Law Homework Help

Purpose

The purpose of this project is to develop skills in analyzing a legal issue and explaining that analysis in a legal memorandum.

Course Outcome Met by Project 2:

• Draft objective, well-organized memoranda that analyze legal issues based on statutory law and case law

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Background: You and Attorney Chong are continuing to work on client Mary Hastings case. The next step is for you to draft a case law analysis memo for Mary Hastings’ case to submit to Attorney Chong.

The Project 2 Case Law Analysis Memo should analyze and explain the issues and law in cases relevant to Mary Hastings’ case. Also, the memo should apply that law to the facts, and set out reasoned conclusions.

Facts: Please refer to HASTINGS CASE FACTS: Projects 1,2,3,4 in Content to review the facts and court opinions relevant to Mary Hastings’ case.

Instructions

Review the Project 2 rubric.

Review the court opinions relevant to the Hastings case:

• Deering Woods Condominium Association, 377 Md. 250
• Joseph, 173 Md. App. 305
• Maans, 161 Md. App. 620

Using the three court opinions above, draft a case law analysis memo evaluating the stated issue in the Mary Hastings case (see below).

The memo must follow the IRAC format and include four sections: Issue, Rule, Analysis and Conclusion.

Review a sample IRAC memo in Week 4 Instructor Notes.

The memo analysis focuses on:

ISSUE:

Whether Gilford Pines Condominium Association had actual and/or constructive notice of a dangerous condition and failed to take reasonable care to fix the condition?

Comprehensively, from all parties’ perspectives, apply the law to the Hastings case and fully support and explain your conclusions.

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Memorandum Format

Memorandum

TO: Alice Chong, Esq.

FROM: (your name), Paralegal

RE: Liability Assessment of Gilford Pines Condominium Association

DATE:

Issue

Rule

Application

Conclusion

Include proper citations for all information.

Citations must follow The Bluebook rules for citation and style, using the regional citation format.

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Review the Project Memo

Thoroughly read the presentation to ensure all required elements are present.

Review the grading rubric to ensure that you gain the most points possible for this assignment.

Proofread for spelling and grammatical issues.

Use the spell and grammar check in Word.

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The issue that you will be using is posted in the Project 2 description, which is the following.

Whether Gilford Pines Condominium Association had actual and/or constructive notice of a dangerous condition and failed to take reasonable care to fix the condition?

With respect to the “Rule” section, make sure that you fully address the law and the 3 cases as they apply to our issue. You should start off by looking at your Synthesis Memo’s Synthesis of the Rationales and the Individual Holdings sections. DO NOT merely cut and paste of those sections for Project 2. So, negligence in slip and fall cases involving an invitee should be addressed to include the duty owed to an invitee. Don’t forget to include how the breach should be established as described in the cases. This includes actual or constructive notice. As for our 3 cases, you should include the court’s conclusion, rationale, and the legally significant facts/background facts.

Do not forget to cite to the source of your information using the regional citation format. Don’t forget the specific page number from the Regional Reporter where you obtained the quoted or paraphrased information.

As for the Application section, this is where you finally address the Hastings’ facts. Apply the law to Hastings’ situation to include addressing the 3 cases – how are these cases similar or different to Hastings’ case. Do more than state that a case applies to her case. Focus on the significance of the cases. For instance, was it related to notice or the length of time or both? Do not merely state that the Hastings’ case has the same outcome as the 3 cases. And when applying the cases to Hastings’ case does not mean that her case will have the same outcome as the 3 cases. If it is the same, explain why. If not, you should be able to distinguish Hastings’ case to the cases.

In the conclusion, the question posed in the Issue should be addressed and why.