legal writting week 4

 Week 4 Assignment 1

Research Scenario

Your supervising attorney asks to meet you in Conference Room A on Monday morning of next week at 10:00 a.m. to discuss a new assignment. She explains that this case involves intellectual property law, specifically issues of copyright infringement. She may be filing a complaint in federal district court on behalf of the client, Edward Tune. Before doing so, she wants to do some preliminary research into the issue of whether the client can sue a company for copyright infringement through the use of a “digital audio recording device”. She has asked you to conduct the following research:

  1. Research the United States Code Annotated (USCA) on WestlawNext and locate the definition of a “digital audio recording device” under the copyright law. State the name of the statute, citation, and definition. Drop a copy of the statute in the Tune case file in Clio.
  2. Research the United States Code Annotated (USCA) on WestlawNext for copyright infringement. What are three remedies available to a party for copyright infringement? State the legal citations and drop copies of the statutes into the Tune case file in Clio.
  3. Find a federal case which discusses a “digital audio recording device.” What is the name and legal citation of the case? Drop a copy of the case into the Tune case file in Clio.
  4. Find secondary authority on WestlawNext which discusses “digital audio recording devices.” What is the purpose of The Audio Home Recording Act of 1992? Drop a copy of the secondary authority into the Tune case file in Clio.
  5. Research the Code of Federal Regulations. Do any regulations govern “digital audio recording devices”? Provide the correct Bluebook citation.
  6. Research the Federal Rules of Civil Procedure.
    1. What Rule governs the commencement of a civil action in federal court?
    2. What Rule governs service of the summons and complaint?
    3. If the complaint is to be filed electronically, what types of information needs to be redacted under Rule 5.2?

Instructions: Run your Clio timer as you complete this assignment. Draft a law office memo which gives your analysis and reasoning in response to the questions above that is 2 or more pages long. Please use the law office memo format located on the Legal Writing Resources page as a template. Be sure to implement the writing strategies you have learned from “The Elements of Style” and use proper form of Bluebook citation.

Before submitting, you will need to ensure that your assignment is “law office ready” by having it reviewed and signed off by a Writing Workshop instructor. Please see the weekly announcements for more information. You will also need to password protect your documentPreview the documentView in a new window with your student ID number before dropping it into the Clio matter file.

Check the rubricPreview the documentView in a new window to see how you will be assessed on this assignment before you begin. Drop your completed, password protected law office memorandum into the Tune case file in Clio. Take a screenshot of the memorandum in Clio and submit it along with your memorandum to the dropbox by Sunday, 11:59PM (Mountain).

Submit this assignment by following this button: 

Submit Here

 Week 4 Assignment 2

Clio Calendaring

Keeping an organized schedule is an extremely important paralegal skill. In this assignment, you will learn how to use the Clio calendar and schedule a conference that your supervising attorney has requested. She would like to meet next Monday morning at 10:00AM for 30 minutes.

Instructions: (click here for a walkthrough)

  1. After signing into Clio, click on “Calendar” tab at the top of the page.
  2. Once you are on the calendar page, use the arrows in the upper left hand corner of the calendar to navigate to next Monday’s date.
  3. Click on the “Add Event” button in the upper right hand corner to add your meeting.
  4. In the “Create Calendar Entry” pop-up window, enter the Summary (Tune Case Meeting with Supervising Attorney), Start date and time, End date and time, and Matter. *Note: To find the matter, simply start typing the name of the case. Then, click the “Create Calendar Entry” button at the bottom. 
  5. Take a screenshot showing your completed calendar entry.
  6. Write an interoffice memo to your supervising attorney that you have scheduled the Monday morning conference to review the Tune case. Include the screenshot of your calendar in the memo. Please use the law office memo format located on the Legal Writing Resources page as a template.

Check the rubricPreview the documentView in a new window to see how you will be assessed on this assignment before you begin. Submit your memo to the dropbox by Sunday, 11:59PM (Mountain).

Submit this assignment by following this button:

Submit Here

 Discussions

Each week, you’ll have to post on at least three separate days to the Discussion.  Each post should be of a high quality.  Your first post should be by Wednesday.

Here is the first question on the Discussion page:

The Diamond case

One of our goals as researchers is to locate primary authority that is on point with the issue we are researching. Sometimes, we may not have a lot of background knowledge about a particular issue. It is good practice to consult secondary authority to gain background information or a general understanding about an issue or area of the law. Secondary authority is also used to locate primary authority because it provides references to statutory and case law. Secondary authority may also be relied upon by courts in the absence of primary authority.

Assume that your supervising attorney has asked you to do another research assignment on the Diamond case. In this case, the client was arrested after he had broken into a jewelry store after hours and stolen several pieces of diamond jewelry. The attorney asks you to research the “Federal Video Privacy Protection Act” (FVPPA). Specifically, he wants you to locate cases in any jurisdiction in which courts have determined what information constitutes “personally identifiable information.” He will be preparing a memorandum of law to be submitted to the court. He wants to argue that information that the video store located next door to the jewelry store turned over to authorities about the frequency of the client’s visits to the video store was in violation of the FVPPA.

Please respond to the following prompts:

  • Conduct a search on Westlaw for the Federal Video Privacy Protection Act. What secondary sources did you find?
  • Using a secondary resource that you found, can you find any case law related to the issue of “what information constitutes personally identifiable information” under the FVPPA? What is the name and legal citation of the case(s) that you were able to find?
  • Explain how you were able to find case law using secondary authority to your colleagues.

Instructions: Run your timer in Clio as you complete this assignment. Please write your responses in full sentences ensuring proper grammar, punctuation and spelling. Be sure that your case citations are in proper Bluebook format.

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *