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Welcome to Unit Eight Enjoy the music and we will start at the top of the hour.
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There are many styles and formats available for writing a legal memorandum
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BASIC RESEARCH MEMORANDUM FORMAT
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HEADING – To, From, Date, Office File No., Subject STATEMENT OF ASSIGNMENT – Description of topic covered
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BASIC RESEARCH MEMORANDUM FORMAT ISSUE Legal question analyzed– Includes rule of law, question, and key facts
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BASIC RESEARCH MEMORANDUM FORMAT BRIEF ANSWER A brief, precise answer to the issue
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BASIC RESEARCH MEMORANDUM FORMAT STATEMENT OF FACTS A brief statement of the background and key facts
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BASIC RESEARCH MEMORANDUM FORMAT ANALYSIS–RULE OF LAW Rule of law that applies to the issue–constitution, statute, legal principle, court decision, etc.
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BASIC RESEARCH MEMORANDUM FORMAT ANALYSIS–CASE LAW Case law that illustrates the application of the rule of law to the facts–citation, summary of facts, applicable rule of law, principle (or test, etc.) from case
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BASIC RESEARCH MEMORANDUM FORMAT ANALYSIS–APPLICATION How the rule of law, principle, or test from the court case applies to the client’s case
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BASIC RESEARCH MEMORANDUM FORMAT COUNTERANALYSIS Counterargument(s) to the position taken in the analysis
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BASIC RESEARCH MEMORANDUM FORMAT CONCLUSION Summary of the entire memo– brief summary of law presented and how it applies RECOMMENDATIONS Comments, next steps, etc.
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Unit Eight Assignment Legal Memorandum Draft a legal memorandum discussing the legal issues in your client’s case. Use the client interview material from t unit 4 assignment,, the statutes from the unit 2 assignment and the cases from the unit 3 assignment. These are all located in DocSharing).
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Legal Memorandum Draft a legal memorandum discussing the legal issues in your client’s case. Use the client interview material from the unit 4 assignment, the statutes from the unit 2 assignment and the cases from the unit 3 assignment. These are all located in DocSharing).
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Use only the statutes and cases provided in as authority. DO NOT do any outside research for this memorandum.
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Make sure that your complete memorandum includes the following sections: Statement of the Facts Issue Rule of law Analysis Conclusion
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New Mexico Statutes Annotated, § 51-1-7 § 51-1-7. Disqualification for benefits A. An individual shall be disqualified for and shall not be eligible to receive benefits: (1) if it is determined by the division that the individual left employment voluntarily without good cause in connection with the employment. However, a person shall not be denied benefits under this paragraph: (a) solely on the basis of pregnancy or the termination of pregnancy; (b) because of domestic abuse evidenced by medical documentation, legal documentation or a sworn statement from the claimant; or (c) if the person voluntarily left work to relocate because of a spouse, who is in the military service of the United States or the New Mexico national guard, receiving permanent change of station orders, activation orders or unit deployment orders;
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(2) if it is determined by the division that the individual has been discharged for misconduct connected with the individual's employment; or
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(3) if it is determined by the division that the individual has failed without good cause either to apply for available, suitable work when so directed or referred by the division or to accept suitable work when offered.
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Supreme Court of New Mexico. Zelma M. MITCHELL, Plaintiff-Appellee, v. LOVINGTON GOOD SAMARITAN CENTER, INC., Defendant-Appellant.
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Mitchell v. Lovington Good Samaritan Center, Inc., 555 P.2d 696 (N.M. 1976)
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What are the proper Bluebook citations for the other two cases from Unit Three?
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What is the Proper Bluebook citation for the New Mexico statute we are using? § 51-1-7
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Remember not to do any outside research. Concentrate on your writing and make sure you label the sections of your legal memorandum.
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Have a great week and remember to post to the DB early and often.
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