1996 Advanced Legal Writing Final Examination

ADVANCED LEGAL WRITING

Professor Franks

Final Examination, Fall 1996

GENERAL INSTRUCTIONS

1. Carefully analyze the facts and grasp the issues in each question before beginning to write. Spend time reading the question slowly and carefully.

2. State the issues and answers to each question concisely. Lengthy answers are not necessary.

3. Do not repeat questions in your answers. Write neatly and legibly on only one side of each page.

4. Number your answers to correspond with the question, e.g., "II-B."

5. If you feel it necessary to assume additional facts in any of the questions, give the facts that must be added and state why.

6. Do not write in the margin of the book.

7. All major questions are equally weighted unless otherwise indicated. Subparts are approximately equal but may be weighted slightly differently according to the number of issues involved in that subpart.

8. Write your pin number and the name and section number of the course on which you are being examined on the cover of each examination book.

9. If you use more than one book, indicate "Book One," "Book Two" and so forth on the cover of each book and write your fictitious name and number and the name and section number of the course on the cover of each examination book.

10. A GOOD ANSWER IS NOT NECESSARILY A LONG ANSWER.

QUESTION I

(15% of test)

1. Explain the difference between a restrictive (essential) clause and a nonrestrictive (non-essential) clause.

2. State briefly the basic formula or paradigm for organizing proof of a conclusion of law.

QUESTION II

(20% of test)

Please rewrite the following sentences. You will be graded on all the organization, verbal expression, grammar, spelling and punctuation that you evince.

With respect to plaintiff's third claim, namely that there was a breech of warranty, the lower court held that by reason of the Uniform Commercial Code, which was applicable with reference to the sale, there could be no recovery.

QUESTION III

QUESTION II

(65% of test)

Your client Tricia Smith has received eight telephone calls in the last three weeks from Nu-Way Aluminum Siding Company, offering to sell her aluminum siding for her home. On the third call, last Wednesday night, Tricia told the sales rep never to call again. Three more calls were received from the company Thursday, and yet two more on Friday. Tricia has contacted you for legal representation.

Your research reveals that the Telephone Consumer Protection Act, 47 U.S. Code § (c)(5), provides:

A person who has received more than one telephone call within any 12-month period by or on behalf of the same entity in violation of the regulations prescribed under this subsection may bring in an appropriate court of that State --

(A) an action based on a violation of the regulations prescribed under this subsection to enjoin such violation,

(B) an action to recover for actual monetary loss from such a violation, or to receive up to $500 in damages for each such violation, whichever is greater, or

The applicable regulations of the Federal Communications Commission, 47 CFR § 64.1200 (e)(2)(vi), establish rules for telephone solicitation and provide: "A do not call request must be honored for 10 years from the time the request is made."

Please write the company a demand letter on behalf of your client.

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