Welcome to Unit Eight Enjoy the music and we will start at the top of the hour

Welcome to Unit Eight

Enjoy the music and we will start at the top of the hour.

There are many styles and formats available for writing a legal

memorandum

BASIC RESEARCH MEMORANDUM

FORMAT

BASIC RESEARCH MEMORANDUM FORMAT

• HEADING–To, From, Date, Office File No., Subject

• STATEMENT OF ASSIGNMENT–Description of topic covered


• ISSUELegal question analyzed–Includes rule of law, question, and key facts


• BRIEF ANSWERA brief, precise answer to the issue


• STATEMENT OF FACTSA brief statement of the background and key facts


• ANALYSIS–RULE OF LAWRule of law that applies to the issue–constitution, statute, legal principle, court decision, etc.


• ANALYSIS–CASE LAWCase law that illustrates the application of the rule of law to the facts–citation, summary of facts, applicable rule of law, principle (or test, etc.) from case


• ANALYSIS–APPLICATIONHow the rule of law, principle, or test from the court case applies to the client’s case


• COUNTERANALYSISCounterargument(s) to the position taken in the analysis


• CONCLUSIONSummary of the entire memo–brief summary of law presented and how it applies

• RECOMMENDATIONSComments, next steps, etc.

Unit Eight Assignment

Legal Memorandum Draft a legal memorandum discussing the legal issues in your client’s case. Use the client interview material from t unit 4 assignment,, the statutes from the unit 2 assignment and the cases from the unit 3 assignment. These are all located in DocSharing).

Legal Memorandum

Draft a legal memorandum discussing the legal issues in your client’s case. Use the client interview material from the unit 4 assignment, the statutes from the unit 2 assignment and the cases from the unit 3 assignment. These are all located in DocSharing).

Use only the statutes and cases provided in as authority. DO NOT do any outside research for this memorandum.

Make sure that your complete memorandum includes the following sections:

Statement of the Facts

Issue

Rule of law

Analysis

Conclusion

New Mexico Statutes Annotated, § 51-1-7

§ 51-1-7. Disqualification for benefits

A. An individual shall be disqualified for and shall not be eligible to receive benefits:

(1) if it is determined by the division that the individual left employment voluntarily without good cause in connection with the employment. However, a person shall not be denied benefits under this paragraph:

(a) solely on the basis of pregnancy or the termination of pregnancy;

(b) because of domestic abuse evidenced by medical documentation, legal documentation or a sworn statement from the claimant; or

(c) if the person voluntarily left work to relocate because of a spouse, who is in the military service of the United States or the New Mexico national guard, receiving permanent change of station orders, activation orders or unit deployment orders;

(2) if it is determined by the division that the individual has been discharged for misconduct connected with the individual's employment; or

(3) if it is determined by the division that the individual has failed without good cause either to apply for available, suitable work when so directed or referred by the division or to accept suitable work when offered.

Supreme Court of New Mexico.

Zelma M. MITCHELL, Plaintiff-Appellee,

v.

LOVINGTON GOOD SAMARITAN CENTER, INC., Defendant-Appellant.

Mitchell v. Lovington Good Samaritan Center, Inc., 555 P.2d 696 (N.M. 1976)

Mitchell v. Lovington Good Samaritan Center, Inc., 555 P.2d 696 (N.M. 1976)

What are the proper Bluebook citations for the other two cases from

Unit Three?

What is the Proper Bluebook citation for the New Mexico statute we are

using?

§ 51-1-7

Remember not to do any outside research. Concentrate on your

writing and make sure you label the sections of your legal memorandum.

Have a great week and remember to post to the DB early and often.

Documents

Welcome to Unit Eight Enjoy the music and we will start at the top of the hour