HANOI LAW UNIVERSITY

FACULTY OF CONSTITUTION AND ADMINISTRATIVE LAW

(FOR HLU INTERNAL USE ONLY)

HÀ NỘI - 2023
 Program: Bachelor of Laws (fulltime)
Course title: Legal reasoning and writing skills
Credit points: 2
Type of the course: Optional
Registration condition: IELTS 5.5 or equivalent.
1. INFORMATION OF LECTURERS
- Tô Văn Hoà (Assoc. Prof., PhD.), Tovanhoa@hlu.edu.vn
- Hoàng Xuân Châu (PhD.), Hoang.xuan.chau@hlu.edu.vn
- Lê Nguyễn Duy Hậu
- Mai Thị Mai
- Nguyễn Thu Trang
- Đậu Công Hiệp
- Phạm Minh Trang
Office: Room 502, Building A, Hanoi Law University
No. 87, Nguyễn Chí Thanh Str., Hanoi.
Telephone: 04 38352357
Open hours: 8h00 - 16h00 week-days.
2. PREREQUISITES
- English advanced
3. SUMMARY OF THE COURSE
“Legal reasoning and writing skills” is a legal methodological training
course rather than a substantive law course. The course provides the
students with knowledge on modern methods of legal reasoning and
writing and trains the students to apply those methods in legal practice
situations. The students will get to work with real cases and in the context
which is intimate to lawyers.
The course is composed of five issues, which focus on three main topics:
- Legal argumentation and fallacies;

2
- FIRAC as a modern method of legal reasoning;
- CLEO as a method of legal writing.

4. CONTENT OF THE COURSE

Issue 1. Legal argumentation and fallacies
1.1. Introduction to the legal proffessions
1.2. Legal writing and legal professions
1.3. Structure of legal argumentation
1.4. Common fallacies in marking argument
Issue 2. FIRAC as a modern method of legal reasoning
2.1. The fact and the law issue
2.2. Introduction to FIRAC
2.3. The F - Facts
2.4. The I - Issue
2.5. The R – Rules
2.6. The A – Analysys
2.7. The C - Conclusion
Issue No. 3. FIRAC as a method for briefing of a court’s judgment (case
briefing)
3.1. Introduction to case briefing and its usage in legal practice
3.2. The case brief template
3.3. Structure of a court’s judgment (US example)
3.4. Briefing a case
Issue No. 4. FIRAC as a method for lawyers to resolve cases
4.1. Elements of a factual legal case
4.2. FIRAC and analysys of a case
4.3. Types of facts in a case
4.4. How to identify the legal issue of a case
4.5. Sources of law and finding of the law applicable to a case
4.6. Legal analysys – nature and purpose
4.7. Analysing a case using FIRAC
Issue No. 5. CLEO as a method of legal writing
5.1. Introducion to CLEO as a legal writing method
3
 5.2. The usage of CLEO in legal practice and in law class
5.3. Example of CLEO application
5. LEARNING OBJECTIVES
5.1. As to substantive knowledge:
K1. Eventhough it is not its prime purpose, after this course, the students
will be able to gain in depth knowledge on a certain issues of substantive
law, which are touch upon by the cases used during the course.
5.3. As for professional skills and methods:
After this course, the student is expected to:
S2. Be able to analyse a factual legal case using the modern legal reasoning
method.
S3. Be able to identify applicable law to resolve a case.
S4. Be able to construct persuassive legal argumentation and avoid
common fallacies.
5.3. As for professional attitude:
T5. After this course, the student will be more aware of some ethical rules
of the legal professions, particularly the rule of loyalty to the client, critical
thinking etc.
6. KNOWLEDGE GAINING OBJECTIVES
6.1. Detailized knowledge gaining objectives
Obj.
Level 1 Level 2 Level 3
Iss.
Issue 1. 1A1. Understand the 1B1. Recognize 1C1. Apply the rule
Legal differences between the the different of fallacies in
argumentat legal professions. components of making legal
ion and 1A2. Understand the an argumentation.
fallacies role of argumentation in argumentation.
the practice of legal
professions. 1B2. Recognize
1A3. Understand the how the
different
4
 structure of a valid legal components of
argumentation. legal
1A4. Know how to argumentation
avoid fallacies in making work together.
legal argumentatiaon.
2A1. Understand the
Issue 2. 2B1. Be able to 2C1. Be able to
definition of legal
FIRAC as make critical identify the fact and
reasoning.
a modern comments on law elements in a
2A2. Understand the
method of the unevesiarity practical legal case.
role of legal reasoning
legal of the legal
in making legal
reasoning reasoning
argumentation. method.
2A3. Understand the
contrast between the 2B2. Recognize
fact side and the law how the
side of a legal case. different
2A4. Understand the elements of
composition of FIRAC. FIRAC work
2A5. the universal together.
application of legal 2B3. Recognize
reasoning method. how the
elements of
FIRAC apply in
specific
situations.
Issue No. 3. 3A1. Understand the 3B1. Relize the 3C1. Apply the case
FIRAC as a definition of a court’s differences briefing template to
method for judgment. between analyze cases from
briefing of a 3A2. Understand how different levels different countries.
court’s the court deliver a of court’s 3C2. Comments on
judgment adjudication
judgment. the differences in
(case hiarechy. the content of
briefing) 3A3. Understand the
different national
5
 structure of a modern 3B2. Realize courts’ judgements
court’s judgment. the legal after analysing them
argumentation using the case
3A4. Understand the
case made by the briefing format.
definition of
briefing in the Comon different judges
whose
Law Context.
judgements are
3A5. Understand of the distribute for
structure of the case the students to
briefing template. analyse.
3A6. Understand the
differences between the
factual analysis and
leal analysis in a
court’s judgment.
Issue No. 4A1. Understand the 4B1. Recognize 4C1. Be able to
4. FIRAC definition of the factsthe difference comment on the role
as a and factual context of a
between the 3 of factual analysys
method for legal case. different types in legal profession.
lawyers to
resolve 4A2. Understand the of facts. 4C2. Be able to
cases criteria to categorize 4B2. Recognize analyze the factual
facts of a case. the differences elements of an
4A3. Understand what between the actual legal case.
sources of law
the key facts are. 4C3. Be able to
in the common categorize the facts
4A4. Understand what law and civil
of an actual legal
explaining facts are. law systems. case.
4A5. Understand what
4C4. Be able to
the coincidental facts
identify the nature
are.
of the case (the
4A6. Understand the course of action)
process of analysing
6
 the facts of a case. after analysing the
factual context of a
4A7. Understand the
case.
definition of a legal
aspect of a legal case. 4C6. Be able to
gather reliable facts
4A8. Understand the
for an actual legal
sources of law in civil
case.
law and common law
countries. 4C7. Be able to
identify the issues of
4A9. Understand how
actual legal cases.
to identify the issue of
a case. 4C8. Be able to
identify applicable
4A10. Understand how
law on an actual
to identify applicable
legal case.
law to a case.
4C9. Be able to
make perssuasive
legal analysis in an
actual legal case.
Issue No. 5A1. Understand the 5B1. Recognize 5C1. Be able to
5. CLEO definition of CLEO. the differences apply CLEO to
as a 5A2. Understand the between legal write a legal memo
method of role of legal writing in reasoning and in an actual legal
legal legal writing. case.
legal profession.
writing 5B2. Recognize
5A3. Understand the
the differences
structure of different
between
component of CLEO
FIRAC and
method.
CLEO.
5A4. Understand what
the forms of legal 5B3. Recognize
the interrelation
writing are.
7
 5A5. Understand the between legal
defition of legal memo. reasoning and
legal writing.
5A6. Understand the
usage of legal memo in
different legal
professions.

6.2. Accumulation of objectives

Obj.
Level 1 Level 2 Level 3
Iss. Total

Issue No. 1 4 2 1 7

Issue No. 2 4 3 1 8

Issue No. 3 6 3 2 11

Issue No. 4 10 2 9 21

Issue No. 5 6 3 1 10

Tổng 30 13 14 57

7. THE MATRIX OF DETAILED LEARNING OBJECTIVES

MEETS LEARNING OBJECTIVES OF COURSE
Knowledge Skills and methods Attitude
Object
K1 S2 S3 S4 T5
1A1 
1A2 
1A3 
1A4 
8
1B1   
1B2   
1C1   
2A1   
2A2   
2A3   
2A4   
2B1   
2B2   
2B3   
2C1     
3A1    
3A2    
3A3    
3A4    
3A5    
3A6    
3B1    
3B2     
3B3     
3C1     
3C2     
4A1    
4A2    
4A3    
4A4    
4A5    
4A6    
4A7    
9
 4A8    
4A9    
4A10    
4B1    
4B2     
4C1    
4C2    
4C3    
4C4    
4C5    
4C6    
4C7    
4C8    
4C9    
5A1    
5A2    
5A3    
5A4    
5A5    
5A6    
5B1    
5B2    
5B3    
5C1     

8. READING MATERIALS
A. BOOKS
1. William Putman, Legal analysis and writing, 4th edition, Delma
Cengage Learning, 2013.

10
2. Richard Neumann, Kristen Tiscione, Legal reasoning and legal writing,
7th edition, Aspen Coursebook Series, Wolters Kluwer, 2013.
3. Kenneth Vandevelde, Thinking like a lawyer – an introduction to legal
reasoning, 2nd edition, Westview Press, 2011.
4. Robin Slocum, Legal resoning, writing, and other lawyering skills, 3rd
edition, LexisNexis, 2011.
5. Linda Edwards, Legal writing and analysis, 3rd edition, Aspen
Coursebook Series, Wolters Kluwer, 2011.
6. Stephen Elias, Legal research – how to find and understand the law, 16th
edition, Nolo, 2012.
B. CASES
1. Motschenbacher, US Court of Appeals, 9th
Circuit, (1974).
2. Gideon v. Wainwright, 372 U.S. 335, 1963.
3. Betts v. Brady, 316 U.S. 455, 1942.
4. Loving v. Virginia, 388 U.S. 1, 1967.
5. Brown v. Board of Education of Topeka, 347 U.S.
483, 1954.
6. Nix v. Hedden, 149 U.S. 304, 1893.
7. O’deall v. DeJEAN’s Packing Co., Inc., 1978 OK
CIV APP 40, 1978.
8. Obergefell et al. V. Hodges, Director, Ohio
Department of Health, et al, U.S. 14-556, 2015.
9. Dudgeon v. The United Kingdom, ECHR,
7525/76, 1981.
10. Hatzimanolis v. ANI Corporation Ltd, High Court
of Australia, F.C. 92/019, 1992.
11. Precedent No. 02/2016/AL, Supreme People’s
Court of Vietnam, 2016.

11
 9. FORMS OF CLASES
9.1. Oversal schedule
Forms of teaching and learning
Week Issue
Team Self
Lecture Seminar Learning assessment
work study
1 1 4 3 Participation in seminar
2 2 2 4 2 3 Participation in seminar
Mid-term exam
3 3 2 4 2 3 Participation in seminar
Team assignment
4 4 2 4 4 3 Participation in seminar
5 5 2 4 2 3 Participation in seminar
Total of
12 16 10 15
sessions
Total of
12 8 5 5
credit hours
Notes: - Mid-term exam will be taken during a seminar class.

9.2. Detailed schedule

Week 1: Issue 1
Forms of
Credit
teaching and Main issues to be covered Student’s preparation
hours
learning
- Introduction to the legal
Lecture 4 - Selected pages from
proffessions Slocum (2011), Vandevelde
- Legal writing and legal (2011), Putman (2013),
professions Neumann (2013).
- Structure of legal
argumentation - Video clips: Noll vs.
Neece case; Meaning of
- Common fallacies in
reasoning, legal reasoning
marking argument.
skills; types of fallacies.
- Different components of
legal argumentation.

12
 Identifying common
fallacies in legal
argumentation
- Discussion on the role of
Self study 3 - Making simple legal
lawyers.
argumentation.
- Identification of fallacies
in argumentation.
Tutoring - Content: Answering student’s questions off the class,
introducing new reference materials etc
- Time: 8.30 to 11.00 every Tuesday
- Venue: Room 502, A Building or via email.

Week 2: Issue 2
Forms of
Credit Student’s
teaching and Main issues to be covered
hours preparation
learning
- The fact and the law issue
Lecture 2 - Selected pages
- Introduction to FIRAC from Putman
- The F - Facts (2013).
- The I - Issue
- The R – Rules
- The A – Analysys
- The C - Conclusion
- Working on some cases to identify - Assigned U.S.
Seminar 2
the fact and the law texts in those and Vietnamese
cases. cases.

Team work 2 - Working on some cases to identify - Assigned U.S.

the fact and the law texts in those and Vietnamese
cases cases.

Self study 3 - Working on some cases to identify - Assigned U.S.

the fact and the law texts in those and Vietnamese
cases cases.

Tutoring - Content: Answering student’s questions off the class,

13
 introducing new reference materials etc
- Time: 8.30 to 11.00 every Tuesday
- Venue: Room 502, A Building or via email.

Week 3: Issue 3
Forms of
Credit
teaching and Main issues to be covered Student’s preparation
hours
learning
- Introduction to case briefing
Lecture 2 - Selected pages from
and its usage in legal practice Slocum (2011),
- The case brief template Vandevelde (2011),
- Structure of a court’s judgment Edwards (2011).
(US example)
Briefing cases using the case - Assigned U.S.
Seminar 2
briefing template. cases.

Team work 2 Briefing cases using the case - Assigned U.S.

cases.
briefing template.
- Assigned U.S. cases.
Self study 3 - Briefing cases using the case
briefing template.
Tutoring - Content: Answering student’s questions off the class,
introducing new reference materials etc
- Time: 8.30 to 11.00 every Tuesday
- Venue: Room 502, A Building or via email.

Week 4: Issue 4
Forms of Credit Main issues to be covered Student’s
teaching and hours preparation

14
 learning
- Elements of a factual legal case
Lecture 2 - Slected pages
- FIRAC and analysys of a case from Slocum
- Types of facts in a case (2011), Stephen
- How to identify the legal issue Elias (2012),
of a case Vandevelde (2011),
- Sources of law and finding of Putman (2013),
the law applicable to a case Neumann (2013).
- Legal analysys – nature and
purpose
- Analysing actual cases using Actual cases
Seminar 2
FIRAC asigned in the
class.
- Analysing actual cases using Actual cases
Team work 4
FIRAC asigned in the
class.
- Analysing actual cases using Actual cases
Self study 3
FIRAC asigned in the
class.
Tutoring - Content: Answering student’s questions off the class,
introducing new reference materials etc
- Time: 8.30 to 11.00 every Tuesday
- Venue: Room 502, A Building or via email.

Week 5: Issue 5
Forms of
Credit Student’s
teaching and Main issues to be covered
hours preparation
learning
Lecture 2 - Introducion to CLEO as a legal - Selected pages
writing method from Slocum (2011),
- The usage of CLEO in legal Putman (2013),
Neumann (2013),
practice and in law class
Edwards (2011).
- Example of CLEO application

15
 Seminar 2 - Using CLEO to write legal Actual cases
memo from the analysis of cases asigned in the class.
handed out in previous classes.
Team work 2 - Using CLEO to write legal Actual cases
memo from the analysis of cases asigned in the class.
handed out in previous classes.
Self study 3 - Using CLEO to write legal Actual cases
memo from the analysis of cases asigned in the class.
handed out in previous classes.

Tutoring - Content: Answering student’s questions off the class,

introducing new reference materials etc
- Time: 8.30 to 11.00 every Tuesday
- Venue: Room 502, A Building or via email.

10. COURSE POLICY

- In accordance with the applicable regulations of the Hanoi Law
University.
11. LEARNING ASSESSMENT
11.1. Regular assessment
- Lecture attendance;
- Participation in seminars and team assignment.
11.2. Periodical assessment

Forms Ratio
Assessing knowledge and attitudes to participate in seminar 10%
Individual exam/paper 30%
Final exam 60%
11.3. Assessment criteria
 Participation:
- Those students who attend all the classes will receive 7 points. Missing
16
 one class will take away 1 point from the student.
- During each seminar those who participate actively in the discusssion
will be given 1 point as a bonus; those who do not participate or fail to
answer a question given to them will be taken away 1 point.
- The maximum grade for participation is 10.

 Individual exam/paper:
- The students will be given a real foreign court’s judgment. Each of them
shall write a sumary of the facts presented in the case. The sumary shall
not span more than 300 words. The time length of the mid-term exam is
1 hour.
- Criteria to assess the exam/paper:
+ Identifying the material facts concerning a case;
+ Clearness in the language used.
 Final exam
- The final exam is also taken in the from of a writen exam, which the
student have to complete in 2 hours.
- Criteria to assess the final exam:
+ Showing good understanding of the knowlege learned during the
course;
+ Understandable argumentation;
+ Clearness in the language used.

17
 TABLE OF CONTENTS
Trang

1. INFORMATION OF LECTURERS.........................................3

2. SUMMARY OF THE COURSE...............................................3

3. CONTENT OF THE COURSE................................................4

4. LEARNING OBJECTIVES.....................................................5

5. DETAILIZED KNOWLEDGE GAINING OBJECTIVES..........5

6. ACCUMULATION OF OBJECTIVES..................................14

7. COURSE MATERIALS.........................................................14

8. FORMS OF CLASES.............................................................16

9. COURSE POLICY................................................................27

10. ASSESSMENT OF STUDENT LEARNING........................27

18