In each of the following exercises, the assignment is to prepare an office memo. Each assignment contains

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In each of the following exercises, the assignment is to prepare an office memo. Each assignment contains an assignment memo from the supervising attorney that includes all the available facts of the case. Complete the memo based on these facts. If additional facts are needed, note this in the recommendations section of the memo. When preparing the heading of each assignment, use “Supervising Attorney” in the “To” line, and put your name after the “From.” Following each assignment is a reference to the applicable enacted and case law. In some assignments, the case citation includes a reference only to the regional reporter citation; the state reporter citation is not included. Use only the citation presented in the assignment. The cases are presented in Appendix A. The first time you cite the opinion, use the full citation format for the citation you are given for the opinion in the assignment.

Note: Assignments 11 and 12 were prepared by Mary Kubichek, JD, director of Paralegal Studies at Casper College in Casper, Wyoming. The initial draft of the model answer to each assignment included in the Instructor’s Manual was prepared by Ms. Kubichek’s students.
To: [Your name]
From: Supervising Attorney
Re: Wright v. State; liability of State University for battery of student We represent Joe and Ann Wright, parents of Bob Wright, a freshman at State University of Generic who was living 400 miles from home. Bob lived in Smith Hall, a freshman dormitory. Bob wanted to be involved in school activities. The university supported intramural sports activities where dorm students competed against other dorm students. Bob was not very athletic, and his dorm lost games because of his lack of skill and he often got in the way of his team. After a 0–4 record, Bob’s teammates threatened him and told him to quit. Bob notified a counselor at the university. Bob did not quit, and after two more losing games, he was beaten by three teammates. Bob, who is a diabetic, suffered a broken arm, had a fifth of alcohol poured down his throat, and required 40 stitches to his torso. Bob withdrew from the university. Bob’s parents and Bob want to sue the college under the following sections of the state statute.

You are only to consider the following statutes. Do not bring in any outside facts or law.
Statutes:
(a) Hazing is defined as follows:
(1) Any willful action taken or situation created, whether on or off any school, college, university, or other educational premises, which recklessly or intentionally endangers the mental or physical health of any student, or
(2) Any willful act on or off any school, college, university, or other educational premises by any person alone or acting with others in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or maim, or to do or seriously offer, threaten, or attempt to do physical violence to any student of any such educational institution or any assault upon any such students made for the purpose of committing any of the acts, or producing any of the results to such student as defined in this section.
(3) The term hazing as defined in this section does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization.
(4) The academic institution, college, university, etc. is liable for hazing if:
(i) it occurred by members of a campus group;
(ii) it had notice.
Please draft an interoffice memorandum. Include the following:
To:
From:
Re:
Facts: (Remember to include parties and what the clients want.)
Issue(s): (Remember that the issue or issues must include jurisdiction, key facts, and be in question form.)
Analysis:
Conclusion:

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Related Book For  answer-question

Legal Research Analysis and Writing

ISBN: 978-1305948372

4th edition

Authors: William H. Putman, Jennifer Albright

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