Practice law journal Assignment

Practice law journal Assignment

All assignments in this course are untimed and open book/notes/computer. You may choose to
work with other students in your section on this practice journal. However, to make it the most
realistic practice for the module 13 assignment where you will work alone, you might choose to
work alone.
The purpose of this activity is to practice your skills for the Module 13 research journal so you
will be better prepared for that important assignment. This practice research journal is graded. It
is very important for your learning to give a good effort here and to take time to reflect on your
skills and compare your answer to the expert model answer. After you submit your practice
journal to the Dropbox for grading you will be able to view the model answer.
In this exercise, you will complete a short, informal, research journal. Why a journal? We are
often interrupted or delayed in our research. Knowing where you are at in the research and why
is important. You are also documenting research possibilities that you have eliminated in case
you receive questions about those possibilities. A well-kept research journal makes writing a
memorandum or brief easier. Finally, from an educational perspective, a journal allows you to
reflect on your research style to get the most out of the learning process. Remember to
document your process, essentially “thinking out loud,” as I cannot give credit by inferring what
you did, only by what you document.
Fact pattern:
Note that all of the facts are hypothetical.
Facts
Denethor was riding his bicycle on the right side of a street in California. He was wearing a
bright yellow jersey and a bright yellow helmet. Denethor noticed the road ahead of him was
broken up with potholes and he would surely crash unless he went around. Denethor looked
back to make sure the lane was clear, saw Pippin’s car a reasonable distance back, and went
further to the left into the traffic lane and around the damaged portion of the road. As Denethor
was out in the lane, Pippin realized he was not going anywhere near the speed limit, sped up to
the speed limit and saw Denethor too late and ran him over. Denethor suffered broken ribs, a
separated shoulder, and a nasty case of road rash. His helmet and bike were a total loss. Pippin
was driving a rare Delorean that sustained $25,000 of damage as a result of the crash. He hires
you one year and eleven months after the accident to sue Denethor.
Research and analyze his claims and Denethor’s defenses. You do not need to do in depth
research, but do enough that you are confident giving preliminary advice to Pippin.
Further instructions:
As you do your research, keep a journal of all steps that you take. Start by writing out your
issue statement(s). Do some preplanning. The 5 Ws (who, what, where, when, and why) are
helpful for analyzing the problem before starting the research proper. Be sure to include in your
journal information on any secondary sources that you use (hint: in these problems, like in most
legal research, you will find good leads in many secondary sources). Show your reader what
you were thinking as you did your research; simply attaching a Westlaw Trail report only will
NOT satisfy this assignment.
If using an online database, record what services you use and what databases and queries
you tried (include both successful and unsuccessful queries!). If using print, describe what
volumes and strategies you are using.
Near the end of your Journal, write a few sentences that apply your client’s fact situation with
the law that you find and how you might advise your client on their chances of success and any
other recommendations you may have for them on how to proceed. Your will need to back up
your recommendation with key legal authorities to be most effective.
Assumptions:
1. The EJD students need not worry about ethical issues for the researcher based on
UPL for this assignment.
2. For some strange reason, Denethor doesn’t counterclaim so you don’t need to
address his claims.
Finally, comment briefly on the process. Having completed the exercise, what would you have
done differently? In this exercise or in the course generally, what information will you best be
able to apply in your present or future occupation?
It is typically not necessary to spend more than five hours on this assignment. A model answer
will be provided for this practice research journal, but not when you do the graded research
journal in Module 13. View the instructions and the grading criteria that will be evaluated in
Module 13.
Module 11 Grading Rubric
This assignment is worth 39 points.
Assignment
Criteria
Level III Level II Level I Not
Present
Criteria 1 Level III Max Points
Points: 20
Level II Max Points
Points: 14
Level I Max Points
Points: 8
0 points
Assignment
Criteria
Level III Level II Level I Not
Present
Applies legal
authority and
reasoning to
legal, strategic,
ethical, and
economic
factors
Meets all or nearly all of
the following:
● States the
correct rule(s) of
law.
● Clearly applies
the of rule of law
to legal,
strategic, ethical,
and economic
factors.
● Succinctly
discusses how
the rule of law
would be
applied.
● Coherently and
succinctly
synthesizes the
relevant legal
authority to
social, political,
and economic
issues.
● Supports the
recommendation
fully with
research and
logic, and
consideration of
any relevant
legal, strategic,
ethical, and
economic
factors.
Meets most of the
following:
● States the
correct rule(s) of
law.
● Clearly applies
the of rule of law
to legal,
strategic, ethical,
and economic
factors.
● Succinctly
discusses how
the rule of law
would be
applied.
● Coherently and
succinctly
synthesizes the
relevant legal
authority to
social, political,
and economic
issues.
● Supports the
recommendation
fully with
research and
logic, and
consideration of
any relevant
legal, strategic,
ethical, and
economic
factors.
Meets few or some of
the following:
● States the
correct rule(s)
of law.
● Clearly applies
the of rule of
law to legal,
strategic,
ethical, and
economic
factors.
● Succinctly
discusses how
the rule of law
would be
applied.
● Coherently
and succinctly
synthesizes
the relevant
legal authority
to social,
political, and
economic
issues.
● Supports the
recommendati
on fully with
research and
logic, and
consideration
of any relevant
legal,
strategic,
ethical, and
economic
factors.
Does not
meet the
requirem
ents.
Criteria 2 Level III Max Points
Points: 10
Level II Max Points
Points: 7
Level I Max Points
Points: 4 points
0 points
Research
primary and
secondary legal
authority
Meets all or nearly all of
the following:
● Correctly
identifies the
problem along
Meets most of the
following:
● Correctly
identifies the
problem along
Meets few or some of
the following:
● Correctly
identifies the
problem along
Does not
meet the
requirem
ents.
Assignment
Criteria
Level III Level II Level I Not
Present
with all
reasonable
nuances and
analogous
concepts.
● Cites to all major
binding law in
the jurisdiction.
● Adds all relevant
interpretation
from appellate
and trial level
courts.
● Includes
decisions from
outside the
jurisdiction where
appropriate (due
to the lack of
binding.
pronouncements
in the jurisdiction
in question) that
are relevant and
useful to
particular
question’s point
of view.
● Updates key
primary sources
with a cite
checker to make
sure they are
still valid.
with all
reasonable
nuances and
analogous
concepts.
● Cites to all major
binding law in
the jurisdiction.
● Adds all relevant
interpretation
from appellate
and trial level
courts.
● Includes
decisions from
outside the
jurisdiction where
appropriate (due
to the lack of
binding
pronouncements
in the jurisdiction
in question) that
are relevant and
useful to
particular
question’s point
of view.
● Updates key
primary sources
with a cite
checker to make
sure they are
still valid.
with all
reasonable
nuances and
analogous
concepts.
● Cites to all
major binding
law in the
jurisdiction.
● Adds all
relevant
interpretation
from appellate
and trial level
courts.
● Includes
decisions from
outside the
jurisdiction
where
appropriate
(due to the lack
of binding
pronouncemen
ts in the
jurisdiction in
question) that
are relevant
and useful to
particular
question’s
point of view.
● Updates key
primary
sources with a
cite checker to
make sure
they are still
valid.
Criteria 2 Level III Max Points
Points: 9
Level II Max Points
Points: 6
Level I Max Points
Points: 4
0 points
Assignment
Criteria
Level III Level II Level I Not
Present
Research
Journaling
Meets all or nearly all of
the following:
● Research can
easily be
recreated from
documentation.
● Analysis can be
repurposed with
reasonable effort
into another
project such as
a brief.
● Citations are in
the required
format.
● Responds to
questions with a
detailed and
thoughtful
reflection on the
process and
future
performance.
Meets most of the
following:
● Research can
easily be
recreated from
documentation.
● Analysis could
be repurposed
with reasonable
effort into
another project
such as a brief.
● Citations are in
the required
format.
● Responds to
questions with a
detailed and
thoughtful
reflection on the
process and
future
performance.
Meets few or some of
the following:
● Research can
easily be
recreated from
documentation
.
● Analysis could
be repurposed
with
reasonable
effort into
another
project such
as a brief.
● Citations are
in the required
format.
● Responds to
questions with
a detailed and
thoughtful
reflection on
the process
and future
performance.
Does not
meet the
requirem
ents.
Maximum
Total Points
39 27 16 0
Minimum Total
Points
28 17 1 point minimum

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