LEGAL RESEARCH AND WRITING I (LEX 120)

Final Examination and Exercise - Legal Memorandum

FACTS: Margie Smith, a potential new client, came to our offices this morning and wants to know if she can bring a lawsuit on behalf of her four year old daughter based on the following facts:

Chloe Smith is a typical four year old child who likes to explore and doesn't always listen to her mother. On August 25, Margie and Chloe went to visit an old friend, Susan Jones, at Ms. Jones house in Greensboro, North Carolina. Soon after arriving, a noticeable scratching and meowing sound came from behind a closed door down the hallway from where everyone was sitting in the family room. Ms. Jones stated that the sound was from her cat, Kitty Galore, and that she had locked the cat in the back bedroom because it wasn't always friendly with visitors.

After drinking too much lemonade, Chloe had to go to the bathroom, and asked Ms. Jones where she would find it. Ms. Jones stated that it was down the hallway, and Chloe proceeded to the bathroom unsupervised. After going to the bathroom, Chloeheard the cat again, and being an animal lover and a curious child, she decided to open the door to take a look at the cute little cat. Much to her surprise, when she opened the door, she was viciously attacked by a large cat. Chloe had cuts and scratches on her face, arms, hands, and abdomen that required hundreds of stitches and extensive plastic surgery.

Ms. Smith later discovered that Kitty Galore was in fact a rare hybrid cat called a Savannah, a mix between a domestic and wild cat.

EXERCISE/EXAM: Prepare a Legal Memorandum to me on the following issues:

1. Is Ms. Jones liable for the injuries to Chloe Smith caused by Kitty Galore?

2.Assuming liability, are there any defenses available that would bar plaintiff's recovery?

INSTRUCTIONS: You must now draft a Legal Memorandum using North Carolina law. If necessary, you may also rely on law from other jurisdictions, but remember that it will only be persuasive. Start your research in secondary sources, and then move to case law, and statutes. The Memorandum will be typed and in the format set forth in the sample which I have given you. You will be held to strict standards of format, citation accuracy (Bluebook standard), spelling and grammar as set forth in the Course Syllabus. Keep a record of your research, I will examine it periodically. Be sure that your name appears on the Memorandum. You will receive two 100 point grades on the Memorandum; one for your content (legal analysis and methodology) which will be your final examination, and one for format (citation, grammar and spelling) which will constitute an exercise grade. I remind you that this is not a group project - your work must be your own. Your Memorandum should be no longer than five (5) typed pages.You will upload both a draft and a final version to Moodle. You are also required to turn in a hard copy of your draft and final for grading purposes.