should not complete any outside research in this matter and consider only the enacted law (Constitutional Law given) and the Case Law given.
Students should assume for purposes of this assignment that all given law is good and valid current law and that nothing has been overturned or has subsequent negative treatment.
Format:
3-4 pages in total length
Times New Roman
12 point font
1-inch margins all around
double-spacing.
Pages must be numbered
student’s name should be in a headnote for all pages.
No works cited is necessary for this document, however cases and statutes must be properly cited throughout the Memorandum when relied upon and referred too.
text : Legal Research, Analysis, and Writing , 4th Edition
Heading:
The Office Legal Memo must contain a proper legal heading as illustrated in the examples in our textbook in Chapter 16 (page 452). The third/bottom example of headings is preferred for this assignment (Office Legal Memorandum) but any of the three (3) examples given will be acceptable format.
Organization:
Students should best prepare for this assignment by completing an expanded outline and employing the IRAC methodology throughout their Analysis section(s). The basic organization for this assignment is discussed and illustrated on page 450 of our textbook.
For Example:
• Heading
• Statement of Assignment (not necessary but no penalty if included)
• Issue
• Brief Answer
• Statement of Facts
• Analysis
o Rule of law
o Case law (if necessary) interpreting the rule of law
o Application of law to facts of case
o Counteranalysis
• Conclusion
Additional examples of Office Memos are contained in Appendix B of our textbook on pages 588 and 592). Chapter 16 and 17 should be referred to for assistance with the completion of each section of the memo as they discussed proper organization, paragraphing, transitions etc.
Facts/Law:
All of the facts and law for this assignment are contained within our textbook in Chapter 17 and Appendix A. Students will rely on the facts and law given in Chapter 17 – Assignment 4, New Mexico v. Deiter; lawfulness of search of freezer. The Constitutional Law given is Article 2, Section 10 of the New Mexico Constitution and the case law interpreting is New Mexico v. Zamora, 2005-NMCA-039, 137 N.M. 301, 110 P.3d 517 (located in Appendix A on page 560).
No outside research or independent law may be relied upon in the completion of this assignment.
Citations: The full case citation should be used when first referenced and after that, shorthand citations may be used throughout.
Case Law:
New Mexico v. Zamora, 2005-NMCA-039, 137 N.M. 301, 110 P.3d 517
If you are using other cases mentioned in Zamora throughout that opinion, you will follow the same format as above (Zamora).
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