Legal reasoning and writing skills 2TC

The course is composed of five issues, which focus on three main topics: - Legal argumentation and fallacies; - FIRAC as a modern method of legal reasoning; - CLEO as a method of legal w

HANOI LAW UNIVERSITY

FACULTY OF CONSTITUTION AND ADMINISTRATIVE LAW

(FOR HLU INTERNAL USE ONLY)

HÀ NỘI - 2022

FACULTY OF CONSTITUTION AND ADMINISTRATIVE LAW

Program: Bachelor of Laws/Bachelor of Bussiness law/… Course title: Legal reasoning and writing skills

Number of credits: 02

Type of the course: Optional

1 INFORMATION OF LECTURERS

- Tô Văn Hoà (Assoc Prof., PhD.), Tovanhoa@hlu.edu.vn

- Hoàng Xuân Châu (PhD.), Hoang.xuan.chau@hlu.edu.vn

- Đào Lệ Thu (PhD.), daolethuhlu@gmail.com

- Lê Nguyễn Duy Hậu

- Nguyễn Thị Kim Chung

- Mai Thị Mai

- Nguyễn Thu Trang

- Đậu Công Hiệp

- Phạm Minh Trang

Office: Room 501, Building A, Hanoi Law University

No 87, Nguyễn Chí Thanh Str., Hanoi

Telephone: 04 38352357

Open hours: 8h00 - 16h00 week-days

2 PREREQUISITE COURSES

- Constitutional law

- Civil law

- Criminal law

- Administrative law

3 SUMMARY OF THE COURSE

“Legal reasoning and legal writing for legal professionals” is a legal methodological training course rather than a substantive law course The

course provides the students with knowledge on modern methods of legal reasoning and writing and trains the students to apply those methods in legal practice situations The students will get to work with real cases and

in the context which is intimate to lawyers

The course is composed of five issues, which focus on three main topics:

- Legal argumentation and fallacies;

- FIRAC as a modern method of legal reasoning;

- CLEO as a method of legal writing

4 CONTENT OF THE COURSE

Issue 1 Legal argumentation and fallacies

1.1 Introduction to the legal proffessions

1.2 Legal writing and legal professions

1.3 Structure of legal argumentation

1.4 Common fallacies in marking argument

Issue 2 FIRAC as a modern method of legal reasoning

2.1 The fact and the law issue

2.2 Introduction to FIRAC

2.3 The F - Facts

2.4 The I - Issue

2.5 The R – Rules

2.6 The A – Analysys

2.7 The C - Conclusion

Issue No 3 FIRAC as a method for briefing of a court’s judgment (case briefing)

3.1 Introduction to case briefing and its usage in legal practice

3.2 The case brief template

3.3 Structure of a court’s judgment (US example)

3.4 Briefing a case

Issue No 4 FIRAC as a method for lawyers to resolve cases

4.1 Elements of a factual legal case

4.2 FIRAC and analysys of a case

4.3 Types of facts in a case

4.4 How to identify the legal issue of a case

4.5 Sources of law and finding of the law applicable to a case

4.6 Legal analysys – nature and purpose

4.7 Analysing a case using FIRAC

Issue No 5 CLEO as a method of legal writing

5.1 Introducion to CLEO as a legal writing method

5.2 The usage of CLEO in legal practice and in law class

5.3 Example of CLEO application

5 OUTPUT STANDARDS OF THE COURSE AND MEET THE OUTPUT STANDARDS OF THE TRAINING PROGRAM

5.1 The Course Learning Outcomes (CLOs)

* Knowledges:

K1: Eventhough it is not its prime purpose, after this course, the students

will be able to gain practical knowledge on a certain issues of substantive law, the legal profession which are touched upon by the cases used during the course

* Skills:

S2: Be able to analyse a factual legal case using the modern legal reasoning

method

S3: Be able to identify applicable law to resolve a case.

S4: Be able to construct persuassive legal argumentation and avoid

common fallacies

* Self-control ability and self-responsibility:

T5: After this course, the student will be more aware of some ethical rules

of the legal professions, particularly the rule of loyalty to the client, critical thinking etc

5.2 The matrix demonstrating the compatibility of the CLOs with the TPLOs

Learning

outcomes

The Knowledge LOs of

the training program

The Skill LOs of the training program

The ability LOs of the training program

K1

S2

S3

S4

T5

6 LEARNING OBJECTIVES

6.1 Detailed learning objectives

Obj.

Issue 1

Legal

argume

ntation

and

fallacie

s

1A1 Understand the

differences between the

legal professions

1A2 Understand the role

of argumentation in the

practice of legal

professions

1A3 Understand the

structure of a valid legal

argumentation

1A4 Know how to avoid

fallacies in making legal

argumentatiaon

1B1 Recognize

the different components of an argumentation

1B2 Recognize how the different components of legal

argumentation work together

1C1 Apply the

rule of fallacies

in making legal argumentation

Issue 2

FIRAC

as a

modern

method

of legal

reasoni

ng

2A1 Understand the

definition of legal

reasoning

2A2 Understand the role

of legal reasoning in

argumentation

2A3 Understand the

contrast between the fact

side and the law side of a

legal case

2A4 Understand the

composition of FIRAC

2A4 the universal

application of legal

reasoning method

2B1 Be able to

make critical comments on the unevesiarity of the legal reasoning method

2B2 Recognize how the different

together

2B3 Recognize how the elements

of FIRAC apply in specific situations

2C1 Be able to

identify the fact

elements in a practical legal case

Issue 3A1 Understand the 3B1 Relize the 3C1 Apply the

No 3.

FIRAC

as a

method

for

briefing

of a

court’s

judgme

nt (case

briefing

)

definition of a court’s

judgment

3A2 Understand how the

court deliver a judgment

3A3 Understand the

structure of a modern

court’s judgment

3A4 Understand the

definition of case briefing

in the Comon Law

Context

3A5 Understand of the

structure of the case

briefing template

3A6 Understand the

differences between the

factual analysis and leal

analysis in a court’s

judgment

differences between different levels of court’s adjudication hiarechy

3B2 Realize the

legal argumentation made by the different judges whose judgements are distributed for the students to analyse

case briefing template to analyze cases from different countries

3C2 Comments

differences in the content of different

national courts’ judgements after analysing them using the case briefing format

Issue

No 4

FIRAC

as a

method

for

lawyers

to

resolve

cases

4A1 Understand the

definition of the facts and

factual context of a legal

case

4A2 Understand the

criteria to categorize facts

of a case

4A3 Understand what

the key facts are

4A4 Understand what

explaining facts are

4A5 Understand what

the coincidental facts are

4A6 Understand the

process of analysing the

facts of a case

4B1 Recognize the difference between the 3 different types of facts

4B2 Recognize the differences

sources of law in the common law and civil law systems

4C1 Be able to

comment on the role of factual analysys in legal profession

4C2 Be able to

analyze the factual elements

of an actual legal case

4C3 Be able to

categorize the facts of an actual legal case

4C4 Be able to

4A7 Understand the

definition of a legal

aspect of a legal case

4A8 Understand the

sources of law in civil

law and common law

countries

4A9 Understand how to

identify the issue of a

case

4A10 Understand how to

identify applicable law to

a case

identify the nature of the case (the course

of action) after analysing the factual context

of a case

4C6 Be able to

gather reliable facts for an actual legal case

4C7 Be able to

identify the issues of actual legal cases

4C8 Be able to

identify applicable law

on an actual legal case

4C9 Be able to

make perssuasive legal analysis in

an actual legal case

Issue

No 5

CLEO

as a

method

of legal

writing

5A1 Understand the

definition of CLEO

5A2 Understand the role

of legal writing in legal

profession

5A3 Understand the

structure of different

component of CLEO

5B1 Recognize the differences between legal reasoning and legal writing

5B2 Recognize the differences between FIRAC

5C1 Be able to

apply CLEO to write a legal memo in an actual legal case

5A4 Understand what

the forms of legal writing

are

5A5 Understand the

defition of legal memo

5A6 Understand the

usage of legal memo in

professions

and CLEO

5B3 Recognize the interrelation between legal reasoning and legal writing

6.2 Total learning objectives

Obj.

7 THE MATRIX DEMONSTRATING THE COMPATIBILITY OF THE DETAILED LEARNING OBJECTIVES WITH CLOs

Objective Knowledges Skills Ability

Objective Knowledges Skills Ability

8 MATERIALS

8.1 Books

1 William Putman, Legal analysis and writing, 4th edition, Delma Cengage Learning, 2013

2 Richard Neumann, Kristen Tiscione, Legal reasoning and legal writing, 7th edition, Aspen Coursebook Series, Wolters Kluwer, 2013

3 Kenneth Vandevelde, Thinking like a lawyer – an introduction to legal reasoning, 2nd edition, Westview Press, 2011

4 Robin Slocum, Legal resoning, writing, and other lawyering skills, 3rd edition, LexisNexis, 2011

5 Linda Edwards, Legal writing and analysis, 3rd edition, Aspen

Coursebook Series, Wolters Kluwer, 2011.

6 Stephen Elias, Legal research – how to find and understand the law, 16th edition, Nolo, 2012

8.2 Cases

1 Motschenbacher, US Court of Appeals, 9th Circuit, (1974)

2 Gideon v Wainwright, 372 U.S 335, 1963

3 Betts v Brady, 316 U.S 455, 1942

4 Loving v Virginia, 388 U.S 1, 1967

U.S 483, 1954

7 O’deall v DeJEAN’s Packing Co., Inc., 1978

OK CIV APP 40, 1978

8 Obergefell et al V Hodges, Director, Ohio Department of Health, et al, U.S 14-556, 2015

9 Dudgeon v The United Kingdom, ECHR, 7525/76, 1981

10 Hatzimanolis v ANI Corporation Ltd, High Court of Australia, F.C 92/019, 1992

11 Precedent No 02/2016/AL, Supreme People’s Court of Vietnam, 2016

9 TEACHING – LEARNING FORMS

9.1 General schedule

Week Unit

Teaching-learning forms

Total Lectur

e

Semina r

Group work

Self-study Assessment

3 3 2 4 2 3 Participation in seminarMid-term exam

Participation in seminar

5 5 2 4 2 3 Participation in seminar

Credit

9.2 Detailed schedule

Week 1: Issue 1

Teaching –

Learning

form

Credit

hours Main contents Requirements for students’ preparation

Lecture 4

- Introduction to the legal proffessions

- Legal writing and legal professions

- Structure of legal argumentation

- Common fallacies

in marking argument

- Selected pages from Slocum (2011), Vandevelde (2011), Putman (2013), Neumann (2013)

- Video clips: Noll vs Neece case; Meaning of reasoning, legal reasoning skills; types of fallacies

Seminar 2

credi t hour s

-Different components of legal argumentation

- Identifying common fallacies in legal argumentation

- Discussion on the role of lawyers

- Identification of fallacies in argumentation

Team work 1

Self study 1

- Making simple legal argumentation

- Discussion on the role of lawyers

- Identification of fallacies in argumentation

Tutoring

- Content: Answering student’s questions off the class, introducing new reference materials etc

- Time: 8.30 to 11.00 every Tuesday

- Venue: Room 502, A Building or via email

Week 2: Issue 2

Teaching –

Learning

form

Credit

Requirements for students’ preparation

Lecture 2

- The fact and the law issue

- Introduction to FIRAC

- The F - Facts

- The I - Issue

- The R – Rules

- The A – Analysys

- The C - Conclusion

Selected pages from Putman (2013)

Seminar 2 - Working on some cases to identify the

fact and the law texts in those cases

Assigned U.S and

Vietnamese cases

Team work 1 Working on some cases to identify the

fact and the law texts in those cases Self study 1 Working on some cases to identify the

fact and the law texts in those cases Tutoring

- Content: Answering student’s questions off the class, introducing new reference materials etc

- Time: 8.30 to 11.00 every Tuesday

- Venue: Room 502, A Building or via email

Week 3: Issue 3

Teaching –

Learning

form

Credit

hours Main contents

Requirements for students’ preparation

Lecture 2

- Introduction to case briefing and its usage in legal practice

- The case brief template

- Structure of a court’s judgment (US example)

- Selected pages from Slocum (2011), Vandevelde (2011), Edwards (2011)

Seminar 2 Briefing cases using the case

briefing template

- Assigned U.S cases

Team 1 Briefing cases using the case

work briefing template.

Self

- Briefing cases using the case briefing template

Tutoring

- Content: Answering student’s questions off the class, introducing new reference materials etc

- Time: 8.30 to 11.00 every Tuesday

- Venue: Room 502, A Building or via email

Week 4: Issue 4

Teaching –

Learning

form

Credit

hours Main contents

Requirements for students’ preparation

Lecture 2

- Elements of a factual legal case

- FIRAC and analysys of a case

- Types of facts in a case

- How to identify the legal issue

of a case

- Sources of law and finding of the law applicable to a case

- Legal analysys – nature and purpose

- Slected pages from Slocum (2011), Stephen Elias (2012), Vandevelde (2011), Putman (2013), Neumann (2013)

Seminar 2 Analysing actual cases using FIRAC Actual cases

asigned in the class

Team work 1 Analysing actual cases using FIRAC

Self study 1 Analysing actual cases using FIRAC

Tutoring

- Content: Answering student’s questions off the class, introducing new reference materials etc

- Time: 8.30 to 11.00 every Tuesday

- Venue: Room 502, A Building or via email

Week 5: Issue 5

Teaching –

Learning

form

Credit

hours Main contents students’ preparation Requirements for

Lecture 2 - Introducion to CLEO as a legal

writing method

- The usage of CLEO in legal

- Selected pages from Slocum (2011), Putman (2013),

practice and in law class

- Example of CLEO application

Neumann (2013), Edwards (2011)

Using CLEO to write legal memo from the analysis of cases handed out in previous classes

Actual cases asigned

in the class

Team work 1

Using CLEO to write legal memo from the analysis of cases handed out in previous classes

Self study 1

Using CLEO to write legal memo from the analysis of cases handed out in previous classes

Tutoring

- Content: Answering student’s questions off the class, introducing new reference materials etc

- Time: 8.30 to 11.00 every Tuesday

- Venue: Room 502, A Building or via email

10 POLICIES OF THE COURSE

- In accordance with the applicable regulations of the Hanoi Law University

11 ASSESSMENT METHODS

11.1 Frequent assessment

- Attendance: Students participate in 75% or more of the prescribed hours for each theory or seminar part

- Participation in seminars and team assignment

11.2 Periodical assessment

Assessing knowledge and attitudes to participate in seminar 10%

11.3 Criteria for assessment

 Assessing knowledge and attitudes to participate in seminar