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Hey! I have this memorandum that I have to write for class. Here are the directi
Hey! I have this memorandum that I have to write for class. Here are the directions. Attached is the case as well as the template. As far as the citations go, it has to be cited like a memorandum. Thank you. This project is designed to assist in providing an introduction to the concept of legal research, citation, and persuasive written argumentation methods. The project contains a case file that will provide factual background on a legal issue. You will assume the role of a research attorney who must read, decipher, and analyze relevant information from legal opinions, CA Penal Codes, witness depositions, and official reports and articles and then organize and compose that information into a persuasive argument in favor of the party you will represent.
It is recommended that you read the ENTIRE case file prior to developing written arguments. As the research attorney for this case you will be charged with the following tasks:
Students with birthdays from January – June will be counsel representing the defendant Alexander Gruber. Your analysis and development of arguments should reflect positions that will exonerate the defendant of any criminal liability / guilt. Students with birthdays between July and December will be counsel for the prosecution, the State of California. Your analysis and development of arguments should reflect positions that will establish criminal culpability against the defendant.
There are three potential causes of action, ranging from criminal battery, to criminal sexual assault and forcible rape. CA penal codes are provided along with CA jury instructions to assist you in identifying the causes of action and elements necessary to establish each cause of action. You are responsible for developing persuasive arguments utilizing the facts, penal codes, case law, witness testimony, and any other relevant evidence in support of your party’s position on this case.
The case file is your “universe” for this project. The necessary information related to this issue are included in the case file. There is no need to research outside of the information provided in the case file except for criminal cases related to forcible rape which will be available in the Week 6 module. Otherwise, all relevant information for crafting your arguments is located in the structure of the case universe. Please confine your research to the information in the case file and the Week 6 cases related to Forcible Rape.
You will need to read the cases and relevant articles to research and identify rules, and legal reasoning that support your position. When conducting the research and developing your analysis, do not ignore positions or arguments that might be harmful to your client’s case. Instead be prepared to address these opposing arguments and refute their viability in the case.
If you would like to work in pairs for this assignment, you may, but both individuals names must appear on the memorandum to receive credit and the earned grade will be ascribed to both group members.
Written Specifications
Arguments should be composed in the format of a draft memorandum (see sample memorandum by clicking here)Download (see sample memorandum by clicking here)
Arguments should be between 1 – 5 pages and include supporting positions, argumentation and analysis
Memorandum must be formatted as follows:
Times New Roman, Calibri, or similar font face
Between 11 – 12 point font, nothing smaller or larger, double spaced
Citation page (not included in the 1 – 5 page limit)
Grading Criteria
Memorandum will be evaluated on the following criteria:
Formatting – Students scoring high in this area will demonstrate the ability to model the memorandum format and produce a document that has been proof read and virtually free from spelling errors or grammatical mistakes that detract from the reader’s ability to follow and understand the included argument (15 points)
Research and Identification of Legal Rules – Students scoring high in this area will demonstrate an ability to correctly identify relevant legal rules, policies, and arguments gleaned from researching legal opinions and information contained in the case file. (25 Points)
Analysis and Persuasive Argumentation – Students scoring high in this area will demonstrate the ability to weave compelling arguments that apply legal rules to the facts of the case. Additionally, the demonstration of persuasive arguments that consider opposing view points and then logically refute them will be an area of focus. (40 points)
Citations – Students scoring high in this area will demonstrate their understanding of how to cite information and arguments extracted from cases and statutes. The citations should include both short form for inline references, and long form for the citation page included with the memorandum. It is encouraged that students rely on citation practices gleaned from the reading material for this section. (20 points)
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