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The information contained on this page is designed to give students a representative example of material covered in the course. Any information related to course assignments, dates, or course materials is illustrative only. For a definitive list of materials, please check the online catalog 3-4 weeks before the course start date.

CAS 321 Rhetoric and Law (3): A survey of the literature on the role of rhetoric in law, including trial advocacy, appellate argument, and judicial reasoning.



Overview

In this course you will learn what "rhetoric" is, what "law" is, and what "the rhetoric of law" is. Students will learn how rhetoric constitutes community. Rhetoric and Law explains how knowledge of rhetorical principles enhances the understanding of legal documents, reasoning, and performance. We will examine the role rhetoric plays in jury deliberation, trial advocacy, appellate arguments, and judicial reasoning. Our study of the rhetoric of law will include practical, applied uses of law (such as the trial) and broader, more theoretical critiques of judicial decision-making and reasoning. The goal of this course is to give you a grammar of rhetoric and law, help you understand legal processes, and develop your ability to critique judicial theory and legal decisions.


Course Objectives

The goals of this introduction to the rhetoric of law are:

  • to develop a grammar of the rhetoric of law;
  • to better understand the legal system and its processes;
  • to develop analytic skills necessary to critique theories of law and legal decisions; and
  • to understand how law constitutes society.

Required Course Materials

Most World Campus courses require that students purchase materials (e.g., textbooks, specific software, etc.). To learn about how to order materials, please see the Course Materials page. You should check LionPATH approximately 3–4 weeks before the course begins for a list of required materials.


Library Resources

Many of the University Libraries resources can be utilized from a distance. Through the Libraries website, you can

  • access magazine, journal, and newspaper articles online using library databases;
  • borrow materials and have them delivered to your doorstep—or even your desktop;
  • get research help via email, chat, or phone using the Ask a Librarian service; and
  • much more. 

You must have an active Penn State Access Account to take full advantage of the Libraries' resources and service.  The Off-Campus Users page has additional information about these free services.


Writing Tutoring Available for Students in CAS 321

Penn State World Campus and the University Learning Centers, the Undergraduate Writing Center, and the Center for Excellence in Writing at Penn State University Park are pleased to announce that students in CAS 321 can now access tutoring services online. Get tutoring support before those final papers are due!

To meet with a tutor online, complete the form available at: http://student.worldcampus.psu.edu/academic-support-resources/tutoring/writing-tutoring

Once you have sent in your request, a tutor will be in touch to arrange a time for you to meet online. Tutoring sessions will take place in Blackboard Collaborate, a synchronous audio environment that will allow you to talk to your tutor. When you request your tutoring session you will be provided with information on how to access Blackboard Collaborate.


Software

Microsoft Word 2003 or higher is required. Students using Office 2007 or Office 2008 MUST "Save As" .doc instead of the .docx.

One of the benefits of being a registered Penn State student is that you are eligible to receive educational discounts on many software titles. If you are interested in learning more about purchasing software through our affiliate vendor, please visit the Buying Software section of the Course Materials page.


Technical Requirements

For this course we recommend the minimum World Campus technical requirements listed below:

Technical Requirements
Operating System Windows Vista, Windows 7, Windows 8*; Mac OS X 10.5 or higher
*Windows 8 support excludes the tablet only RT version
Processor 2 GHz or higher
Memory 1 GB of RAM
Hard Drive Space 20 GB free disk space
Browser We recommend the latest ANGEL-supported version of Firefox or Internet Explorer. To determine if your browser fits this criterion, and for advice on downloading a supported version, please refer to the following ITS knowledge base article: Supported Browsers and Recommended Computers.
Note: Cookies, Java, and JavaScript must be enabled. Pop-up blockers should be configured to permit new windows
from Penn State websites.

Due to nonstandard handling of CSS, JavaScript and caching,
older versions of Internet Explorer (such as IE 6 or earlier) do not work with our courses.
Plug-ins Adobe Reader [Download from Adobe]
Flash Player (v7.0 or later) [Download from Adobe]
Additional Software Microsoft Office (2007 or later)
Internet Connection Broadband (cable or DSL) connection required
Printer Access to graphics-capable printer
DVD-ROM Required
Sound Card, Microphone, and Speakers Required
Monitor Capable of at least 1024 x 768 resolution

If you need technical assistance at any point during the course, please contact the Service Desk.

For registration, advising, disability services, help with materials, exams, general problem solving, visit World Campus Student Services!


Course Schedule

Note: All due dates reflect North American eastern time (ET).

Course Schedule
Lesson Activity
Course Schedule

Getting Started and Lesson 1: "In the Beginning..."

Lesson 2: Overview of Rhetoric

  • Read: “Rhetoric and Law: An Overview” by Malthon Anapol

  • Complete and Submit Lesson 2 Assignment
Lesson 3: Profile of American Judicial Systems and Trial Process
Lesson 4: Overview of Law and “The Rhetoric of Law:” Law Constituting Community
  • Read: "American Legal Argumentation: The Law and Literature/Rhetoric Movement" by Eileen Scallen
  • Read: “Law as Rhetoric, Rhetoric as Law” by James B. White
  • Read (recommended): " Rhetoric and its Denial in Legal Discourse" by Gerald B. Wetlaufer

  • Complete and Submit Lesson 4 Assignment
Lesson 5: Argumentation and Persuasion
  • Read: "The Traditional Canons of Rhetoric" by Kristen K. Robbins-Tiscione
  • Read: "Law as Rhetoric, Rhetoric as Character" by K. Saunders
  • Read: "Argment as character" by J. Frug

  • Complete and Submit Lesson 5 Assignment
Lesson 6: Trials: Case Strategy, Juries, Audience Analysis, Persuasion, and Ethics
  • Read: Thomas A. Mauet, Trials: Strategy, Skills, & New Powers of Persuasion (pages TBA)
  • Read “Strategic Jury Selection” by Sobus & Davis

  • Complete and Submit Lesson 6 Assignment

Lesson 7: Trials: Opening Statements and Closing Arguments

  • Read: " The opening statement" by Rieke and Stutman
  • Read: "Opening Statements: Lasting impressions" by L.S. Lilley

  • Complete and Submit Lesson 7 Assignment

Lesson 8: Trials: Rules of Evidence & Objections, Effective Use of Language, Direct Examination & Cross-Examination

  • Read: "Rhetorical transformation of evidence in criminal trials: Creating grounds for legal judgment" by W.L. Bennett
  • Read: Brief Rhetoric- "A note on classical and modern theories of forensic discourse" by M. Frost
  • Read: “Direct Examination” by D.C. Gibson
  • Read: “Cross Examination” by D.C. Gibson

  • Complete and Submit Lesson 8 Assignment
Lesson 9: Appeals: The Appellate Process and Oral Argument
  • Review: Article III, The United States Constitution
  • Review: The Federalist Papers, Number 78 and 81
  • Read: "Supreme Court Rhetoric" by Prentice
  • Read: "The Functions of Oral Argument in the U.S. Supreme Court" by Wasby, et. al
  • Complete and Submit Lesson 9 Assignment
Lesson 10: Invention, Interpretation, and Topoi
  • Read: " Speech presented to the American Bar Association" by E. Meese
  • Read: " Speech presented to the Text and Teaching Symposium" by W. Brennan
  • Read: " A topology of constitutional argument" by P. Bobbitt
  • Read: "Greco-Roman legal analysis: The topics of invention" by M. Frost
  • Complete and Submit Lesson 10 Assignment
Lesson 11: Judicial Opinions: An Overview
  • Read: O’Brien, Storm center, "Deciding cases and writing opinions" pp. 255-287
  • Read: " Introduction & The functions of the judicial opinion" by H. Bosmajian
  • Read: "Judical Rhetoric and Women's Place" by Katie Gibson
  • Complete and Submit Lesson 11 Assignment
Lesson 12: Judicial Opinions: Majority, Concurring, and Dissenting
  • Read: "The judicial opinion as literacy genre" by R. Ferguson
  • Read: "Judical opinion writing: The rhetoric of results and the results of rhetoric" by P. Wald
  • Complete and Submit Lesson 12 Assignment
Lesson 13: Rhetorical Criticism of Legal Texts
  • Read: "Of innocence, exclusion and the burning of flags" by W. Lewis
  • Complete and Submit Lesson 13 Assignment
Lesson 14: Final Assignment
  • Complete and Submit your Final Assignment.

 

Formal instruction will end on the last day of class. Provided that you have an active Penn State Access Account user ID and password, you will continue to be able to access the course materials for one year, starting from the end date of the academic semester in which the course was offered (with the exception of library reserves and other external resources that may have a shorter archival period). After one year, you might be able to access the course based on the policies of the program or department offering the course material, up to a maximum of three years from the end date of the academic semester in which the course was offered. For more information, please review the University Course Archival Policy.

 

Note: If you are planning to graduate this semester, please communicate your intent to graduate to your instructor. This will alert your instructor to the need to submit your final grade in time to meet the published graduation deadlines. For more information about graduation policies and deadlines, please go to the Graduation Information on the My Penn State Online Student Portal.


Course Structure

Weekly Writing Assignments: In writing your assignments, I expect there to be some reflection you have read the assigned readings and applied some thought gleaned from them to your writings.

Discussion Forums and Class Participation: In an online course, it is difficult to have the same level of interaction one might have in a classroom. In a subject like this, we have a lot to learn from each other. For that reason, most weeks there will be a Discussion question posted, which you can access by clicking on the 'Communicate' link in the left-hand menu. Students are expected to log on to it periodically during the week, give some thought to the topic and comments made by others, and add to the discussion. Note that there is a "+" sign in the upper left corner of the response box. If you click on that, you can see the responses students may have made to others. There will be no Discussions posted during the last 3 weeks of class so as to not divert your attention from preparation of your final paper.

There are no "wrong" answers or comments. You will not be graded on what you say. At the end of the semester, however, you will be awarded class participation points based on the amount and quality of your contributions to the class. A rubric for participation will be posted toward the end of the 'Activities'.


Grading

Your course grade will be determined as follows:

Assignment
Points
Assignment Points
Lesson Assignments 1-2, 4-13(100 points each) 1200
Lesson 3 Quiz 100
Final Assignment
200
Participation in Discussions 100
Total
1600

Your letter grade will be determined using the following scale:

Grade
Points
Grade Points
A
1520-1600
A-
1440-1519
B+
1406-1439
B
1333-1405
B-
1280-1332
C+
1200-1279
C
1120-1199
D
960-1119
F
959 or below

The World Campus follows the same grading system as the Penn State resident program. The system is as follows. The grades of A, B, C, D, and F indicate the following qualities of academic performance:

Letter Grade Achievement Levels
A (Excellent) Indicates exceptional achievement
B (Good) Indicates extensive achievement
C (Satisfactory) Indicates acceptable achievement
D (Poor) Indicates only minimal achievement
F (Failure) Indicates inadequate achievement necessitating a repetition of the course in order to secure credit

Grades are assigned the following grade-point equivalents:

Grade
Grade-Point Equivalent
Grading Scale
A
4.00
A-
3.67
B+
3.33
B
3.00
B-
2.67
C+
2.33
C
2.00
D
1.00
F
0

 

Please refer to the University Grading Policy for Undergraduate Courses for additional information about University grading policies.


Academic Integrity

Academic integrity — scholarship free of fraud and deception — is an important educational objective of Penn State. Academic dishonesty can lead to a failing grade or referral to the Office of Student Conduct.

Academic dishonesty includes, but is not limited to:

  • cheating
  • plagiarism
  • fabrication of information or citations
  • facilitating acts of academic dishonesty by others
  • unauthorized prior possession of examinations
  • submitting the work of another person or work previously used without informing the instructor and securing written approval
  • tampering with the academic work of other students

How Academic Integrity Violations Are Handled

In cases where academic integrity is questioned, procedure requires an instructor to notify a student of suspected dishonesty before filing a charge and recommended sanction with the college. Procedures allow a student to accept or contest a charge. If a student chooses to contest a charge, the case will then be managed by the respective college or campus Academic Integrity Committee. If a disciplinary sanction also is recommended, the case will be referred to the Office of Student Conduct.

All Penn State colleges abide by this Penn State policy, but review procedures may vary by college when academic dishonesty is suspected. Information about Penn State's academic integrity policy and college review procedures is included in the information that students receive upon enrolling in a course. To obtain that information in advance of enrolling in a course, please contact us.

Additionally, World Campus students are expected to act with civility and personal integrity; respect other students' dignity, rights, and property; and help create and maintain an environment in which all can succeed through the fruits of their own efforts. An environment of academic integrity is requisite to respect for oneself and others, and a civil community.

For More Information on Academic Integrity at Penn State

Please see the Academic Integrity Chart  for specific college contact information or visit one of the following URLs:


Accommodating Disabilities


Additional Policies

Veterans and currently serving military personnel and/or dependents with unique circumstances (e.g., upcoming deployments, drill/duty requirements, VA appointments, etc.) are welcome and encouraged to communicate these, in advance if possible, to the instructor in the case that special arrangements need to be made.

For information about additional policies regarding Penn State Access Accounts; credit by examination; course tuition, fees, and refund schedules; and drops and withdrawals, please see the World Campus Student Center website.


Disclaimer: Please note that the specifics of this Course Syllabus are subject to change, and you will be responsible for abiding by any such changes. Your instructor will notify you of any changes.

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