Pa205 Unit 5 Assignment 1

Presentation on theme: "PA 205- Unit 7 Outlining, Organization & your Discussion section of your Legal Memorandum of Law."— Presentation transcript:

1 PA 205- Unit 7 Outlining, Organization & your Discussion section of your Legal Memorandum of Law

2 BIG PICTURE Organization Perform a Large Scale Organization of your paper first. Perform a Large Scale Organization of your paper first. Determine how you will structure your paper. Determine how you will structure your paper. Determine how many separate legal issues you are going to discuss. Determine how many separate legal issues you are going to discuss. Remember, I recommend only ONE legal issue for the Final Memo. Remember, I recommend only ONE legal issue for the Final Memo.

3 BIG PICTURE Organization To: From: Re: Date: _______________________ I. I. Statement of Facts II. Question(s) Presented (aka Legal Issue(s)) III. Short Answers (aka Brief Answer(s)) IV. Discussion (aka Analysis) V. Conclusion

4 SMALL PICTURE Organization for the Discussion Section YOUR DISCUSSION SECTION WILL BE THE MOST LENGTHY PART OF YOUR LEGAL MEMO EACH PARAGRAPH WILL BE 5 – 7 SENTENCES LONG THE LENGTH OF YOUR DISCUSSION SECTION WILL DEPEND ON HOW MANY CASES OR STATUTES YOU’RE APPLYING

5 (GENERALLY SPEAKING) Small Scale Organization of Discussion I. State your rule of law I. State your rule of law –Topic sentence introducing elements for the cause of action or what you’re trying to prove  State your rule of law from the synthesis of the 5 cases  State this rule of law in a broad sense –Explication of rule  State where you came up with this rule of law by restating it from the statute(s) OR the strongest case(s) you’re relying on to make your point.  Must use blue book citation format  Avoid long quotes See page 145 -146 of Shapo text for an example

6 (GENERALLY SPEAKING) Small Scale Organization of Discussion II. Start applying case law II. Start applying case law –Start with a topic sentence on the legal principal you’re about to discuss –For the case that announced the legal principal you’re about to discuss, state the holding and reasoning using the pertinent facts –Must use Bluebook Citation format & avoid long quotes See page 146 -147 of Shapo text for an example

7 (GENERALLY SPEAKING) Small Scale Organization of Discussion III. Apply case law to your own case III. Apply case law to your own case –Start with a transition sentence to introduce your own case –Compare the relevant facts in the decided cases to those in your own case to evaluate the strength of the claim you wish to make in light of these comparisons –You will be distinguishing and analogizing the facts –Must use Bluebook Citation format & avoid long quotes See page 147 -148 of Shapo text for an example

8 (GENERALLY SPEAKING) Small Scale Organization of Discussion IV. Present and evaluate counter arguments IV. Present and evaluate counter arguments –Discuss those precedents and those facts from your problem that your opponent is going to rely on –In an objective analysis, raise all reasonable interpretations of the issues –You will be distinguishing and analogizing the facts –Weave in any reasonable and reliable rebuttal in an objective and neutral way –Must use Bluebook Citation format & avoid long quotes See page 148 -150 of Shapo text for an example

9 (GENERALLY SPEAKING) Small Scale Organization of Discussion The last paragraph of your discussion section may be easier to write after you have created the outlines for each legal issue. The last paragraph of your discussion section may be easier to write after you have created the outlines for each legal issue. The Introduction and Conclusion will take their form based on the traditional structure of paragraphs. The Introduction and Conclusion will take their form based on the traditional structure of paragraphs.

10 Example: Small Scale Organization (Cases and Memo) The following is an example using the Guidici case: The following is an example using the Guidici case: 1. Identify the rule from a case or statute: “A person who at the time of making a contract is completely intoxicated may avoid his contract notwithstanding the fact that his intoxicated condition may have been caused by his voluntary act and not by the contrivance of the other party to the contract...."

11 Example: Small Scale Organization (Cases and Memo) 2. “In the case of Guidici v Guidice, citation, ….” 3. “Similarly, in the Bibe case, Mr. Bibe was also drinking at the time he …. “However, in the Guidici case, the plaintiff had been drinking from ten weeks prior to the signing…” 4. “Another court has held that …” 5. “On balance, a court will likely find…”

12 CONCLUSION SECTION OF YOUR LEGAL MEMO Conclusion – this section is basically a recommendation based on the entire memo Conclusion – this section is basically a recommendation based on the entire memo Limit it to 1 short paragraph Limit it to 1 short paragraph No citations in the conclusion No citations in the conclusion “Based upon the facts, applicable statute and relevant case law…..” “Based upon the facts, applicable statute and relevant case law…..” “… it is likely the court will…” “… it is likely the court will…” “… it is likely Mr. Bibe can…” “… it is likely Mr. Bibe can…”

13 Questions?

2 Unit 5 Assignment Eye witness tesTmony for a long Tme was considered to be a form of accurate memory that could be relied on when convicTng people of alleged crimes; unTl research went further into invesTgaTng the theories and processes that go on within the brain and how many outside inFuences can a±ect what was once considered an acceptable and accurate tesTmony. ²hrough a deeper look into memory, percepTon, and a³enTon we can examine how many inFuences play a part of our memories and memory recollecTon, both consciously and unconsciously. Memory consists of our ability to encode, store, retain, and subsequently recall informaTon and our past experiences in the human brain (MasTn, 2010). ²here are three general processes which occur in our memory and they include encoding, storing, and retrieval. As human beings we are generally ruled and governed by our emoTons, feelings, and moods and/or environmental inFuences. Stress has the ability to acTvely interfere with the encoding process. With aging, there is a natural decline in our cogniTve funcTon and abiliTes and memory retrieval becomes less accurate as our funcToning slowly diminishes. PercepTon, according the Oxford English dicTonary, is de´ned as, “²he process of becoming aware or conscious of a thing or things in general; the state of being aware; and understanding.” We acTvely use our senses including taste, touch, smell, sight, and sound to help us perceive the world around us. ²he process that helps us understand how percepTon works can be explained by bo³om-up and top-down processing. Bo³om-up processing includes the visual processing of an external sTmuli. We view something or hear a sound and we have to register this sensory informaTon before we can begin to break it into concepts that we are familiar with. ²his is where top-down processing applies itself and the use of contextual informaTon in pa³ern recogniTon (Gregory, 1970). Our memories have an e±ect on our percepTons and our percepTons have a direct e±ect on how we interpret and store our memories. We are acTvely and unconsciously relaTng informaTon and knowledge we have stored to our percepTon of the reality around us.

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