October 26th Notes

Legal Research & Writing
October 26th

Official Citation: Larson v. Zabroski, 21 Wn.2d 572, 152 P.2d 154 (1944).

Review of Larson v. Zabroski case:
-If the plaintiff follows the process of service, then the defendant is considered served.

Legal Memo Exercise    page 52
-there should never be a surprise in the memo
-needs to be repetitive and concise

Issue Statement needs relevant law, question and facts.
-Allows a lawyer to target a client appropriately

Discussion
-Has the rules that apply to the facts
-Only apply the portion of the statute that applies to the case
-Explain why the facts won't be disputed
-Raise and dismiss the undisputed elements
-Subheadings: can be disputed elements
---makes it easy to find and discuss

Three types of arguments
1. Plain language argument: third paragraph
---very simple language to define terms

2. Analogous case arguments:
---comparison cases

3. Policy Argument:
---Brown v. Board of Education (separate but equal)

Always show jurisdiction cases first.  Even if they don't agree.
First impression cases can have cases brought from out of jurisdiction.
It's only persuasive arguments, nothing binding.

-Your last sentence needs to mention the solution for that element.  How the court usually rules on a particular element. Use hedge words.  (likely, probably)

-Even on hot topic issues you need to provide information on cultural ideas, judgements and how they may react about the element being pushed.  Perhaps research judges.

-Make sure the conclusion echoes the issue statement.  Try to use the same words from the issue.  Answer this right away in the first sentence.

-Read the issue then read the conclusion and make sure it sounds like a question with appropriate answer.

-The last few sentences will be the advice we want to give the client

IRAC
issue
rule
analysis
conclusion

Memo
statement of fact
issue statement
discussion
conclusion

Legal Reasoning
-Look at the rules and come out with particulars
-Deductive
-General to Facts of current case to specific

Memo
-Draft
---Revision with highlighter (editing)
---Make sure it flows and makes sense
-Check your task at hand

Discussion Section
-Usually written first before the issue statement
-Legally significant facts, background facts
-Emotionally significant facts

Outline for discussion
-general rules
-transition sentence
-disputed element discussion
--mini conclusion for element discussed

Rule:
Quote the statute, use the RCW 4.28.080(15).  one of the memo
-Put elements of statue in your own words afterwords. 
---you can change the order and also use the undisputed elements

Next...
-Ruling from Larson in your own words.  Every time you provide a rule, you must cite it. 
Larson v. Zabroski, 21 Wn.2d 572, 152 P.2d 154 (1944).

Next...
Who has the burden of proof?
The person who is challenging the service is the one who has to prove.

Level of proof- amount of proof needed to support claim

Two levels of proof in civil
1. pre ponderous of the evidence
2. clear and convincing

Washington Practice
15A Wash.Prac., Handbook Civil Procedure  § 10.17 (2007 ed.)
10.17 Burden of proof regarding service of process
Cases at the the bottom
-Coughlin: dictum, but is before judgment
-Woodruff: after judgment

Results: requires clear and convincing either before or after
The person challenging the rule needs to have clear and convincing evidence.

What to do with this...
The person challenging...must show clear and convincing evidence that...  end of sentence with have RCW with semicolons separating, with Miebach citation

Provide a roadmap to the legal reader.

Transitional sentences
-the undisputed elements and why with the facts and that leads into the disputed element

Do the first element
Then second element
Then mention the rule from Larson about not needing to be a relative
Then the only element with can dispute

Disputed element
-specific rules
-use facts (legal analogy)
-mini conclusion

Compare on Samatra Phillips to Kathy Berger
-do a few sentence comparison, Samatra needs to be mentioned first

Mini conclusion that she is of suitable age and discretion

After writing the discussion
-Look at the issue, then write your conclusion
---Use the same words
-Was the service upon Kathy Berger in lieu of Julia Richmond effective?
-The service upon Kathy Berger was effective for Julia Richmond.

-Issue Statement
(several formats in book)
-This memo used Under/does/when Method

Under Washington substitute service of process is service effective when the summons was given to .....?
-Issue statement needs a ? at the end

-§ 27.7 in LWH Powerpoint was wrong

Parallelism
-Accomplished by:
---matching words
matching introductory words
-each clause begins with a verb

Wait an hour to a day before editing.

Serial comma
-comma placed preceding the coordinating conjunction at the end of a list of items
and, or, but

Statement of Facts
-you do not need to give details about the case, select from the background facts what you need to give it logical cohesion
-Need facts about Kathy Berger
--Paragraph or two
-story with legally significant facts
-from the decided case to the current case is the sentence structure used
--Samatra is first then Kathy
-We should advise building a defense for her instead of the validity of the service

Citations
1. Name of case
2. Where case can be found
3. Court decided case
4. Year of decision

Parallel Citation
-bluebook does not require this, only regional reporter for state cases
-WSS requires it for all cases (for our memos we are using this)
--to both Washington reports, and to the Pacific Reporter

Other states: consult their rules in Bluebook Table BT.2
Where there are two reporters, they both must be reported
--official reporter is first, then regional

missing period on bluebook abbreviation on powerpoint

Full Citation:
-Needs court and year at the end
---when the decision is from the state's highest court then just Wash.
When out:
(Wash. Ct. App. 1985)
--when appellate court at the ct. and app.

with WSS make sure to change Wash. in the cite to Wn.

-Only one reporter for federal
--so for citing F.3d (3rd version)

Circuits are the # by Cir.

US Supreme Court Case
-3 Reporters
--Bluebook: single citation, US Reports
--WSS: wants all 3

Watch the spacing on everything!

Westlaw: use the whole date, month/day/year

Homework
Project 2  (3 pages long double space)
Cite 3