You will draft an Internal Memorandum of Law derived from the fact pattern provided.
Refer to the Course Schedule within the Syllabus for specific project deliverables and due dates.
The Internal Memorandum of Law should:
- Provide a title or heading that will indicate
- what type of memorandum you are drafting
- to whom the memorandum is addressed
- who it is from
- the date
- the subject of the memo.
- Brief your case in order to identify the legal issues present in your client’s case.
- Provide a brief answer to the questions raised by the issues in the case.
- Provide a synopsis of the facts of the case and how the facts relate to the relevant law.
- Develop a conclusion which addresses the issues presented in the case.
- Support the conclusion through legal citations and references of cases or statutes on point.
- Argue your legal position in terms of findings and conclusions.
here is the document that needs to be used for the memorandum
Conference between the Law Firm’s Attorney and You,
the Paralegal Supervised by the Attorney
Paralegal, I need your assistance with this legal dilemma. We represent Sky Jones (“Jones”), a 76-year-old widow who has been a client of ours for many years. I believe Jones has a case against Tasha and Ernie Colts (“Colts”), for nuisance, trespass, and intentional infliction of emotional distress.
Please draft an internal memorandum of law analyzing the merits of Jones’ potential claims. Review the facts in great detail and brief the case in order to identify if there are any other possible claims.
Case Facts Provided by the Supervising Attorney
Jones has lived alone since her husband died seven years ago in her own home at 887 Post Line Drive in Pebble Beach, California, where she has resided for the past 37 years. Approximately four months ago, the Colts, both 31 years old, purchased property adjacent to Jones at 889 Post Line Drive. The Colts were pleased with the purchase of their new home because they were first time home buyers, and wanted a large back yard for their four dogs. In addition, they wanted more room for their three children to play.
When the Colts first moved in, they walked over to Jones’ home to meet their new neighbor. Jones, at the time, was on bed rest from hip surgery and told her housekeeper to send them away. The Colts were angry that their neighborly visit had been rejected Jones and decided Jones was a snob.
The Colts began to have large gatherings at their home that would last until all hours of the night. Jones’ bedroom faced the Colts’ patio. As a result, Jones was unable to sleep because of the bright back-yard lights, loud music and conversations. Jones was still weak from recent surgery and was beginning to get sick and feel dizzy due to the lack of sleep over the past weeks. She decided to complain to the Colts about their late night gatherings every night. Ernie Colts responded that it was his house and he could do whatever he wanted and told her not to come near their home again or they would have their dog, Sirius, take care of her.
Occasionally, the Colts’ children would throw their toys over the fence into Jones’ flower garden where she had a bird bath. Jones cherished her garden because her husband had created this garden for her as a surprise on their anniversary before his death. The Colts children played a game to see who could land the ball in the bird bath. Jones became so angry at the children that at one point she yelled, “Stop throwing your toys in my yard! They are ruining my flower garden!” The Colts overheard her yelling at their children and replied, “OK, if you want our kids to keep their toys out of your yard, you’ve got it!”
The following day, the Colts hired a construction crew to come out and erected a large fence along their property line. However, the fence was so large that it impeded over Jones’ property line and blocked the sun to the point that the flower garden started to deteriorate. A few days later, the flowers wilted and the plants turned yellow and died.
Jones went into shock at the destruction of her flower garden and started to cry and scream at the Colts for what they had done. Ernie Colts replied, “You wanted our kids’ toys out of your yard, so we put up the fence. So, you will just have to learn to live with it.”
Jones, appalled at his response, put on her shoes and charged over to her neighbors’ house. As she approached their house, their dog, Sirius, came running after her. She was so frightened that she tried to run to escape their dog. However, due to her recent hip surgery, it was difficult for her to move. She fell on the sidewalk, screamed and cried out loud, “Leave me alone!” The dog stopped chasing her only because he was distracted by another dog roaming the neighborhood.
Jones finally arrived back at her home in a complete panic. She stayed locked in her room for hours. She became angrier the longer she thought about her neighbors and the things they had done to her. First, she developed a nervous tick, followed by a phobia about going outside fearing the Colts’ dog would attack her. She went to her physician, Dr. Clark. He prescribed medication to control her nervous tick. Dr. Clark prescribed other medication to help Jones become less paranoid about leaving the confines of her home.