Legal Writing Lesson Plan

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Lesson Plan: Legal Writing Social Movements in American Politics POL 108a Spring 2009 Objective: To help students think about structuring an argument. Total estimated time: 45 min Work Completed Before Class: No prior reading is necessary, though a selection of legal writing (memo, brief, or opinion) could be helpful to their understanding. 1. Discuss the general structure of legal writing: This exercise will give some insight into legal writing and analysis. The structure is also helpful in non-legal writing because it is an effective method for crafting an argument and predicting results. (15 min) The general analytical paradigm for legal writing is IRAC: I Identification of the issue R Rule of law (for that particular…show more content…
Read the following summary of Davis v. Finance Corp. on the requirement of reckless conduct. Then read Augusta's account of Olympia's reckless conduct. List the points you will make to show Olympia was reckless. Then list: the points that show Olympia was not reckless. After this, write a discussion on whether Augusta can show Olympia acted recklessly. Davis v. Finance Corp. Defendant's conduct must be intentional or at least reckless to be actionable. If reckless, the conduct must: be such that there is a high degree of probability that the plaintiff will suffer severe emotional distress and the actor goes ahead in conscious disregard of it. Mrs. Davis told Finance Corp. that its visits to her at the hospital where she visited her ailing daughter were upsetting her daughter so much that her recovery was being impeded. Davis added that she herself was becoming extremely anxious, worried, and angry that Finance was dragging a patient into a dispute that "was none of the patient's doing." Upon hearing this, Finance Corp. suspended its visits to the hospital. At a later date, Davis informed Finance that "its harassment was driving her…show more content…
After four weeks, Livia wrote the following letter to the president of Olympia. The conduct of your personnel in pursuing payment for a purchase I never made is having a horrendous impact on my health and emotional stability. My physician is giving me tranquilizers around the clock to control the acute anxiety I have been experiencing, This situation is intolerable, and I expect you, as president of the store, to clear this matter up before I become a complete
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