Legal Writing Assignment Paper
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
Legal Writing Assignment Paper
1) Using the fact pattern posted in announcements yesterday please write a trial level brief as the attorney for plaintiff in support of your legal position as to why the tape of defendant should be admitted into evidence. In preparing your brief, please note the following:
1) Following the template from NJ courts also posted in announcements yesterday and discussed at length in class, the brief should contain the following sections, doubled spaced:
Table of contents; 1 page
Preliminary statement: 1 concise paragraph
Statement of facts: 1-2 pages
Legal argument: at least 4 pages, with citations
Conclusion: 1 concise paragraph
Table of authorities
Plaintiff and defendant were longtime dating partners who lived together in defendant’s home. Also residing with the parties were plaintiff’s two minor children from a prior marriage, A.B (age 12) and C.D (age 8).
Over time, the parties’ relationship soured and became highly acrimonious. As of October 1, 2018, plaintiff was planning to leave defendant and move out with her children to a new home which she was purchasing for herself. A closing date scheduled for early November, 2018, and plaintiff continued living with defendant on a transitional basis pending the closing.
On October 9, 2018, plaintiff filed a domestic violence complaint requesting a temporary restraining order (TRO) against defendant. She testified that on October 7, 2018, defendant, in a fit of anger, kicked her in the leg and shin, and kicked around her belongings as well. Plaintiff further testified that defendant became verbally abusive by calling her obscene names, threatening to harm her, and ordering her to move out of the house without further delay.
Plaintiff then alleged that on the following day, October 8, 2018, she suspected that defendant had been intentionally tampering with food which she had been making for herself and her children. She testified that earlier the same week, her children had both fallen ill with stomach cramps, while one child incurring diarrhea that required him to stay home from school.
When plaintiff subsequently went to reheat the leftover dinner, she had made for the children the day before, she noticed that the food now had a very watery consistency and a strong pungent odor. Plaintiff threw out the food, but became concerned that defendant, who had grown very hostile towards her, had secretly contaminated the food in some fashion.
As a result, on October 8th, plaintiff had again made dinner for herself and her children. This time, however, plaintiff put the food in pots in the refrigerator, hid a voice-activated tape recorder in the kitchen near the refrigerator, and then left the home with her children for approximately forty-five minutes, Meanwhile, defendant remained in the home with his adult daughter from a prior relationship.
Within the hour, plaintiff returned to the home, retrieved the recorder and listened to the “kitchen audiotape”, which she proffers captured the following:
- a) defendant telling his daughter that he was going to find out where plaintiff was moving, and then blow her house up;
- b) defendant handling the pots of prepared food, clearing his throat, and then spitting phlegm into the food multiple times, followed by a discussion with his daughter about how to make the tampering look less obvious.
- c) defendant discussing with his daughter how he was secretly rubbing his buttocks on the children’s laundry, while his daughter laughed.
After listening to the kitchen tape, plaintiff filed a domestic violence complaint, seeking a restraining order against defendant. Based upon her testimony, a judge granted plaintiff a temporary restraining order (TRO), and scheduled the case for a final hearing before the court, naming plaintiff and her two children as additional protected persons under the order.
At final hearing, plaintiff sought to play the kitchen tape for the court and introduce the contents into evidence, as proof of defendant’s abusive intentions and the necessity of a final restraining order for her protection under the Domestic Violence Act.
In turn, defendant objected, alleging that plaintiff’s surreptitious taping of his comments and actions violated his right of privacy under New Jersey’s Wiretap Act, N.J.S.A. 2A:156A-1, et seq. Defendant contended that under the Wiretap Act, the court was required to suppress the kitchen tape and prohibit plaintiff from playing or otherwise using its contents in the domestic violence proceedings.
Legal Writing Assignment Paper
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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