Discuss the basis for the negative citations

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Reference no: EM13954778

Utilize the skills, checklists, exhibits, terminology, and references found in each chapter to prepare the documents required in this assignment. These assignments will be graded in two ways: (1) as writing samples (1/2 of the project grade); and (2) as examples of the various documents required by the project (1/2 of the project grade).

Label each individual assignment section, and include a table of contents on the first page.

1. Investigative Report (Fact Particularization) (Chapters 8 and 9)

Fact particularization is a fact-gathering technique used to generate a list of numerous factual questions that will help you obtain a specific and comprehensive picture of all available facts that are relevant to a legal issue. Fact particularization can be a very useful guide in formulating factual questions that need to be asked in the client interview, for example.

In this exercise, your "Investigative Report" will actually be a fact particularization. You are to take the facts and information from Brown v. Hammond et al (Statsky text pages 223-225) and particularize each fact using the categories of questions in Exhibit 8.5 on page 334 of your Statsky text).

2. Once the fact particularization is done, organize the information into a memorandum for your fictional law office (Stewart Law Office) with the following opening elements.

o To: ***** *****
o From: Your name
o Date: The date the memorandum is prepared
o Subject: Investigative Report: Brown v. Hammond et al

Please note: The body of this memorandum will be your organized fact particularization.

3. Client Interview Checklist (Chapter 8)

In your Client Interview Checklist exercise, you are required to create a list of at least 20 initial questions and 10 follow-up questions (for a total of 30 questions) that you would ask Ms. Brown.

In your list of questions, use at least one example of each kind of question explained in Exhibit 8.9 in your Statsky textbook on page 350.

Label each question according to its type (open-ended, close-ended, or other).

4. Intake memo (Chapter 8)

You will need to use some ingenuity to prepare an intake memo for Brown v. Hammond. You need only to create an intake memo for Ms. Brown who has come to your fictional law office (Stewart Law Office) seeking representation. Addresses, phone numbers, and other personal information should be fictional.

To create the intake memo, use the layout described in pages 329-330 of your Statsky textbook. You may also use Exhibit 8.3, "Beginning of an Intake Memo," on page 330 of the Statsky text as your guide.

5.Complaint (Chapter 10)

A complaint is the pleading filed by the plaintiff, which states a claim or cause of action against the defendant.

Draft a complaint for wrongful termination against defendant Attorney Robert Hammond. Use the Statsky text Exhibit 10.5, "Structure of a Complaint," on page 424 as your guide. Hint: Use both your legal analysis brief and fact particularization (Investigative Report) to complete the complaint body.

6. Legal Research - Traditional (Chapter 11); Computer Aided (Chapter 13)

In this assignment, you are to use Westlaw computer-aided legal research to find the following applicable authorities for the Brown v. Hammond case. (Please note: If you have access to traditional legal research sources via a law library or court library, you may also use these resources as well.)

There are two types of authorities you will research for this exercise. A mandatory authority is a source of law that a court must follow when deciding a case. A persuasive authority is any legal authority or source of law that a court may consider for guidance at its discretion.

• Using Westlaw, locate the Hammond case (citation 810 F.Supp. 644).
• Cite:

o Three (3) mandatory authorities discussed in the Hammond case.
o Three (3) persuasive authorities relevant to the Hammond case.

Using the Westlaw Key Cite feature, key cite the Brown case (citation 810 F.Supp. 644). Are there any negative citing sources? If so, provide the case citations and briefly discuss the basis for the negative citations.

7. Interoffice Memorandum of Law (Chapter 12)

An interoffice memorandum objectively analyzes the law. This memorandum is written for the supervising attorney or other individuals in your law office.

Prepare an Interoffice Memorandum of Law using all research from step 5 above. The memorandum should again be addressed to Attorney Stewart.

Use the sample Interoffice Memorandum of Law on pages 597-599 in your Statsky textbook as a guide.

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