Prof. Colleen Grady PA 205: Introduction to Legal Analysis & Writing Information on Legal Memorandum Welcome to Seminar for Unit 6

Agenda Preview of Remaining Assignments Preview of Remaining Assignments Legal Memorandum Legal Memorandum Unit 6 Assignment Unit 6 Assignment Unit 6 Discussion Board Unit 6 Discussion Board Unit 6 requirements Unit 6 requirements Kaplan University - PA 2052

Preview of Remaining Assignments Unit 6 – 1 st Half of the Legal Memorandum Unit 6 – 1 st Half of the Legal Memorandum Unit 7 – No written assignment due. You can be working on the second half of the legal memorandum. Unit 7 – No written assignment due. You can be working on the second half of the legal memorandum. Unit 8 – 2 nd half of the Legal Memorandum due Unit 8 – 2 nd half of the Legal Memorandum due Unit 9 – Final Project (the corrected version of Unit 6 Assignment & Unit 8 Assignment put together) Unit 9 – Final Project (the corrected version of Unit 6 Assignment & Unit 8 Assignment put together) Kaplan University - PA 2053

The Legal Memorandum Purpose is to: Purpose is to: Convey information about a client’s case or other matter within a law firm or other organization Convey information about a client’s case or other matter within a law firm or other organization Provide written analysis of a legal problem Provide written analysis of a legal problem Evaluates strengths and weaknesses of the arguments of all sides of a case Evaluates strengths and weaknesses of the arguments of all sides of a case This memo will be objective – you will highlight the strengths and weaknesses of I.M. Bibe’s desire to get out of the purchase contract. This memo will be objective – you will highlight the strengths and weaknesses of I.M. Bibe’s desire to get out of the purchase contract. 4Kaplan University - PA 205

Style of a Legal Memorandum Should be clear and concise Should be clear and concise Use professional tone and language Use professional tone and language Proofread your grammar and spelling Proofread your grammar and spelling Use plain language where possible Use plain language where possible Avoid unnecessary wordiness Avoid unnecessary wordiness 5Kaplan University - PA 205

Sections of a Legal Memorandum Statement of Facts Statement of Facts Questions Presented Questions Presented Short Answers Short Answers Applicable Statutes (we will not have this section) Applicable Statutes (we will not have this section) Analysis & Discussion Analysis & Discussion Conclusion Conclusion Each section should be labeled, centered and underlined. Each section should be labeled, centered and underlined. 6Kaplan University - PA 205

Statement of Facts Statement of Facts: What happened? Who is involved? When did the events occur? Statement of Facts: What happened? Who is involved? When did the events occur? These are the facts for I.M. Bibe’s situation! These are the facts for I.M. Bibe’s situation! Include only legally relevant facts Include only legally relevant facts Do not use conclusions, legal principles, or source references Do not use conclusions, legal principles, or source references Do not omit facts unfavorable to your client Do not omit facts unfavorable to your client First paragraph should identify your client, the legal problem, and the relief sought. First paragraph should identify your client, the legal problem, and the relief sought. Read page 195 in Chapter 8 for more information. Read page 195 in Chapter 8 for more information. 7Kaplan University - PA 205

Questions Presented What is the primary legal issue(s) or question(s) arising from the situation? May use question format: “Can a contract be upheld where one of the parties was drinking alcohol at the time he entered into it?” May use question format: “Can a contract be upheld where one of the parties was drinking alcohol at the time he entered into it?” Or use “whether” format: “Whether an agreement entered into by a party that had been drinking alcohol is valid.” Or use “whether” format: “Whether an agreement entered into by a party that had been drinking alcohol is valid.” You can use the issues that we discussed on the Unit 5 Discussion Board You can use the issues that we discussed on the Unit 5 Discussion Board If there is more than one, you will need to number them. If there is more than one, you will need to number them. 8Kaplan University - PA 205

Short Answer Here, you will set out one or two sentences answers to your Question(s) Presented or Legal Issue(s) No. If a person is intoxicated, he will be treated as mentally incapacitated and he cannot contract intelligently. No. If a person is intoxicated, he will be treated as mentally incapacitated and he cannot contract intelligently. Yes. The agreement will be valid if the person understood what they were doing. Intoxication alone is not an excuse. Yes. The agreement will be valid if the person understood what they were doing. Intoxication alone is not an excuse. Always answer the Question Presented. Always answer the Question Presented. Start with a Yes or No. Start with a Yes or No. 9Kaplan University - PA 205

Applicable Statutes Set out all relevant statutes with proper Legal Bluebook citation. Set out all relevant statutes with proper Legal Bluebook citation. There is one in the Bibe memo. There is one in the Bibe memo. I will put this in the next assignment for you. I will put this in the next assignment for you. 10Kaplan University - PA 205

Analysis & Discussion This is the substantive portion of your legal memorandum This is the substantive portion of your legal memorandum You will analyze the legal issues(s) as they apply to the facts of the client’s situation. You will analyze the legal issues(s) as they apply to the facts of the client’s situation. If there is more than one legal issue, you may choose to use sub-headings in order to organize your analysis. If there is more than one legal issue, you may choose to use sub-headings in order to organize your analysis. 11Kaplan University - PA 205

Analysis & Discussion (cont) Discuss the law as it specifically controls the legal problem(s). Discuss the law as it specifically controls the legal problem(s). Use proper Legal Bluebook citation format for all sources. Use proper Legal Bluebook citation format for all sources. You will include case law and an evaluation of the statues. You will include case law and an evaluation of the statues. This will mainly come from your analysis in Assignment 3. This will mainly come from your analysis in Assignment 3. Kaplan University - PA 20512

Conclusion This is the wrap-up paragraph tying the facts, legal issue, and analysis together in summary form. This is the wrap-up paragraph tying the facts, legal issue, and analysis together in summary form. 13Kaplan University - PA 205

Unit 6 Assignment You will submit the first three sections of the legal memorandum. You will submit the first three sections of the legal memorandum. Facts (about 1-3 paragraphs) Facts (about 1-3 paragraphs) Issues (1-2 issues; each about a sentence or two) Issues (1-2 issues; each about a sentence or two) Short Answer (should match the issues) Short Answer (should match the issues) Entire Assignment will be about 2 pages. Entire Assignment will be about 2 pages. There is a template in DocSharing There is a template in DocSharing Kaplan University - PA 20514

Unit 6 Discussion Board This week, you will discuss the Rule section of your memorandum. This week, you will discuss the Rule section of your memorandum. Identify a rule from one of the cases that you think will apply to the Bibe facts. Identify a rule from one of the cases that you think will apply to the Bibe facts. State the rule and apply it to the Bibe facts. Analyze the result. State the rule and apply it to the Bibe facts. Analyze the result. Respond to at least two classmates. Respond to at least two classmates. Kaplan University - PA 20515

Unit 6 Requirements Attend Seminar or do the alternate assignment (5 points) Attend Seminar or do the alternate assignment (5 points) Post to the Discussion Board with your main post and at least 2 responses to other students (20 points) Post to the Discussion Board with your main post and at least 2 responses to other students (20 points) Submit the 1 st three sections of the Legal Memorandum that is due at the end of Unit 6 (100 points) Submit the 1 st three sections of the Legal Memorandum that is due at the end of Unit 6 (100 points) Kaplan University - PA 20516