Monday, January 4, 2010

Post #8

I'm in the final week of my internship. I have worked 112 hours and have 28 hours to go. After I finished drafting the complaint, the correspondence letter, the motion for downward departure, and additional summary of investigation, my supervisor gave me a different assignment. This time, I am writing a Motion for Summary Judgment for a civil case. A person has filed a complaint about certain business practices and misconduct, and we represent one of the businesses. The purpose of this motion is to show that neither party argues the facts of the case, and as such the court should review it and see if the company we represent is liable for the damages that were allegedly caused by the business, and since the plaintiff has not said what the business should do because of the actions of another business, we would lik to move for dismissal of this defendant. As with every assignment I have at MacArdle Law Office, I am expected to review a previous document similar to what I will write and alter it as a template in order to compose the draft. I like this assignment because I have to do a lot more thinking and formulate my own arguments, instead of following the direction the case is heading. I read over the testimony for liability, causation, and damages--I have to prove that this business is responsible for the damages, caused the damages, and figure out what exactly the damages are, which is something that even the plaintiff doesn't say. That is really my template. The most effective argument for this case, and for lots of civil cases, is to stick with those three points.If these can be found,than the plaintiff has a case. If they cannot be found, than we have an even better defense.

So the plan for today is I am going to read and become familiar with the case, as usual, and write the relevant pieces of information into the Motion for Summary Judgment.

My writing is starting to reflect how my thinking is changing. I can read for relevant facts and weed out the unnecessary details better, which of course makes my writing more direct and persuasive.

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