Seeing the “Big Picture”: Using Diagrams to Facilitate Learning in Legal Writing Classes

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Transcript Seeing the “Big Picture”: Using Diagrams to Facilitate Learning in Legal Writing Classes

Seeing the “Big Picture”:
Using Diagrams to Facilitate
Learning in Legal Writing
Classes
Karen Cooper
Jennifer Romig
LWRAP, Emory University Law School
LWRAP-I
WRITING
STRUCTURE
MEMO
RESEARCH
STYLE
BRIEF
ANALYSIS
GRAMMAR
AUTHORITY
SECONDARY
PRIMARY
TONE
ISSUE
OUTLINE
RULE
USAGE
SHEPARD’S
SYNTHESIZE
EXPLAIN
CITATION
CITATION
APPLICATION
TO FACTS
FACTS
CONCLUSION
FINALIZING
THE MEMO
QP
BA
CONCLUSION
ADVOCACY (2
ND
Sem.)
LWRAP-I
WRITING
STRUCTURE
RESEARCH
STYLE
GRAMMAR
MEMO
ANALYSIS
TONE
ISSUE
USAGE
OUTLINE
RULE
CITATION
LWRAP-I
WRITING
STRUCTURE
RESEARCH
STYLE
GRAMMAR
MEMO
ANALYSIS
TONE
ISSUE
USAGE
OUTLINE
RULE
SYNTHESIZE
CITATION
LWRAP-I
WRITING
STRUCTURE
RESEARCH
STYLE
GRAMMAR
MEMO
ANALYSIS
TONE
ISSUE
USAGE
OUTLINE
RULE
SYNTHESIZE
EXPLAIN
CITATION
LWRAP-I
WRITING
STRUCTURE
RESEARCH
STYLE
GRAMMAR
MEMO
ANALYSIS
TONE
ISSUE
USAGE
OUTLINE
RULE
SYNTHESIZE
EXPLAIN
APPLICATION
TO FACTS
CITATION
LWRAP-I
WRITING
STRUCTURE
RESEARCH
STYLE
GRAMMAR
MEMO
ANALYSIS
TONE
ISSUE
USAGE
OUTLINE
RULE
SYNTHESIZE
EXPLAIN
APPLICATION
TO FACTS
CONCLUSION
CITATION
LWRAP-I
WRITING
STRUCTURE
RESEARCH
STYLE
GRAMMAR
MEMO
ANALYSIS
TONE
ISSUE
OUTLINE
RULE
SYNTHESIZE
EXPLAIN
APPLICATION
TO FACTS
FACTS
USAGE
CONCLUSION
CONCL
CITATION
LWRAP-I
WRITING
STRUCTURE
RESEARCH
STYLE
GRAMMAR
MEMO
ANALYSIS
TONE
ISSUE
OUTLINE
RULE
SYNTHESIZE
EXPLAIN
APPLICATION
TO FACTS
FACTS
CONCLUSION
CONCL
FINALIZING
THE MEMO
USAGE
QP
BA
CONCLUSION
CITATION
LWRAP-I
WRITING
STRUCTURE
RESEARCH
STYLE
GRAMMAR
MEMO
ANALYSIS
TONE
ISSUE
OUTLINE
RULE
SYNTHESIZE
EXPLAIN
APPLICATION
TO FACTS
FACTS
CONCLUSION
CONCL
FINALIZING
THE MEMO
USAGE
QP
BA
CONCLUSION
CITATION
AUTHORITY
SECONDARY
PRIMARY
LWRAP-I
WRITING
STRUCTURE
RESEARCH
STYLE
GRAMMAR
MEMO
ANALYSIS
AUTHORITY
SECONDARY
PRIMARY
TONE
ISSUE
OUTLINE
RULE
SYNTHESIZE
EXPLAIN
APPLICATION
TO FACTS
FACTS
CONCLUSION
CONCL
FINALIZING
THE MEMO
USAGE
QP
BA
CONCLUSION
CITATION
SHEPARD’S
LWRAP-I
WRITING
STRUCTURE
RESEARCH
STYLE
GRAMMAR
MEMO
ANALYSIS
AUTHORITY
SECONDARY
PRIMARY
TONE
ISSUE
OUTLINE
RULE
USAGE
SHEPARD’S
SYNTHESIZE
EXPLAIN
CITATION
CITATION
APPLICATION
TO FACTS
FACTS
CONCLUSION
CONCL
FINALIZING
THE MEMO
QP
BA
CONCLUSION
LWRAP-I
WRITING
STRUCTURE
RESEARCH
STYLE
GRAMMAR
MEMO
ANALYSIS
AUTHORITY
SECONDARY
PRIMARY
TONE
ISSUE
OUTLINE
RULE
USAGE
SHEPARD’S
SYNTHESIZE
EXPLAIN
CITATION
CITATION
APPLICATION
TO FACTS
FACTS
CONCLUSION
CONCL
FINALIZING
THE MEMO
QP
BA
CONCLUSION
ADVOCACY (2
ND
Sem.)
Constructing a Diagram
Pick a topic
What do
you want
to convey?
Audience?
Global or
JIT?
Choose a
format
Make the
chart
Case
Element
Element
Element
Element
Element
Element
Element
Element
Result?
Bell v.
Grackin,
highest court,
1959
child is injured
AND child is
trespassing
AND injury is
caused by an
instrument or
artificial
condition on
the land
AND the
instrument or
artificial
condition is
inherently
dangerous
Implied? (court
says “attractive
to kids”)
No recovery
Andersonville
v. Goodden,
intermediate
court, 1961
child is injured
AND child is
trespassing
Implied (it
was an
artifical
instrument)
Implied (court
calls it a
“dangerous
instrument”)
AND
dangerous
instrument is of
compelling
attraction-“draws” child
onto land
No recovery
(child was not
drawn onto the
land by the
truck)
Newcomb v.
Roberts,
highest court,
1982
child is injured
AND child is
trespassing
AND injury is
caused by an
instrument or
artificial
condition on
the land
Implied? (court
mentions the
“risks posed by a
swimming pool”)
McDaniels v.
Lanier,
highest court
1987
child is injured
AND child is
trespassing
BUT NOT if
injury is
caused by
naturally
occurring
condition on
land
Synthesized
rule
child is injured
AND child is
trespassing
AND injury
is caused by
an
instrument
or artificial
condition on
the land
What happened
to this element?
Has this part of
the rule been
changed? Is a
swimming pool
“inherently
dangerous” ( see
Newcomb)?
AND landowner
knows/has
reason to know
children likely
to trespass
AND the risk
posed is one that
children won’t
appreciate
AND
landowner fails
to exercise
reasonable care
to eliminate the
danger or
protect the
children
Recovery
allowed
[not mentioned,
yet the child
was drawn onto
the land by the
pond]
AND landowner
knows/has
reason to know
children likely
to trespass
AND the risk
posed is one that
children won’t
appreciate
AND
landowner fails
to exercise
reasonable care
to eliminate
danger or
protect the
children
No recovery
What about
this element?
It hasn’t been
identified in
any decisions
of the highest
court; likely
not part of
rule.
AND
landowner
knows/has
reason to know
children likely
to trespass
AND the risk
posed is one
that children
won’t
appreciate
AND
landowner
fails to
exercise
reasonable
care to
eliminate the
danger or
protect the
children
Examples: Question Presented
HELPING
VERB
LEGAL
ISSUE
Did, May
Is, Was, Can
Is
SUBORDINATE
CONJUNCTION
KEY
FACTS
When
Where
a covenant
not to
compete
enforceable
when
it restricts the
seller of a
business from
soliciting
customers for
three years in
three counties?