Instructions for Legal Writing Course Assignments

Identifying legal issues and principles

The following instructions apply to all five written assignments for this course. Instructions specific to an assignment are provided with the corresponding assignment.
Marking rubrics are given for all assignments. Use them as templates for your submissions. Follow the order of the rubrics and write at least one paragraph in relation to each of the items listed in them. Use sentences, not bullet points.
As you think about the assignment instructions here are some things to consider:
1.    Identify the general legal area under examination and the particular legal issues that are relevant based on the facts presented. For instance, does the assignment question relate to a matter of enforceability of a contract (and are the issues related to offer, acceptance, consideration, capacity, etc.) or does it relate to whether someone is liable for negligence (and are the issues related to standard of care, duty, professional negligence, etc.)?
2.    Identify any preliminary issues that must be dealt with before addressing the main topic. For example, preliminary issues may involve determining whether the employee is, in fact, an employee; whether the agreement was actually for a sale of goods; whether an employer might be vicariously liable for the acts of an employee; and so forth.
3.    Identify the specific legal problem or problems. What are the relevant legal principles, what must a party prove (and with what detail), and does the party have a claim, based on the facts presented? Next consider any defences that the other party might offer and whether or not, based on the law you have described and the facts presented, he or she would be successful.
4.    Assertively state your conclusion about the likely outcome and give reasons to support your position. Explain possible weaknesses in your conclusion (if any). Would your position change if more facts were available? If you wish to give alternative conclusions based on different interpretations of the facts this is acceptable.

Things to keep in mind as you prepare each assignment:
•    Generally, avoid reading facts into the assignment. Work only with the information you have been given. If you do make an assumption in an effort to further your analysis, clearly state the assumption you are making. If you think more information would help you resolve the case, clearly indicate what additional information would be required and how it would be helpful.
•    Do not simply state a conclusion. Make sure that you look at both sides of the story. All conclusions reached must be clearly supported by references to the facts and the specific laws that apply to those facts. For example, don’t just say, “Sally was contributorily negligent,” and leave it at that. Say, rather, “Sally was contributorily negligent, because at the time she was struck by the vehicle while she was walking across the street; she was also talking to someone on her cell phone and fumbling in her purse for a phone number. A reasonable person would pay more attention to the traffic around them when crossing a busy intersection.”
•    Do not worry about whether or not all of the parties involved actually have sufficient evidence to prove their cases. Assume they can, and proceed from there. For example, if you are told, “John mailed his acceptance of Sam’s offer at 6 p.m.,” assume that it is a fact and can be proven. Don’t worry about the evidence that John will have to produce to prove it. However, if critical facts are missing, identify them specifically and indicate why they are necessary. For example, if you are told, “John communicated his acceptance of Sam’s offer,” you would need to know how it was communicated as well as the date and time. You would then explain why this information is essential to apply the law to the case.

•    Resist the temptation to state what you think is “fair or just,” or what “ought to happen.” You must provide conclusions that are based on the law as applied to the facts.
IMPORTANT:
    The teacher is extremely demanding regarding the plagiarism but accepts quotes from the course or book with references at the end of the paper. 
    If you want other information, please contact me only by email([email protected])
    It is very important to answer to all eight questions from Marking Criteria Rubric. This assignment has already made by an "expert" from “MY ASSIGNMENTHELP” and because it did not comply with all the requirements I got a failing grade.I have one more chance, to rewrite and pay again.