Legal Memorandum
Description
In this final communication assignment, you will persuade and non-technical
audience, a jury, that the statistical analysis that you have done provides
adequate evidence on the case they must determine. You must explain to a
jury from the general population the case, how probability and statistics
can inform it and what you found by doing your analysis all organized in a
way and using language they will understand. Part of this will be
explaining why this approach can be used with confidence in addressing this
question.
You will also demonstrate your ability to edit a professional document to
assure it is clear, complete, and concise, following the direction provided
in the Legal Memorandum Guide. Proofread and edit your pre-writing document
for grammar and spelling PRIOR TO TURNING IT IN (you may use an external
grammar tool to help with this. The Legal Memorandum Template is provided
to make formatting the document easier. This example
<https://usflearn.instructure.com/courses/1457942/files/106139184/download?verifier=QKO2E5rnJUf7vrpdTk8PhWR2fjnPkaKyOVgDHPix&wrap=1>provides
some insight into the appearance of the document. The document with the
appendix is no less than 2.5 pages.
Assignment Preparation
- Read the Legal Memorandum Guide
- You will be expected to discuss the elements of this assignment
accurately. There are several areas in which students have had difficultly
in the past that you may want to make sure you are familiar with
- Be sure to make any claims based on your findings in a way that is
accurate to what the statistical method allows you to know.
- Be sure you understand what a class-action lawsuit is.
- Be sure you are clear on the difference between the data and your
evaluation of it.
- Be sure to clearly outline what you know about the data AND why
what is provided is important.
- Be sure you clearly understand the specific car part you are
discussing. If this is not a familiar product take the time to
look up some
information on it before writing about it so you can speak precisely.
Problem Description
A series of seemingly related recent automobile failures have resulted
in a class-action
lawsuit <https://www.law.cornell.edu/wex/class_action>, Szabo v. Reliable
Car Parts Corporation being filed. The ‘class’ in this case is claiming
that Reliable Car Parts manufactured a part that does not comply with
mandated performance standards in place to assure safe operation of
vehicles. The class was established as this part has been used by many
manufactures in many models of vehicles for a decade, and therefore,
involves hundreds of thousands of vehicles. They are claiming the failure
of this part has led to serious engine failures resulting in needed vehicle
repair or replacement, for which Reliable Car Parts should be financially
responsible.
The part is question is a shaft with a copper-lead bearing surface that is
manufactured for use in fuel pumps. The use of copper lead as a bearing
surface was considered a revolution in the performance capability of this
part when it was introduced. However, after a decade in operation, the
ability of this design to meet performance standards established for the
safe operation of vehicles is being questioned. The established standards
require these parts may not wear more than 3.5 microns over a useful life
of 250,000 miles of vehicle operation with the fuel pump using this shaft.
This standard has been established, as wear of the shaft bear surface
exceeding this amount can result in catastrophic fuel pump failure in
extreme weather conditions.
Due to the significance of this litigation, the Judge involved with the
case, The Honorable Faeza Hai, has brought you in as an expert witness,
independent of either side of the litigation, to provide the jury with the
clarity that can be brought to the question by an engineering review. At
your request, she is providing you with data from a random sampling of 45
shafts of this design from a recent manufacturing run, which have been put
through a test simulating 250,000 miles of wear. The result of this test
was and She is requiring that you complete your work with a high level of
confidence, therefore you have suggested using a confidence interval of
.01. You are to provide the jury with which side of the litigation you
would support and why in a written document that makes the determination
clear and believable to them. The document you are to provide is to follow
the court's template and their Legal memorandum guide. You will also copy
the document to Miles Davis, Clerk of the Courts, Michah Bioano,
Plaintiffs’ Counsel, and Jay Grabow, Defendant’s Counsel.
Data from Sample Testing
Assignment Grading (be sure to review the assignment rubric)
- You will be expected to use the Legal Memorandum Guide and example to
include all the required elements in your memorandum. A particular
challenge of the assignment is the explanation of the method used for
calculations; why it is appropriate, and which option was selected and why.
- Before turning in the work you will review the document for flow at
the sentence, paragraph, and document level.
- You will need to complete a statistical calculation using the correct
approach, arrive at the correct answer, and use the findings in a
professional way to develop a recommendation.
- *Clarity, conciseness, and accuracy -* While clarity and conciseness
are a concern for the entire document, the memorandum subject line (RE),
the question presented, and the brief answer will be closely evaluated on
the accuracy of your statements, and the clarity and conciseness of your
document elements. (Be sure you understand the difference between liability
and negligence.)
- *Addressing your audience - *Your document must be worded in a way
where your audience will understand, believe, and be persuaded by what you
say. Each of the elements must be worded in a way that is complete and
coherent to an outside reader who is likely not an engineer or
statistician. (Finding someone like that to review your document and tell
you where they are not following your writing can help you with editing.
An outside reader may review your document for problem areas but MAY NOT do
your writing for you.)
- *Completeness - *All the elements shown in the Legal Memorandum guide
must be included in the correct sequence and format.
*This assignment is being submitted through the similarity review to
trigger checks for plagiarism and at the same time will be reviewed for
grammatical correctness.*
Assignment Submittal.
This is an individual assignment for which each student must upload a
document in one of the allowed formats listed on the assignment. Documents
submitted in alternative formats that cannot be opened and graded will
receive a zero.
.doc file | Other | 3 pages, Double spaced
GeneralEssayUndergraduate
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