Choose a hypothetical from Performing Legal Research assignments that you have not analyzed in your submissions for the Opinion Letter and Memorandum assignments.
Assume you are employed by either a state prosecutor’s office or a plaintiff’s law firm. After presenting your case to a jury, the trial judge dismisses the case for the failure to allege a crime in the case of criminal matter or a cause of action in the case of a civil action.
Draft an appellate brief seeking reversal of the trial court’s ruling arguing that you have proved the elements of your crime or cause of action.
The brief should include at least five authorities. Provide the cited authorities
The hypothetical for this scenario is as follows:
The client has recently moved into your state. He is a single parent of a twelve year old boy. Recently, the child has begun to “act out.” He loves his child and desires to keep him from “getting off track.” In this effort, he believes he will have to spank the child. Corporal punishment by a parent is allowed in the state in which he previously lived. However, he has been told that it is not allowed in his new state. He would like to find out if he will be subject to criminal sanctions if he should spank his child.