PA 205- Unit 7

1. PA 205- Unit 7 Outlining & Organization

2. Large Scale v. Small ScaleOrganization • Perform a Large Scale Organization of your paper first. • See Chapter 4 in Shapo. • Determine how many separate legal issues you are going to discuss. • Remember, no more than 3 issues for the Final Memo.

3. Large Scale Organization • Think of this as a view of the paper from outer space.

4. Example: Large Scale Organization for the Complete Final Memo • Statement of Facts • Questions Presented • Short Answers • Applicable Statutes • Discussion • Conclusion

5. Example: Large Scale Organization for the Discussion Section • Introduction • Issue Number 1 (e.g. Intoxication) • Issue Number 2 (e.g. Undue Influence) • Issue Number 3 (e.g. Damages under the statute referenced in Bibe Memo) • Conclusion

6. Small Scale Organization • After you have created the Large Scale Organization, fill in each section with greater detail. • The detail for each section will come from basic paragraph format structure and from the cases and the Bibe Memo in Doc Sharing. • See Chapter 5 in Shapo.

7. Small Scale Organization • Think of this as a magnification of the view from space.

8. Example: Small Scale Organization (Paragraph Structure) • The Introduction and Conclusion outlines for the discussion section may be easier to write after you have created the outlines for each legal issue. • The Introduction and Conclusion will take their form based on the traditional structure of paragraphs.

9. Example: Small Scale Organization (Paragraph Structure) • Topic Sentence (1 Sentence) • Supporting Sentences (3-5 sentences) • Concluding Sentence (1 sentence) • http://lrs.ed.uiuc.edu/students/fwalters/para.html • Remember, a paragraph should be around 5-7 sentences. • The above applies to both the Introduction and Conclusion of your discussion section.

10. Example: Small Scale Organization (Cases and Memo) • The detail for each legal issue will come from the cases and statute from Bibe Memo. • See pages 143 and 154-156 in Shapo.

11. Example: Small Scale Organization (Cases and Memo) • The General Structure for each legal issue: • Identification and explanation of the applicable rule of law (taken from case or statute) • Examination of how the rule is applied in the relevant precedents (i.e. give enough relevant facts from the case you are taking the precedent from).

12. Example: Small Scale Organization (Cases and Memo) • Application of the law to the facts of your case and comparison with the precedents. This is where you would use both analogizing and distinguishing. • Presentation and evaluation of counter-arguments • Conclusion

13. Example: Small Scale Organization (Cases and Memo) • The following is an example using the Guidici case: 1. Identify the rule from a case or statute: “A person who at the time of making a contract is completely intoxicated may avoid his contract notwithstanding the fact that his intoxicated condition may have been caused by his voluntary act and not by the contrivance of the other party to the contract. ..."

14. Example: Small Scale Organization (Cases and Memo) • “In Guidici v Guidice, citation, ….” • “Similarly, in the Bibe case, Mr. Bibe was also drinking at the time he …. “However, in the Guidici the plaintiff had been drinking from ten to to weeks prior to the signing…” • “Other court has held that …” • “On balance, a court will likely find…”

15. Putting It All Together The following is an example of a combined large scale and small scale outline for the final memo: • Statement of Facts A. Topic Sentence: “You have asked me to research….based on the following facts…” B. Relevant Legal Facts Paragraphs from the Bibe Memo • Questions Presented A. Legal Issue 1 B. Legal Issue 2 C. Legal Issue 3 • Short Answers A. Short Answer 1 B. Short Answer 2 C. Short Answer 3

16. Putting It All Together (cont’d) • Applicable Statutes A. Quote the relevant statute from the Bibe memo using proper Bluebook citation format. • Discussion A. Introduction 1. Topic Sentence “There are 3 legal issues that must be considered…” 2. Supporting Sentences 3. Concluding Sentence

17. Putting It All Together (cont’d) B. Legal Issue 1 (e.g. Intoxication) 1. Identify the rule from a case or statute: “A person who at the time of making a contract is completely intoxicated may avoid his contract notwithstanding the fact that his intoxicated condition may have been caused by his voluntary act and not by the contrivance of the other party to the contract. ...“ 2. “In Guidici v Guidice, citation, ….” 3. “Similarly, in the Bibe case, Mr. Bibe was also drinking at the time he …. “However, in the Guidici case, the plaintiff had been drinking f rom ten to to weeks prior to the signing…” 4. “Other court has held that …” 5. “On balance, a court will likely find…”

18. Putting It All Together (cont’d) C. Legal Issue 2 1. 2. 3. 4. 5. D. Legal Issue 3 1. 2. 3. 4. 5. E. Conclusion of Discussion Section 1. Topic Sentence 2. Supporting Sentences 3. Concluding Sentence

19. Putting It All Together (cont’d) • Conclusion / Recommendations based on entire memo (1 short paragraph) “Based upon the facts, applicable statute and relevant case law…..”

20. Questions?