University of South Florida Thomas V True Car Parts Corporation Litigation Memorandum Hello, I would like from you to complete the following and let me kno

University of South Florida Thomas V True Car Parts Corporation Litigation Memorandum Hello, I would like from you to complete the following and let me know if you have any question

I will upload all the links as files in case you cannot access them

Writing Requirements:

This assignment is the first of four steps in completing the legal memorandum. This assignment has a different format than the earlier ones. This assignment will require you to:

Solve a statistics problem – you will solve the statistics problem and include it in this assignment (in the appendix.) – You will use the calculations you complete to inform the recommendation you make for this problem.
Answer the problem definition questions included on the first page of the assignment template -through doing this you will articulate an understanding of the problem and what you are being asked to do with that problem, the value of the statistical calculation to addressing the problem, and who the audience you are asked to address is and how their role and status will influence what and how you write your memorandum.
Complete a draft of the memorandum – through doing this you will demonstrate an ability to understand and explain a statistical problem
Using language appropriate to the process you are participating in and the status and background of the audience you are addressing.
Presenting a detailed analysis for this audience to understand what you have done and have confidence in your recommendation.
Present the memorandum such that elements flow (Links to an external site.) in a clear professional way.
Revise and edit your document so that it is complete, clear (Links to an external site.) and concise (Links to an external site.).

To complete this assignment you will use:

The Legal Memorandum Template – open this template and complete the assignment in it
The Legal Memorandum Guide – this will provide guidance on the content of the memorandum
The problem description below – this is the statistical problem you will address.

You may also reference the Legal Memorandum exemplar to see what the layout completed assignment will look like.

Problem Description

You are being brought in as an expert witness in a class action lawsuit (Links to an external site.) – Thomas v. True Car Parts Corporation. Using your engineering background you are being asked to provide an argument as to the liability or not of Trusted Car Parts for the design and production of their shafts used in fuel pumps currently in many automobiles from multiple manufacturers.

Shaft wear in excess of 3.50 microns could lead to catastrophic failures of a certain model fuel pump in extreme weather conditions. Engineers for the manufacturer of the shafts claim that the shaft wear is within acceptable limits. Lawyers representing a class action legal suit filed against the company feel that recent vehicle failures for vehicles with this shaft are due to faulty bearings causing abnormal wear and, thus, feel that the company should pay for the necessary vehicle repair and parts replacement.

The amount of shaft wear (in microns.) after a simulated mileage of 250,000 miles was determined for each of n = 45 fuel pumps having copper lead as a bearing material, resulting in and s = 1.25. Use the appropriate hypothesis test at level .01 to determine if the shaft wear is within acceptable limits. Please state any assumption you have made, if necessary.

Conduct the appropriate hypothesis test. What determined your choice of the alternative hypothesis? Whose claim would you support?
Be sure to present in plain language the logic of your statistical approach clearly and completely to convince the Judge and jury of your position.
Write your response as if you were presenting evidence as an unbiased expert witness.

Audience: Your document is addressed to the judge in the case – The Honorable Fahimeh Hamidi, and copied (CC) to Thierry Reints, Clerk of the Court, Mikaela Booth, Plantiffs’ Counsel, and Jon Grabinkski, Defendant’s Counsel

As the expert witness for this case, the jury who will be reviewing the case documents is an important audience even though they are not formally addressed in the document. This audience is assumed not to have the specific technical knowledge of the field the witness is explaining. The expert witness must persuade the audience of their expertise and their presentation of the case is the most credible assessment of the facts possible. Student:
Problem Definition Questions and Answers
1.
What problem you have been asked to address? This is not a statistics question, therefore
the answer is not about performing a certain calculation.
2. What is the objective or outcome this work should produce? Again, this is not a statistics
question, and will not be answered with a statistical approach.
3. Why is a hypothesis test of the type you are using the most reliable approach for providing
the best possible answer to this problem?
4. To who have you been asked to address this memorandum?
5. Who else is likely to read the memorandum as part of the litigation (courtroom) process?
6. What do you need to accomplish with the jury when they read this document?
7. How will you approach accomplishing this with the various elements of your document?
1
MEMORANDUM
TO:
CC:
FROM:
DATE:
RE:
Question Presented
Brief Answer
Facts
Discussion
Conclusion
1
Appendix A – Statistical Calculation
2
Legal Memorandum Guide
This document is based on CUNY School of Law webpages “Drafting a Law Office
Memorandum1”. Many elements of that document have been used below, while others have been
omitted for students who will not have access to the information required to complete the
elements of law typically included in this type of document.
INTRODUCTION
Use this document as a guide to develop and organize the content of your legal memorandum.
The document has the following sections:
General writing instructions
Memorandum header
Memorandum body content (This is different than the previous Memoranda.)
Appendices
General formatting
GENERAL WRITING INSTRUCTIONS
▪ Use the memorandum template provided. Use the provided memorandum template to
develop your memorandum. The template includes text boxes that become available when
you click on them, type your text in them. Refer to the memorandum pre-writing example
and the memorandum example as you complete the different assignments for a guide on the
appearance of the document. (As the example does not include specific content, it is NOT a
guide for the word count or length of the document.)
▪ Use full sentences and paragraphs. Prepare your memorandum using full sentences and
paragraphs.
▪ Use plain language. Frequently in your professional lives, you will need to present the work
you have done to audiences who do not share your technical expertise. Therefore, being able
to explain your work in language people without your expertise will understand is an
important skill.
▪ Revise your content prior to submitting it. When you have completed developing your
memorandum, revise, then edit and proofread your document. I recommend that you use
editing software to check your documents. (One option that has a free version is Grammarly,
but there are many others available.)
▪ Include your name in every location that says student and your last name in the file name.
1
The structure and content of this section is based on the online “Drafting a Law Office Memorandum” webpage
from CUNY School of Law (2018). Their directions are intended for communication within the legal profession, with
many elements that require a knowledge and documentation of legal precedent. The elements that require
knowledge of law case and legal system knowledge have been omitted from this structure.
How to Write a Memorandum for Litigation
1
MEMORANDUM HEADER
This section of the document provides a reader with introductory information on the
memorandum. While it may be structured differently by different organizations, it should
always be easy to identify and read. Readability is increased not only with wording but also
with layout. Things like indenting information to align important header elements and
including lines between elements makes the parts of the header easy to find and read.
To
What is the purpose and format of this part of the header? In this section, include the person(s)
to who the memorandum is addressed. The amount of information included for each is
dependent on an organization’s level of formality and the role of hierarchy in the organization.
National culture may also play a role in these decisions, as some may place greater importance
on titles (such as Mr., Dr., or General). The person’s role title is often included, as it will dictate
what type of information they need from you. Finally, the location of the addressee can be
included, when it also suggests the type of information the document will include. When in
doubt, it is better to be more formal and include too much information than to find out it was
needed but not included.
For this document, follow the lead of the exemplar, on paper a judge is title is Honorable.
CC (Carbon Copy)
What is the purpose and format of this part of the header? In this section, include the people to
whom the memorandum is copied.
For this document, emulate the level of detail in the exemplar. Each person being addressed is
on a new line that is indented to the same extent as the first addressee.
From
What is the purpose and format of this part of the header? In this section, identify the author
(as an individual or group) of the memorandum.
For this document, emulate the level of detail in the exemplar.
Date
What is the purpose and format of this part of the header? The date of the document is
important for a reader to understand the currency of the document. For example, say a reader
knows something happened last night that will influence the issue addressed in the
memorandum. If they look at the memorandum and see it is three days old, they know
memorandum will not address the most current information and thinking on the issue.
For this document, use the due date of the final memorandum.
Re
What is the purpose and format of this part of the header? This is an alternative way of
referring to the subject line, it needs to provide the reader with a clear indication of the topic of
the memorandum. For a legal memorandum this line should indicate that this is litigation either
by using the case name or indicating there is a “claim”.
For this document, think about what is necessary to identify the topic of the memorandum,
including that this is about a lawsuit.
How to Write a Memorandum for Litigation
2
MEMORANDUM BODY – FORMAT
Section Titles
The template is set up for each section title to be on its own line and in bold font. The body
of the text starts on the line below the title and is regular 12-point Times New Roman font.
MEMORANDUM BODY – CONTENT
Include at minimum the following sections in your memorandum: question presented, brief
answer, facts, discussion, conclusion, and addendum. Any references are identified in foot
notes in enough detail for the reader to know the document title, author(s), date of
publication, and how to access the document if it is publicly available on line. (References
are not required but may be used if you do not understand the problem.)
Question Presented What is the purpose of this section? This needs to state specifically, and
objectively the question that is being addressed in this case. For this type of memorandum
there should be enough detail in the memorandum that the question is precisely and
completely understood by the reader, and it can be answered with a yes/no answer.
For this document,
▪ Present the subject of the memorandum as specific, objective question.
▪ After making sure that the question is stated completely, revise it to be as clear and
concise as possible. Your ability to state things completely, clearly and concisely will be
closely reviewed in this section.
Brief Answer
What is the purpose of this section? This section needs to mirror the question. It must provide
a busy reader your recommendation for the outcome of the litigation and briefly tell them
why you are able to make this recommendation.
For this document,
• Your answer to the legal question MUST be based on your analysis and what you
know the analysis can show.
• Your answer must relate specifically to the question be asked.
• After making sure that the answer is stated completely, revise it to be as clear and
concise as possible. Your ability to state things completely, clearly and concisely will
be closely reviewed in this section.
Facts
What is the purpose of this section? In this section you will clearly present the facts you used
to evaluate this case. This includes accepted standards upon which the case is founded.
However, this section must also put these facts into the context of the case.
For this document,
• Provide the context and input information you have for this situation in this section.
Merely, dumping the data on the judge, lawyers and jury will not help them
understand the situation and why the facts are important. Remember that while you
will have been working with this situation for a while, the readers you are writing for
will need to clearly understand the foundations your recommendation is based on
from the beginning understanding it step-by-step.
How to Write a Memorandum for Litigation
3

When organizing this information remember the audience is not made of statisticians
and organize and word this paragraph to make the information and its relevance
clear to your audience.
Discussion
What is the purpose of this section? This is the section in which you will clearly present the
analysis you completed. Start from the problem and the data and how you approached
evaluating the situation. You will present why your evaluation process is known to show the
type of information you will find from it, what you find and how your finding lead to a
recommendation.
For this document, include:
• The logic of how you analyzed the question is very important for this type of nontechnical audience. You need to convince them that your analysis is valid, and
reliable. So, while you want to identify the statistical approach, its name alone will
not mean anything to a non-technical audience. Therefore, using plain language, you
need to:
o Generally, describe what does the analysis process allow you to do and
show? This should be done BEFORE you connect the statistical approach to
this specific problem.
o Then, connecting it to the problem, describe why this approach is particularly
valuable for answering this legal question. This should include the constraints
of answering this question that makes this approach appropriate.
o The statistical approach you will be using to solve this problem may be
calculated in one of two directions. One provides a better answer for this
legal action; explain why the one you will use is a better option.
• What the outcome of your analysis was and how it led to the answer you arrived at.
Conclusion
What is the purpose of this section? This section must clearly and concisely synthesize
everything that was addressed in the document, concluding with the recommendation. As
the bookend to the summary, it is important that you word this differently than the
summary at the beginning; this allows readers a final chance to be clear on what you have
told them.
For this document, include a synthesis of:
• The question
• How you approached determining your response, that is our method of statistical
calculation (in name only)
• What you know about the situation because of the analysis, in plain language,
▪ Your recommendation
How to Write a Memorandum for Litigation
4
APPENDICES
What is the purpose of this section? The appendices in a document are reserved for content that
may be helpful to the reader but would interfere with the document flow if included in the main
text of the document. Documents may have multiple appendices, with each one addressing a
separate topic.
▪ Each appendix starts on a new page with “Appendix,” a sequential letter (starting with A),
and a descriptive title. (see Figure 2 at the end of this document).
For this document, include a typewritten copy of your total calculations.
GENERAL FORMATTING
This section provides formatting information for your memorandum. If you do not know how to
accomplish any of the formatting requirements, there are many good online resources, please
consult them.






Page: 8 ½ x 11 inch plain white paper portrait (vertical) layout.
Margins: one-inch margins on all sides
Paragraph Format: General setting 0 indentations, Spacing – before 0, after 0, line spacing single. Do not add space between paragraphs of the same style.
Footer:
▪ Justified left: the subject line text of your memorandum.
▪ Justified right: page number (number all pages, starting with the first page.)
Font Style: Times New Roman except for the Memorandum title (see below) 1
Font Size: 12 point. (You may go down to 11 point, if it helps you keep the last few lines of
a memorandum from ending on a page alone. Keep font size consistent in the document
unless otherwise specified.
How to Write a Memorandum for Litigation
5
Problem Questions and Answers
1.
What problem you have been asked to address? This is not a statistics question; therefore,
the answer is not about performing a certain calculation.
Your answer to the question here.
2. What is the objective or outcome this work should produce? Again, this is not a statistics
question, and will not be answered with a statistical approach.
Your answer to the question here.
3. a) What hypothesis test is appropriate for this problem? b) What does it let you know about
the problem that can inform your decision?
Your answer to the question here
4. To who have you have been asked to address this memorandum?
Your answer to the question here.
5. Who else is likely to read the memorandum as part of the litigation (courtroom) process?
Your answer to the question here.
6. What do you need to accomplish with the jury when they read this document?
Your answer to the question here.
7. How will you approach accomplishing this with the various elements of your document?
Your answer to the question here.
1
ME MORANDUM
TO:
Honorable Waya Thlocco
CC:
William Buckley, Clerk of the Court
FROM:
Mariaelena John, Engineering Expert Witness
DATE:
February 10, 2019
RE:
Mr Dabydeen’s claim of loss due to Bad Company negligence
Question Presented
Is Bad Company liable for medical expenses of their product users due to negligent use of
cariogenic materials in product X that lead to cancer in Bad Company product users?
In this section provide a complete, concise, and grammatically correct statement of the legal question.
Brief Answer
Analysis of provided data indicates that Bad Company is liable for medical expenses as the
company was negligent in the design of product X, providing exposure to cancer causing
materials and resulting in significantly increased cancer rates in the class bringing this suit.
In this section state your finding as the answer to the legal question completely, concisely and
grammatically correct.
Facts
In this section of the document introduce the audience to the data you were provided in the case
description. This should read in a way that makes sense to a new reader who is not a statistician or
engineer.
Discussion
In this section provide a plain language discussion of the context of the case, the logic of your approach
to addressing the case (why does this approach allow you to make a determination on this case?), what
you know from your analysis of the data and your finding.
Conclusion
In this section provide a synthesis of the memorandum, being sure to include the answer to the legal
question.
2
Appendix A – Statistical Calculations
Include in this section a typewritten copy of your calculations. Organize them in a way that
the steps you took are clear for the reader to see.
3

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