- Construct a Legal Memorandum
- For this assignment you will be constructing a Legal Memorandum. You will need to draft the Questions Presented/Issue, Short Answer, an engaging Fact Statement using relevant facts, and Rule based on the facts provided and the cases you analyzed in weeks 3 and 4. You also will need to include sections for Application and Conclusion, which should weave together your IRAC analysis and distinctions from weeks 3 and 4. In the end, you should have drafted an effective legal memorandum explaining the liability of the Lucky Duck and any potential outcome of a lawsuit against the Lucky Duck for the injuries caused to Mindy.
- As a reminder, the following is your set of facts:
- Steven owns a bar, The Lucky Duck. The Lucky Duck employs five bartenders, all of whom he has provided training on mixing drinks and general employment issues. It also employs a security person on weekends, when the patrons are a bit rowdier. The Lucky Duck has posted signs in the restroom giving patrons the phone number for local cab companies in the event they are too intoxicated to drink home.
- One Saturday night, Michael went to The Lucky Duck with a group of friends to celebrate his promotion. His group of friends was ordering rounds of shots from all the bartenders, and large beers all night, toasting to Michaelâ€™s recent success. As the night went on, the group became more intoxicated, and rowdier. At 1am, one of the bartenders, Melissa, told Michael that it was his â€œlast round,â€ as he was staggering when he walked up to the bar. After finishing that beer, Michael had his friend go buy him another beer from a different bartender, Sally. Shortly after he finished his last drink, Michael decided that he was ready to head home. Security watched as Michael walked out towards the parking lot, muttering â€œwhat a drunk.â€
- On his way home, Michael ran a stop sign and ran into Mindy, who was driving home from a late shift as a nurse at the local hospital. Mindy was severely injured with a concussion, fractured ribs, internal bleeding, a broken arm, and lacerations to her face and hands, and contusions where her seatbelt dug into her. Mindy was forced to take several months off work to recover, and her hospital bills were large.
- Mindy sought out an attorney, who told her that she should sue Michael. Michael however, lost his job after the accident, and was drowning in debt. Therefore, the attorney told Mindy that she should also sue The Lucky Duck for overserving Michael.
- You are free to re-review the cases from weeks 3 and 4, and should incorporate any feedback youâ€™ve received regarding your previous analysis.
- Your final assignment should be formatted as follows:
- Provide a Heading/Caption
- Drafted Questions Presented/Issue
- Provide a Short Answer to the Issue(s)
- Draft an effective, engaging Factual Statement
- Provide the Rules/Law
- Draft the Application/Analysis
- Provide your Conclusion
- Your assignment should have proper spelling and grammar throughout, with citations to cases in proper Bluebook form.