Maybe some of you know how to prepare an "Internal Office Memorandum (IOM)" using the given template to solve the sample problem.

TEMPLATE FOR IOM:

Internal Office Memoranda (this is your heading, it should be there)

I. Questions Presented

Issue 1:

Issue 2:

Issue 3:

II. Brief Answers

Issue 1:

Issue 2:

Issue 3:

III. Facts

(State your facts from the given practice problem)

IV. Applicable Statutes (for Each Issue and written out in full)

Issue 1:

Issue 2:

Issue 3:

V. Discussion (Your analysis of each issue separately)

Issue 1: - (what is the question you are trying to answer, then answer it based on facts and statute)

Issue 2: - (see parenthetical above)

Issue 3: - (see parenthetical above)

VI. Conclusion

On the first issue (what will most likely happen to Client?)

On the second issue (what will most likely happen to Client?)

On the third issue (what will most likely happen to Client?)

PRACTICE PROBLEM

PRACTICE EXERCISE

INSTRUCTIONS: You are to find and write about each of the issues contained in the facts below. You must discuss all relevant facts to fully analyze each of the issues/questions to earn full credit for this exam. DO NOT USE PERSONAL PRONOUNS OR SLANG AND USE PROPER GRAMMAR.

Do not research any of these rules - they are made up.

Context: Ms. Jennifer Aniston came to the office to retain the services to defend her against some motor vehicle issues, and liability in case she is negligent.

FACTS

Ms. Jennifer Aniston (Aniston) drove to a home owned by Mr. Brad Pitt (Pitt) and Ms. Angelina Jolie (Jolie), with a ten (10) foot by five (5) foot book-self unit in the pay-load area of in her beat up pick-up truck to leave with Pitt, because he left it when they divorced, and she no longer wanted "to look at the da*n thing," This item is known as the "shelf-unit." Aniston, remarried, and NOT pregnant, was really angry about having to move the shelf-unit by herself and she failed to secure the 10 foot by 5 foot shelf-unit in the back of her truck. Due to the haste and anger in which Aniston acted, Aniston told O&A she knew she was speeding - she freely admitted this to O&A, and she estimates she was going at least 15 to 25 miles per hour over the posted speed limit of 25 miles per hour. At some point, about a mile from Pitt's home, the shelf-unit fell off the back of the truck, landing in the middle of the street. A car following Aniston, about 4 car lengths behind, struck the shelf-unit. There were two people in the car, Sarah Jessica Parker (SJP) of "Sex in The City" fame, who suffered a major concussion when her head hit the steering wheel and her husband, Matthew Broderick (MB) of "Ferris Beuller's Day Off" fame, suffered major breaks in the bones of his legs from hitting the shelf-unit with his legs extended forward in a reflexive attempt to stop their car, and a fractured skull from his head hitting the side window. Neither MB nor his wife will be able to work for a minimum of six months. Both MB and his wife were wearing their seatbelts and all airbags deployed. THUS,Neither SJP nor MB are considered negligent.Aniston is wondering if O&A will defend her in the law suit being brought by SJP and MB for damages. She needs to know if she is liable for the damages. Please ONLY use the statues and laws below to discuss the issues involved. Please, write an Internal Objective Memorandum to O&A regarding the issues involved and Aniston's possible liability.

RULES OF LAW (This is just a make-up law and does not exist)

Chap. 1 Sect. 100: Reckless Driving: when a driver exceeds the posted speed limit by 10 to 30 miles an hour. An admission of excessive speed to a police officer or in court can be used to support a finding of guilt in a case of vehicular misconduct or reckless driving. (this is made up - DO NOT RESEARCH THIS!)

Chap. 1 Sect. 340: Failure to secure cargo or load: (a) Felony damage to property or felony harm to a person occurs when there is any type of failure by a driver of a vehicle to secure cargo in or on a vehicle. (i) a Vehicle is defined as any motorized conveyance designed to travel on conventional roads and highways. (ii) Cargo is defined as anything not part of the vehicle at purchase. (a) Cargo must be held in place by the strongest means necessary to hold the cargo in place so the cargo does not fall from the vehicle.

Negligence as defined by Washington v. Jefferson as when "a person owes a duty of care and breaches that duty by either failing to foresee the danger of his/her conduct, or through willful, wanton, or reckless conduct causes, or directly causes harm to another in which damages result. (THIS IS THE 5 PART COMMON LAW RULE - you MUST address all 5 parts).