Advocate for Dr. Blackwell’s legal position in your memo
Simulation Exercise: Advocacy Memorandum
Introduction: In this simulation, students are asked to analyze the Stipulated Facts and Longville case law, spot as many contract law issues as possible, and then write a 5-7-page memorandum (academic quality, double-spaced, memorandum format) that advocates a particular side of the dispute. The side you are to advocate for will depend on the first letter of your surname as follows:
Advocate for Dr. Blackwell’s legal position in your memo
By “advocate” it is intended that you present the best legal argument supporting your party’s position based on the laws of the state of Longville.
Assignment:
Review the Concept Summaries and your notes from chapters 6 and 7 in the textbook.
Study the Stipulated Facts and Longville case law in the Simulation Exercise.
Compose a 5-7-page memorandum that focuses on the enforceability of the restrictive covenant. Your memorandum should contain: 1) a brief summary of relevant facts of the dispute (“brief” meaning in about a page at most); 2) an explanation of each legal issue in the analysis with an application of legal rules or doctrines governing the dispute; 3) a list of all remedies that your side is entitled to; 4) a tenable solution to attempt to resolve the dispute in a non-judicial forum. Your memorandum should articulate arguments that support your side of the case by citing directly from the Longville cases points of law and opinion excerpts (use a simple parenthetical citation format with the first name of case and point/excerpt number such as Wellspan at Point 2, or Regional at Excerpt b1”).
You may use supporting legal arguments from other states, but be sure to properly cite to any other sources. Include the course textbook in your “References” or “Works Cited” section since it is at least the source of the problem and Longville case law.
Be sure to explain why you cited a particular point. Start with your strongest argument and give an analysis as to the likelihood of success of each theory.
In determining a tenable solution, carefully consider the objectives of each party (e.g., NA’s desire to protect their legitimate business interest; Blackwell’s desire to practice medicine in southwestern Longville).
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