Instructor: Colleen GradyInstructor: Colleen Grady

Welcome to Seminar 7Welcome to Seminar 7PA 205PA 205

Introduction to Legal Analysis and Introduction to Legal Analysis and WritingWriting

Agenda for tonight’s SeminarAgenda for tonight’s Seminar

Review General MattersReview General Matters Discuss the Analysis and Discussion Discuss the Analysis and Discussion

part of a Legal Memorandumpart of a Legal Memorandum Outlining the Discussion PartOutlining the Discussion Part Discuss Unit 7 Discussion BoardDiscuss Unit 7 Discussion Board Preview remaining written assignmentsPreview remaining written assignments Unit 7 requirementsUnit 7 requirements Wrap-upWrap-up

General MattersGeneral Matters

In DocSharing there are my PowerPoints In DocSharing there are my PowerPoints in case you want to refer back to them. in case you want to refer back to them.

We are starting Unit 7. We are almost We are starting Unit 7. We are almost done. Only a few more weeks.done. Only a few more weeks.

There is no written assignment this week There is no written assignment this week so we are talking about the assignment so we are talking about the assignment due at the end of Unit 8. It is a good idea due at the end of Unit 8. It is a good idea to get started a little early on that one. to get started a little early on that one.

Questions?Questions?

Discussion section of Legal Discussion section of Legal MemorandumMemorandum

– This is the substantive portion of your legal This is the substantive portion of your legal memorandummemorandum

– You will analyze the legal issues(s) as they You will analyze the legal issues(s) as they apply to the facts of the client’s situation apply to the facts of the client’s situation (Mr. Bibe). (Mr. Bibe).

– If there is more than one legal issue, you If there is more than one legal issue, you may choose to use sub-headings in order to may choose to use sub-headings in order to organize your analysis.organize your analysis.

– Discuss the law as it specifically controls the Discuss the law as it specifically controls the legal problem(s).legal problem(s).

– Use proper Legal Bluebook citation format Use proper Legal Bluebook citation format for all sources.for all sources.

Organization of the DiscussionOrganization of the Discussion

For each issue, you will do 5 things:For each issue, you will do 5 things: Identify and Explain the applicable rule of lawIdentify and Explain the applicable rule of law Examine how the rule is applied to other Examine how the rule is applied to other

casescases Apply the law to the Bibe caseApply the law to the Bibe case Present/evaluate any counterargumentsPresent/evaluate any counterarguments ConcludeConclude

You have 2 issues – the intoxication issue You have 2 issues – the intoxication issue and the fraud/undue influence issueand the fraud/undue influence issue

Outlining your discussionOutlining your discussion

Intoxication issueIntoxication issue Rule (from Rule (from GuidiciGuidici and and PhelanPhelan) ) Discuss how rule is applied in other cases Discuss how rule is applied in other cases

(This comes from your assignment 3)(This comes from your assignment 3) Apply the law to the facts of Bibe Apply the law to the facts of Bibe Present /Evaluate counterarguments (this Present /Evaluate counterarguments (this

will address alternatives to the previous will address alternatives to the previous paragraph)paragraph)

ConclusionConclusion

Outlining your discussion (#2)Outlining your discussion (#2)

Undue Influence/Fraud issueUndue Influence/Fraud issue Rule (from Rule (from Marron Marron and and SwanSwan and and

DonnellyDonnelly) ) Discuss how rule is applied in other cases Discuss how rule is applied in other cases

(This comes from your assignment 3)(This comes from your assignment 3) Apply the law to the facts of Bibe Apply the law to the facts of Bibe Present /Evaluate counterarguments (this Present /Evaluate counterarguments (this

will address alternatives to the previous will address alternatives to the previous paragraph)paragraph)

ConclusionConclusion

Example of Issue #1Example of Issue #1Intoxication was the main issue in Intoxication was the main issue in Guidici v. Guidici v.

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

Application to BibeApplication to BibeTo apply this rule to Mr. Bibe's case, we must To apply this rule to Mr. Bibe's case, we must

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

Where does your base come Where does your base come from?from?

Use the body of your Unit 3 Use the body of your Unit 3 Assignment. Then you will just need Assignment. Then you will just need to make my suggested changes to to make my suggested changes to that assignment.that assignment.

Add the application to the Bibe facts. Add the application to the Bibe facts. The Unit 4 Assignment showing The Unit 4 Assignment showing analogizing and distinguishing can analogizing and distinguishing can help you with that. help you with that.

Unit 7 Discussion BoardUnit 7 Discussion Board We will discuss the elements for a cause of We will discuss the elements for a cause of

action, which can be thought of as the building action, which can be thought of as the building blocks for each legal issue or sub issues.  We blocks for each legal issue or sub issues.  We started this a few week’s ago when you identified started this a few week’s ago when you identified the elements of battery based on three scenarios.the elements of battery based on three scenarios.

For this week’s discussion, review at least one For this week’s discussion, review at least one cause of action from the Florida Litigation Guide cause of action from the Florida Litigation Guide website. Select “Table of Contents” on the top of website. Select “Table of Contents” on the top of the page once you click into the website. Be sure the page once you click into the website. Be sure to click on the to click on the RedRed causes of actions. causes of actions.

Next post an outline of the cause of action with Next post an outline of the cause of action with sub issues (based on the elements of each cause sub issues (based on the elements of each cause of action) to the discussion board.  There is an of action) to the discussion board.  There is an example.example.

Remaining Written AssignmentsRemaining Written Assignments

Unit 7 – No Written Assignment (work on Unit 7 – No Written Assignment (work on outlining the Discussion so next week is outlining the Discussion so next week is not so bad). Catch up!!! This is your not so bad). Catch up!!! This is your chance!chance!

Unit 8 – Last half of the final project Unit 8 – Last half of the final project (Applicable Statutes, Discussion, and (Applicable Statutes, Discussion, and Conclusion)Conclusion)

Unit 9 – Revised final project (4-6 pages, Unit 9 – Revised final project (4-6 pages, double spaced, 12 point)double spaced, 12 point)

Unit 10 – No Written AssignmentUnit 10 – No Written Assignment

Unit 7 RequirementsUnit 7 Requirements Attend Seminar or do the alternate Attend Seminar or do the alternate

assignmentassignment Complete the reading assignmentComplete the reading assignment Post to the Discussion Board 4-5 Post to the Discussion Board 4-5

timestimes Outline the Discussion section of the Outline the Discussion section of the

Legal Memorandum but don’t submit Legal Memorandum but don’t submit itit

Catch up if you need to Catch up if you need to

Questions?Questions?