THE
PROJECT DESCRIPTION
COURSE NAME: LAW AND THE INTERNET, Sec. 551.306.02
INSTRUCTOR: DOUGLAS S. SANDHAUS, ATTORNEY AT LAW
cell: 410-370-1525
email:
[email protected]
PROJECT DESCRIPTION: Your semester-long project, which is worth 25% of your overall course grade, will go forward in two general phases. Phase I will commence when the professor divides the class into a series of 3-person groups; this will occur during the second or third class. Each GROUP will then be assigned to write a three-page fact pattern based on the cases from one of the chapters in the textbook (the professor will choose which chapters are assigned to which groups). The specific requirements for this 3-page paper are discussed below, and the deadline for submitting this paper is set forth in the course syllabus.
Several weeks later, Phase II of the project will commence. During this phase, the professor will provide each 3-person group with ONE of the aforementioned fact patterns (which may or may not be the same one that the group itself submitted). The professor will then assign one member of the group to write a 3-page brief from the perspective of “Plaintiff’s counsel,” one member of the group to write a 3-page brief from the perspective of “Defendant’s counsel,” and one member of the group to write a 4-page legal opinion from the perspective of “Judge.” The specific requirements for these writings are discussed below, and the deadlines for submitting these writings are set forth in the course syllabus.
GRADING: PHASE I REQUIREMENTS: As the basis for its 3-page fact pattern, each group will select ANY SINGLE legal issue presented in the assigned chapter of the text. IT IS IMPORTANT THAT ONLY ONE LEGAL ISSUE BE IDENTIFIED. The group will then create a 3-page fact pattern—which will take the form of a fictional narrative—which essentially creates a legal dispute concerning that issue. Groups MAY use a REAL case as the basis for the narrative PROVIDED that this case does not come directly from the textbook and FURTHER PROVIDED that the names are changed to protect the innocent and the guilty. (In other words, if the facts from a real case are used, that case MUST be one that the group itself “discovered” based on its own research.)
The format of the paper that is turned in MUST meet these requirements: (1) the paper must be no longer than 3 pages (and preferably no shorter than 2 pages), (2) the fact pattern should describe factual events which effect no more than 4 or 5 people; in short, the simpler, the better; (3) the fact pattern MUST end with some type of legal dispute occurring between EXACTLY TWO of the people involved, where one person [the “plaintiff” (or the government, if applicable)] brings suit against another person [the “defendant” (or the government, if applicable)]; (4) the subject of the dispute MUST fall within the general subject matter covered by the assigned chapter; (5) the paper MSUT end with the following: (a) an identification of the plaintiff, (b) an identification of the defendant, and (c) ONE (and only ONE) single, definitive, clear, concise legal issue which the “court” will be asked to resolve between the parties. This legal issue should be ONE SENTENCE LONG and be in the form of a general question. For example, if your chapter includes issues that concern personal jurisdiction, your legal issue may be phrased thusly: “Does the court have a sufficient basis for exercising personal jurisdiction over the plaintiff?”
25% of the overall grade for this project will be derived from how well the group meets these Phase I requirements, and each member of the group will receive the same grade for this Phase.
PHASE II REQUIREMENTS: For this phase, each counsel for each respective plaintiff and the defendant will be required to turn in a 3-page legal brief; each Judge will turn in a 4-page legal decision. (In addition, each student’s paper MUST attach a copy of their respective original “fact pattern” to their work). Each project MUST also meet the following “Sectional” requirements:
For the plaintiffs’ and defendants’ counsel, the FIRST SECTION of the brief will identify the relevant case information: The top of the first page should include a correct statement of the case name (for example, “Mike Smith v. Susan Jones,” being careful to list the plaintiff’s name first). This should be followed, ON A SEPARATE LINE, by the words “BRIEF OF….” followed by an identification of the party “represented” by the student (for example, “MIKE SMITH, PLAINTIFF”), followed by the word “BY”, followed by the student’s full name. The judges will provide similar information, EXCEPT instead of the words “BRIEF OF” the judge will use the words “DECISION OF,” followed by the student’s name, followed by the word “JUDGE.”
The SECOND SECTION of the paper will be called “ISSUE”. This section should begin by writing the word “ISSUE:” followed by a VERBATIM recitation of the ONE SENTENCE legal issue to be adjudicated.
The THIRD SECTION of the paper will be called “ADDITIONAL FACTS.” The primary goal of this project is to work within the specific factual framework provided in the fact pattern. If the student finds he cannot intelligently discuss the legal issue without adding additional facts to the fact pattern, this would be the place where the student may state what exactly those additional facts are. WARNING: do not add facts simply because you do not “like” the facts you have been given, or because you are afraid that you can’t “win” the case unless some facts are changed or added. ONLY add facts if, in your research, certain facts need to be discussed which have not been provided to you. (Because a copy of the fact pattern will be attached, it is unnecessary to re-articulate all of the facts of the case. In fact, points will be deducted if you restate facts unnecessarily).
The FOURTH SECTION of the paper will be called “ANALYSIS.” The vast majority of your paper will be contained in this section. For plaintiffs’ and defendants’ counsel, basically it will be their challenge to research the legal issue in question and argue that the law, when construed in light of the facts of this case, compel the “Judge” to find in favor of their client on that issue. For judges, basically it will be their challenge to thoroughly research the legal issue in question and essentially compel *THE PROFESSOR* to believe that you understand the issue.
YOU MUST THEREFORE DO ACTUAL RESEARCH, AND YOU MAY NOT MAKE UP LAW HERE. A well-written Analysis section will (a) provide proper legal citation to governing case law on your issue, and preferably a lot of it, and (b) provide a thorough discussion of the relevant facts of your case.
The FIFTH (and final) SECTION of the paper will be called “CONCLUSION.” For plaintiffs’ and defendants’ counsel, this section will contain nothing more than a single, concise statement of the result that your client desires. For judges, this section will contain nothing more than a single, concise statement of the legal result that you are finding. In any case, your analysis should therefore flow naturally from the Analysis section, and should directly be responsive to the Issue. For example, in the “jurisdiction” hypothetical above, a perfectly acceptable Conclusion for the defendant would be: “For the above-stated reasons, the court does not have a sufficient legal basis for exercising personal jurisdiction over the defendant.”
75% of the overall grade for this project will be derived from how well the student meets these Phase II requirements (in particular, how well the student researched the issue, how well the student was able to work within the factual confines without adding additional information, how logical the student’s arguments are, etc.), and each student in the group will receive an individual grade for this Phase.