read the Memorandum of Law in
Exhibit 7-17
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Also this
is a new question: read the Memorandum of Law in Exhibit 7-17 beginning on page
356 of Statsky, 8th edition.* Based on that memorandum please provide 6 (six)
specific examples to support your reasoning in the above discussion - Basically
- based on the analysis within the memo, we need to identify 6 things that
should be investigated or researched and/or the sources of authority that would
prove beneficial from the memo . WE need to use the analysis in the memo to
actually show what those skills provide with regards to investigation, research
and sources can you help with this? PLEASE DO NOT IDENTIFY WHERE THE STEPS OF
LEGAL ANALYSIS WERE EMPLOYED... - please let me know if you need me to send you
the memo as mentioned in the directions.
This is an EXAMPLE of what i am looking for:
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What requires investigation?
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What requires legal research?
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What sources of law / legal authority?
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Stealer says that the taking
occurs only if the defendant has left the premises. We would want to
try and obtain security video to clearly show the stop inside the
store.
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Are there other cases that address the
elements of this statute?
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We don't know if Stealer is
from our jurisdiction or the level of the deciding court. We would want to
try and locate mandatory case law for our jurisdiction/court.
We might want to consult on point secondary
authority that analyzes the elements and summarizes on point law.
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what was discussed previously is as follows:
What requires investigation/legal research and sources of
law/legal authority:
Element Identification skill helps to identify the figure
involved in the investigation. It gives out the associated clue on what
concerns the issue at hand. The element being identified is associated
with the undergoing investigation that is being looked upon. This skill
hints out the possible sources to get the information regarding the legal
case. A certain figure is based on to obtain the information needed on
the case.
Identifying/Phrasing Legal Issues skill is the legal
requirements associated with the case that are identified and aligned so that
it creates the way through the process of investigation. The legal issues
may include the witness protection and the methods of carrying out the
investigation in a way that the case is not tampered with or proof to be
tinkered. This skill may also give a clue on the possible areas of the
law associated with the case and where some legal information can be acquired
in order to assist on the investigation and identification of the sources for
more information regarding the case.
Identifying/Applying Definitions skill that involves the legal
terms that are associated with the case at hand. This skill assist on
specifying the areas to look on during the process of investigations so that
one can obtain the information required for the case. The legal terms are
identified as per the case involved are put into place.
Factor Analysis is the skill and technique assist on identifying
the sources of information that is weighed in in making a decision and decides
whether the elements applies to the case. Once you have the facts to the
rule, you must connect the facts that you have or that you must investigate to
find each factor. Elements and factors are closely related.
Case Law Application skill assists in interpreting the statues
of law that will be applicable on the case at hand. This spells out the
possible law elements that need to be considered and looked upon to attain the
information needed for the case.
IRAC/IFRAC skill starts by identifying the issue or the case and
then the rule of law to be considered on the case which then its application is
followed and then the conclusion of the case is put into the consideration of
the facts. With the facts, the matters of the case are identified by the
realization of the suitable rules to be applied on the issue and will in turn
determine the eventuality of the case.
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