Essay Instructions: Law School -- Moot Court Problem.
I will fax you a copy of the problem. I am on the Appellant (prison/correctional facility/supperintendant of correctional facility) side.
**Write Brief for the Appellant**
Citation: The Bluebook (A Uniform System of Citation)
Must Read: Legal Writing and Other Lawyering Skills, 4th ed. Schultz & Sirico (Chapters 4, 23, 26, 28, 27, 29, 30, 31, 32).
Conduct Legal Research on Constitutional Law Issue (Prisoner's First Amendment Visitation Rights). Write Appellant Brief. Use ONLY 11th Circuit and Supreme Court Cases. USE MANDATORY AUTHORITY TO YOUR ADVANTAGE. Standard of Review is De Novo. Brief must have all required parts, including Statement of Facts, Summary of Argument, Argument and Conclusion). DO NOT RESEARCH QUALIFIED IMMUNITY.
Brief must include analysis of the following:
A.) US Constitutional Claims
1.Standing (focus on associational standing)
B.) Federal Statutory Claim
1. Prison Litigation Reform Act (42 U.S.C. Sec. 1997e)
YOU MUST MAKE POLICY, EQUITABLE, and ETHICAL ARGUMENTS. YOU CAN'T WIN ON LAW ALONE!! Cite Law Review arguments and Newspaper articles, for example. USE SECONDARY AS WELL AS PRIMARY SOURCES.
C.)Civil Rights Claim (42 U.S.C. 1983)
[REMEMBER: I AM ON THE APPELLANT (Jail) SIDE, NOT MOTHERS OF M. MEN AND PRISONER M. LINN.] Use proper Bluebook citation format and please don't forget to discuss the four-factor test in Turner v. Safley ("reasonably related to legitimate penological interests of administration and security in the jail"). Also, use short sentences in the Fact Statement.
There are faxes for this order.
Excerpt From Essay:
Essay Instructions: Background:
Father: never graduated high school, drunk most of the time, died of a heart attack at the age of 56.
Mother; Barely graduated high school, never worked for most of her life; finaly found work as a secretary late in life, is currently disabled due to a stroke at the age of 61 - is currently 65.
Brother deceased. Died for complications of cancer at the age of 32. High drug user - in and out of prison or jail. High School Drop out.
Sister: Member of multiple biker gangs. Current "husband" is in prison for trafficking iin marijuana.
Home Life: No rules or regulations to go by. At the age of 14 stayed with cousins for long stretches of time who were with the Hell's Angels motorcycle club. There wasn't any parental guideance of any kind, we could come and go as we pleased.
Many fights and arguments during drunken binges between my parents. No physical abuse, just yelling and verbal abuse.
My father would always tell me I wouldn't amount to anything that I didn't like to work like he did. My father worked with his hands, but I wanted more for myself then that but he never could understand that - I lost touch with my father shortly after I was married and never spoke or saw him again until he died.
My mother - I take care of her now. She lived with me for 2 years after her strokes, but that didn't work out and i now have her in an apartment complex near me after having her live in an assisted living facility to learn how to take care of herself.
About me: I was not a member of any sports teams growing up due to family condition. I tended to cope with the issues of the family by reading - a lot. I was a good high school student but never received that parental approval kids need to hear and feel. After graduating high school, there wasn't any talk of college, nor to do anything else for that matter. I remember I had gone through the application process to gain entrance into Ohio State, gotten admitted, given my parents all of the information along the way including all financial information. Went to orientation with my father on the Ohio State Campus only to have my father ask me on the way home "So, how are you going pay for this?" I knew then, I was on my own.
That Fall (after graduation from High School), I was with friends and we broke into the back of a store that had a wooden door using a tire iron. I went in and took a gumball machine. I think I was looking for the attention I never had gotten at home. And these "friends" were paying attention to me. But because of my guilt I turned myself in. Thinking at the time I would just return the gumball machine. But the owners wanted charges pressed and I was charged with breaking and entering during the commission of grand theft - (valued over $150 -(a felony)). I pleaded guilty just to move on receiving 3 years probation.
3 years later, my brother came home after a bad drug deal with blood all over him. We jumped into my car and headed after those that beat him up. I wasn't sure what I intended to do when we caught up with them however. When we did see one of them in his car, I pulled up next to him started pointing my finger at him and yelling that I was going to beat him up when my brother pulled out a weapon. When I saw he had a weapon, I took off. We were later stopped, the car searched and the weapon was found under the passenger seat where my brother sat. I took responsibility for it, was charged with aggravated menacing and spent 30 days in jail. My misguided need for approval again getting in the way of being smart.
In 1984 I attempted college again taking a course at a local community college. Didn't ake any others. But went to work and found a job in the manufacturing industry as a machinist. I worked in that industry for a few years when I decided that I needed more. At this time I attempted to go back to school. Enrolling in a course at the local college. It was at this time, my father decided to leave my mother. he had found someone else who drank as much as he did and moved in with her. So I found my self in a dilemma... continue attempting my education or help my mother try and keep the house until it could be sold. I chose loyalty, got a second job and tried to continue with school. The school part did not work out so well and my grades reflected it, 4 F's in 3 semesters. My attempt at further education ended with a formal dismissal from Cleveland State in the Spring of 1988.
But I wasn't done with my education desires and went back to school at a local community college in 1993 completed almost all undergraduate requirements eventually transfering back to Cleveland State in the Fall of 1999 in the Mecahnical Engineering program.
What prompted the return to Cleveland State in 1999? Another arrest in 1992. While seperated form my wife, I was seeing a women and we would go to a local bar on many occasions. We left another bar, traveled back to the bar we would normally go to. While in the parking lot, she took out some cocaine and was doing some when from the back of the car the police showed up and arrested us. Apperently this women was under surveilance for cocaine purchases. I pled no contest to attempted possession and served some time in jail (on weekends). I lost my job as a general manager at a manufacturing company.
The next month I was stopped for driving under the influence of alcohol.
I decided that enough was enough.
In the Spring of 2000, I withdrew from school to focus on my career and to decide if I wanted to be an engineer or not. I decided not and 5 years later I re-entered Cleveland State in the Fall of 2005 as a business majer. I completed all upper level requirements (2 full years - Junior and Senior years) in 3 and 1/2 years taking 2 - 3 classes at a time. My grade point average for this period was a 3.55. I graduated in the Fall of 2008 with a Bachelor of Business Administration. Even with the 4 F's form 1988/1989, I still managed a 3.16 overall grade point average.
The following Spring (2009), I entered Graduate School at Cleveland State University and will finish the program in 11 months and graduate in December of 2009. I currently have a 3.56 grade point average and am in my last 3 classes.
Extra activities: I was a member of our cities Recreation Board serving for two years. I was president of 2 of the youth leagues (Basketball and Baseball) running one or the other effectively for 13 years. Only stepping down two years ago to focus on completing my education.
Why Law School? There are several reasons why I wish to study law and become an attorney. I have a fundamental belief in the legal system and its ability to produce justice within our society. I believe that good lawyers enhance the judicial system’s ability to be fair, compassionate, and accountable to the people it serves. I hope that I will always bring the same passion for doing the right thing to my work as an attorney as I did running the youth leagues and helping those kids. No matter what type of law I ultimately choose to practice, I am guided by the values that I learned dealing with those children. Another reason that I wish to study law is for the academic challenge. I love the intellectual engagement of learning and exploring different perspectives. I know that law school will be challenging and I hope to excel as a law student. The final reason that I wish to study law is that I aspire to work with children and families. Pursuing a career that combines both the law and children is one of my dreams.
There are faxes for this order.
Excerpt From Essay:
Essay Instructions: Write a personal statement for law school with the following things in mind to possibly answer.
Will you be a good lawyer?
2. What was your tangible impact on an institution, an organization, or individuals?
3. Have you reached beyond the safety net of college into the real world?
4. Do you have a plan for your goals, or are you a dreamer?
5. Can you put yourself in another subject position in order to see all sides of an issue?
6. What will you bring to our law school?
7. Have you been a pro-active starter in the past? Did you raise money for what you started?
Do you know how to organize? Do you follow through on what you began?
8. Have you demonstrated your ability both to work with a team and to delegate?
Some personal material to include might be: I am Asian American, born in Seoul Korea, adopted when I was 2. My father died when I was 6, after which my mother physically abused me until the 8th grade. Junior year in high school my brother sexually assaulted me, and I had to move out for a year until the case was settled.
I prefer it to be in narrative form:
1. Tell a personal narrative or story. People remember stories. Have a clear ending to your story/stories as well as an explicit lesson. This type of essay typically allows you to demonstrate aspects of your character and leadership skills.
2. Show how you have made chronological growth, including steps you will take in the future. It is generally better to avoid giving long narratives about some aspect of yourself before college. If you have a good reason for mentioning your childhood or adolescence (such as an unusual history abroad or a specific obstacle you have overcome), then it is better to keep it to one short, vivid paragraph and refer to it again later in the essay, if you are making it the unifying theme of your statement. This structure relies on time to move it forward, but that is not enough: it also requires a theme you are tracing through time.
Try to make it unique, avoid any generic qualities. The style should be persuasive while avoiding passive voice. Avoid sounding smarmy (self-serving/sacrificing), yet appeal to universal human values, including success, freedom, honesty, and friendship, among others. Make sure it's structured and personalized, with a attention grabbing intro.
Excerpt From Essay:
Essay Instructions: Write a personal statement for law school admission discussing the following:
-Transfering two times throughout my undergraduate college career seemed to be a downfall or a limitation but turned out to be a necessary step in my life in order to be successful in the long run
-incorporate the quote "Character is who you are, reputation is merely what people think of you." in the context of knowing myself, knowing my goals in life, and having direction depsite my difficult road to success in college
- i am goal oriented and attain my goals by setting objectives continuously and set higher standards after reaching a goal
- intercollegiate athletics, specifically basketball has been an important part of my college career and an important life lesson...learned leadership, team work, persistency, faith,confidence in myself and others, the importance of shared goals; this year as team captain led my team to the conference championships and an automatic bid in the NCAA Division 3 Women's Basketball Tournament
- highlight strengths as being responsible, faithful/loyal, persistent, reliable, confident, competitive (in basketball, law, and life you win or lose and must be competitive and outgoing...never give up)
- I have been persistent in my career goals and educational beliefs
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