Skills in analyzing legal issues

Purpose: The purpose of this project is to demonstrate your skills in analyzing legal issues and explaining analysis in a legal memorandum.

Course Outcomes met by Project 1:

Draft balanced office memoranda that analyze legal issues.
Draft external memoranda that advocate for a result on a legal issue.
PROJECT 1: COMPLEX OFFICE MEMO

Background:

The Ivy firm is representing client Emily Folly against Sherman Helmsley, owner of the College Park Apartments, located in College Park, Maryland. Emily Folly wants to prevent Mr. Helmsley from repossessing her apartment.

Attorney Ivy first will interview the client and explain the law applicable to an action threatened by the opposing party, the landlord for the Apartment Case. To assist Ivy to fully understand the case and explore the client’s potential to dismiss any lawsuit that may be filed, Ivy has requested that you draft a Complex Office Memo addressing the relevant law and the analysis/arguments that support Folly’s legal position.

The memo should also include arguments the opposing party may raise and how Ivy can address those arguments.

Instructions:

1. Review the case facts – see FACTS FOR PROJECTS in MAJOR PROJECTS INFORMATION in Content.

2. Review the legal research resources – see LEGAL RESOURCES FOR PROJECTS in MAJOR PROJECTS INFORMATION in Content.

3. Review “Drafting a Law Office Memorandum” link in Overview.

4. The Complex Office Memo analysis must address and evaluate the following questions:

Whether Sherman Helmsley’s acceptance of rent payments from Emily Folly constituted Helmsley’s acknowledgement of Lemmonaid’s assignment of the lease agreement to Folly, subjecting her to the terms of Lemmonaid’s lease?
Assuming a lease agreement exists between Sherman Helmsley and Emily Folly, whether Folly’s baking pies for sale in the apartment constitutes commercial use of the premises in violation of the lease agreement for a private residence, entitling Helmsley to repossession of the premises?
5. Draft a Complex Office Memo that contains the following sections:

Facts
Issue
Short Answer
Analysis
Counter-Argument
Rebuttal
Conclusion
Tip: Analysis: provides an explanation of the law (using LEGAL RESOURCES FOR PROJECTS in MAJOR PROJECTS INFORMATION in Content.

TIP: For the cases, include the common reasoning and the holdings of each case. Apply the law to support all your conclusion.

TIP: Counter-Argument: examines how the law can be used to reach a conclusion opposite to the conclusion you reached.

TIP: Rebuttal: refutes the opponent’s opposite conclusion presented in the Counter Argument.

Format:

This memo addresses more than one question/issue presented.

The format for this two-issue office memo follows:

MEMORANDUM

TO:

FROM: your name

DATE:

RE:

Facts (one statement of facts for the memorandum, not two)

Issue #1

Issue Statement #1
Short Answer #1
Analysis #1
Counter-Argument #1
Rebuttal #1
Conclusion #1
Issue #2

Issue Statement #2
Short Answer #2
Analysis #2
Counter-Argument #2
Rebuttal #2
Conclusion #2
TIP: Within each argument, handle the counterargument and rebuttal. Do not use separate headings with each argument. Use only the headings listed above.

Evaluation Criteria

Review grading rubric for Project 1.

Explanation of the case law must be accurate and thorough.

Discussion of the application of the law to the client’s situation from both perspectives must be thorough and reflect insight and critical thinking.

Citations using the regional citation format must be correct and complete to earn full points.

The memo must reflect insight into, and use of, the techniques for providing enough context and logical organization.

Use correct sentence structure, correct grammar, punctuation, and spelling.

Note: For help with citations, refer to the “LGST Quick Legal Citation Guide” located in the classroom under: Read Me First in Content.