Statutory summaries and applying statute to fact

Statutory summaries and applying statute to fact

 

Statutory summaries and applying statute to fact . Bernie Franks, Director of Paralegals, and your supervisor for the summer internship program has prepared a research and analysis project for the summer interns that represents an exercise you might complete as a paralegal after graduation.

In Part I, provide statutory summaries in paragraph form using plain English. The summaries will be included in materials Bernie gives to clients and potential clients who are unfamiliar with legal vocabulary, concepts, and procedures. Use the outlines you created in Week 6 to help draft your summaries and check that they are accurate and complete.

In Part II, apply the statute to the fact patterns that Bernie prepared for the project. You will analyze the elements of the statute, evaluate whether the hypothetical facts satisfy the elements of the statutes, and assess what the likely outcome will be under the statute. Bernie (a legal professional) is the intended audience for Part II; therefore, use of IRAC for written analysis and Bluebook format for citations is recommended and will earn the most points under the grading rubric.

Format

The final project should follow memo format, use headings, and label individual answers as shown below.

TO: Bernie Franks, Director of Paralegals

FROM: [Your name] (Don’t include brackets)

RE: Maryland Real Property Code – Statutory Summaries and Analysis

DATE: [Date of submission] (Don’t include brackets)

Part I: Statutory Summaries

A.

B.

C.

D.

Part II: Statutory Analysis

A.

B.

C.

Before Submitting Projects

Carefully read your work to ensure it follows instructions and includes all required elements. Review the grading rubric to ensure that you gain the most points possible for this project.

Proofread for spelling and grammatical issues; consider submitting the paper to the Effective Writing Center (EWC) for assistance.

All submitted work is to be your original work (only your work). You may not use any work from another student, the Internet, an online clearinghouse, or work you have submitted in another course. You are expected to understand the Academic Dishonesty and Plagiarism Policy, and know that it is your responsibility to learn about instructor and general academic expectations about proper citation of sources as specified in the APA Publication Manual, 7th Ed. and the 21st edition of The Bluebook.

Is Brown legally entitled to receive an itemized list of damages?

 

* * *

Statute

Subsections (b), (e), and (g) of § 8-203 of the Real Property Article in the Annotated Code of Maryland. Use Westlaw to retrieve this statute.

Facts

From December 15, 2017 through December 14, 2019, Jessica Brown and her family leased a house in Maryland owned by Brokers Realty, Inc. (Brokers). Under the terms of the written lease, the Brown family paid a $3000 security deposit and $1000 per month in rent. As required by the lease, Jessica Brown notified Brokers 60 days prior to the end of the lease term that her family would not renew their lease, and the Brown family vacated the house on December 14, 2019.

On January 2, 2020, Brown and Jenny Meyer, one of the owners of Brokers, inspected the house for damage and agreed that $500 would be deducted from the security deposit for several minor damages. Meyer promised to send Brown an itemized list of the damaged property and return the remaining $2500 within a week.

As of February 15, 2020, Brown had received neither an itemized list of damages nor the $2500. From early January until mid-February 2020, Brown repeatedly called and sent letters to Brokers about this matter.

Brown notified Brokers that she is considering legal action. Brown believes that because she was not given an itemized list of damages and given the delay in returning the deposit, her family is entitled to return of the full $3000 damage deposit and any associated legal fees if she must take legal action to get the deposit back.

Part I. Statutory Summaries

A. Retrieve § 8-203 of the Real Property Article in the Annotated Code of Maryland using Westlaw, and cite this section using Bluebook format. Note: Use of Bluebook format is required for I.A.

B. Write a statutory summary of subsection (b) of the statute.

C. Write a statutory summary of subsection (e) of the statute.

D. Write a statutory summary of subsection (g) of the statute.

Part II. Statutory Analysis

Note: Use subsections 8-203(b), (e), and (g) only. If you rely on a specific portion of a subsection, identify it precisely. For example, if (hypothetically!) your answer relied on § 8-203(b)(11)(i), you’d cite § 8-203(b)(11)(i), not § 8-203(b).

A. Is Brown legally entitled to receive an itemized list of damages? Identify the specific subsection(s) that support your conclusion and thoroughly explain your analysis.

B. Is Brown legally entitled to a return of the full $3000 damage deposit despite the minor damages they caused at the leased house? Identify the specific subsection(s) that support your conclusion and thoroughly explain your analysis.

C. Brown suspects that the amount of the security deposit required under the lease was unlawful. Does Brown have a legal claim against Brokers regarding the amount of the security deposit, and, if so, what might the Brown family be entitled to collect from Brokers? Identify specific subsection(s) that support your conclusions and thoroughly explain your analysis.