Legal writing graded project part 1, Legal writing graded project part 2.

0080683.pdf

Home >Law homework help >Criminal homework help >Legal writing graded project part 1, Legal writing graded project part 2.

Graded Project

Legal Writing Project 2 By

Mike Wilson, Esq.

Reviewed by

Robin Bull

About the Author

Mike Wilson is a freelance writer and college instructor who has had wide legal and educational experience. He received a BA in English and a JD from the University of Kentucky. He has been a partner in a law firm, a solo practitioner, and has done work in general and family mediation. He has also been a full-time instructor in Paralegal Studies at Sullivan College in Kentucky. Mr. Wilson has had a number of papers published on law-related topics in both scholarly and popular journals.

About the Reviewer

Robin Bull graduated Summa Cum Laude from Kaplan University with a BS in Paralegal Studies. She has taught legal research and writing, computer- aided legal research, logic, and other legal classes. Ms. Bull writes for Penn Foster and various law firms and legal outlets.

All terms mentioned in this text that are known to be trademarks or service marks have been appropriately capitalized. Use of a term in this text should not be regarded as affecting the validity of any trademark or service mark.

All rights reserved. No part of the material protected by this copyright may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, record- ing, or by any information storage and retrieval system, without permission in writing from the copyright owner.

Requests for permission to make copies of any part of the work should be mailed to Copyright Permissions, Penn Foster, 925 Oak Street, Scranton, Pennsylvania 18515.

Printed in the United States of America

CONTENTS INTRODUCTION 2

THE CASE 2

ASSIGNMENT INSTRUCTIONS 3

FORMAT REQUIREMENTS 5

TIPS 8

SUBMITTING YOUR PROJECT 9

INTRODUCTION For this graded project, you’ll receive a parental custody case, a list of relevant facts, and the testimonies of two expert witnesses. You’ll need to research the law in your own jurisdiction regarding factors used to determine custody. Then, you’ll write two memo- randums, one for each of the opposing sides, applying the law you found to the facts of the case.

THE CASE You should know the following information about the case.

The Participants Sally Bright asked her husband, John, to move out temporarily because of marital diffi- culties. After a brief separation, Sally filed for divorce and received temporary custody of their 14-year-old daughter, Chastity. John’s response to Sally’s divorce petition requested custody, and the court ordered that the child have visitation with John every weekend.

Nine months later, the court conducted a final hearing in the divorce matter. Both parties still want custody of Chastity.

The Facts Among the facts that came out during the hearing, and are undisputed, are the following:

QQ Sally soon will move to another part of the country to take a job.

QQ A psychologist who counseled Chastity about her emotional problems testified that Chastity would prefer to stay with her dad so she doesn’t have to go to a new school and make new friends.

QQ John has realized that he is gay and has met a male companion who doesn’t live with John presently but someday might.

QQ Chastity testified that she feels “weird” around John’s new companion.

QQ John makes $125,000 per year, and Sally’s new job in another part of the country will pay $35,000.

QQ John has, on several occasions, physically abused Sally, but he never did so in front of Chastity and has never abused Chastity.

QQ Both parents have been actively, and almost equally, involved in the day-to-day care of Chastity throughout her life.

The Testimonies There have been two separate testimonies given.

Testimony of Dr. Samuel Stoller. I counseled Chastity at the request of her father, John, who said she was having problems at school since her mother filed for divorce. Chastity clearly wants to stay in the area so she can be with her friends as she moves into high school. Given the stress of the divorce, I think it’s in Chastity’s best interest that she remains in the safe, secure environment she is familiar with. Since her mother is moving away, Chastity should stay with her father. The fact that John is gay has no bearing, since studies show that a parent’s sexual orientation doesn’t usually affect his or her ability to be a good parent.

Testimony of Dr. Frank Edwards. I was appointed by the court to interview the parties and the child and make a recommendation regarding custody. I found that both parents were suitable custodians, but I think the better custodian would be the mother. Chastity says she feels uncomfortable around her father’s new companion. I’m not biased against gays, but I think Chastity could be teased at school.

Another factor is John’s drinking. He denied having a drinking problem, but Sally says he drinks to excess on occasion. This could be dangerous, especially if he were transporting the child while intoxicated.

The Judge After the hearing finished, the judge said she was prepared to decide all of the issues except custody. She directed both attorneys to submit a memorandum on the custody issue. The parties are to submit memorandums simultaneously. The judge will review the memorandums and then decide custody.

ASSIGNMENT INSTRUCTIONS Your first task is to take the role of a legal researcher for the attorney arguing that the mother should have custody. Write the first memorandum from this perspective. Your second task is to take the role of a legal researcher for the attorney arguing that the father should have custody. Write the second memorandum from this perspective. In your research for each memorandum, you should check both statutes and cases, keeping in mind the facts of the case.

Wait until after you’ve completed the CALR, Part 1 and Part 2, study units to begin your research for the Legal Writing 2 Project (00803500). You’ll need the skills you’ve learned in the CALR study units to conduct your research.

You MAY use Lexis Advance® to perform your research for this project; however, you MUST use at least one source other than a source obtained through Lexis Advance®.

Grading Criteria for This Project Content 80%

Written Communication 15%

Format 5%

Grading Criteria Exemplary Proficient Fair Poor Not Evident

Content The student:

Selects correct facts and emphasizes those facts that support his or her position.

Selects correct issues (at least three).

Selects appro- priate authority that will answer the issues.

Selected at least one non-Lexis source.

Applies the law to the facts.

Uses proper citation form.

Memoran- dum is well- organized, easy to read, and persua- sive.

Addresses the stronger arguments the opposing party likely will raise.

The student:

Selects cor- rect facts and emphasizes those facts that support his or her position.

Selects at 2 correct issues.

Selects some appropriate authority that will answer the issues.

Selected at least one non-Lexis source.

Applies the law to the facts effec- tively for the most part.

Uses proper citation form.

Memorandum is organized.

Addresses arguments the opposing party likely will raise.

The student:

Selects facts and emphasizes those facts that support his or her position.

Selects 1 correct issue.

Shows attempt to use author- ity that has relevance to the issues but but not effectively.

Selected at least one non-Lexis source.

Makes an effort to ap- ply the law to the facts but does not do it effectively.

Uses citation form.

Memo- randum is not well- organized.

Doesn’t address arguments the opposing party likely will raise.

The student:

Doesn’t select the correct arguments or does not connect the arguments to the facts of the case.

Lexis sources not used.

Memoran- dum is not organized.

Doesn’t address arguments the opposing party likely will raise.

There’s no evidence of facts, issues, authority, or non-Lexis sources.

(Continued)

FORMAT REQUIREMENTS Each memorandum should conform to the following format.

IN RE THE MARRIAGE OF SALLY BRIGHT PETITIONER

V. MEMORANDUM

JOHN BRIGHT RESPONDENT

Comes ___________________, by counsel, and for __________ Memorandum states as

follows:

______ ______ COURT

Civil Action No. ____________

(petitioner/respondent) (her/his)

(insert number)

(name of court)

FIGURE 1—Fill in the blanks for your memorandum heading.

Grading Criteria Exemplary Proficient Fair Poor Not Evident

Written Communication

The student uses correct terminology, grammar, spelling, punctuation, and sentence structure and corrects any typographical errors.

The student has 1 or 2 errors in terminology, grammar, spelling, punctuation, and sentence structure.

The student has 3 or 4 errors in terminology, grammar, spelling, punctuation, and sentence structure.

The student has 5 or 6 errors in terminology, grammar, spelling, punctuation, and sentence structure.

There’s no evidence of correct termi- nology, gram- mar, spelling, punctuation, and sentence structure.

Format The letterhead and letter are formatted as shown in the sample. Included are the student’s name and stu- dent number, course title, and project number (00806800).

The student makes 1 or 2 mistakes in formatting.

The student makes 3 mistakes in formatting.

The stu- dent makes 4 or more mistakes in formatting.

No formatting is evident.

Caption Use a heading, like the one in Figure 1, at the top of the first page of each memorandum but change the court to the one where this matter would be heard in the jurisdiction where you live.

Facts The word “facts” will be the all capital-letter, boldfaced heading for Roman numeral I.

State the facts of the case, remembering to select the ones relevant to the issue to be decided. Emphasize the facts favorable to your argument and de-emphasize unfavorable facts. You can express emphasis by the order in which you present the facts, by how much time you spend discussing each fact, and by how you describe, or characterize, the facts. Remember that in this section you’re not yet presenting your full argument. Rather, you’re simply stating the facts. Your application of relevant cases and statutes to these facts should appear in the next section of the memorandum.

Issue State the issue as a question to be answered or a contention you’ll prove. This statement of the issue will be the all capital-letters, boldfaced heading for Roman numeral II.

Begin your analysis by explaining the relevant law. You may organize the issue into sub-issues, labeled successively as “A., B., C.,” (boldfaced) and with the title of the sub-issue following, also in all capital letters, boldfaced and so on, if you think it will help the reader better understand your argument. For example, a sub-issue heading might be

A. PETITIONER’S CHILD ISN’T AN ADULT.

Remember to cite cases in proper form, giving the case name, volume number, reporter, page, and year of the case. For example, a case citation might read

Smith v. Harris, 651 SW 2d 299 (1966).

If you quote from the case, use quotation marks and indicate the page at which the reader can find the quoted material. After citing and explaining a point of law relevant to deciding custody, apply it to the facts in the present case. State the conclusion the reader should draw from application of the law cited to the facts in this case, even if the conclusion seems obvious to you.

You also should address the factors that aren’t favorable to your side of the case, explaining why they’re less important or interpreting them in a way that makes them less harmful.

You must submit printouts of the cases, statutes, rules, etc., that you cite.

Conclusion The word “conclusion” will be the boldfaced heading in all capital letters for Roman numeral III.

In a sentence or two, sum up the main reasons why the judge should rule in your favor. Figure 2 gives you an abbreviated example of the format for a legal memorandum. The memorandums you’ll submit for this project should be much more thorough and complete, addressing all the important facts.

LAFAYETTE CIRCUIT COURT Civil Action No. 113

IN RE THE MARRIAGE OF

GEORGE BRETLAND PETITIONER

V. MEMORANDUM

JANE BRETLAND RESPONDENT

Comes Petitioner, by counsel, and for his Memorandum states as follows:

I. FACTS

On January 1, 1999, George Bretland filed for divorce from his wife of five years, Jane Bretland.

In dispute is the ownership of the house, valued at $500,000. The mortgage on the house has been financed through the Albright State Bank.

. . . .

II. DOES PREVIOUS FAMILY OWNERSHIP LEGALLY OUTWEIGH HARDSHIP FACED BY THE OTHER PARTY?

The overriding factor in determining such cases is the hardship faced by the non- working spouse. P.R.S. § 602.565 identifies factors that should be considered when determining the ownership of property after a divorce.

A. THE FACT THAT A SPOUSE CAN’T WORK DUE TO ILLNESS AND FACES SIGNIFICANT HARDSHIP DUE TO A DIVORCE SUGGESTS THAT OWNERSHIP SHOULD BE AWARDED TO SAID SPOUSE.

P.R.S. § 602.565 (2) (f) says that a court deciding ownership must consider “(information, records, and evidence of inability to work due to serious illness.”

. . . .

III. CONCLUSION

Awarding ownership to the husband could endanger the wife’s financial and physical health.

FIGURE 2—An Abbreviated Legal Memorandum

TIPS Style

QQ Avoid long words and legal jargon.

QQ Cut out anything that isn’t absolutely necessary.

QQ Write in the active voice as much as you can.

QQ Avoid overusing the verb “to be.”

Citations

QQ Use proper citation format.

QQ Make sure that the authority cited logically applies to the facts of this case.

QQ Use recent precedent, if possible. All cases cited should still be good law.

Proofreading and Editing

QQ Rewrite grammatically incorrect or awkward sentences.

QQ Check for errors of spelling, punctuation, or formatting.

QQ Proofread and make your final editing review from a paper copy, not directly from the computer screen.

After proofreading and editing the agreement, submit your final draft for grading along with the answer sheet.

Additional Instructions When you submit your project, include only the first three (3) pages of any case law or other supporting documentation you’re submitting with your Memos. We don’t need you to copy and submit more than the first three (3) pages. However, you must be sure you’ve read the entire case, statute, or other type of document to ensure it’s applicable to your memo and that you’re using it for the correct proposition.

Note: We won’t return to you any of the case law or other supporting documentation you submit with your Memos. Please be sure to copy all supporting law before submitting it for grading if you would like to keep a copy for your records.

SUBMITTING YOUR PROJECT On your computer, save a revised and corrected version of your final drafts of Exercises 1, 2, and 3. Be sure the file includes all the information listed in the Writing Guidelines, including your student number.

1. Go to http://www.pennfoster.edu and log on as a student.

2. Go to your Student Portal.

3. Click on Take Exam next to the lesson you’re working on.

4. Enter your email address in the box provided. (Note: This information is required for online submission.)

5. Attach your file as follows:

a. Click on the Browse box.

b. Locate the file you wish to attach.

c. Double-click on the file.

d. Click on Upload File.

6. Click on Submit Files.

Be sure to keep a backup copy of your completed work.

http://www.pennfoster.edu