Major Business Law Assignment
AssignmentTutorOnline
Dear Section 51 B-Law Students,
Below I have provided detailed instructions for the writing component of your work for the last three classes. As previously stated we will not be doing the Armand’s Bistro v. BP matter, (although we will be discussing the civil and criminal remedies against BP). Of course, the text chapter and case reading is also required.
I hope that you will take an hour and go over the attached materials and this assignment memorandum before class on Monday, November 19, 2012, so that you if you have questions about the assignment there will be an opportunity to do so. (pgl)
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CLASSES #4-#7 – Drafting and Using the Law Office Memorandum of Law (“Law Memo”) to Assess the Case, Prepare Deposition Questions and Draft a Dispositive Motion
Your Law Firm represents either author Oscar Plumber or publisher Heartland Publications, Inc. As evidenced by the attached documents, serious problems have arisen regarding the venture and relationship.
List of Correspondence and Documents
(1) On August 15, 2005, Heartland and Plumber signed an agreement pursuant to which Plumber was to develop , write and submit a manuscript for a book on the subject of Brain Damage Due to Mass Media Exposure. The working title of the book was: The Illusion of Intellect. (2) Subsequently, on or about August 9, 2006, Mr. Plumber was notified that the manuscript that he had provided to Tess d’Urberville, Editor-in-Chief of Heartland Publications was unsatisfactory. (3) Mr. Plumber replied on August 30, 2006 and included complete manuscript for Heartland’s review. (4) On November 5, 2006, Mr. Plumber received an e-mail form Heartland stating that the manuscript was rejected. (5) Thereafter, on June 13, 2007, Heartland sent Mr. Plumber a cover memo and (6) a Termination Agreement.
Assignments
A. General
Using the attached documents, this three part Assignment is the last written assignment for the course, and it will take your and your Firm through Class #7, the last class. You are encouraged to start working individually and with your Firm on this assignment as soon as practicable.
The assignment requires that each Law Firm Team draft a Law Firm Office Memorandum of Law for the Senior Partner. The Memorandum of Law will be used by your Team to draft between 25 – 50
crucial deposition questions, and then prepare and argue Dispositive Motions (Motion to Dismiss or Motion for Summary Judgment.)
The scheduled order for this three part assignment is: (1) Draft a Law Firm Memo; and (2) Use the Law Memo to draft deposition questions to be asked during the course of the Oscar Plumber deposition; (3) prepare and argue a dispositive motion.
B. Law Firm Assignments
*****LAW FIRM ASSIGNMENTS*****
Firms #1 and #2 represent (and are responsible for ROLE PLAYING) Oscar Plumber and any Expert Witnesses he might use.
Firms #3, #4, and #5 represent (and are responsible for ROLE PLAYING) the Heartland Publishing Company and its employees, agents and any Expert Witnesses they might use.
Each Law Firm is responsible for designating members of their firm to play the individual roles.
Each Law Firm will prepare and submit to the Instructor between 25-50 questions to be asked of the opposing party’s witnesses.
C. Tasks
I. LAW FIRM MEMORANDUM: Prepare and Provide the Professor and Your Firm Members Only with a Law Firm Memorandum .
As law firm associates, the Senior Partner has assigned you to the case. In order to prepare a Law Firm Memorandum, you will need to analyze the case both factually and legally. Thus, you will need to:
(1) Read the documents very carefully – it helps to create a timeline;
(2) Create a Theory of the Case laying out the legal posture of this nuanced contract case by doing research and matching/analogizing the facts to similar cases and doing legal research on how those similar cases were decided by the courts;
(3) Review and follow the skeletal outline and Links to more extensive Models for drafting the Law Firm Memorandum that are provided below.
(4) Here are some ideas for your Law Firm Memorandum:
Your Memorandum should consider at least three options – which includes the best one — and provide sound analysis and legal reasoning predicated upon your reading and the lectures. You are expected to consider case law and sources referenced in the textbook, Introduction to Business Law, Beatty and Samuelson.
Your memorandum should be between 7-12 pages double spaced with one inch margins.
The memorandum should follow the following prescribed format:
I. Introduction
— (Summarizing the matter in 2-3 sentences including recommended course of action).
II. Factual Background
- (Use this as you first opportunity to advocate for your position. You should fairly and honestly state the essential relevant facts as you understand them but stressing those facts that are consistent with your ultimate point of view).
III. Statement of the Issues
- (Make sure that you highlight the legal issues that are both pro and con relative to your client.)
- Statement of the Relevant Legal Principles
- (Here it is expected that you will discuss the principles of Contract Law including, among other things, the nature of the contract, consideration, legality, capacity –if relevant—the writing, performance, and remedies.)
V. Argument: Application of Relevant Legal Principles to the Facts
- (This requires that you discuss why you believe that a relevant principle is supported by a particular fact.)
VI. Conclusion
(This is more than a summary; this is your last chance to cogently state and argue why you believe that the course of action you have selected is most appropriate).
II. DEPOSITION QUESTIONS and TAKING THE DEPOSITIONS: Prepare and Providethe Professor and Your Firm Members Only with a copy of your Deposition Questions Thus, you will need to:
(1) Prepare between 10 deposition questions for ALL of the persons that you want to depose –(you do not need to depose your client, you can just Interview them and they will tell you what they interpreted or understood the situations).
(2) You and your Associates will then actually DEPOSE the opposing Witnesses, asking questions — with appropriate follow-up not counted in the 50 – that will help establish your Theory of the Case.
(3) Agree in class – with the assistance of the Professor/Magistrate what Facts are NOT in Dispute.
III. DRAFT AND ARGUE DISPOSITIVE MOTIONS WITH POINTS AND AUTHORITIES: Draft and Provide to the Professor, your Firm AND YOUR OPPONENTS, a copy of your Dispositive Motion with Points and Authorities (Motion to Dismiss or Motion for Summary Judgment in the District of Hopkins)
(1) Assuming that your Opponent has filed suit, prepare a Motion for Summary Judgment or a Motion to Dismiss your Opponent’s lawsuit. The Motion with Points and Authorities should be between 7-10 pages and should follow the form of the sample motions attached as a separate document to this communication. The Motion ordinarily is set up as:
- Introduction (a very short summary)
- Factual Background
- Legal Discussion or Argument (applying law to the facts (the deposition answers and documents)
- Conclusion and Request for Relief
IV. Models for Drafting the Law Firm Memo
Listed below are several links to websites that provide models for the Law Office Memorandum. Note that generally, the elements are:
1. HEADING or CAPTION
2. QUESTION PRESENTED
3. BRIEF ANSWER
4. FACTS
5. DISCUSSION
6. CONCLUSION
These Law Memo elements are explained at greater length in the various websites.
Drafting a Law Office Memorandum
http://www.law.cuny.edu/legal-writing/students/strategies-techniques/memorandum/memorandum-1.html
Approaches to Drafting a Law Office Memorandum
http://www.law.cuny.edu/academics/WritingCenter/students/strategies-techniques/memorandum.html
Spark Notes Legal Memo Guidelines
http://sparkcharts.sparknotes.com/legal/legalwriting/section2.php
Using West Law to Write an Open Memo
http://lscontent.westlaw.com/images/content/WritingOpenMemo10.pdf
