Prepare a memorandum for the partner addressing the following: Definition of federal diversity jurisdiction.

Your Midterm Assessment paper is composed of two (2) tasks. The first is to draft a legal memorandum as described below. The second is to prepare the first part of a portfolio project, the first part of which will be submitted this week, the second part of which will be submitted in conjunction with your Final Assessment paper.

 

Legal Memorandum: ABC, Inc., was incorporated in the state of Delaware. It has a principle place of business in the state of Georgia.

 

On January 1, 2001, ABC, Inc., borrowed $50,000 from JoAnne Fields, a resident and citizen of Georgia, and $25,000 from Robert Fader, a resident and citizen of New York. ABC, Inc., executed and delivered notes (dated January 2, 2001) for the amounts of the loans, the notes being payable on or before June 30, 2006, and bearing simple interest at the rate of 12% per annum. The notes have not been paid.

 

JoAnne Fields and Robert Fader have contacted a partner of the law firm with which you are associated, to represent them in collection of the amounts due. Prepare a memorandum for the partner addressing the following:

 

(1)  Definition of federal diversity jurisdiction. (5 points)

 

(2) The determination of citizenship for diversity purposes insofar as it relates to the bringing of an action in the United States district court by JoAnne Fields against ABC, Inc. (8 points)

 

(3) The determination of whether the amount in controversy, insofar as it relates to the claim of JoAnne Fields against ABC, Inc., is sufficient for the purposes of federal diversity jurisdiction. (8 points)

 

(4) The determination of citizenship for diversity purposes insofar as it relates to the bringing of an action in the United States district court by Robert Fader against ABC, Inc. (8 points)

 

(5) The determination of whether the amount in controversy, insofar as it relates to the claim of Robert Fader against ABC, Inc., is sufficient for the purposes of federal diversity jurisdiction. (8 points)

 

(6) A determination of whether JoAnne Fields and Robert Fader can bring a single action in the United States district court against ABC, Inc., and whether they can, in said action, aggregate the claims to meet the requisite amount to be within the diversity jurisdiction of the United States district court. (8 points)

Your memorandum should be a minimum of eight (8) pages.

 

This memo is worth 60 points. The remaining points will be allocated as follows: Heading (2.5 points); Questions Presented (5 points); Brief Answers (5 points); Page Limit (2.5 points).

 

Portfolio Project, Part I: Prospective employers may ask to see a portfolio of your work in which case you will want to be sure to have examples of pleadings and discovery items. As such, you will be creating a portfolio for this class. This is a two-part project. Part I is due now as part of your midterm assessment. The second part will be due as part of your final exam assessment.

 

Based on the above fact scenario, draft and submit the follow items:

 

(1) Summons (4 points)

 

(2) Complaint (8 points)

 

(3) Stipulation Extending Time to Answer (8 points)

 

(4) Answer (8 points)

 

(5) Request for Oral Deposition (8 points).

 

This assignment is worth 40 points, the remaining 4 points will be allocated based on your ability to follow these additional instructions: Your portfolio must be submitted as a separate attachment using the Midterm Assignment link. Use one-inch margins, double-spacing, and Times New Roman 12-point font for all portfolio items

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