...LEGAL WRITING Prof. Gajić FINAL EXAM 1. Who can an attorney ask to prepare a brief? _________________________________ 2. Briefs should not be longer than one to two pages long and should be easy to read so that the reader does not have to spend much time understanding the reasoning of the case. T F 3. What are the two most important parts within the heading of internal legal memorandum? 4. The memo should begin with a statement of the issue, which is the legal question that the memorandum addresses. T F 5. The largest portion of the memo is the ______________ section. 6. The last section of the memorandum is the _________________, in which a brief summary of the memorandum is offered. 7. Name a few factors to consider when designing a law office space. What should be considered and offered to clients? _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 8. Successful interviews require the right __________________ and _____________. 9. Describe a situation in which you are meeting with a client for the first time, how would you behave, approach him/her, guide the interview. _____________________________________________________________________ _____________________________________________________________________...
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...IN THE COURT OF COMMON PLEAS, ABC COUNTY, PENNSYLVANIA CIVIL ACTION-LAW LUKE SPENCER & LAURA SPENCER : 100 Maple Street : Anywhere, PA 19100 : Plaintiff : v. : No. 04-1234 : GENERAL HOSPITAL : 200 City Avenue : Anywhere, PA 19100 : Defendant : PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S PRELIMINARY OBJECTIONS IN THE NATURE OF A DEMURRER Statement of Facts Laura Spencer was admitted to General Hospital on May 1, 2003. Lucky Spencer was delivered at 11:52 p.m. The following morning a nurse brought the baby into the plaintiff’s room in a rolling crib and then left. After about fifteen minutes of nursing, Laura feeling tired called the nurse to come and take the baby back to the nursery. When the nurse returned she was hurried and appeared tired. She picked up the baby to the transport him back to the nursery, but failed to put the baby into the rolling crib per hospital policy. Instead, she held the baby in one arm and attempted to open and close the door to plaintiff’s room. The nurse lost her grip and dropped the newborn on his head onto the floor. The plaintiff immediately heard...
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...Legal Memo To: Attorney John Smith, Esquire From: Paralegal Re: Westen Vs. Jane Date: March 18, 2002 This memorandum follows your recent assignment where in you requested that I contact Mr. Mark Vision, who witnessed our client Mary Jane’s accident, and determine where Mr. Vision was in association with the accident, the approximate speed of the other vehicle, the weather conditions and any other information that would be useful in either shifting liability or alleging contributory negligence on the part of plaintiff/driver. Analysis of the Interview I contacted Mr. Mark Vision on March 4, 2002. He is an African American male, very tall with a slim build. He wore business casual clothes and he seemed a little nervous, but he was very respectful and well mannered. He was very forthcoming with all of the questions he was asked in the interview. He seemed very truthful and reliable and answered every question with a matter-of- fact attitude. He remembered the entire accident very vividly. He would make a favorable witness for our case, because he feels that Ms. Jane is not guilty. Mr. Vision advised me that he was on the way to work at his part-time job Saturday March 18, 2002. The reason he did not give a statement at the time of the accident, was because he is the Manager and had to be at the company early to let the other workers in and didn’t want to keep them waiting. But Mr. Vision did give the Police his contact information. It was raining that...
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...Tort Issues Whether Barb committed any intentional Tort against Carol I. Whether Carol can seeks recovery for [4] a temporary trespass or nuisance (asserting claims for annoyance, discomfort, inconvenience, interference with their enjoyment of their property, loss of enjoyment of life, and personal injury. II. Whether Carol can maintain an cause of action for negligence or any other intentional tort, due to her contention that that offensive smoke have migrated from a neighbor's property onto the plaintiff's property or is the plaintiff limited to remedies under trespass and nuisance? Rule(s) of Law 1. Trespass Land: Defined: The Restatement (2nd) of Torts, section 329, states: A trespasser is a person who enters or remains upon land in the possession of another without a privilege to do so created by the possessor's consent or otherwise The traditional common law rule,-the dimensional test, provides that a trespass only exists where the invasion of land occurs through a physical, tangible object. See Adams v. Cleveland-Cliffs Iron Co., 237 Mich. App. 51, 602 N.W.2d 215, 219 (Mich. Ct. App. 1999). Under that rule, intangible matter or energy, such as smoke, noise, light, and vibration, are insufficient to constitute a trespass. Id.; Larry D. Scheafer, Annotation, Recovery in Trespass for Injury to Land Caused by Airborne Pollutants, 2 A.L.R. 4th 1054. 2. [23] Nuisance Defined: Restatement §822 defines a private nuisance as a substantial non-trespassory...
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...IN#THE#SUPREME#COURT#OF#THE#STATE#OF#DELAWARE# # # PRAISE#VIDEO,#INC.,#A#DELAWARE#CORPORATION,# :# JACOB#BISSINGER,#FRANCIS#PENNOCK,# # :# PETER#HORNBERGER,#NEW#HOPE# # # :# PUBLISHING#CO.,#AND#PRAISE#NEW### # :# HOPE#CORP.,# # # # # # :# :# :# :# # No.#162,#2013# :# :# Defendants#Below,# :# Appellants,## # :# :# v.# # # # :# :# :# MERCER#CHRISTIAN#PUBLISHING#CO.#AND# # :# SUSAN#BEARD,#### # # # # :# :# :# Plaintiff#Below,## :## # Court#Below:# Appellee.### # :## # Court#of#Chancery#of## :# # the#State#of#Delaware## :## :## # C.A.#No.#8974VCD# # # # # # _________________________________________________________________# # # _________________________________________________________________# # # # # Team#W# Attorneys#for#Appellee# February#7,#2014# # # # # # Table#of#Contents# TABLE#OF#CITATIONS# ................................................#iii# . NATURE#OF#PROCEEDINGS# ...............................................#1# . SUMMARY#OF#ARGUMENT# .................................................#2# . COUNTERSTATEMENT#OF#FACTS# ...........................................#3# . ARGUMENT# ............................................................#6# . I. THE# COURT# OF# CHANCERY# PROPERLY# ISSED# A# PRELIMINARY# INJUCTION# BECAUSE# PLAINTIFFS# DEMONSTRATED# A# REASONABLE# PROBABLITY# OF# SUCCESS# ON# THE# MERITS# CONCERNING# THE# MERGER# OF# PRAISE# VIDEO# WITH#NEW#HOPE#PUBLISHING#COMPANY## ...........................#6# A. Question#Presented#.....................................
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...Introduction Regardless of the legal specialty, location, or practice size, there is one truism that rings throughout the legal community: lawyers write. What students learn in the Legal Writing and Analysis, Appellate Advocacy, and other courses that fulfill the upper-level writing requirement is essential to becoming an effective advocate. As in many law schools' writing courses, students learn the basics for formulating, writing, and defending a legal argument — research, jurisdiction, use of authority, standards of review, and effective methods for completing written legal analysis. II. Distinguishing Features. Legal writing places heavy reliance on authority. In most legal writing, the writer must back up assertions and statements with citations to authority. This is accomplished by a unique and complicated citation system, unlike that used in any other genre of writing. Legal writing values precedent, as distinct from authority. Precedent means the way things have been done before. For example, a lawyer who must prepare a contract and who has prepared a similar contract before will often re-use, with limited changes, the old contract for the new occasion. Or a lawyer who has filed a successful motion to dismiss a lawsuit may use the same or a very similar form of motion again in another case, and so on. Many lawyers use and re-use written documents in this way and call these re-usable documents templates or, less commonly, forms. Legal writing extensively uses technical...
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...Jeanne Cox Legal Research and Writing IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY PENNSYLVANIA John Smith FAMILY DIVISION Plaintiff V Amanda Smith Defendant MEMORANDUM ISSUE Our Client, John Smith wishes to file a modification of child custody giving him full physical custody of his children, Joshua age 6 and Taylor age 3, in response to his former wife’s petition for relocation to Michigan. RULE With any child custody case, including petitions for modification, the paramount concern is the best interests of the child. Johns v. Cioci, 865 A.2d 931, 936 (Pa. Super. 2004). ARGUMENT The Parties were married on June 19,1998 and as a result of that union, their two minor children, Joshua age 6 and Taylor age 3 were born. The parties were separated April 4, 2006 because of the mothers infidelity. The current custody order was put into effect July 9, 2006 giving full physical custody to the mother with shared legal custody and visitation for the father. The mother has filed a motion for relocation to Michigan to live with her current boyfriend that she met on the Internet. In June of 2006, she met him in person for the first time herself and her children. She frequently takes the children to Michigan to visit her boyfriend and his family. She also insists that the children call the boyfriends mother grandma. The boyfriend, BJ Rodriguez, raises pit bulls for breeding purposes and dog fighting...
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...Q NO.1 SKILLS FOR DRAFTING “Preparing legal instruments is the most pervasive of all the legal disciplines” (Dickerson 1986) According to Fox (2002) the excellence of contract drafting requires precise use of language so that it may be interpreted in same sense by each counterpart. According to author contract drafting in a skilled way required a clear understanding between parties to contract. A significant effort is required to achieve this goal. Fox (2002) has given the following four features of a skillfully written contract, 1) It is accurate-correctly expressing the deal 2) It is complete—addressing all possibilities 3) It is exact-absence of ambiguity and vagueness 4) It is able to withstand critical and hostile reviews CONVENIENCE FOR READER: According to Just (2008) it is the duty of drafter/lawyer to make the things clearer to the other party/client and make them understand the things that may appear insignificant at that time. Fox (2002) consider it essential for a lawyer/drafter to have capability to explain the complicated issues and concepts in easy way. Just (2008) suggests gauging the knowledge of other party/client. Author further recommends that not only contract should addressed the issues instead it should also best serve the purpose also. AVOIDING ORTHODOX WRITNG RITUALS Just (2008) criticizes the use of Doublets and Triplets in legal English for making document difficult to read and longer. In Modern practices doublets and triplets are avoided...
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...Sally Bright asked her husband, John, to move out temporarily due to marital difficulties. 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. Among the facts that came out during the hearing, and are undisputed, are the following: • Sally will be moving to another part of the country soon to take a job. • A psychologist that counseled Chastity about her emotional problems testified that Chastity would prefer to stay with her dad so that she doesn’t have to go to a new school and make new friends. • John has realized that he is gay and has met a male companion who doesn’t live with John presently but someday might. • Chastity testified that she feels “weird” around John’s new companion. • John makes $125,000.00 per year and Sally’s new job in another part of the country will pay $35,000.00. • John has, on several occasions, physically abused Sally, but he never did so in front of Chastity and has never abused Chastity. • Both parents have been actively, and almost equally, involved in the day-to-day care of Chastity throughout her life. Testimony of Dr. Samuel Stoller. I counseled Chastity at the request of her father...
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...funds available for salting the roads. There were a few school busses, that upon early release, skidded and had accidents, and a number of children were injured as a result. Other than these bitter cold temps, which have also kept dad and I both pretty much bedridden with pain, we’re doing well overall. Darlys is a distance runner on the varsity team, as a freshman, Desirey, with her new IEP in place is doing much better in school, although she is still being bullied and pushed down the stairs and gym bleachers daily. I look forward to hearing how each of you are doing! Love always, Jody Ann Dear sir or madam, Address this letter to a city department, like the street department, or public works. It is with great concern that I am writing to you. With the recent changes to our state budget cutting or at the very least reducing our funds for salting the roads during times we have ice/snow our children’s safety in particular, is at risk. It has come to my attention numerous school busses have been involved in accidents, which resulted in children being injured. Considering that our children will be affected by these same cuts to their education, truly need to reconsider all the budget cuts, and put our kid’s safety and education as top...
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...or that judgment could be entered against him. Furlow took the complaint home with him and put it in the safe in his study. Later, he phoned his attorney, who asked him when he had been served and made an appointment for March 19. On Thursday, March 18, Furlow’s house was robbed and the contents of the safe, along with money and jewelry, were taken. Fearing for the safety of his wife and children, Furlow took his family and went to his mother-in-law’s residence, approximately four hours away. The appointment with his attorney that morning was forgotten and he spent the weekend with his family at his mother-in-law’s residence. Upon his return on Monday, March 22, Dr. Furlow rescheduled his appointment with his attorney for March 23. Legal Writing Project 1 7 Meanwhile, on March 23, a default judgment was entered against Furlow. Furlow’s attorney phoned the court clerk the afternoon of March 23 and was told that a default judgment had been entered. He immediately filed a motion to set aside the default judgment. You are the attorney’s paralegal and are instructed to...
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...Legal Writing Assignment #3 Please carefully follow the below instructions: This assignment should be taken under exam conditions (one-hour time limit, closed book, no smoking). The assigned essay question should be taken at one sitting. Please write your answer in the IRAC format. Your assignment will be evaluated and critiqued. You will receive your personal feedback on your assignment within 14 days. Edward is a licensed physician. One of his patients was an elderly man named Winston. Edward treated Winston for Alzheimer's disease, but since he believed he was destitute, he never charged him for his medical services. In late Fall Winston went to see Edward for a routine checkup and Winston said to Edward, "I want to pay you back for all you have done for me over the years. If you will care for me for the rest of my life, I will give you my office building. I'm frightened because I have no heirs and you are the only one who cares for me. I need to know now that I can depend on you." Edward doubted that Winston owned any office building, but said nothing in response and just completed his examination of Winston and gave him some medication. Since Winston made the statement two years went by. Winston's health worsened and Edward continued to treat him. Edward forgot about Winston's statement regarding the office building. After five years of treating Winston, Edward learned that Winston was indeed the owner of the office building. Edward, remembering of...
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...TerriResse Jones 208 Southwind Dr. #14, Athens, AL 35611 #22026522, Legal Writing 1, #008033 Law Offices of Eliza Smith & Associates 5678 Barrister Row Clark, Pennsylvania 18112 (771) 333-4444 Fax (771) 333-4445 April 21, 2014 Jane P. Smith 123 Rock Road Clark, PA 18118 Re: File No. Smith-3-04 Dear Ms. Smith, This letter is to inform you, that your tax appeal hearing has been scheduled for March 6, 2005, at 10:30 a.m. The hearing will be held at the County Office building located at 211 Race Road. The court room is located on the 5th floor. Ms. Smith, would like for you to meet her in the lobby ten minutes before the hearing begins. She asked, that you bring the pictures of all the comparable houses in your area, as discussed per your earlier meeting with her. If you have any questions, or need any assistance, please contact me at (217) 695-3568. Very truly yours, TerriResse Jones Cc: Eliza Smith THIS DEED Made the 21st day of April, in the year Twenty Thousand Fifteen (2015) Between, JANE P. SMITH, of the Township of Dalton, Lackawanna County, Pennsylvania, hereinafter referred to as the Grantor A N D ADAM JONES and SALLY JONES, husband and wife, of the Township of Dalton, Lackawanna County, Pennsylvania, hereinafter referred to as the Grantee. WITNESSETH, that in consideration of the sum of One Hundred and Fifty Thousand ($150,000.00) Dollars, in hand paid,...
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...Paragraph 1 My pending degree in Paralegal studies, along with my solid ability to express myself persuasively, verbally and in writing would enable me to add value to a positon as a litigation county clerk with the City of San Antonio Municipal Court. This position seems tailor-made for my education, experience, and career interest. I’m ready to augment your organization’s team with my enthusiasm, industry savvy, and work ethic. I have a strong desire to assist my fellow paralegals in the quest for excellence. I have spent countless days preparing myself for the qualifications to obtain my career of choice. I’ve had my share of mentors in life who have helped me discover my strengths, talents, passions, and often to find my path. There is one woman in particular whose name is Sharon Cassidy. She has been the most influential women in my life. What she provided for me was a standard- a high one. In doing so, I’ve stretched my capabilities, helping me to also stretch my boundaries and explore our world. I’m in a better path, with increased confidence and skills, which will surely qualify me for the position I’m looking to obtain. Paragraph 2 Dear Jane, It is with great pleasure that I’m recommending Greg Swanson Motor Company in San Antonio, Texas. I have been employed with this company for 8 years. They are currently seeking a reliable assistant for Mr. Swanson, and I’d think you’d be great. As a personal assistant you’ll be helping out with Mr. Swanson’s needs,...
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...Among the facts that came out during the hearing, and are undisputed, are the following: • Sally will be moving to another part of the country soon to take a job. • A psychologist that counseled Chastity about her emotional problems testified that Chastity would prefer to stay with her dad so that she doesn’t have to go to a new school and make new friends. • John has realized that he is gay and has met a male companion who doesn’t live with John presently but someday might. • Chastity testified that she feels “weird” around John’s new companion. • John makes $125,000.00 per year and Sally’s new job in another part of the country will pay $35,000.00. • John has, on several occasions, physically abused Sally, but he never did so in front of Chastity and has never abused Chastity. • 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 that she is familiar with. Since her mother is moving away, Chastity should stay with her father. The...
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