you will have to conduct some legal research and draft a Memorandum 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, John Doe owns a home with an in-ground swimming pool in his backyard. The pool area is surrounded by a 4-foot high chain-link fence. The backyard itself does not have any other fencing. One day, several months ago, one of the neighborhood children entered the pool area, uninvited, through an unlocked gate. The child is 10 years old and knew he was not allowed to be in the pool area without adult supervision. There was no one home at the time, and the child slipped near the edge of the pool and hit his head. He is now permanently brain-damaged and confined to a wheelchair for the rest of his life. The child's parents sued John for negligence.

Assignment: Please prepare a 3 to 4 page memorandum of law discussing whether or not John is liable for the negligence.

Make sure you analyze this issue from both perspectives (plaintiff and defendant).

You must use at least 5 relevant state cases and statutes (at least 2 cases must be used). Select any state of your choice and use that state's law only. Remember to follow appropriate Bluebook citation rules for all authority you use. You must cite all law properly.

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

 

Answer rating: 100% (QA)

Memorandum of Law To Attorneys Name From Your Name Date Date Re Liability for Negligence John Does InGround Swimming Pool I Issue The issue at hand is whether John Doe can be held liable for negligenc... View the full answer