Texas State University Litigation Memorandum

Texas State University

Question Description

I need help with a Probability question. All explanations and answers will be used to help me learn.

This problem involves a critical comparison of opposing claims, analytical thinking, and problem-solving. For this pre-writing assignment, students will:

  • Demonstrate an ability to explain in plain language, the logic they used to address this problem and how it led to the answer they provide,
  • Demonstrate an ability to address the audiences described for this assignment using an appropriate tone
  • Develop key elements of the writing assignment demonstrating an ability to include the correct information in each part of the document and complete the writing in a clear and concise way.
  • Follow the instructions for organizing your document; Standardizing the assignment in this way will make it easier to complete peer reviews on each others' work.

Step 1: Problem Definition

Answer the questions below. Put the answers in your document as a second appendix.

  1. What problem you have been asked to address? This is not a statistics question, therefore the answer is not about performing a certain calculation.
  2. What is the objective or outcome this work should produce? Again, this is not a statistics question, and will not be answered with a statistical approach.
  3. a) What hypothesis test is appropriate for this problem? b) What does it let you know about the problem that can inform your decision?
  4. To who have you have been asked to address this memorandum?
  5. Who else is likely to read the memorandum as part of the litigation process?
  6. a) What is the addressee likely to need from reading the memorandum? (This is a critical thinking exercise, ask yourself what the addressees' responsibilities are and use that to think about what they need to know from you. If you are not familiar with this role lookup descriptions online. ) b) What tone is appropriate and how will you display it in your document?
  7. What is each of the other litigation participants likely to need from your document? b) What tone is appropriate and how will you display it in your document?

Step 2: Develop Key Elements

Download the Pre-Writing 3 Format Example. (attached with the question)

Using this sample document as well as the memorandum guide provided in the third assignment, develop the following memorandum elements. (Note: this is a different Memorandum Guide and format than you used on the first assignment.)

  1. Document Layout and Header. Format your document and develop a header and titles for the required sections. Complete the header content by reading the problem described below.
  2. Determine the Statistical Approach and Complete Statistical Analysis. To have the information necessary to complete the thesis statement you will need to complete the analysis and determine what your answer to the question posed will be. Include the calculations as the second appendix - 'Appendix B'.
  3. Question Presented. Develop the language for the Question Presented section.
  4. Brief Answer. Develop the language for the Brief Answer section.
  5. Facts. Develop the language for the Facts section.

For the deliverable for this assignment, submit one document: the memorandum elements first, followed by the appendices each element on its own page(s).

Problem Description

This problem description covers what your final memorandum will address. Not all elements of this problem will be addressed in this deliverable, so, be sure to read the assignment directions.

You are being brought in as an expert witness in a class action lawsuit - Tierney v. True Car Parts. Using your engineering background you are being asked to provide an argument as to the liability or not of True Car Parts for the design and production of their shafts used in fuel pumps currently in many automobiles from multiple manufacturers.

Shaft wear in excess of 3.50 could lead to catastrophic failures of a certain model fuel pump in extreme weather conditions. Engineers for the manufacturer of the shafts claim that the shaft wear is within acceptable limits. Lawyers representing a class action legal suit filed against the company feel that recent vehicle failures for vehicles with this shaft are due to faulty bearings causing abnormal wear and, thus, feel that the company should pay for the necessary vehicle repair and parts replacement.

The amount of shaft wear (in microns.) after a simulated mileage of 250,000 miles was determined for each of n = 45 fuel pumps having copper lead as a bearing material, resulting inx-1.png and s = 1.25. Use the appropriate hypothesis test at level .01 to determine if the shaft wear is within acceptable limits. Please state any assumption you have made, if necessary.

  1. Conduct the appropriate hypothesis test. What determined your choice of the alternative hypothesis? Whose claim would you support?
  2. Be sure to present in plain language the logic of your statistical approach clearly and completely to convince the Judge and jury of your position.
  3. Write your response as if you were presenting evidence as an unbiased expert witness.

Audience: Your document is addressed to the judge in the case - The Honorable Frida Harb, and copied (CC) to Michael Franks, Clerk of the Court

As the expert witness for this case, the jury who will be reviewing the case documents is an important audience even though they are not formally addressed in the document. This audience is assumed not to have the specific technical knowledge of the field the witness is explaining. The expert witness must persuade the audience of their expertise and their presentation of the case is the most credible assessment of the facts possible.

Officers of the court, legal advisories, and opposing expert witnesses are important secondary audiences, making it necessary to address any ideas that would counter your case and present why they do not disqualify your case.

Document: This document should present as a memorandum to the court in the case Tierney v. The True Car Parts Corporation.

Helpful link:

Unformatted Attachment Preview

How to Write a Memorandum for Litigation This document is based on CUNY School of Law webpages “Drafting a Law Office Memorandum1”. Many elements of that document have been used below, while others have been omitted for students who will not have access to the information required to complete the elements of law typically included in this type of document. INTRODUCTION Use this document as a guide to layout and structure your memorandum for litigation. The document has the following sections: introduction, general formatting, memorandum header, memorandum body format, memorandum body content, appendices, and visual support within the text. These sections will address how to set up the document and the type of content that must be included in each section of the document. GENERAL FORMATTING This section provides formatting information for your memorandum. If you do not know how to accomplish any of the formatting requirements, there are many good online resources, please consult them. Paper § Complete your internal business memorandum on 8 ½ x 11 inch plain white paper. § You should not use templates for the memorandum that include decorative graphics in the header and footer (i.e. do not use memorandum templates from word or elsewhere that have graphics or images in the header and footer). Margins & Page Footer § Set up the document with one-inch margins on all sides. § Place the subject line text of your memorandum in the document footer ½” from the bottom and 1” from the left side of the page. Make the title in the footer one font size smaller than the body text, to set it apart visually. Your inclusion of the title in the footer allows for reassembly of printed copies if pages get separated (see Figure 1) § Number pages in the margin ½ inch from the bottom 1” from the right side of the paper using the same size font as the body text. Font Style and Text Size § Use an easy to read and familiar font such as Times New Roman or Calisto (or other clean serif font). You should avoid unusual, unfamiliar, or difficult to read fonts that may make it harder for the memorandum’s audience to read the document. § Use 12 point font size, as it is a good size for readability of business documents. You may go down a point size if it helps you keep the last few lines of a memorandum from ending on a page alone. § Keep font size consistent in the document unless otherwise specified. How to Write a Memorandum for Litigation 1 MEMORANDUM HEADER This section addresses both the format and content of the memorandum header. This is the lead into a memorandum document NOT a page header, and appears only on the first page of the memorandum. The elements of the document header are: the addressee(s) (to), the writer (from), the date, and the subject of the memorandum. If needed an additional section may be included listing additional people or groups to which the memorandum will be sent. § First, is the primary recipient(s) and their title(s). List these one name and title per line. § Next is an optional line titled “CC” that lists people that are not primary recipients but will be sent copies of the document, with their titles. This may also name groups. Again, list them one name and title per line. Begin each name aligned vertically by setting a tab that allows this. § The next line is who the memorandum is from and names the person(s) and titles of the sender(s). § The next line is the date. Format this as month (spelled out fully), day, and year (see Figure 2) § The last line is the what the memorandum is in reference to written “Re”. This line must contain two things: the name of the litigant and a subject of the memorandum Each line is left-justified. Leave a line between “Memorandum” and the header, each part of the header, and the header and the body of the text. § You may include a line below the header that goes across the page margin-to-margin. An example of the title and header is provided in Figure 2. The lines in the example were created through the insert object/line function in word. The thickness of the line, making it double and making it black (if needed) can be done through the format object function. MEMORANDUM TO: Honorable Waya Thlocco CC: William Buckley, Clerk of the Court FROM: Marie-Elena John, Engineering Expert Witness DATE: February 10, 2019 RE: Mr Dabydeen’s claim of loss due to Bad Company negligence 1-inch margin All sides Figure 2: Memorandum Title and Header Example including Content Example MEMORANDUM BODY – FORMAT Section Titles How to Write a Memorandum for Litigation 2 § § Start sections of the body of the memorandum with titles on their own lines. Makes the titles easier to see by making them bold and/or underlined. If sections need subsections title them is ways that are visually distinct, but less so than the main titles (i.e. italicized) Widows and Orphans § Widows and orphans are terms used in document formatting. You need to be aware of these as you should NOT have them in your finished document. § Widows refers to titles at the bottom of a page where the information after them starts on the next page. § Orphans refers to one or two lines of a paragraph left at the bottom of the page with the rest of the paragraph on the next page. § You may set this up as a word rule but should also review your document after it is completely written and edited to make sure there are no widows and orphans. MEMORANDUM BODY - CONTENT Introduction Include at minimum the following sections in your memorandum: question presented, brief answer, facts, discussion, conclusion, and addendum. Any references are identified in foot notes in enough detail for the reader to know the document title, author(s), date of publication, and how to access the document if it is publicly available on line. summary, analysis, conclusion, and addendum. Question Presented § This section follows the header. § Present the subject of the memorandum as specific, objective question. Legal professionals word these questions to elicit a yes/no answer, sometimes with qualifications (e.g., Yes, under Florida law). § Include the name of the jurisdiction (e.g. Florida Second District Court). Brief Answer • This section presents the answer to the question. Facts • Provide the context and input information you have for this situation in this section Discussion • Start this section with a thesis statement that includes the question your answer. • In this section present: o The logic of how you analyzed the question, o Why this approach to reviewing the question is the best approach to use, and o What the outcome of your analysis was and how it lead to the answer you arrived at. How to Write a Memorandum for Litigation 3 Counterargument • Present any counterarguments those with a different opinion of the case will present along with why you do not feel they are valid. Conclusion In this section provide a summary of the discussion, counterargument, and answer. It can also identify additional information that could be sought to provide a stronger answer. APPENDICES § An appendix starts on a new page with the title “Appendix” and a letter with a title of the addendum (see Figure 3). § For this work include the mathematical analysis as an addendum. You may include an addendum with the raw data, or a summary of the raw data, if it is not included in the body of the memorandum. If you have additional research that you do not want to include in the body, but could be helpful to readers, it may be another addendum. VISUAL SUPPORT WITHIN THE TEXT (this content is required in your document, however the location and content is up to you to determine. Use visual support to enhance or make clearer what you are saying. Place it where it can be seen along with the text it supports as readers review both.) § Do not start your document with a graphic. § If you find you are using more than two sentences to present your data or analysis, consider the use of tables, graphs, or charts. § Leave two lines above and below the table, chart, or graph with its number and title and the body of the text. § Place the visual in the document where it can be seen at the same time as the text that refers to it (name the figure or table in the text). § Avoid saying a graphic is above or below where you discuss it, in case you need to move the location. § Be sure to include identification of all table and chart elements and a key where it is needed to identify the image or table. § Include and locate numbers and titles appropriately. 1 The structure and content of this section is based on the online “Drafting a Law Office Memorandum” webpage from CUNY School of Law (2018). Their directions are intended for communication within the legal profession, with many elements that require a knowledge and documentation of legal precedent. The elements that require knowledge of law case and legal system knowledge have been omitted from this structure. How to Write a Memorandum for Litigation 4 MEMOR ANDUM TO: Honorable Waya Thlocco CC: William Buckley, Clerk of the Court FROM: Mariaelena John, Engineering Expert Witness DATE: February 10, 2019 RE: Mr Dabydeen’s claim of loss due to Bad Company negligence Question Presented Under Florida law, was the Bad Company negligent in their use of cariogenic materials in product X resulting in cancer to user? Brief Answer Analysis of provided data indicates that Bad Company was negligent in the design of product X, providing exposure to cancer causing materials and resulting in cancer in the class bringing this suit. Facts In this section document the information provided for analysis of the case. Discussion In this section provide a plain language discussion of the context of the case, the logic of your approach to addressing the case, how you know this approach is valid, what you know from your analysis of the data and your finding. Counterargument In this section present the argument that the side opposing your finding will make and why it is not valid. Conclusion In this section provide a summary of the discussion, and answer. It can also identify additional information that could be sought to provide a stronger answer. How to Write a Memorandum for Litigation 5 Appendix A – Statistical Calculations Include the body of the appendix here with any titles and graphics required. For the title above the “A” letter identification is only required if there is more than one appendix. Figure 3: Memorandum Layout How to Write a Memorandum for Litigation 6 ...
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Final Answer


Litigation Memorandum
Course Number and Section:


Honorable Frida Harb


Michael Franks, Clerk of the Court


Marie-Elena John, Engineering Expert Witness


November 21, 2019


Memorandum to the court in the case Tierney vs. The True Car Parts Corporation

Question Presented
Within the United States constitution and the Florida Law, was True Car Parts Corporation
negligent in designing and manufacturing Shafts with a bearing falling out of the 3.50 limits
resulting in catastrophic failures of a particular model fuel pump in extreme weather conditions?
Brief Answer
Analysis of the provided data which is available in the company confirms that True Car Parts
Corporation was negligent in designing and manufacturing the bearing shafts, thereby resulting
in vehicle failures due to the catastrophic failures of the particular model fuel pump in extreme
weather conditions. The neglect is what has brought this legal suit today.
True Car Parts Corporation was negligent while producing the car parts. The analysis showed
that the company provided parts that did not meet the acceptable limits of 3.50. Therefore, the
company is found guilty and liable for the losses incurred by the Plaintiff.
The vehicle failures for the sampled vehicles with this shaft are due to the faulty, which were
causing abnormal wear and tear. Thus, True Car Parts Corporation should pay for the necessary
vehicle repair and parts replacement.

Memorandum to the Court in the case Tierney vs. The True Car Parts Corporation

An analysis to provide an argument as to ...

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