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General Instructions for Learning Activities Read/watch all assigned materials listed for the week in Overview.
Submit learning activities to the correct week’s Learning Activity tab in the Assignment Folder.
Put your name on your uploaded file. Submit work in Word, RTF, or PDF format. Refer to course materials, cases, and/or statutes to support conclusions. Review the grading rubric for Learning Activities.
Learning Activity: due 11:59 pm ET, Saturday.
Background: Chong is preparing a professional development seminar for the City Bar Association. She has prepared exercises related to case opinions that reflect flaws in legal writing. Chong has asked you to prepare answers to the exercises that she can use in the seminar. She knows this practice will benefit the legal analysis and writing you are completing in the Hastings case.
Instructions: Following are case opinions that reflect flaws in legal writing. Some of the examples may be amusing (such as one judge’s reference to putting a pig in a dress and calling her Florence), but it is important to grasp the courts’ underlying message: pay attention to what you write!
Complete the exercises below. Do not copy and paste the questions into your uploaded document. 1. On WestlawNext, go to Varda, Incorporated v. Insurance Company of North America, at page 634 in volume 45 of Federal Reporter, Third Series. 1a. Go to headnote 13 in the opinion, which is under Part IV, Costs. In 3-4 sentences explain why Varda’s counsel was denied court costs, although Varda was the successful party on appeal.
1b. In that same section of the opinion, Judge McLaughlin tells the story of what happened in 1596 to the author of a lengthy pleading. Why was the author penalized? What was his penalty? Summarize that story in 1-2 sentences. 1c. Provide the full and correct Bluebook citation for this case. Abbreviate where necessary.
2. On WestlawNext, go to Bradshaw v. Unity Marine Corporation, Incorporated at volume 147, page 668, in Federal Supplement, Second Series.
2a. At pages 670 of the opinion, why does the judge chastise one party over citing volume 1886 of the Federal Reporter? Answer in 1 sentence.
2b. At page 671, why does the judge chastise counsel for not using a pincite? Answer in 1 sentence.
2c. In 3-4 sentences, discuss the judge’s assessment of the legal authorities cited in the parties’ pleadings.
2d. In addition to the errors noted in a, b, and c above, what lessons can you take away from this case? Answer in 2-3 sentences.
2e. Provide the full and correct Bluebook citation for this case. Abbreviate where necessary.
3. On WestlawNext, go to United States v. Butler by typing this citation into the search box: 1995 WL 934960. This is an unpublished military appeal. Go to footnote 2 and respond:
3a. What Latin phrase do you think the government counsel meant when he typed “(el bang)” (hint: click on the Kelly opinion and look just below the list of counsel). What does this two-word phrase mean?
3b. What does (sic) mean when you see it embedded in a sentence?
Label responses 1a., 1.b., 1c., 2a., 2b., 2c., 2d., 2e., 3a., 3b.
Write in correct, complete sentences in paragraph format, unless instructed otherwise.
Use Arial or Times Roman, size 12 font.
Nov 21, 2020 11:59 PM