Monday, August 22, 2005

PT

Assignment Memo

Who is client?

What is problem?

What is product?

Key Information, e.g.

- political hot potato Burke

- forced choice arbitration Merida

- "short" legal theory memo

- "main concern"

- client is not a lawyer

- think we can distinguish Bishop case

Navigation Signals

Nav signals in cases are: numbered tests; repeated test; "finally(end of list)", factors; "two-part inquiry;" quote from case cited w/ approval; right above application to case facts" applying this btest to the facts;" near cite to a statute that is contained in the library

Announcement of a test like, " in order for the defendant to validly assert..., it must be shown... " and "in determining whether recourse may be had to...", "requires a double showing...","where there is..."
Rule/Test stated "labor-nexus test,""rule is unyielding,""lesson taught is clear". "Thus" court holds then gives reason=rule
Issue announced: D contends, trial court held
Choosing between 2 rules in case--choose rule court relied on or rule useful to our case.

Issues

Always 3

Library must line up w/ issues

Must be library resource to put on issue sheet

I. 3 indept. legal issues

II. 2 legal issues, 1 fact task about same legal about same legal issues--repeats same word; "applying," Merida--"do not repeat legal arguements in part B"

Assignment Memo 3 issues named

2 tasks --> 2 issues (King)

2 issues named ==> 2 issues

3 or 4 questions =issues (goals never issue) e.g. Sierra, BudgTel, Progressive Builders.

pointer document--about problem, from atty e.g. demand letter, complaint; Snow King"Insurer's letter is attached; invites response"

client's goals not legal issue

1 case all 3 issues -- Bargain Mart; Palm Gardens;Sate v. Arthur

case splits into 2 issues--Sierra's Lorimar; Hale v. Delbert's Yee; Mata's Sonier

3 cases, 1 issue each (Sizemore)

pure law, facts (Hale v. Delbert)

law + known facts; law +known facts; add'l facts (Burke);

Law + known facts and addl facts; law + known

facts and addl facts; known facts (e.g. affidavit in Peabody; policy rewrite in Sunrise.

Format

** Assignment Memo contains format

"each"= organizational unit
Sierra-- Q 4 courses of action in reponse U's request and also in the event U refuses to stipulate to exclude 3 employees. For each course of action.

Sunrise--2a) mail's proposal unconst'l; b) our alternative const'l; our alternative meets needs.

King--for each witness's testimony, problem, problem, reason why, possible cure.

Hale v. Delbert--list critical facts, under each fact specify who and what discovery method.

BudgTel A:1.parent's liability for 2. M's torts, B,C.

Progressive Builders 4 questions

Sierra 4 questions

(Client goals not an issue)

** formatting document
burke Office Procedure Memo

Peabody Case Theory Memo

Sizemore--recommendations

Palm Gardens Memo Oppose SJ

Opposing party pleading is never the format

Format never gives the issues


Method

Hour 1 read
20 min file
40 min library
skim statutes to name
helicopter cases for test
Mark rule clearly.
Reread assignment memo--"do what?
Re read case rules, statute names. (rules and tools)
Leave the room.


Hour 2 assignment memo.
Title 3 issue sheets
Deal out library.
Focus on first issue sheet. number order
Rule, element, facts. Heading: conclusion+because
Repeat process for issue sheet 2 and 3.
form II, fact task sheet simultaneous w/ legal issues.
Figure out formatting document. It's always an IRAC
Follow examples in format exactly.

Hour 3 write from issue sheets exclusively.

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