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Welcome to Seminar 7 PA 205 Introduction to Legal Analysis and Writing

Welcome to Seminar 7 PA 205 Introduction to Legal Analysis and Writing. Instructor: Colleen Grady. Agenda for tonight’s Seminar. Review General Matters Discuss the Analysis and Discussion part of a Legal Memorandum Outlining the Discussion Part Discuss Unit 7 Discussion Board

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Welcome to Seminar 7 PA 205 Introduction to Legal Analysis and Writing

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  1. Welcome to Seminar 7PA 205Introduction to Legal Analysis and Writing Instructor: Colleen Grady

  2. Agenda for tonight’s Seminar • Review General Matters • Discuss the Analysis and Discussion part of a Legal Memorandum • Outlining the Discussion Part • Discuss Unit 7 Discussion Board • Preview remaining written assignments • Unit 7 requirements • Wrap-up

  3. General Matters • In DocSharing there are my PowerPoints in case you want to refer back to them. • We are starting Unit 7. We are almost done. Only a few more weeks. • There is no written assignment this week so we are talking about the assignment due at the end of Unit 8. It is a good idea to get started a little early on that one. • Questions?

  4. Discussion section of Legal Memorandum • This is the substantive portion of your legal memorandum • You will analyze the legal issues(s) as they apply to the facts of the client’s situation (Mr. Bibe). • If there is more than one legal issue, you may choose to use sub-headings in order to organize your analysis. • Discuss the law as it specifically controls the legal problem(s). • Use proper Legal Bluebook citation format for all sources.

  5. Organization of the Discussion • For each issue, you will do 5 things: • Identify and Explain the applicable rule of law • Examine how the rule is applied to other cases • Apply the law to the Bibe case • Present/evaluate any counterarguments • Conclude • You have 2 issues – the intoxication issue and the fraud/undue influence issue

  6. Outlining your discussion • Intoxication issue • Rule (from Guidici and Phelan) • Discuss how rule is applied in other cases (This comes from your assignment 3) • Apply the law to the facts of Bibe • Present /Evaluate counterarguments (this will address alternatives to the previous paragraph) • Conclusion

  7. Outlining your discussion (#2) • Undue Influence/Fraud issue • Rule (from Marronand Swan and Donnelly) • Discuss how rule is applied in other cases (This comes from your assignment 3) • Apply the law to the facts of Bibe • Present /Evaluate counterarguments (this will address alternatives to the previous paragraph) • Conclusion

  8. Example of Issue #1 Intoxication was the main issue in Guidici v. Guidici, 2 Cal. 2d. 497, 41 P.2d 932 (1935) where Mr. Guidici had been drinking for 10-14 days, and signed over the deed to his farm to Mrs. Guidici prior to their marriage ceremony the same day. This was based on the insistence of Mrs. Guidici that she would not marry him unless the deed was signed. Due to his intoxication, Mr. Guidici does not remember the signing of the deed or even the marriage ceremony. The court rendered the deed invalid under the rule "the law now regards the fact of intoxication and not the cause of it and regards the fact as affording proof of lack of mental capacity. A completely intoxicated person is generally placed on the same footing as a person of unsound mind.” Id. at 936.

  9. Application to Bibe To apply this rule to Mr. Bibe's case, we must focus on the extent of Bibe's intoxication. While celebrating a reached sales goal and an acquired large bonus, Mr. Bibe shared 4 bottles of wine with 2 co-workers within a period of approximately 2 hours, during which Bibe only consumed a salad. The defendant may very well argue that Bibe was not intoxicated to the point of lacking in mental capacity because he did drive 20 miles home that afternoon, took a nap and remembered the agreement entered into earlier that day. However, Bibe can argue that due to the lack of significant nourishment, excessive alcohol intake in a short time frame, and also the celebratory atmosphere of the luncheon, he was indeed of unsound mind when he agreed to the purchase of Lotts’ business.

  10. Where does your base come from? • Use the body of your Unit 3 Assignment. Then you will just need to make my suggested changes to that assignment. • Add the application to the Bibe facts. The Unit 4 Assignment showing analogizing and distinguishing can help you with that.

  11. Unit 7 Discussion Board • We will discuss the elements for a cause of action, which can be thought of as the building blocks for each legal issue or sub issues.  We started this a few week’s ago when you identified the elements of battery based on three scenarios. • For this week’s discussion, review at least one cause of action from the Florida Litigation Guide website. Select “Table of Contents” on the top of the page once you click into the website. Be sure to click on the Red causes of actions. • Next post an outline of the cause of action with sub issues (based on the elements of each cause of action) to the discussion board.  There is an example.

  12. Remaining Written Assignments • Unit 7 – No Written Assignment (work on outlining the Discussion so next week is not so bad). Catch up!!! This is your chance! • Unit 8 – Last half of the final project (Applicable Statutes, Discussion, and Conclusion) • Unit 9 – Revised final project (4-6 pages, double spaced, 12 point) • Unit 10 – No Written Assignment

  13. Unit 7 Requirements • Attend Seminar or do the alternate assignment • Complete the reading assignment • Post to the Discussion Board 4-5 times • Outline the Discussion section of the Legal Memorandum but don’t submit it • Catch up if you need to

  14. Questions?

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