Order Instructions
This should be done by the same writer as 77113 and done in BLUEBOOK standard. Also would need a transcript for the video portion like you did in the last order 80061. 5 slides transcript!
The contract between Mr. Smith and ABC contains the following binding arbitration clause:
Arbitration. All claims and disputes arising under or relating to this contract are to be settled by binding arbitration in the state of Missouri or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in [insert industry or legal experience required for arbitrator] and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
Research and determine if this arbitration clause applies to both the contract and negligence claim in Smith v. ABC Roofing, Inc., et al. Draft a legal memorandum that includes your research, analysis, and conclusion. Your memorandum should be 2-4 pages.
Assume that the Arbitration clause is enforceable on both counts. Choose whether you would like to represent the plaintiff or defendants in Smith v. ABC Roofing, et al., when completing the following requirements:
When preparing for a trial or arbitration, a great way to organize is by preparing an outline for each party/witness. This will be your guide to ensure that you extract all the necessary information for each party/witness. In your outlines, identify each party/ witness that you will call to testify and any physical evidence that the witness will be questioned about. Draft an outline for each party/witness to be used in the arbitration. This outline should include the name of the witness, what you expect them to testify to, and what physical evidence you will question them about. For each party/witness, identify any legal issues that you will use the testimony to prove. Each outline should be 1-2 pages.
Prepare an opening statement to introduce your case to the arbitrator. Because this is arbitration, and not a trial, your opening statement should be persuasive. You should lay out the facts and evidence in support of your case. In an arbitration, the arbitrator is an expert in the law; therefore, the arbitrator’s role is to identify any and all legal issues present in your case. Your opening statement should be organized logically to tell the story of your case. While you want to provide enough information to educate the arbitrator about your case, don’t get bogged down in the details. You will have the opportunity to present all of your evidence to the arbitrator later, the opening statement is intended to provide the arbitrator with a roadmap to follow along. Please videotape your opening statement and provide a written transcript. Your video should be 5-10 minutes long.
Finally, at the end of the arbitration, the arbitrator asks both parties to submit a proposed order. This is your final opportunity to persuade the judge to rule in your favor. This order should set forth your analysis of the facts as applied to the law in support of your position. The order should contain any supporting law, case law, statutes, rules and so forth, which requires the culmination of your legal research in this case. Arbitrators often use the decision of the winning party, so your order should be well-organized and flow from one discussion to the next. This is the last chance for you to convince the arbitrator to rule in your favor; so be persuasive.
Length: 5-7 pages
References: Please use a minimum of 5-7 legal resources in your decision.
Your assignment should demonstrate an understanding of legal research and writing, as well as the differences between legal writing and academic writing. It should demonstrate thoughtful consideration and the practical application of your legal research. In addition, the assignment should display a good understanding of the substantive content, and demonstrate your ability to communicate information clearly, effectively, and in an appropriate tone. Your response should reflect graduate-level writing and BLUEBOOK standards for formatting and citation.
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