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Unit 6 Seminar Statement of Facts Question Presented Short Answer

Unit 6 Seminar Statement of Facts Question Presented Short Answer.

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Unit 6 Seminar Statement of Facts Question Presented Short Answer

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  1. Unit 6 SeminarStatement of FactsQuestion PresentedShort Answer

  2. Unit 6 Written AssignmentThis week's Written Assignment is related to your Final Project. You will identify the legal issue(s) and compose a statement of facts for the Bibe case.This is a closed universe assignment, which means that the research has already been done for you. Again, your task is solely to identify the legal issue(s) and write the statement of facts.

  3. What are the “Issues”? Legal issues are the questions of law that must be researched and analyzed in order to apply existing law to a fact set. For the assignment this week, you will be identifying the legal issues that must be considered in the Bibe situation.

  4. What are the “Issues”? Don’t confuse the issues with the general questions that establish the cause of action. For example, in the Bibe case, Mr. Bibe has asked for advice regarding his responsibilities regarding the contract he signed. He hasn’t breached the contract yet. He hasn’t asked whether the contract is valid. He has simply asked for advice.

  5. What are the “Issues”? The facts and existing law will direct you to the issues. Because you already have the existing law applicable to the case – the statute and five cases in doc sharing – you know that the issues will be focused on two primary subjects: The effect of Bibe’s consumption of wine on his ability to understand that he was signing a contract to purchase the coffee shop, and the possibility that Lotts’ actions constitute undue influence or fraud.

  6. What are the “Issues”? But those subjects are broad. The legal issues are specific questions that must be addressed, to determine how the law applies to the facts in this particular case. The best issue statements are phrased as questions that can be answered “Yes” or “No”. The explanation of the answer will be provided in the analysis section of the memo. The short answer merely provides a very brief explanation of the rule of law on which the “yes” or “no” answer is based. Some lawyers even prefer that the short answer be simply yes or no, without explanation. You should identify the primary issues, not attempt to identify the more detailed issues that may become apparent as you apply the rule(s) of law from the cases. Remember that we have a statute also. Are there issues regarding statutory interpretation, due to our facts?

  7. What are the “Issues”? For example, the statute provides, in part: “A person entirely without understanding has no power to make a contract of any kind…” Thus, does it seem that there is a legal issue regarding whether Bibe was “entirely without understanding” when he signed the contract?To analyze the issue in order to suggest the answer, it will be necessary to compare the facts in the Bibe matter with the facts in the cases. That will be the basis of the analysis with respect to the issue.

  8. What is the “Fact Statement”? The memorandum of law must be clearly understandable to anyone who might read it. Even though all of the facts of which you are aware were provided by the lawyer to whom the memo is directed, it is important for you to provide a clear statement of the facts, so that the lawyer – or anyone reading the memo – can understand the background for your analysis. Don’t assume that the reader will already be familiar with the pertinent facts.

  9. What is the “Fact Statement”? But it is also important to be concise and brief in stating the facts. The Bibe memo contains many facts that are unimportant to the analysis of Bibe’s obligations with respect to the contract. Facts that have no bearing on the issues being analyzed have no place in the statement of facts. For example, does it matter that Lotts went out to his car to retrieve the business records? Would it have made any difference had he taken them out of a briefcase that he had in the restaurant with him?

  10. Assignment Format Your assignment should look something like this: Statement of Facts: A brief paragraph identifying the legally relevant facts. DO NOT SIMPLY INCLUDE ALL OF THE FACTS FROM THE BIBE MEMO! Issues: Issue 1: The first issue Issue 2: The second issue Etc… Short Answer: Issue 1: Yes or No, plus a very brief rationale. Issue 2: Yes or No, plus a very brief rationale. Etc…

  11. Questions?

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