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Syllabus Updates: OK To Skip QP, BA & Facts

The document provides updates to a law school syllabus. It notes that a draft of Memo #2 is due on October 31 and can skip certain sections. An email memo is due on November 5. On November 7, drafts of Memo #2 will be returned and common problems discussed. Individual student conferences on Memo #2 will be held between November 12-18. The final draft of Memo #2 is due on November 21 along with a course evaluation.

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Keenan Smith
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27 views

Syllabus Updates: OK To Skip QP, BA & Facts

The document provides updates to a law school syllabus. It notes that a draft of Memo #2 is due on October 31 and can skip certain sections. An email memo is due on November 5. On November 7, drafts of Memo #2 will be returned and common problems discussed. Individual student conferences on Memo #2 will be held between November 12-18. The final draft of Memo #2 is due on November 21 along with a course evaluation.

Uploaded by

Keenan Smith
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Syllabus Updates

Oct. 31 Memo #2 complete draft due. OK to skip QP, BA & Facts. Class will focus on Email
memo assignment fact pattern, format and structure. Also: In-class passport exercise. Read
Passport Exercise materials (on TWEN). Class will focus on legal analysis and rule application.
Optional: Coughlin, ch. 18.
Nov. 5 Email memo due. Class discussion TBA.
Nov. 7 Memo #2 drafts returned; class will focus on common problems.
Nov. 8 Special office hours 9am-10am (or longer if needed)
Nov. 12-18 Individual conferences on Memo #2 assignment – sign up on TWEN
Nov. 12 TBA
Nov. 14 TBA
Nov. 19 Final editing tips
Nov. 21 Memo #2 final draft due; course evaluation; exam-taking tips. Last class!
TBD Optional: Final exam legal analysis exercise
QP, BA & Facts
 Need section headings: see Sample Memo #1
 Format headings to stand out [bold, underline]
 Check formatting – should be double-spaced
Question Presented
 Avoid nominalization:
 Was the search a violation of 
 Did the search violate
 Identify Collins as school official or vice-principal
 Fourth Amendment: spell out, capitalize
 Fourth Amendment: rights or right?
 Principal, not principle: the principal is your pal
Brief Answer
 State rule before laying out analysis
 Rule = two-prong rule from TLO
 Keep it brief!
 Use one sentence for rule
 Use one sentence for each prong of analysis
 Use language of rule in framing your analysis
 Not: The search was reasonable at its inception b/c
 But: The search was justified at its inception b/c…
 Make sure phrasing is clear:
 Not: The search exceeded its scope b/c…
 But: The search was unreasonable in scope b/c…
Brief Answer
Should read like a mathematical proof:

1. To comply w/4th A., search must be:


justified @ inception + reas. in scope
2. Search was justified at its inception b/c …
3. Search was/was not reasonable in scope b/c …
4. Thus, search did/did not comply w/4th A.
Facts
 On the whole, good job!
 Be clear and accurate:
 Where did search occur?
 Where was purse? Where was wallet?
 Hone in on details that bear on analysis:
 Had to search purse to find wallet
 Omit details that aren’t relevant to analysis:
 Denial of drug dealing allegation?
 Tin of peppermints?

How do you tell the difference?


 After Discussion written, come back and revise
Statement of Facts
Outlines
Intro Intro
Prong 1 Prong 1
-RE -Case/Application
-RA -Case/Application
Prong 2 Prong 2
-RE -Case/Application
-RA -Case/Application
Conclusion Conclusion
Outlines
Intro: main task: establish 2-prong rule from TLO

Prong 1
-RE: TLO is a good place to start

“Under ordinary circumstances, a search of a student by


a teacher or other school official will be ‘justified at its
inception’ when there are reasonable grounds for
suspecting that the search will turn up evidence that the
student has violated or is violating either the law or the
rules of the school.”
Outlines
Intro: main task: establish 2-prong rule from TLO

Prong 1
-RE: TLO is a good place to start
Need to include case on student tips
Prong 2
-RE: TLO is a good place to start
Need to include both AS & TJ
Be careful in stating the rule or the
point you’re making with TJ and AS:

 To be reasonable in scope, a search must be


reasonably related to the circumstances giving
rise to the suspicion in the first place

 To be reasonable in scope, a search must be


reasonably related to its objective
Use language of rule in framing your
assertions to make the structure of
your argument crystal clear:
I. To comply w/4th A., search must be justified @ inception and reas. in scope

II. Prong 1
a. Search is justified @ inception if …
b. Here, search was justified @ inception b/c…

III. Prong 2
a. To be reas. in scope, search must…
b. Here, search was/was not reas. in scope b/c…

IV. In conclusion, search did/did not comply w/4th A.


Make sure your statement of the
holding is actually the holding:
 The court held that “the student’s interest in privacy
should preclude a scavenger hunt after the basic
search has produced no weapons.”

 The court held that “the search exceeded the scope


permitted by the Fourth Amendment when the school
official examined the plastic bag in a side pocket
which clearly contained no weapon.”

 The court held that the search was unreasonable in


scope.
Make sure your phrasing is clear:
 A search may exceed its scope if …
 The court held the search exceeded its scope

 A search is unreasonable in scope if …


 The court held the search was unreasonable in
scope
 The court held the search exceeded its
permissible scope
Organize RA around the substance of
your arguments:
 Why was it unreasonable to search the wallet?
 1.
 2.
 3.

 Consider counter-arguments

 RA assertions need support!


 Elaborate
 Explain
 Lay out your reasoning explicitly
Style/Editing Tips:
Pay attention to the subject of your sentence:

 After opening the purse, the search proceeded


into Soraya’s wallet.
 After opening the purse, Mr. Collins proceeded to
search Soraya’s wallet.

 Running across the power line, Prof. Jackson


saw the squirrel.
 While it was running across the power line, Prof.
Jackson saw the squirrel.
Make sure you’re using the right verb
for your assertion:
Original:
 Generally, a tip from a known student constitutes reasonable
suspicion sufficient to justify a search at its inception.
Focus:
 Generally, a tip from a known student constitutes reasonable
suspicion sufficient to justify a search at its inception.
Fix:
 Generally, a tip from a known student establishes reasonable
suspicion sufficient to justify a search at its inception.
Style/Editing Tips:
 The (Angry) Platypus rule: "Before discussing the (Angry)
Platypus be sure to introduce him as a(n Angry) Platypus.
Extrapolate as necessary."

a/k/a

 The "The" Rule: Do not identify a noun with "the" until you have
first identified it with "a" or "an."
Style/Editing Tips:
 Take things one at a time: make each sentence do just one job
 Use transitions to alert & guide reader how parts fit together
 Be concrete & specific, not abstract & general
 Assert points directly; avoid excess verbiage
 Don’t use contractions
 Don’t use ellipsis (…) at start of quote
 Avoid “legalese”:
 words like said/aforesaid/aforementioned
 Avoid passive voice and nominalizations
 replace “is/was in violation of” with “violates/violated”
Organize RA around the substance of
your arguments:
 Why was it unreasonable to search the wallet?
 1.
 2.
 3.

 Consider counter-arguments

 RA assertions need support!


 Elaborate
 Explain
 Lay out your reasoning explicitly

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