Draft letters advocating for a client objective.
Draft external memoranda that advocate for a result on a legal issue.
Background:
Our client, Emily Folly’s case was not resolved as a result of the Demand Letter.
Earlier, the landlord, Sherman Helmsley, sued our client, Emily Folly, in the District Court of Maryland for
Prince George’s County (Case No. 433445) pursuant to Md. Code Ann., Real Prop. § 8-402.1 for
repossession of the apartment asserting that Ms. Folly does not have a lease agreement. Alternatively, Mr.
Helmsley asserts that Ms. Folly is in breach of the lease for using the apartment for commercial purposes.
Ms. Folly is requesting that Attorney Ivy file a Motion to Dismiss the action in the District Court of Maryland
for Prince George’s County.
Attorney Ivy is considering filing a motion to dismiss the case against Ms. Folly, but has asked you to first
draft a Memorandum of Law in support of filing a motion to dismiss. Note: you are drafting a memorandum
in support of filing a motion to dismiss, not drafting the actual motion to dismiss.
Instructions:
Draft a Memorandum of Law that supports a Motion to Dismiss under Md. Rule 3-311.
Use the cases and statutes in the LEGAL RESOURCES FOR PROJECTS in MAJOR PROJECTS
INFORMATION in Content. Also, use Md. Rule 3-311 to support a dismissal of the repossession action.
The Memorandum of Law should thoroughly explain the law and cases that support Folly’s request for a
dismissal.
Refer to FACTS FOR PROJECTS in MAJOR PROJECTS INFORMATION in Content. Assume all facts are
true. Do not assume or make up additional facts that are not in the record.
Note: For help with citations, refer to the “LGST Quick Legal Citation Guide” located in the classroom under
Read Me First in Content.
Format:
The format for this two-issue memorandum follows:
Case Caption: see The Advocacy Memorandum for the caption format; includes parties’ names, court, and
case number
Heading: “Memorandum in Support…”
Introductory Paragraph: use this: “Emily Folly (hereinafter “Tenant”), files this Memorandum in Support of
her Motion to Dismiss pursuant to Md. Rule 3-311 and states as follow:”
Questions Presented
I
II
Statement of FactsArgument I
Conclusion I
Argument II
Conclusion II
Within each argument, handle the counterargument and rebuttal. These should not have separate
headings with each argument. The only headings you will have are the ones above.
Evaluation Criteria
Review the grading rubric for Project 3.
Explanation of the statutes and case law in the LEGAL RESOURCES FOR PROJECTS section, and your
use of the law to advocate on the client’s behalf must be accurate and persuasive.
Citations using the regional citation format must be correct and complete to earn full points.
The memo must reflect insight into, and use of, the techniques for providing enough context and logical
organization.
Use correct sentence structure, correct grammar, punctuation, and spelling.
Before Submitting the Project
Review the grading rubric for project.
Thoroughly read the project to ensure all required elements are present. Use the grading rubric to ensure
that you gain the most points possible for this assignment.
Proofread for spelling and grammatical issues, and third person writing.
Use the spell and grammar check in Word;
Have someone who has excellent English skills proof the presentation.
Submit the project in the Assignment Folder. The assignment submitted to the Assignment Folder will be
considered a student’s final product and therefore ready for grading by the instructor. It is incumbent upon
the student to verify the assignment is the correct submission.
NOTE: All submitted work is to be your original work (only your work). You may not use any work from
another student, the Internet, an online clearinghouse, or work you have submitted in another course. You
are expected to understand the Academic Dishonesty and Plagiarism Policy, and know that it is your
responsibility to learn about instructor and general academic expectations about proper citation of sources
as specified in the APA Publication Manual, 6th Ed. You are held accountable for in-text citations and an
associated reference list only.
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