Project #35565 - midterm paper

1. Midterm Paper

For the following fact pattern, prepare a memorandum to your senior partner discussing the issues presented.  This will require you to do independent research to find legal cases to support your positions.

The memo should educate the reader.  It should be persuasive in nature such that the attorney could submit it (or parts of it) to the court to support Jack’s position on alimony.

Some of you have had classes in legal research and writing and some of you have not.  This is NOT an assignment that will focus on specifics such as proper citing form.  If you have taken these classes please use proper site form but it would be unfair of me to expect those that have not taken these classes to be able to learn all of that information for the context of this assignment.  The focus will be on substance rather than form.

In writing your memorandum you should consider writing in the IRAC, CRAC method or some other legal writing framework.  For those that have not yet taken Legal Writing, IRAC format provides that the subject will be discussed as follows:  Issue, Rule, Analysis, Conclusion.  CRAC format provides that the issue will be address as:  Conclusion, Rule, Analysis, Conclusion.  This is typically how law school and bar exam questions are answered.

The best memorandums will fully explore every applicable area.  Even if you conclude that a particular outcome is not appropriate, be sure to fully discuss that outcome and why you disagree.  I cannot give you points for arguments you do not make.

If there is information that you do not have that you need to make a conclusion (as will often be the case), state what the information is that you need.  You should also detail what the possible outcomes are based on the potential information.

The best memorandums will also explore the issues from both sides.  Don’t just present facts based on one party.  In the real world, the other side is not going to ignore facts that are for or against you.  When writing a memo such as this it is important to:  maximize your positives factors, minimize your negative factors, maximize opposing counsel’s negative factors, and minimize opposing counsel’s positive factors. 

Please remember, it is always better to use primary cites (statutes and cases) than secondary cites (treaties, articles, etc.).  Always remember that only cases in the same jurisdiction are binding on later cases.   Cases outside the jurisdiction can be helpful and informative, especially if they are very relevant, but they are not binding.  Finally, pay attention to the date of the case.  Older cases are more likely to be outdated by other cases or based on older law.  In legal research and writing you will learn how to make sure cases are valid law- that is beyond the scope of this project.

The memo must be at least 2,000 words long.

 

 

Here is the fact pattern:

 

 

 

Jack and Jill file for divorce in Florida.  They are unable to resolve their issues before trial.  At trial, these facts are presented.

The parties have been married for 19 years and have one fifteen year old child, Little Bo Peep.  For the last ten years of the marriage the parties have both worked full time in Jill’s medical practice.  The party’s joint personal tax returns show that they made $50,000 for the last four years of the marriage.  Jill continues to work in the medical practice.  After the parties separated but before Jack filed for divorce, Jack took a new job as a pumpkin farmer making $150,000 per year. Jack has now made $150,000 for the last two years while the trial has been pending, while Jill’s records from the medical practice show she is still making $50,000. The parties have no significant assets.  Both parties have legal custody of Little Bo Peep, but Jill will have almost 100% of the time sharing.  

Jill’s attorney is arguing that Jill is entitled to permanent alimony.  You work for Jack’s attorney.  Jack’s attorney has asked you to draft a legal memorandum on the subject for his review prior to court.

Subject Law
Due By (Pacific Time) 07/20/2014 10:00 pm
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