DUE SEPTEMBER 21ST 2022
In this assignment, you will have to conduct some legal research and draft a Memorandum as though you were presenting information to an attorney for whom you work. Please make certain you read the instructions carefully and complete all aspects of the project to receive full credit.
Our client, John Doe owns a home with an in-ground swimming pool in his backyard. The pool area is surrounded by a 4-foot-high chain-link fence. The backyard itself does not have any other fencing. One day, several months ago, one of the neighborhood children entered the pool area, uninvited, through an unlocked gate. The child is 10 years old and knew he was not allowed to be in the pool area without adult supervision. There was no one home at the time, and the child slipped near the edge of the pool and hit his head. He is now permanently brain-damaged and confined to a wheelchair for the rest of his life. The child’s parents sued John for negligence.
Assignment: Please prepare a 3 to 4-page memorandum of law discussing whether John is liable for the negligence.
Make sure you analyze this issue from both perspectives (plaintiff and defendant).
You must use at least 5 relevant state cases and statutes (at least 2 cases must be used). Select any state of your choice and use that state’s law only. Remember to follow appropriate Bluebook citation rules for all authority you use. You must cite all laws properly.
Use the Memorandum of Law Formatting Guide uploaded under Getting Started/Course Resources to format your memo. Use the FIRAC method to analyze the cases you discuss in the memo.
Issue Section = 5 points
Brief Answer = 5 points
Facts = 5 points
Discussion (Analysis) = 40 points
Conclusion = 5 points
Use 5 Original Sources = 25 points (5 points each)
Proper Citation = 10 points
Grammar/Punctuation/Layout, etc. = 5 points
Completed Project 100 points
**This rubric is the maximum number of points available per component. You will earn the maximum points per component if the component is presented thoroughly and professionally. The mere inclusion of a component in your memo does not mean you are automatically entitled to all the component points.
YOUR ASSIGNMENT SHOULD BE AS FOLLOWS:
Times New Roman (12) font
One-inch margins all around
Please include a citation page of your sources (this is not included in the 3 – 4-page paper).
You must include citations to legal authority in your paper. All cites should be in Blue Book form (Please see the Legal Help Center tab on the left of the screen of the homepage for the course. The site provides links to information on how to cite various court opinions, primary sources, and secondary courses).
NOTE: Wikipedia is NOT an acceptable source since it can be changed by almo