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Assignment: Using the Scenario presented below, complete the following elements of a Trial Brief on behalf of your client, (Wife) Sarah; Tim and Sarah are
Assignment: Using the Scenario presented below, complete the following elements of a Trial Brief on behalf of your client, (Wife) Sarah;
- Tim and Sarah are going through a divorce. Tim is off on the weekends and Sarah has to work on the weekends. They have been separated for six months now while waiting for trial. They have one male child, Jason, who is 13 years old. Jason lives with his dad Friday night through Sunday night. Jason lives with his mom Monday night through Thursday night. Jason wants to live with his dad because his dad buys him all kinds of electronics and takes him on trips on the weekends while his mom is working. Sarah takes care of Jason every day making sure his homework is completed and has him do his daily chores. Since Sarah works on the weekends and Jason is in school during the week, she can't take him to do the fun things like his dad does. Tim and Sarah cannot agree on who should have their child the majority of the time, although they are close to a 50/50 timesharing arrangement. Jason told his dad he wants to live primarily with him.
Assignment Guidelines:
- Locate Florida's "Rules of Law" related to the scenario (statutes and/or case law). You should be looking for Florida laws related to child custody and related matters such as parental responsibility and timesharing, child support, alimony, and equitable distribution. You will use these when developing your Question Presented or Issue section(s).
- In logical and numerical order, include the elements found in most trial briefs in a brief outline form, including the major headings (topics) and subheadings (main categories/subcategories).
- Develop the Question Presented or Issue section(s) by introducing each of its elements such as the law, the question, and the key facts in a persuasive manner. You should be developing separate issues for child custody and related matters such as parental responsibility and timesharing, child support, alimony, and equitable distribution.
- Develop the Statement of Facts section. The Statement of Facts section is your chance to win over the judge. Keep the following things in mind when completing this section:
- You can refer to your client by name (Sarah).
- While being truthful, make your client look as good as possible. If there are any facts that make your client (Sarah) look bad, try to present them in a less noticeable way.
- You can present the facts in chronological order or in topic order.
- Present the facts in past tense.
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