Drafting Assignment – Memorandum of Law

In this assignment, you will have to conduct some legal research and draft an answer as though you were presenting information to an attorney for whom you work. Please make certain you read the instructions carefully, and complete all aspects of the project in order to receive full credit.

Our client, Jacob Brown, is mad at his ex-girlfriend, Bella Goose and her boyfriend, the Vampire Edmund Callen. Jacob was madly in love with Bella, but she dumped him and broke his heart. He doesn’t want to fight Edmund since Edmund is a Vampire and could drain his blood, so he would like to sue Bella in court for breaking his heart. He does some internet research and finds that some states have a cause of action called heart-balm. He also believes that the promise ring he gave Bella constituted a binding contract to “stay together forever” and he wants to sue her for its return under a breach of contract cause of action.

Assignment:

Please prepare a 3 to 4 page memorandum of law discussing whether or not Jacob can successfully sue Bella for heart-balm and breach of contract.

Make sure you analyze this issue from both perspectives.

To receive full credit, you must use at least 5 relevant state cases or statutes. Select any state of your choice and use that state’s law only. Remember to follow appropriate citation rules for all authority you use. You must cite all law properly.

Use the Memorandum of Law Formatting Guide uploaded under Tasks and Information/Course Resources to format your memo. Use the FIRAC method to analyze the cases you discuss in the memo.

Grading Rubric

Issue Section = 5 points

Brief Answer = 10 points

Facts = 5 points

Discussion = 25 points

Conclusion = 5 points

Use 5 Original Sources = 25 points

Proper Citation = 15 points

Grammar/Punctuation etc. = 10 points

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Completed Project 100 points*

*This rubric is a maximum number of points available per component. You will earn the maximum points per component if the component is presented thoroughly and professionally. Mere inclusion of a component in your memo does not mean you are automatically entitled to all the component points.

YOUR ASSIGNMENT SHOULD BE AS FOLLOWS:

•Double-spaced
•Times New Roman (12) font
•One-inch margins all around
•Please include a citation page of your sources (this is not included in the 3 – 4 page paper).
•You must include citation to legal authority in your paper. All cites should be in Blue Book form (Please see the tab on the left of the screen of the homepage for the course on “Legal How Tos, go to “What is a bluebook,” and click on the site provided. The site provides all the information on how to cite various court opinions, primary sources and secondary courses).

NOTE: Wikipedia is NOT an acceptable source due to the fact that it can be changed by almost anyone with a computer. You should use Westlaw, as well as any other source provided on the Online Law Library. If after using both, you still have trouble locating authority, please let me know well before the due date of the project.

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