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PA499 Overview

PA499 Overview. Applying Legal Skills. Writing Assignment 1: Post-Interview Memorandum. Summarize the facts from a case scenario and identify witnesses, causes of action, elements to support the causes of action, needs for further information, etc. (550-750 Words).

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PA499 Overview

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  1. PA499 Overview Applying Legal Skills

  2. Writing Assignment 1: Post-Interview Memorandum Summarize the facts from a case scenario and identify witnesses, causes of action, elements to support the causes of action, needs for further information, etc. (550-750 Words)

  3. Writing Assignment 2: Letter to Client Accepting Case Write a professional client letter to your client, indicating acceptance of the case. (Minimum 200 words)

  4. Writing Assignment 3: Secondary Source Summary Summarize at least two secondary sources that you examined in relation to your case either factually or legally. (Minimum 550 words)

  5. Writing Assignment 4: ADR Process Write a paper explaining an ADR process and how it applies to a case scenario. For this assignment, you will choose the Unit 1 fact scenario that you did not select for your appellate brief. Assume you are making the recommendation at the level of the trial court. (550-700 words)

  6. Writing Assignment 5: Case Briefs Draft and submit three case briefs, in Kaplan recommended format, that address issues directly related to your final project law and issues. (550-700 words)

  7. Writing Assignment 6: Internal Memorandum of Law Draft an Internal Memorandum of Law outlining the opposition's case.

  8. Writing Assignment 7: (Final): Appeals Brief Write and submit a final draft of the appellate brief, with any accompanying documents required by your state and appeals court. (1500-1750)

  9. Scenario 1 • Debbie Evans comes to your office because she wants to marry a man who is already married. She tells you that the married man and his wife, Aaron and Barb Conway, are waiting outside. The three of them want to be married to each other. • The three already sued Canyon County, Utah, where they live, in order to receive a marriage license, but lost the trial case. The trial court stated that Utah's anti-bigamy statute was not unconstitutional. All three parties now want to appeal. They believe they have a fundamental right to be married. • The Conways, along with Debbie Evans, are members of a sect that believes in marriages wherein one man has multiple wives. • Your attorney wants you to research Utah's anti-bigamy statute, cases on bigamy, and any underlying constitutional issues. Over the coming weeks, you are expected to interview Debbie Evans and write a post-interview memo outlining the issues, write a letter accepting the case, identify secondary sources that would be useful in preparing the case, brief relevant cases, compose an internal Memorandum of Law outlining the opposition's case on this issue, and draft the appeal motion. • Among the issues you will need to decide are whether you should interview the Conways and whether your firm should represent the Conways.

  10. Questions • Does this case involve state law, federal law or both? • Does this case involve criminal law, civil law, or both? • Is the problem substantive or procedural? • What categories might the relevant laws fall under? • What specific terms might apply to this issue?

  11. Scenario 2 • Carlos and Terry were "married" in Vermont. The two men lived there together for five years. • While traveling through Florida, Carlos was in a serious car accident. The doctors want to know if they can "pull the plug," as his condition seems hopeless. Because Carlos himself left no provisions to handle this issue, the doctors have asked Carlos' brother Ben, the only known relative, to make this important decision. Carlos and Ben had not seen each other in 20 years. • Terry has come to your office for help. He believes that he should be the one to decide such matters for his "spouse." Terry lost his bid to decide Carlos' fate in the trial court, as the judge ruled the statute was unconstitutional. The court ruled against Terry based on the Florida Domestic Relations Marriage statute, but Terry believes that Vermont's law on this matter must be given "full faith and credit" in Florida. • Terry believes that the Florida statute violates the basic rights and due process provided for in the Florida Constitution, the 5th Amendment's Equal Protection clause and the Full Faith and Credit Clause of the Constitution (Article IV, Section 1), which provides that acts of one state shall be recognized as valid in other states. The clause states: • Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.

  12. Questions • Does this case involve state law, federal law or both? • Does this case involve criminal law, civil law, or both? • Is the problem substantive or procedural? • What categories might the relevant laws fall under? • What specific terms might apply to this issue?

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