SCHOOL OF LAW AND GOVERNANCE

COURSE SYLLABUS
JD101 – LEGAL RESEARCH AND THESIS WRITING
EH 204 - Monday 5:30 – 7:30
EH 201/409 (combined class) – Saturday 3:30 – 5:30
(First Semester, A.Y. 2020-2021)

Yvonne Cabaron Artiaga

Consultation Hours: Saturday 12:30 – 1:30 (when onsite class is allowed)
Faculty Room
USC School of Law and Governance
Contact: Email - ycartiaga@usc.edu.ph
Mobile - 09173226849
(available for online consultation via the above contact info)

“Google can bring you back 100,000 answers. A librarian can bring you back
the right one.”

Neil Gaiman

USC VISION

The University of San Carlos sees:

 a WORLD where the darkness of sin and the night of unbelief vanish before the
light of the Word and the Spirit of grace
 a SOCIETY where citizens are competent, noble in character, and community-
oriented
o what they know, they apply justly and honestly;
o what they do not know, they seek to learn;
o what they do not have, they endeavor to acquire;

1
 o what they have, they share.

USC MISSION

The University of San Carlos is a Catholic institution of learning that embodies the
principles of academic discipline of San Carlos Borromeo and the missionary charism
of the Society of the Divine Word (SVD).

It aims to develop competent and socially responsible professionals and lifelong

learners in an environment that fosters excellence in the academic core processes of
teaching-learning, research, and community extension service.

Its mission is to provide timely, relevant, and transformative academic programs

responsive to the needs of the local, national, and global communities in a rapidly
changing world.

Program Level Learning Outcomes (PLLO):1

Upon completing the law program, Carolinian law graduates will demonstrate the
following:

PLLO 1: KNOWLEDGE
PLLO 2: ETHICS, PROFESSIONAL RESPONSIBILITY, WITNESS
TO THE WORD
PLLO 3: THINKING SKILLS which include the skills to identify and articulate
legal issues; apply legal reasoning and research to generate appropriate responses
to legal issues; engage in critical analysis and make a reasoned choice amongst
alternatives; and think creatively in approaching legal issues and generating
appropriate responses.
PLLO 4: RESEARCH SKILLS
PLLO 5: COMMUNICATION AND COLLABORATION
PLLO 6: SELF-MANAGEMENT
At the end of the law program, the Carolinian law graduate is expected to be
Witness to the Word and to embody the following Graduate Attributes:
Scientia: A COMPETENT PROFESSIONAL
Critical thinker
Lifelong learner
Skilled researcher
Sound decision- maker
Innovative problem-solver
Effective and articulate communicator

Virtus: A VIRTUOUS EXEMPLAR

Incorruptible servant leader
Ethical and values-driven practitioner

Devotio: A DEDICATED ADVOCATE

Committed peacemaker
Culture- sensitive patriot
Socially- engaged citizen

1
Based in part on ALTC’s Learning and Teaching Academic Standards Program, December 2010.

2
 Passionate worker for the marginalized

Course Description

The course aims to adequately familiarize first year JD students with basic legal
research and writing methods. It also aims to enhance the students’ research skills
and ability to analyze, articulate, and apply the law effectively. The course likewise seeks
to develop the writing skills of students needed for their academic life as students of
law and in preparation for their JD thesis and for their law-related employment.

Course Learning Objectives (See specific learning objectives under each module posted in
Schoology)

At the end of the course, the students will be able to:

1. demonstrate proficiency and efficiency in conducting legal research through
the use of proper and effective research tools and techniques

2. show ability to identify, evaluate, and synthesize legal issues

3. exhibit intellectual and practical skills in applying legal reasoning to generate

appropriate responses to legal problems

4. convey their analysis of the laws and legal issues in writing in ways that are
effective, appropriate, and persuasive, through memoranda, legal opinions,
legal briefs, and more particularly through legal academic essays or expository
or critical papers according to established legal academic standards, including
proper citations as preparatory for their JD thesis

5. demonstrate understanding and internalization of the importance of

intellectual honesty and professional ethics

Course Outline (See detailed lesson content and flow under specific modules posted in Schoology)

I. Introduction to the Course

A. Discussion of Syllabus and the JD Thesis

B. Discussion of Class Policies and Grading

C. Plagiarism and Academic Dishonesty

II. Overview of the Philippine Legal System

A. Civil Law System v. Common Law System

3
 B. The Hybrid Nature of the Philippine Legal System
1. Muslim Personal Laws
2. Indigenous and Customary Laws

C. Presidential System and Separation of Powers

D. Judicial Review and Constitutional Supremacy

E. Hierarchy of Courts

III. Legal Principles and Authorities of Laws

A. Sources of Law

1.) According to Character – statute laws vs. case laws

2.) According to Type of Authority – primary vs. secondary authority;
finding tools
3.) According to Role of Authority – mandatory vs. persuasive authority;
non-authority

B. Repositories of Sources of Law

C. Hierarchy of Authorities

D. Supreme Court Decisions

1.) Ratio Decidendi and Obiter Dictum

2.) Rulings Pro Hac Vice
3.) Essential parts of a good decision
4.) The Certification
5.) The Syllabus
6.) The Memorandum Decision
7.) Minute Resolution
8.) Per Curiam Opinion
9.) Majority Opinion
10.) Minority Opinion
11.) Plurality Opinion
12.) Dissenting Opinion and its Function and Value

E. Case Law and Precedent

1.) Jurisprudence Constante

2.) Stare Decisis
3.) Res Judicata

F. Case Briefing and Synthesis

IV. The Legal Research Process and Legal Analysis

4
 A. Legal Research defined

B. Approaches to Legal Research

C. Recommended Steps in Conducting Legal Research

D. Computer-Aided Legal Research

E. Legal Analysis and the IRACC Approach to Legal Analysis

1.) Identify Issues from the FACTS of a legal problem

2.) Determine the Rules or Laws that Apply
3.) Analysis and Application of the rules or laws
4.) Consider the possible Counterarguments to the Analysis of the Issue
5.) Conclude with a summary of the results of the legal analysis

V. Ethics in Research

VI. Attribution and Citation of Sources

A. notes-bibliography style
B. parenthetical citations-reference list style
C. Chicago Style of Legal Citation (or Harvard Bluebook Citation Style)
D. Using Chicago Legal Citation (or Harvard Bluebook Citation Style) in the
Philippine Setting

VII. Introduction to Academic and Thesis Writing

A. Elements of Good Legal Scholarship

1.) CLAIM, which is:

2.) NOVEL
3.) NON-OBVIOUS
4.) USEFUL
5.) SOUND

Course Methodology (See specific learning activities under modules posted in Schoology)

Aside from the specific learning activities under each module posted in
Schoology, the following teaching methodologies will be adopted in order to achieve
the learning objectives above stated and enhance learning and applied knowledge of
students:
Lectures and Class Discussions – Lectures and class discussions will be
conducted on topics assigned to students.
Reading Assignments – Students will be asked to read in advance the topics
found in the syllabus.

5
 Legal Research – Students will be asked to do library research and computer-
aided research that may entail application of knowledge on research techniques through
use of resources available in the law library and the internet.
Essay Writing – Students will be assigned to write academic essays that will test
their learning on research and writing techniques.
Quizzes and Examinations – Quizzes will be given from time to time in order
to test the students’ understanding of the readings assigned to them as well their
learning from the class lectures and discussions.

Course Requirements

For onsite classes, regular attendance is required. Students are expected to come
to class prepared and participate actively in the lectures and discussions. They must
also pass the written examinations. Major papers and other written assignments must
be submitted on time. No extension will be allowed except for good cause shown.
For online classes, students are expected to be adequately equipped with
computer/laptop device and reliable internet connection. Online classes are delivered
in synchronous and asynchronous modes. Students are required to attend online
sessions, whether synchronous or asynchronous, regularly. They must observe online
class etiquettes at all times. Online assessments tasks must be submitted on time.

Academic Dishonesty

Plagiarism, cheatings, and any other dishonest activities, including any act by
students that misrepresents their own works or compromises the academic work of
another by the submission or presentation of papers not their own, are considered
academic dishonesty. Academic dishonesty will not be tolerated and will be strictly dealt
with. In accordance with university policy, academic dishonesty may result to students
getting failing grades or their expulsion from the university.

Course Evaluation and Grading

Evaluative measures in this course are the following:
1. Class Participation & Quizzes - 25%
2. Research and Writing assignments - 25%
3. Midterm Paper - 25%
4. Final Paper - 25%

Course Materials (See reading lists under each module posted in Schoology)
There are no required textbooks. The USC Law Library has several volumes on
legal research and legal writing in its collection for our reference. They are the
recommended readings for this course. Aside from the reading list posted under each
module posted in Schoology, the following are the recommended readings for this
course:

6
 1. Foundations of Legal Research and Writing by Carol M. Bast and Margie Hawkins
2. Legal Research, Analysis, and Writing by William H. Putman
3. Legal Research by Rufus B. Rodriguez
4. Philippine Legal Research by Milagros Santos-Ong
5. The Maroonbook: The University of Chicago Manual of Legal Citation (or Harvard
Bluebook Citation Style)
6. A Manual for Writers of Research Papers, Theses, and Dissertations : Chicago Style for
Students and Researchers by Kate L. Turabian
7. The Elements of Style by William Strunk, Jr. and E.B. White

N.B.: The professor reserves the option of amending the topics and reading list in the syllabus as
exigencies warrant.