Legal Research & Writing : Week of September 3, 2007
The big assignment is the memo. Don't count on Debra for citation. 5 research labs this semester;
we always meet in main room first, then move over to library. We'll do book research first.
The memo is a closed memo: we don't do any outside research. Second semester we'll have an open
memo, where we'll have to do some research. The memo is due before finals, which is nice.
We'll have conferences about the first draft. Memo with have a statute and three cases
which are sort of similar but not totally.
Focus on conciseness. That's the single biggest thing in legal writing. Something is always at
stake. So precision and thoroughness are big too. Oh, and organization.
Olson v. Walker
- A headnote is not written by the court; they are not authoritative. Generally
West Attorneys do this. DO NOT quote, paraphrase, cite these. They're
just for research-- they tip you off to other cases in the digests.
- Arizona is in the Pacific Reporter.
- Issue: are damages excessive? Do the facts represent an evil mind
- Step 1: lay out the standard (the law of AZ, in this case)
- Step 2: apply the facts to the standard
- Glean the rule of law, then apply the facts. That is the game.
- Examine both sides; only what the court thinks is relevant, but their
rebuttal of the user's argument can be instructive
In-class Exercise
Yes, no, probably yes, or probably no.
Can your client refuse to rent to unmarried couples?
Statute:
It shall be unlawful to refuse to rent or sell after the
making of a bona fide offer, or to refuse to negotiate for
the sale or rental of, or otherwise make unavailable or
deny, a dwelling to any person because of race, color,
religion, sex, familial status, or national origin.
42 USC § 3604(a) (2000)
Answer: Probably not; the statute specifically names familial status
as one of the categories it protects against refusal to rent.
Refusal to rent on the basis of this category is prohibited.
There may be ambiguity in the definition of "familial status,"
or in the phrase "otherwise make unavailabe or deny," but
absent further research the answer should be no.