Legal Memo using IRAC method

Order Description

create a legal memorandum using the IRAC method of analysis. You must read the scenario provided below. The memo must include the following headers: Question Presented, Short Answer, Statement of Facts, Application of law, Discussion and conclusion. Please provide clear, concise and detailed answers under each heading. You will need to read the three cases below titlted 1-3. After you have read the three cases below you will find another Maryland case with the factors that the court looks at in custody cases between biological parents and read and use the case that you found in the IRAC memo. This case should be in addition to the three cases listed below. The Maryland case that you find must involve an initial award of custody and not custody modification. Or you can find a case involving the factors that the court considers in awarding joint legal custody. Again, the case must be a Maryland case. 4.Brief the Maryland case that you found. Brief the case before writing the memo. Please ensure that the memo has a citation on it as well. Make sure there isn’t a page number on the title page.
5. Review and include the cases that you found for the list assignment (assuming that those cases were on point. If not, find an additional case that is relevant).
.Based on the facts stated in the intake memo and the cases cited above, please write a memo that addresses the following issues:
1. Based on Sanders, Taylor and the case you found, write a memo using the IRACC method and address whether Ms. Davis will be awarded sole legal and sole physical custody of her children.
Note: there will be files uploaded on examples of factors courts consider in the Montegomery case and the Taylor case, and an example of an IRAC memo will be uploaded as well. Hopefully, you will find these items useful when you develop your legal memo.

Your Assignment
As previously stated, our client wants custody of her children. She also wants sole legal and sole physical custody. Please refresh your memory by re-read the following cases:
1, Montgomery County Department of Social Services vs. Sanders, 38 Md. App. 406, 381 A2d. 1154 (1977)

2.Taylor v. Taylor, 306 Md. 290, 508 A.2d 964 (1986)

3. Viamonte v. Viamonte 748 A. 2d 493 (Md. Ct. Spec. App. 2000)

3. Find another Maryland case dealing with the factors that the court looks at in custody cases between biological parents AND read and use the case that you found in the IRAC memo. (This case should be in addition to the case that you found in the week 2 list assignment). This case should also involve an initial award of custody and not a custody modification. Or, you can find a case involving the factors that the court considers in awarding joint legal custody. Please find a Maryland case.
4. Brief the Maryland case that you found. Brief the case before writing the memo. Review conference posting onhow to brief a case.
5. Review and include the cases that you found for the list assignment (assuming that those cases were on point. If not, find an additional case that is relevant) .

Based on the facts stated in the intake memo and the cases cited above, please write a memo that addresses the following issues:
1. Based on Sanders, Taylor and the case you found, write a memo using the IRACC method and address whether Ms. Davis will be awarded sole legal and sole physical custody of her children.
For this assignment, you will draft a legal memo using the IRACC (Question Presented, Short Answer, Statement of Facts, Application of law, Discussion and conclusion) method of analysis. The memo will discuss whether the court should grant our client sole physical and sole legal custody of her children. Your memo must analyze the facts Ms Davis’ case and apply the law to the facts in her
??EVALUATION CRITERIA:?Your memo should reflect understanding of the legal principles regarding custody disputes between biological parents and the factors the court examines in determining physical and legal custody. The memo must accurately and completely cite and summarize the judicial opinions. You must apply the law to the facts in the case. ?Your memo must contain:?-An introductory paragraph-A statement of the facts?-An explanation of the common approach that courts use to resolve custody cases – both joint legal custody and sole physical custody (state the factors that the court looks at to address these issues) ?-A thorough explanation of the holdings of the cases. (The major facts and how the court applied the facts to the law in the cases)
-Application of the law to the facts in our case. (legal analysis) (If there are important facts that are similiar, make sure to state those facts).
-Conclusion- should our client be awarded sole physical and sole or joint legal custody.
?Your work will be evaluated according to the evaluation sheet for Project 2. This sheet must be the cover sheet of your memo.
FINAL PROJECT EVALUATION SHEET
??20 points?YOU GAINED POINTS AS FOLLOWS:
? Please make sure the legal memo that you draft includes the following:
1. Introduction (the purpose of this memo- what you have been asked to research) (1 point) ______
2.What are the factors that the court considers in awarding sole physical custody in a suit between two biological parents? (1 point ) ____________
3. What are the factors that the court considers in awarding joint legal custody? (`1 point)________
4. .Based on Sanders, Taylor and the case you found, write a memo using the IRACC method and address whether Ms. Davis will be awarded sole physical custody of her children. (7 points)_____________
5. Based on Sanders, Taylor and the case you found, include in the memo, a discussion of whether Ms. Davis will be awarded sole legal custody of her children. (7 points)________. Make sure this discussion incudes legal analysis. This means, discuss this facts, law and apply the law to the facts in the case.
6. Brief of the Maryland case re: sole physical custody that you found. (2 points)
7.. Conclusion ( I points) _________
YOU LOST POINTS AS FOLLOWS:??Incorrect grammar and punctuation (2 points) __________?
Incorrect citation form (3 point) __________?Late assignment (20 points max) __________

Scenario:
You are employed as a paralegal at the Legal Aid Bureau. Ms. Davis has been sued for custody. I conducted the initial intake and I need your assistance in determining whether the office should represent Ms. Davis in her contested custody case. The following information was obtained during my interview with Ms. Davis. Please read the notes from my intake interview, conduct legal research and write a legal memo about the merits of Ms. Davis’ case.

To: file
From: Nina Shore
Re: Ms Davis’ custody case

Ms. Davis contacted our office because she has been sued by her ex-boyfriend for custody of their two children.
The defendant, Patricia Davis is the mother of two children, a son whose name is Brandon Parks and a daughter, Lexa Parks. Brandon was born on July 1, 2000 and he is 14 years old. Lexa was born on August 1, 2006 and she is eight years old. Ms. Davis and the Plaintiff, George Parks were never married. They had an off and on relationship for several years. While Mr. Parks had occasionally spent the night, he never lived with Ms. Davis. When the parties were together, Mr. Parks would sometimes spend the week ends at Ms Davis’ home. Ms. Davis finally ended her relationship with Mr. Parks on December 22, 2012.
In January 2013, Mr. Parks was ordered to pay child support for Brandon and Lexa. Mr. Parks has not voluntarily paid child support and his income taxes were intercepted on five occasions. Presently, he is $10,000 in arrears. Mr. Parks works with computers. Ms Davis does not know his exact job title but his annual income is $60,000.
Ms. Davis is a Legal Studies major at UMUC. She quit her full time job because she found it difficult to work full time and devote the amount of time necessary to do well in her classes. For example, she realized that she needed to spend a fair amount of time preparing for her domestic relations assignments. Ms. Davis works part time as a waitress at a local restaurant. Including tips, she makes approximately $10,000 a year. Ms. Davis receives food stamps and Medicaid from the state of Maryland.
Mr. Parks physically abused Ms. Davis on several occasions. The children observed Mr. Parks beating her. On December 15, 2011, Mr. Parks became upset because Ms. Davis wanted to take the children away to Disney world for the winter break. Mr. Parks bought a new car in November 2011 and he did not want to spend the money for the trip to Disney. They got into an argument which resulted in Mr. Parks punching Ms. Davis in the face. She was holding Lexa at the time and the force of the punch made Ms. Davis drop Lexa. The child received a few bruises and she was very emotionally upset. Ms. Davis was concerned that another fight could result in more serious injuries to her children. She called the police and filed a Protective Order against Mr. Parks. The Court ordered Mr. Parks to refrain from assaulting Ms. Davis. There has not been any further incidences of abuse by Mr. Parks towards Ms. Davis or the children. After that incident, the parties ended their relationship and have not been together since that time.

Mr. Parks has recently married his high school sweetheart. His wife does not work and she is able to stay home with the children. He has a large house and a nice fenced in back yard. They have a pit dog whose name is Rosie. Mr. Parks has a steady job and good health insurance, although he had previously refused to add the children to his insurance policy. Mr. Parks and his wife do not have any children together and his wife does not have any of her own children.
Mr. Parks has not visited the children regularly and usually only sees them on holidays or special occasions. He buys the children expensive presents but does not pay the court ordered child support. The children like their father but they do not want to live with him. When the children visit him, they mostly hang around the house and play video games. There is not much interaction between the children and their father or his wife.
The children are very bonded with Ms. Davis and have told both parents that they want to live with Ms. Davis.
In his Complaint for Custody, Mr. Parks allegations that Ms. Davis is poor and that he can provide the children with a better financial life style. He also alleges that the children would be better off living with him because his wife could care for the children when he is at work. Presently, Ms. Davis’ neighbors care for the children when she is at work.
Mr. Parks also alleged in his Complaint for Custody that Ms. Davis neglects the children. He reported her to Child Protective Services on two occasions but each time, the allegations were ruled out. Child Protective Services noted in their investigation that the children appeared happy, healthy and that the allegations of neglect were unfounded.
Ms. Davis has always been the children’s primary caretaker. Both children are up to date in their shots. Brandon as been diagnosed as being hyperactive and he is receiving treatment for this condition. Ms. Davis takes him to all of his medical appointments. . Brandon plays on the baseball league and Ms Davis attends all of his game. She also attends PTA meetings and teacher conferences. Ms. Davis informs Mr. Parks about the children’s school activities but he never attends any meetings or school events.
Mr. Parks has filed a Complaint for Custody. Ms. Davis filed an Answer to the Complaint for Custody and she filed a Counter- Claim for Custody. As stated above, Mr. Parks alleges that it is in the best interest of the children to be placed in his custody because he is in a better financial condition to care for the children, the children would not need to be in daycare if they resided with him and the children have been neglected by Ms. Davis. He is seeking sole physical and legal custody of the children.
Ms. Davis alleges that she has always been the primary caretaker of the children, Mr. Parks has not been consistent in visiting the children and he is behind in his child support payments. She is seeking sole physical and legal custody of the children.
Ms. Davis can not prove it but she believes that Mr. Parks’s request for custody is financially motivated. Last week, Mr. Parks‘s boss informed him that the state was going to start garnishing his pay because he was delinquent in his child support payments. Ms Davis believes that Mr. Parks filed for custody because he does not want his pay to be garnished.
While Mr. Parks does not agree with Ms. Davis’ allegation that she should be awarded sole physical or legal custody, he agrees with the facts stated in her pleadings and in this memo. This is the first time that the parties have litigated the issue of custody.

Duplicate—- instructions: Final Project (IRACC memo)
(20 points maximum)
DESCRIPTION:
For this assignment, you will draft a legal memo using the IRACC (Question Presented, Short Answer, Statement of Facts, Application of law, Discussion and conclusion) method of analysis. The memo will discuss whether the court should grant our client sole physical and sole legal custody of her children. Your memo must analyze the facts Ms Davis’ case and apply the law to the facts in her
??EVALUATION CRITERIA:?Your memo should reflect understanding of the legal principles regarding custody disputes between biological parents and the factors the court examines in determining physical and legal custody. The memo must accurately and completely cite and summarize the judicial opinions. You must apply the law to the facts in the case. ?Your memo must contain:?-An introductory paragraph-A statement of the facts?-An explanation of the common approach that courts use to resolve custody cases – both joint legal custody and sole physical custody (state the factors that the court looks at to address these issues) ?-A thorough explanation of the holdings of the cases. (The major facts and how the court applied the facts to the law in the cases)
-Application of the law to the facts in our case. (legal analysis) (If there are important facts that are similiar, make sure to state those facts).
-Conclusion- should our client be awarded sole physical and sole or joint legal custody.
?Your work will be evaluated according to the evaluation sheet for Project 2. This sheet must be the cover sheet of your memo.
FINAL PROJECT EVALUATION SHEET
??20 points?YOU GAINED POINTS AS FOLLOWS:
?
1. Introduction (the purpose of this memo- what you have been asked to research) (1 point) ______
2.What are the factors that the court considers in awarding sole physical custody in a suit between two biological parents? (1 point ) ____________
3. What are the factors that the court considers in awarding joint legal custody? (`1 point)________

4. .Based on Sanders, Taylor and the case you found, write a memo using the IRACC method and address whether Ms. Davis will be awarded sole physical custody of her children. (7 points)_____________

5. Based on Sanders, Taylor and the case you found, include in the memo, a discussion of whether Ms. Davis will be awarded sole legal custody of her children. (7 points)________. Make sure this discussion includes legal analysis. This means, discuss this facts, law and apply the law to the facts in the case.
6. Brief of the Maryland case re: sole physical custody that you found. (2 points)
7.. Conclusion ( I points) _________

YOU LOST POINTS AS FOLLOWS:??Incorrect grammar and punctuation (2 points) __________?I
ncorrect citation form (3 point) __________?Late assignment (20 points max) __________

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