The Project can be accepted late until the official course ending on Tuesday, 11:59 pm ET as per the Late Policy posted in Content. There is no grace period for submitting work beyond 11:59 pm ET, Tuesday, Week 8.
Purpose: The purpose of this project is to apply analysis and writing skills in developing a Memorandum of Law to Support a Motion to Dismiss.
Course Outcomes met by Project 2:
Draft balanced office memoranda that analyze legal issues.
Draft letters advocating for a client objective.
Draft external memoranda that advocate for a result on a legal issue.
Background:
Our client, Emily Folly’s case was not resolved as a result of the Demand Letter.
Earlier, the landlord, Sherman Helmsley, sued our client, Emily Folly, in the District Court of Maryland for Prince George’s County (Case No. 433445) pursuant to Md. Code Ann., Real Prop. § 8-402.1 for repossession of the apartment asserting that Ms. Folly does not have a lease agreement. Alternatively, Mr. Helmsley asserts that Ms. Folly is in breach of the lease for using the apartment for commercial purposes.
Ms. Folly is requesting that Attorney Ivy file a Motion to Dismiss the action in the District Court of Maryland for Prince George’s County.
Attorney Ivy is considering filing a motion to dismiss the case against Ms. Folly, but has asked you to first draft a Memorandum of Law in support of filing a motion to dismiss. Note: you are drafting a memorandum in support of filing a motion to dismiss, not drafting the actual motion to dismiss.
Instructions:
Draft a Memorandum of Law that supports a Motion to Dismiss under Md. Rule 3-311.
Use the cases and statutes in the LEGAL RESOURCES FOR PROJECTS in MAJOR PROJECTS INFORMATION in Content. Also, use Md. Rule 3-311 to support a dismissal of the repossession action.
The Memorandum of Law should thoroughly explain the law and cases that support Folly’s request for a dismissal.
Refer to FACTS FOR PROJECTS in MAJOR PROJECTS INFORMATION in Content. Assume all facts are true. Do not assume or make up additional facts that are not in the record.
Note: For help with citations, refer to the “LGST Quick Legal Citation Guide” located in the classroom under Read Me First in Content.
Format:
The format for this two-issue memorandum follows:
Case Caption: see The Advocacy Memorandum for the caption format; includes parties’ names, court, and case number
Heading: “Memorandum in Support…”
Introductory Paragraph: use this: “Emily Folly (hereinafter “Tenant”), files this Memorandum in Support of her Motion to Dismiss pursuant to Md. Rule 3-311 and states as follow:”
Questions Presented
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