For this assignment, you will analyze and evaluate the problem presented. You will then present your answer to the assigned audience to use for their purpose using the provided template and format. This assignment will bring together many things you have learned this semester.
Deliverable: A 3-page minimum, single-spaced legal memorandum, using the provided Legal Memorandum Template. (***this document is attached bellow named “Legal Memorandum template Unlocked”***)
This assignment will be completed as a modified version of a legal memorandum as documented by CUNY School of Law. (You should not reference their document, as a full legal memorandum is much more complex than what you will be doing.)
Refer to the Exemplar (***this document is attached bellow named “Legal Memorandum Exemplar”***) provided if you have questions about the way the document should be laid out.
ABC Textiles, Inc. has a textile production facility located in Palm City, FL. It lies along a river that is used for drinking water for the surrounding town and is therefore tested regularly for chemical contaminants according to EPA standards. There is also a recreational beachfront with swimming and boating located ½ mile downstream of the plant. Over the last ten years, the incidence of a skin reaction called allergic dermatitis has increased dramatically for swimmers at the recreational beachfront.
Due to public concern, the local water utility began checking for elevated levels of several pollutants that cause skin reactions. Over the course of a year, they collected 45 water samples from a location adjacent to the output of the industrial plant. These samples were tested and elevated levels of chromium were identified. The EPA’s Maximum Contaminant Level (MCL) for chromium is 0.1 mg/L. With the knowledge that chromium pollution can result from fabric dyeing within textile factories, a group of concerned citizens has brought a class-action lawsuit against ABC Textiles, Inc. The class claims that the company’s textile mill has contributed to elevated chromium levels in the river, causing skin reactions at the local beach.
Due to the significance of this litigation, the Judge involved with the case, The Honorable Orlana Leia, has brought you in as an expert witness, independent of either side of the litigation, to give your expert opinion on the chromium exceedance. At your request, she is providing you with data from the 45 samples the water utility collected. She has requested that you analyze whether the chromium levels in the river exceed the EPA standard. Because there are no other outputs to the river within 5 miles, it can be presumed that the textile plant is the most likely source of elevated chromium levels, if they are present in the river. The area between the output of the industrial plant and the beachfront is populated with residential housing, and the prosecution and defense have agreed that illegal dumping or another source of contamination in this area is highly unlikely.
She is requiring that you complete your work with a high level of confidence, therefore you have suggested using a significance level of .01 (i.e., 99% confidence). You are to provide the jury with which side of the litigation you would support and why in a written document that makes the determination clear and believable to them. The document you are to provide is to follow the court’s template and their Legal memorandum guide. You will also copy the document to John Coltrane, Clerk of the Courts, Mitchell Bilano, Plaintiffs’ Counsel, and Jill Gailow, Defendant’s Counsel. Remember that you are only an expert on statistical analysis of the exceedance of chromium in the river, not on whether elevated chromium can cause allergic dermatitis. Be careful not to overstate your findings – don’t make any assumptions that aren’t very clearly suggested by the data.
Sample DateSample NumberChromium Level (mg/L)1-Aug10.0947-Aug20.0820-Aug30.07728-Aug40.0815-Sep50.08613-Sep60.07820-Sep70.11729-Sep80.0843-Oct90.11310-Oct100.09427-Oct110.0885-Nov120.09312-Nov130.11526-Nov140.1211-Dec150.1128-Dec160.11915-Dec170.1121-Dec180.10129-Dec190.0824-Jan200.08811-Jan210.08419-Jan220.09425-Jan230.11831-Jan240.1277-Feb
250.12314-Feb260.09622-Feb270.0931-Mar280.1128-Mar290.07118-Mar300.08131-Mar310.0825-Apr320.09210-Apr330.08819-Apr340.08125-Apr350.0761-May360.0799-May370.0818-May380.09125-May390.0821-Jun400.07212-Jun410.07125-Jun420.0752-Jul430.09216-Jul440.10224-Jul450.106Completing the Assignment
Review and evaluate the problem presented – Using skills from IDL 3, evaluate the problem. What do you know and how is it significant to the problem? Determine the appropriate null and alternative hypotheses for the problem and the correct test to determine whether there is statistical significance. If it helps you can sketch a diagram of the problem.
Complete the calculation – Complete the statistical analysis of the problem. Be sure that you understand all of the processes you have completed to get your answer, you will have to document it. You do not need to present this evaluation in the assignment, however, you will need to know what you figure out from the analysis to complete the work.
Develop your document for the assigned audience and purpose – As you will have templates for many professional documents you will create, this assignment has a format that you must follow – the Legal Memorandum Template.This format includes appearance and content. See the Exemplar for a visual guide.
Memorandum Header – This section of the document provides the necessary information so a reader can determine if the document is relevant to him/her. It must be consistent in layout and format so that it is easy to read. This section is graded on your ability to follow directions.
TO – The person you have been asked to address the memorandum to. Follow the exemplar, on paper a judge’s title is ‘Honorable’.
Why? This section and the CC section may be addressed to one or more person(s). The amount of information included for each is dependent on an organization’s level of formality and the role of hierarchy in the organization. National culture may also play a role in these decisions, as some may place greater importance on titles (such as Mr., Dr., or General). The person’s role title is often included, as it will dictate what type of information they need from you. Finally, the location of the addressee can be included, when it also suggests the type of information the document will include. When in doubt, it is better to be more formal and include too much information than to find out it was needed but not included.
CC – Emulate the format of the Exemplar. Edit Download Exemplar.The name of each person being addressed is on a new equally indented line.
FROM – Emulate the format of the xemplar. Use your name, your title is Engineering Expert Witness
DATE – Use the due date of the assignment formate as Month, day, year
RE – For a lawsuit, this will have the suit name and then what it is about relative to the lawsuit.
Question Presented – Present specifically, and concisely the question you are being asked to address. This question must include a technical and legal component.
Brief Answer – Present specifically, and concisely the answer you got from your analysis. This answer must include a technical and legal component. The answer will not have details on your analysis or numeric outcomes.
Facts – This section will present the input you were given by presenting the context, the data and its meaning in the context, and how this input allows you to structure an analysis to determine an answer. It will not proceed into the analysis.
Discussion – This section presents the logic on how you analyzed the problem in language a non-technical audience can understand, starting with the most basic reasoning for the use of this analysis for the problem. This section will end with what you found through your analysis and what it means for the case.
Conclusion – This summarizes the entire document ending with the outcome of your analysis and its meaning to the case.
Appendix – This section is on its own page (use ‘insert/page break). For this section type out the mathematics, you used to calculate an answer in detail, ending with the outcome, what it means for the hypothesis test and the case.