Homework 1 – LEGAL MEMORANDUM
ASSIGNMENT OVERVIEW
Due – Week 1 – October 25th
Typically, legal memoranda are written to provide research findings, analysis and advice on a specific legal question. In this case, you have been given a case scenario and specific legal questions to address in your memo. You should begin by reading the case scenario and the guidance about how to write a legal memo.
Your memo must contain the following sections (as described further in the guidance provided):
· Heading
· Question Presented
· Brief Answer
· Facts
· Discussion
· Conclusion
· Legal Authority Cited (Bibliography)
Research
You may use any of the sources provided for you in the classroom and you will find at least one resource of your own. Your source may be a relevant news article, scholarly article, case, statute, etc.
Format
Your memo should be approximately 3-5 pages, double-spaced, 12 point font. The most important section of the memo (and section worth the greatest amount of points) is the discussion section. This is where you will provide your own analysis by describing how your research applies to the relevant facts of your case.
Grammar, Organization and Source Citation
PLEASE proofread your memorandum before submission. Be sure that your memo is easy to read, organized and grammatically correct. Otherwise, you will lose points based on your writing. You must also properly cite to the sources you use. You may not use exact language from an outside source unless you use quotation marks and cite to the source for that language.
ASSIGNMENT INSTRUCTIONS AND CASE SCENARIO
Legal Memorandum
Your assignment is to write a three to five page legal memo analyzing the fact pattern below. You are to discuss the parties and relevant issues in a thorough analysis. These issues deal with tort and Constitutional law. This is not an exercise in memory. Lawyers refer to resources all of the time when they are researching their legal problem. Use the course resources, weekly cases and case summaries to your advantage!
I am not interested in your outcome (who will end up winning in court) as I am in how you use the law to support your conclusion. Base your answer only on the facts given. This Project focuses on the material assigned for Weeks 1-3 only.
Please analyze and address the questions (Two parts, I and II) regarding the following case scenario:
Case Scenario: GreenMart, Inc., a large retail super market store that sells a variety of products, has had an eventful couple of weeks.
Part I:
There have been heavy rains in the area all week. On Wednesday, a ceiling tile that had become wet from a leaking roof in GreenMart due to the heavy rain storms earlier in the week fell and hit some bags of peanuts causing the nuts to spill across the store aisle. Michelle, a customer, entered the aisle, slipped on the peanuts and broke her leg and arm. The manager of GreenMart was unaware of the leaking roof and the wet ceiling tile and unaware that the peanuts had spilled onto the store floor.
A. How likely is Michelle to win a negligence case against GreenMart for her injuries resulting from slipping on the peanuts? Why?
B. Consider whether any, legal defense(s) could be raised by GreenMart. Are any legal defenses likely to be successful in negating liability for GreenMart? Why or why not? (Tip: Stick only to the facts in the case, do not assume any facts not given.)
Part II.
On Friday, a small group of political protestors carrying signs and quietly chanting were marching back and forth the full length of the public sidewalk in front of GreenMart. GreenMart encompasses the entire block by the public sidewalk with entry and exit doors located directly in the center of the store building, and with privately owned parking in the back of the store. Sometimes the protestors were at either of the two ends of the sidewalk in front of GreenMart, and thus, not directly in front of the entry/exit door doors to GreenMart. The protestors did not walk on or enter the private parking lot owned by GreenMart; the protestors did not stop and congregate in front of the store or its entry/exit doors at any time. The management of GreenMart believed that the protestors were impeding the ingress and egress of customers into GreenMart end therefore interfering with business. GreenMart called the police to have the protestors removed.
The police did not arrest the protestors but did require them to stop marching and move away from GreenMart.
Part II:
A. The protestors want to sue the City for violation of their constitutional rights. Specifically, what legal claim could the protestors sue for and why?
B. Could the protestors be convicted of trespassing against GreenMart? Why or why not?
Rubric
ASSIGNMENT 1 – LEGAL MEMO
Grading Rubric
Part I: 10 points
7.5 points for accurately identified issues and comprehensive and in-depth analysis.
o Demonstrate understanding of the legal principles and issues;
o Ideas directly tied to reading materials and sources, not just based on unsupported opinions;
o Writing is clear, concise and well organized;
o Conclusions are clear and well supported.
2.5 points for accurate, proper APA format in text cites and for correct grammar, usage, spelling and punctuation and attention to instructions.
Part II: 10 points
7.5 points for accurately identified issues and comprehensive and in-depth analysis.
o Demonstrate understanding of the legal principles and issues;
o Ideas directly tied to reading materials and sources, not just based on unsupported opinions;
o Writing is clear, concise and well organized;
o Conclusions are clear and well supported.
2.5 points for accurate, proper APA format in text cites and for correct grammar, usage, spelling and punctuation and attention to instructions.