New York University Law Research Memorandum of Law Paper

Description

REPRESENTING PAULINE PORTER draft a Research Memorandum of Law with the following information:

The general rule for premises liability in California;

General duty rule of an owner/possessor of real property;

Essential elements for a claim of premises liability;

What constitutes unsafe conditions;

Liability of an owner/possessor of real property for obvious unsafe conditions;

6. Any affirmative defenses the defendant may raise;

7. Types of damages; (Special Damages, General Damages, non economic damages (pain and suffering)

8. Statute of Limitations

Reference may be made to California secondary sources, but those references should be limited. Although

your memo must contain the 8 items listed above, you are permitted to raise any other relevant

issue that your research may uncover that is not contained in the above list.

Memo may not contain any federal law and/or any other state law other than

California. Your Memorandum may not contain any citation to any Law Review Article!

Memorandum will serve as the foundation for FUTURE!

Therefore, it is not only important that you find the law, but that you understand how the law and

facts work together.

Your Memorandum of Law should contain both California statutory and California case law.

Can use these to research:

CACI instructions (these can provide references and resources)

Rutter, Civil Procedure Before Tral

Rutter, Personal Injury

California Jurispreduce

Wilkins, Summary of California Law

California Tort Guide

California Personal Injury Proof

Calfornia Tort Damages

LEXISNexis

Westlaw

OR ANY OTHER LEGAL RESEARCH TOOL.

DO not use cases that have not yet been published, do not use cases that have bad law, only used published cases.

ONLY USED PUBLISHED CASE LAW. ONLY CALIFORNIA CASE LAW DO NOT USE ANY OTHER STATE

ALL CITATIONS SHOULD BE TO THE CALIFORNIA STYLE MANUAL

I INCLUDED THE FACT PATTERN ATTACHED AS : FACTS WRITING ASSIGNMENT

I INCLUDED WHAT ALL NEEDS TO BE INCLUDED IN THE ORGANIZATION IN ” MEMO ORGANIZATION” ATTACHED BELOW

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