Questions We Can Help You To Answer

Paper instructions:

Prompt 

We  (the firm of Alter & Piper) represent Gloria Watson in the current litigation. We just read Spidey Web's brief, and the legal team at Alter & Piper LLP, now representing Gloria has broken out the reply brief. Your group has been asked to:

•re-read pages 20-35 (Argument, Part II) of Spidey Web's brief  (in Course Materials) very carefully and
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• write a short MEMORANDUM focused on our client's best arguments for one question:whether Gloria's transfer was similar to a constructive demotion.





Your boss saw the argument that Spidey Web made and has asked you whether we have any argument that the transfer was similar to a constructive demotion. He asked that you use the Sharp v. City of Houston case cited in the Table of Authorities in the brief (under Course Materials) to find the Rule for constructive demotion.


Guidelines



•Write a short IRAC answer on the issue of whether Gloria's transfer was similar to a constructive demotion.  Do not discuss other unrelated issues. 
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•Include a summary of facts section at the beginning of your brief. Remember to structure the facts to tell your client's story, while remaining absolutely truthful.You should spend one or two paragraphs maximum on the statement of the facts, and write them differently than Spidey Web wrote them. Battle for your client and try to make her sound like the side with the better story.
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•You must use the rule from the Sharp v. City of Houston case in your argument. You can find the  full name and citation for that case in the Table of Authorities of Spidey Web's brief. That brief is titled Nassau 2015 Brief Original FINAL in the "Course Materials" section of this TWEN site. 
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•Other cases besides Sharp: You may use other cases that you think can help your client. However, you can receive a top score if you just use Sharp, so do not feel obligated to use additional cases.
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•Format: Write an inter-office memorandum to Managing Partner Joshua Alter (heading), and spend one paragraph introducing the memo (e.g., This memo addresses research on issue X. Briefly, the best argument is ABC.).
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•Length: Anywhere from 2-4 pages, depending on how much analysis you would like to give.



Characteristics of a successful IRAC: 



•This is your opportunity to demonstrate how far you have advanced this semester. You should use your knowledge from IRAC #1 and #2 and the information from the counterarguments lecture and other lectures on effective legal writing.
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•Include a counterargument: You should respond to Spidey Web's main legal argument. You will receive points based on how well you respond to the counterargument.
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•Focus on the sole issue you were assigned.  
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•Show your organization: Stick to FIRAC. Use good headings for different sections of your paper. Use clear transitions between ideas. 
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•Compare our case to favorable cases. Distinguish our case from unfavorable authority in your counterargument.  
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•Show your analysis! Don't just write facts and conclusions. Write reasons for our client's argument under the law.