1 Memorandum of Law: Case Briefs The question you are going to try and answer is: "Do the Virginia courts follow the same unconscionability doctrine as set out and applied in Jones v. Star Credit Corp.?" The Jones case is a New York case. The citation for this case is: Jones v. Star Credit Corp., 298 N.Y.S.2d 264 (Sup. Ct. 1969). However, before comparing the standards in your rough draft you need to create 5 case briefs. Below, I have detailed the ten steps that you need to follow. I recommend printing this document and using it as a checklist.
Log-on to Lexis Nexis Academic. For this course we will be using the Lexis Nexis Academic research service. This search engine is available to you through the myLU portal. In the MyAccess box click on the "Library" link. Once you are on the Library page, click on the tab at the top of the page labeled Collections. Click on the option under "Electronic" labeled "Databases." Then, click on the letter L in the Box on the left-hand side labeled "Browse by Letter." You will be able to access the database from this page. For additional instructions on using Lexis Nexis Academic, click on the document in the announcement labeled "Lexis Nexis Research Instructions."
Locate and read Jones v. Star Credit Corp. Your textbook suggests that you should print a hard copy of a case whenever possible. This should not just be a suggestion, but a rule that you follow. When you read any case, be prepared to read it at least twice. The first time you read the case, do not make any marks on the page. Instead, simply read the case trying to determine the basic information. Who are the parties involved? What are the issues the court is trying to resolve? What is the law that the court is applying? What is the ultimate conclusion of the court on each of the issues? The second time you read the case, begin making marks. Highlight, underline, box, or make whatever marks are helpful to you. Remember, for this assignment you are only going to focus on the issue of unconscionability. Most cases deal with multiple issues, so if you locate information that doesn't have anything to do with unconscionability then that information should not be included in your case brief. Step Five: Draft your first case brief. Once you have read and re-read Jones, now you can begin drafting your one page case brief. Pull out your textbook, and follow the format on page 89. You should have four sections: Facts, Issues, Holding, and Rationale. For this assignment you do not need to include any discussion of concurring or dissenting opinions.
Facts: This section should include a short paragraph detailing the most relevant facts associated with the unconscionability issue.
Issues: Since this memorandum will be a single issue memorandum, the only issue that should be discussed is how the court frames the unconscionability issue.
Holding: What is the court's answer to the issue of unconscionability?
Rationale: This section should explain the elements/factors that the court applies to determine unconscionability, and how the court applied these elements/factors.
Remember, each case brief should be a single page with the citation centered on the top of the page.
Locate two Virginia cases, read, and briefThis time you are going to be reading and briefing two Virginia cases. Derby v. Derby, 378 S.E.2d 74 (Va. Ct. App. 1989) Galloway v. Galloway, 622 S.E.2d 267 (Va. Ct. App. 2005)
Locate two additional Virginia cases, read, and brief.. Once you have located two additional Virginia cases that deal with the issue of unconscionability, follow the same process to draft case briefs for each case.
Make the following formatting corrections. Use 1 inch margins. Font: Times New Roman, 12 point. The text of each section should be in full justification, but the citation should be centered at the top of the brief. The text should be single spaced. Step Ten: Combine all 5 case briefs into a single Word file, then submit your assignment. If you have drafted your case briefs and saved them as 5 separate files, combine all case briefs into a single word file.