This assignment is OPEN. This means that you are tasked with conducting the research that will enable you to write this assignment. You will be required to submit all parts of an office memo for this assignment. A full office memo includes a caption, question presented, brief answer, facts section, discussion section (which includes the IRAC paradigm), and conclusion. You should use properly formatted Bluebook citations for this assignment. The page limit for this assignment is four pages.

MEMORANDUM

To: Law Clerk

From: Supervising Attorney

Date: April 2, 2022

Re: Phil Mickelson aggravated assault

Our client, Phil Mickelson, has been charged with aggravated assault by the Maricopa County Attorney's office. He was arrested for aggravated assault with a dangerous instrument. The arrest happened this past fall. Here are the facts:

Phil is an ASU alumnus and a devoted Sun Devils fan. He attended the Sun Devils' homecoming football game against Washington State University at the ASU Stadium on October 30, 2021. During the game, Phil was seated in one of the upper sections. Seated in front of him was a loud Washington State fan. Phil has stated that the man repeatedly turned around during the game and trashed talked to him. Phil started trash-talking back. The Washington State fan's name is Drew Bledsoe.

Phil stated that Drew got increasingly loud as the football game went on. By the end of the fourth quarter, Phil got tired of Drew's yelling. Phil had a Sun Devils foam hand on his right hand to cheer with. When Drew turned around during the fourth quarter to yell at him, Phil hit Drew on the head with the foam hand. Drew then stood up and Phil pushed Drew with the foam hand so that he could not retaliate. Drew lost his balance and fell into the aisle.

Another fan called the ASU Police after the altercation between Phil and Drew. An ASU Police Department officer arrived and called an ambulance for Drew. Drew's arm was broken and he suffered a torn ligament in his elbow due to the fall. The police officer arrested Phil for aggravated assault.

I need you to research whether it is likely that Phil will be found guilty of aggravated assault. More specifically, I need you to determine whether a foam hand like the one pictured below is likely to be considered a dangerous instrument under Arizona law. Please do not analyze whether Phil is guilty of assault. I am only concerned with whether the foam hand will be determined to be a dangerous instrument.

You should use Arizona statutes and cases to determine what may be considered a dangerous instrument under Arizona law.

- Supervising Attorney

The format should be as follows

Memorandum To: Supervising Attorney From: [your name] Re: Phil Mickelsonaggravated assault Date: [date] Question Presented: Include your question presented here. Brief Answer: Include your brief answer here. Facts: Include the legally relevant and necessary background facts about your case. Do not include unnecessary details. Discussion: This is where you will include your IRAC (issue, rules, application, conclusion) paradigm. Conclusion: This is the conclusion for the entire memo. It is different from the conclusion of your IRAC paradigm.