Prepare a Motion for Summary Judgement and Develop an Oral Argument in support of your motion for summary judgement
This assignment has two parts !
A motion for summary judgment may be filed after the discovery period is over. A motion for summary judgment alleges that there are no material facts in dispute and that the moving party is entitled to judgment as a matter of law. The court may grant the motion for summary judgment in whole or part. If the court grants partial summary judgment, then only the remaining legal and factual issues will proceed to trial. A motion for summary judgment can be a cost-effective and efficient way to resolve legal disputes.
In writing a motion for summary judgment, you should clearly and concisely state what you want the court to do. Your introduction should summarize your winning legal arguments and provide a road map of the analysis and discussion in the brief. In the motion, you will list and discuss your winning points in order of importance. When drafting a brief in support of a motion for summary judgment, remember to state the factual issues objectively. However, you are an advocate for your client so the analysis and argument portion of the brief should be persuasive. In addition to legal argument, be sure to provide a statement of all facts relevant to and in support your client’s position and cite to where the evidence may be found.
Be sure to review this week’s resources carefully. You are expected to apply the information from these resources when you prepare your assignments.
Instructions:
During discovery the following evidence was established:
Jones had earned a high level of respect from Chief Williams and the officers he supervised. The commissioners also agreed Jones was an excellent Lieutenant. As Lieutenant, Jones served as acting Police Chief when Williams was unavailable.
The commissioners attributed Thompson’s training-and-employment score to his four-year degree and his participation as a Drug Abuse Resistance Education (D.A.R.E.) instructor at local schools.
After interviewing the candidates, the commissioners asked Williams to leave the room while they deliberated. According to Williams, the request was not typically done. Before leaving, Williams told the commissioners that Jones was the right choice for the position and that should be “accurately reflected in the scores.”
Chief Williams could not recall another occasion in which a candidate had received perfect scores from every judge in connection with any police hiring or promotion decision during his tenure as Chief of Police.
In the past, each commissioner independently scored each candidate. The scores for the other two finalists varied greatly between the commissioners.
Two of the commissioners denied or claimed not to remember changing Jones’ interview scores although markings on the scoring sheets were altered. Nor did they recall independently reaching these scores before deliberating.
Commissioner Green stated in his deposition that they had “obviously” agreed on “leveling” Jones’s interview scores to reach a consensus.
At the time, a City officer with at least three years of service was retirement-eligible at 50.
As Commissioner Mustard said, “We were all aware that he was eligible to retire at any point in time that he chose. He was eligible right then; he could have pulled the trigger at any time.” Thompson’s age ensured he would not retire for another seven years.
Chief Williams believed that the commissioners were looking to hire “long-term,” recalling, “Based on what I know about the whole—well, not only the process but the things that were said after the process, I think that Jones’s potential retirement date probably did come into consideration.”
Jones never told the commissioners he was seeking retirement or would not be committed to the position.
In a meeting with the unsuccessful candidates, Commissioner Rose said that Jones’s eligibility for retirement “might have” been a factor in the commission’s decision.
In this assignment, you may choose whether you would like to represent Jones or the Greenwood Police Department. Using your legal research and analysis, as well as your objective and persuasive writing skills draft a Motion for Summary Judgment on behalf of your client.
Length: 7 pages
References: Please use a minimum of 5 legal resources to support your analysis in the motion for summary judgment.
Second part :
Written transcript for oral argument is needed for this part !
Using all of the skills that you have learned to date, please develop an oral argument supporting your client’s Motion for Summary Judgment.
Length: 10 minutes
References: Please use a minimum of 3 legal resources in preparing your oral argument.
Attached are previous assignments done for the same case with feedback.
MJ-MLS6000-5 Feedback :
Excellent short answer, but we usually qualify in the law – ie Lt. Jones may have a case of age discrimination based upon what appears may be some discrepancies in the scoring process but more investigation will need to be done before we can be sure.
In the statement of facts – you are discussing what he must prove. The facts are just the facts – you are setting up the scenario for your argument.
Analysis of merits and argument are the same thing – you should just have one argument section. But here you are writing a memo for the client to advise them of their possible legal liability so you want to be objective not argumentative. You want to lay out what the law is for the client and then discuss how the facts of this case fit in with the existing case law.
In legal analysis we look for cases with the same/similar facts and how the court decided that case, then we look at the facts in our case to predict how a court might rule in our case. This is what we present to the client. And legal analysis without case law isn’t persuasive, we use secondary resources only when we can’t find primary and there is plenty of age discrimination cases where the winning candidate won because of subjective scoring where the objective scoring was tilted the other way.
MJ-MLS6000-7 Feedback :
Excellent work ! you are absolutely correct understanding the nuances of the subjective scoring is very important – that and looking for case law where the subjective scoring was so lopsided especially when compared to the objective scoring. I also think the depositions of the commissioners to understand what was needed to get a perfect score and the process for turning in the scoring/ability to learn the scores of the others/change their scores subsequent to learning others scores etc. to determine if their is sufficient evidence to prove discrimination.
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