Legal Writing 1法律英语写作(外教的课件).doc

学习资料收集于网络，仅供参考SDU LEGAL WRITING FALL SEMESTER 2009CLASS ASSIGNMENT (Sept. 7th WEEK 1)Client Letter I Assignment #1: Client Response Letter Objective: Intro to IRAC format / Legal Analysis / Letter form Due Date: Class Week 2 Exercise: Drafting a Professional Legal Client Letter Due Date: September 14, 2009 Application: Professional writing and critical legal analytical skillsMaterials: China Daily article / hypothetical facts / IRAC format / Writing template Assignment: Using the information below, create no longer than a 1 page legal letter to the CEO of Green Apple. Court launches website showing who hasnt paidBy Xie Chuanjiao (China Daily)Updated: 2009-03-31 14:47A new website will allow the public to find out who has failed to pay up after losing civil cases in court.The new service lists more than 5.24 million verdicts handed down by 3,484 courts. In 1.44 million of those cases the verdicts have yet to be carried out, said Jiang Bixin, vice-president of the Supreme Peoples Court (SPC).Figures suggest the number of civil and commercial cases that need to be forcibly carried out has been on the rise in recent years, Jiang said.The public can log on to /search/ and search individuals and groups to see if they have any pending obligations from civil court rulings nationwide, Jiang told a press conference yesterday.Prior to the online service, members of the public who wanted to search civil cases had to submit paper-based enquiries to local courts.An online platform is the most direct and effective method for the public to learn the results of court rulings nationwide, Ren Jin, a law professor with National School of Administration, told China Daily.An individual will face moral and mental pressure and even lose employment and economic opportunities for poor credibility if he or she fails to carry out a court ruling, Ren said.As the global financial crisis expands, it becomes more important to establish a system of credibility to prevent and resolve social and economic crises of all kinds, Ren said.The online platform will help lower risks of market management and solve problems from the start, Ren added.The failure of the courts to enforce verdicts on civil cases has been a significant challenge for the countrys judicial system, with many litigants possessing limited awareness of legal proceedings and refusing to fulfill their legal obligations, Jiang said.The fundamental reasons lie in the lack of a deterrence, Jiang said.Those refusing to comply with court rulings should face heavier costs in their morality, creditability and property than the costs of an enforcement.The website is a prelude to a systematic improvement of the enforcement of court rulings nationwide.Further cooperation with sectors of banking, industry and commerce registration, exit and entry departments and property management departments to jointly crack down against violators are in the pipeline, Jiang said.Those failing to complete court rulings will not get loans, have their businesses registered or be able to leave the country, Jiang said.Such a joint deterrent system in the future will unite all social forces to impose sanctions on the violators, helping establish an effective credibility system, Jiang added.As there are many details yet to be worked out, such as how to restrict the litigants and how to remove restrictions after an effective enforcement, there is not a specific timetable for a formal operation of the joint deterrent system, according to Huang Nian, an official with SPCs court ruling enforcement bureau.Hypothetical Facts: You are the attorney for Green Apple Corp. which has been ordered by the court to pay 1,000,000 rmb for a breach of contract. They blame you for incompetence and blame the court for unfairness in its decision and are unwilling to pay. Green Apples headquarter and the majority of their business is in Hong Kong. They want to know their legal options and consequences if they do not pay. On the next blank page, using the article and below information, please create a legal letter to Green Apples CEO addressing Green Apple Corp.s above concerns. Green Apple Corp. Blue Apple Inc. v. Green Apple Corp. 123 Baozi Lu, Floor #16 Beijing Superior Court, Case No. 423Beijing, China 555009Verdict: For the Petitioner (Blue Apple Inc.) CEO: Frank WhittlemanVerdict Date: August 1, 2009 Damages Awarded: 1,000,000 rmb to be paid in full no later than August 1, 2010 IRAC: Legal Analysis and Writing Format: I - Issue (What are the clients concerns and what do they want?) 1st R Rule (What are the laws, court rules and/or administrative procedures that specifically affect the clients concerns?) 2nd A Analysis (Apply the law or rule to the clients concerns, analyze the outcome as related to the clients concerns.) 3rd C Conclusion (What is your legal decision as to what action your client should take?) 4th Writing Template Example ONLY:Chiu and Year 3 Law Firm Address: 123 Big Road, Jinan, China Phone: 123-4256-9332August 8, 2009 Micropower Corp. Johnny Lu, President35 Engle Road, Building #3Anywhere, U.S.A. 55423Re: Sally Reynolds July 7th Meeting Dear Mr. Lu: In our last meeting, you wanted to know whether you will be legally liable for firing Sally because she is 70 years old. Employment law in the U.S. only makes you legally liable for elder discrimination IF you have a contractual employer-employee relationship. You can, however, terminate any employee for any reason if they are an “at-will” employee. Since you hired Sally as an “at-will” employee and without an employee contract, you can fire her for any reason and without cause. Some may question the practical and ethical outcome of you terminating Sally simply because she is older. However, as the boss, you can make your own business decision regarding Sallys status in your company without fear of legal liability or legal action being taken against you. Please feel free to contact me if you have any further questions regarding this matter. Respectfully, Arthur Chiu, Esq. Cc: Year 3 law students FINAL NOTE: For this writing assignment, I am not concerned about your research regarding the law. Use common sense and the background knowledge you already have in law to decide what to write to your client. For grading and teaching purposes, I am more interested in your analysis and application of whatever law you decide to apply with the facts and how you express said analysis and application in your writing. Thank you. SDU LEGAL WRITING FALL SEMESTER 2009CLASS ASSIGNMENT (Sept. 14th WEEK 2)Caselaw BriefingAssignment #2: Reading Materials: Teachers Client Response Letter & Caselaw Briefing Objective: Reading Court Opinions / IRAC Format Due Date: Class Week 3 1. Read and review the case of England v. S&M Foods, Inc., “How to Brief a Case” and example case brief. tort battery /classwork/Briefing%20Cases/HOW%20TO%20BRIEF%20A%20CASE.pdf2. Read and review teachers client response letter below: Chiu and Year 4 Law FirmAddress: 123 Big Road, Jinan, PRC 100034Phone (+86) 123421234September 18, 2009Frank Whittleman, CEOGreen Apple, Corp. 123 Baozi Lu, Floor #16Beijing, China 555009Re: Blue Apple Inc. v. Green Apple Corp., Beijing Superior Ct., Case No. 423Dear Mr. Whittleman: Regarding the recent court decision made against you I understand that this is not a favorable outcome for you. If has come to my attention that because you feel you had incompetent counsel and/or that the court treated you unfairly you believe you have grounds for an appeal. Further, you are considering not paying the judgment against you. I feel that attempting an appeal and/or not paying the judgment is a misguided decision and I will explain why in this letter. First, I disagree with you in your consideration of an appeal. An appeal IS NOT a new trial. An appeal is a review of the trial based on the trial court records to determine if the correct laws and legal procedures were applied. If the laws and related procedures were applied correctly, then the Appeals Court will generally not “second guess” the Superior Courts reasonable analysis of said laws. As an experienced attorney, I am confident your argument that the court treated you unfairly would be disregarded by the Appeals Court. Upon review of the court records, the Appeals Court would find that the Superior Court followed all procedures and applications of the law correctly. Additionally, your belief that you have grounds for an appeal based on incompetent counsel is erroneous. I assure you that all prudent measures were taken and applied in your defense. You would not have received better legal service or advice from another law firm acting as your counsel and the court judgment would not have differed under another law firm. Since the judgment was a result of the Superior Courts proper use of the law, the Courts analysis and application of said law was within reasonable bounds and follows obvious legal precedent, and since you were afforded all procedural rights and a full defense under the law, your chance at succeeding in Appeals Court is minimal and highly unlikely. Second, I would advise against not paying the judgment. Currently, a procedure is in place to record all non-paid judgments against a defendant on a public website. This makes your non-paid judgment public knowledge and the negative perception it will create of your company by the public will cause more harm to your business than paying the judgment. In addition, though your primary place of business is in Hong Kong, it does not mean that you are untouchable. Under the Foreign (Mainland) Judgments (Reciprocal Enforcement) Ordinance (Cap 310), if you dont pay the judgment, the Plaintiff will be able to pursue a recognition and enforcement of the Beijing judgment in Hong Kong. Should the Plaintiff succeed in this action, the Hong Kong parent company will be liable and its assets will be susceptible for the money judgment in Beijing. Further, based on your current business in Beijing, it seems likely that your company will want to continue to pursue business opportunities in Beijing and possibly other areas of China. This will not be possible with an outstanding judgment against you. Last, if you do not pay the judgment within the time proscribed by the court, you put your company at further risk which can result in further monetary penalties and/or possibly criminal charges and jail time if you are found to be personally liable for contempt of court as CEO of the company. This will severely jeopardize the future of your subsidiary and the parent company much more than having to pay a nuisance amount of 1,000,000 rmb which can be written off in one business quarter. As your attorney, I recommend that you not waste your companys valuable time or money on an appeal that you will not win. I also recommend that you pay the judgment before the payment date expires. You and your company would be served best to resolve this issue so that you can move forward and go back to making your company a successful business. It makes no practical, business or legal sense to further put your company in harms way. Rather, paying this small judgment, respectively, allows you a sure way to mitigate yourself and your company from any further damage and future loss. Please do not hesitate to contact me if you wish to discuss this issue further. Respectfully, Arthur J. Chiu Cc: Year 4 studentsAssignment #2: Caselaw Briefing Objective: Reading Court Opinions / IRAC Format Due Date: Class Week 3 1. In class, students will choose and divide into groups. Each group will designate a leader and a group name.2. Using the provided website links, each student will print out the following court opinions: a. Siegneur v. National Fitness Intstitute, Inc. contract law /jkozlows/waivmd00.htmlb. MacPherson v. Buick Motor Co. tort law /fast/boardmaw/PacPhrsn_Bu.htmlc. Walkovsky v. Carlton corporate law /wiki/Walkovszky_v._Carlton 3. Each student will read the cases taking notes for comprehension4. The group leader will designate times or the group to meet and answer the following questions for each of the case above: a. What are the facts? b. What is the issue? c. What is the rule of law? d. What is the courts decisione. What is the courts analysis? f. What is the courts dissent (if any)? g. What are the legal implications of this courts precedence? 5. The answers (a-f) for each case should total no more than 2 pgs. Each. Group leaders will turn in the groups answers in the Week 3 class and students should be prepared to discuss. Note: Comprehension and analysis of these cases are necessary for the completion of the following weeks writing lecture and exercise. SDU LEGAL WRITING FALL SEMESTER 2009CLASS ASSIGNMENT (Sept. 21st WEEK 3)Client Letter II & Textbook Reading Assignment #1: Client Response Letter II & Textbook Reading Objective: Applying Multiple Legal Analysis w/ Persuasive Authority Due Date: Class Week 5 I) INDIVIDUAL TEXTBOOK READING ASSIGNMENTS: (due next class) 1. Read Chapter 3 Writing a Summary (pgs. 47-61) *review and discuss some of the examples given in exercises II-1 through II-11 in your assigned groups. Do not turn in Exercises. 2. Read Chapter 6 Writing Business Letters (pgs. 95-103) *review and discuss some of the examples given in exercises V-1 through VI-3 in your assigned groups. Do not turn in Exercises.2) GROUP WRITING ASSIGNMENT: (due next class) Using the reading assignment, in-class discussions and the 3 cases you read and briefed (i.e, Walkovszky, Seigneur & MacPherson) as your legal basis, use the following hypothetical scenario to complete a client business letter. This writing assignment will be completed in your already assigned groups. How the letter will be written by the group will be the groups decision. Each group will turn in ONE completed business letter. The completed letter will be NO MORE than 4 pgs. HYPOTHETICAL SCENARIO: Mr. Jones, President and CEO of Feel Good Massages, Inc. is your client. Feel Good Massages offers a full range of massage services by licenses massage therapists using the latest in advanced massage machinery. Feel Good Massages, Inc. is headquartered at 532 Dreamweaver Ave., Chicago, IL 66304. Mr. Jones plans to open 200 stores around the U.S. by June 2010. Mr. Jones is considering making all individual stores around the U.S. as wholly owned and fully funded subsidiaries of the parent company. Further, all individual store will be operated under the name Feel Good Massages. In addition, Feel Good Massages intends to manufacture and sell this patented massager named the “Feel Better Body Massager (FBBM)” in all their individual stores:Note: The FBBM is made of 3 separate components and an electrical heating coil. The 3 exterior components and attachments will be manufactured by Feel Good Massages. The electrical heating coil will be manufactured by Electric Parts, Inc. but will be assembled by Feel Good Massages. The handle has a sharpened edge which is attached to the main head but can be detached by the user. In testing completed by Feel Good Messages Research Department, the handle has heated to over 38 degrees Celsius when left on for over 5 hrs. Jones is worried about his companys liability for negligence. He would like to know your legal opinion on the following: 1) How is “negligence” defined in the context of employees actions? What are examples of negligent acts by employees that could incur legal liability? 2) Under their current business model, would the parent company of Feel Good Messages, Inc. be liable for employees negligent acts committed in individual stores? 3) Contractually, is there a way to protect or shield each individual store and/or the parent company from liability for employees negligent acts? If so, can you write an example of contractual language that would offer his corporation protection from said negligent acts?4) Regarding the FBBM, what is his corporations “duty of care” related to potentially defective parts in the massager? 5) What can Feel Good Massages, Inc. do in the manufacturing or selling of the FBBM to protect and successfully defend itself from a defective product negligence lawsuit? 6) In a few short sentences for each example, give your legal summation regarding Feel Good Massages liability in the following examples: What if the purchasers hand is burned by the massager because they left it on for 5 hrs? What if the purchaser detaches the handle and pokes their eye out? What if the purchaser uses the massager as a “heater” when they are sleeping and get injured? What if the purchaser gives the massager to their baby to use as a toy and the baby gets injured swallowing one of the massagers attachment pieces? GRADING CRITERIA: i) Use of English Grammar and Template Format and Clear Organization 1 letter grade; ii) Legal Analysis based on court opinions and precedent: 1A) Def. of Neg. / 1B) Ex. of Neg. pertaining to client / 2A) Summation & Elements of Parent Corp. Liability Piercing the Corp. Veil / 2B) Conclusion / 2C) optional- Alternative to current business model / 3A) Summation & Elements of