Write a legal memorandum
Question
Hi, sorry I couldn’t respond your last post. This is regarding to those previous ones. Anyway you should remember. This should be the sequence as you can see…ok…
YThe Legal Memorandum
Write a legal memorandum based on this:
An elderly man who is very ailing and at the last days of his life makes an oral contract with his nephew. The conditions of the contract are that the uncle will instantly offer his nephew his entire life savings worth a hundred thousand dollars as compensation for the nephew’s assurance to offer shelter and food to him until his final breath. The nephew accepts the money and takes care of the elderly man at a price of ten thousand dollars per annum. The elderly man manages to stay alive for longer than anticipated and is still breathing after fifteen years, at which juncture the nephew neglects him without extra care.
The legal issue is: Under Illinois state law, what are the conditions for a valid oral contract, and how can an oral contract be extinguished?
1. Find this case or similar using Legal research sources such primary and secondary. Primary sources include statutes, rules, regulations, and case law. Secondary sources are much more diverse and include law review and journal articles, legal encyclopedias, treatises, and law digests.
2. Cite the case using THE BLUEBOOK and ALWD Citation Manual.
3. Provide an objective analysis of the strengths and weaknesses of a case, or explores the answer to a carefully worded question about a specific aspect of the law in a particular jurisdiction (State of Illinois).
4. Provide a synthesis and application of the cases and/or statutes that control the question or issue. Remember that the memorandum examines both sides of an issue, it concludes with a prediction as to the outcome.
Instructions:
-Be specific with the sources of your research.
-Clarify the terms you will use when searching.
-City all sources in legal language
-Draw a conclusion for the case
-APA style format
A legal memorandum provides an objective analysis of the strengths and weaknesses of a case, or explores the answer to a carefully worded question about a specific aspect of the law in a particular jurisdiction. When you draft a legal memorandum, you provide the reader with a synthesis and application of the cases and/or statutes that control the question or issue. Although the memorandum examines both sides of an issue, it concludes with a prediction as to the outcome. The goal of an internal legal memo is never to argue for an outcome, nor should it present an unbalanced, opinionated, or biased view. Therefore, unfavorable results, cases, and information must be disclosed and evaluated, since they are part of the existing law that a court may apply to the issue/ problem. As with the scientific method, the legal researcher is trying to draw an actual, accurate conclusion or observation about the state of the law, whether or not it aligns with his or her hopes or views, or is the desired outcome for a client. In this respect, the contents of a legal memo are not the same as those of a legal brief that might be submitted to a court in support of a particular court ruling, or argued to a judge and jury in a persuasive manner. The legal memo sets out the unvarnished truth, to the extent the researcher can identify it.
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