Premium Essay

Memoranda

In:

Submitted By Pinklay72
Words 960
Pages 4
Frances Hesch - LA240 Legal Writing I - Unit 11
OFFICE MEMORANDUM OF LAW

To: Alice Black, Attorney
From: Fran Hesch, Paralegal
Date: March 16, 2010
Re: Frampton v. City

Statement of Assignment

You have asked me to prepare a memorandum of law conducting legal research using free electronic legal resources related to Minnesota law regarding sovereign immunity for a municipality.

Issues

Do police officers have a duty of care to automobile drivers and, under Minnesota statutory and case law, are municipal police officers’ actions protected by sovereign immunity?

Brief Answer

Yes, police officers have a duty of care to the general public as they are hired to protect and serve the public. The higher standard of care is legally imposed upon them due to their professional status.

No, the Minnesota Supreme Court waived sovereign immunity in 1975 in order to do away with blanket immunity. The legislature responded by creating specific exceptions to liability in the State Tort Claims Act and the Municipal Tort Liability Act. Although no sovereign immunity exists in Minnesota, the Municipal Tort Liability Act provides an exception to liability for municipalities (vicarious immunity) when judgment is left to the discretion of the city employee carrying out his or her duties. If, however, the government employee is carrying out a job that is simple and definite and that employee has a duty to adhere to ordinance and statutes, the official is not entitled to immunity.

Statement of Facts

As written in the original memo, on the evening of January 15, city police officers stopped Jerry Myers on suspicion of drunk driving. One passenger, Susan Lane, accompanied Mr. Myers. Mr. Myers was obviously intoxicated and arrested for DUI. Although officers smelled alcohol on Susan’s breath, it did not appear to them that she was intoxicated. Susan

Similar Documents

Premium Essay

Warrantless Search and Seizure Memoranda

...Linda Barron-Gronvold CCJS 234-Criminal Procedure and Evidence September 17, 2013 Warrantless Search & Seizure Memorandum To: Judge M. Pearson From: Linda Barron-Gronvold Re: Elliott Watson case – Marijuana Possession with Intent to Distribute Prosecution Date: September 17, 2013 Brief Summary: Elliott Watson was arrested for the possession of marijuana with the intent to distribute said illegal drug. Elliott Watson was stopped by Officer Timothy Johnson because of faulty mechanical problems of Elliot Watson’s vehicle, which was sputtering and stalling out, and the vehicle also fit the description of a vehicle, a sports coupe, that had earlier, was used to kidnap a three year old young girl, Wanda Jones, from her home. Based on the description of the kidnapping victims’ vehicle description and the kidnappers clothing and the vehicle mechanical problems of Mr. Watson’s vehicle, a Fiat sports coupe and clothing which fit the description of the kidnappers clothing as well, Johnson pulled vehicle over for a police “car stop”, based on the fact that Mr. Watsons’ Fiat Sports Coupe fit the minimal description of a vehicle used in a three year old child kidnapping that happened at 3: 00 A.M., Officer Timothy Johnson was patrolling the area where the kidnapping occurred and noticed that a Fiat Sports Coupe car was having mechanical difficulties: stuttering and stalling. Officer Johnson decided to pull the vehicle over and get the license and registration...

Words: 1315 - Pages: 6

Free Essay

Jail Responsibilities

...as; Writing of Memoranda, Police Reports, and Civilian Letters. What needs to be done first is make sure that there are NO errors. This means in spelling, punctuation, price, and grammar. These should be thoroughly, and constantly, edited. Another thing is conciseness; this means it should be brief or limited in words. Although, concision does not mean deleting words that count just to make your statements ‘rough in manner’. Officers should avoid tired old phrases, also known as triteness. Examples of these are; “in the final analysis”, “cold as ice”, “hard as a rock”, and “last but not the least”. They should also avoid misleading expressions (euphemisms) such as “meet our Creator” which means death and “Policy of Disinformation” which means lying to the public. Weak phrases should be avoided also. Weak phrases are ones such as; “wealthy business person”, “Carrying a child” and “one year old boy”. Instead, what can be used are phrases such as “tycoon”, “pregnant” and “one year of age boy”. Police officers must NEVER discriminate because of gender. Neutral terms should be used to manifest, fairness and equality between sexes. Examples are; “If a woman drives” to “if a person drives”, “man-made” to “artificial” and “manpower” to “human power”. A memorandum is a note, or reminder that one wishes to preserve for future use. Its various tense forms may be done by shortening memorandum to memo. Memorandum is definitely singular while its plural form is memoranda. The tone of a...

Words: 589 - Pages: 3

Premium Essay

Nymark

...M1: I am going to talk why organisations use verbal and written information, and also what the benefits are of those two. I’ll also talk about the reason organisations uses internal and external sources of information, and what the benefits of those two are as well. To: directors of Primark From: abdinho ibrahimo Subject: monitoring the performance of Primark Many businesses such as Primark and many more uses written communication to communicate with their consumers. Written communication allows Primark and other types of businesses to communicate developments, expectations and legalities to employees and contacts in the outside world. While some still use the hard traditional written copies of the written communication, email and internet are ways to communicate, this has become important and very common these days. Though, written communication is important, it’s best to understand the basics to apply the best practices to your own business. Basically all forms of numerical representation such as diagrams, graphics, charts, and emails can be included under the written information. Verbal communication is vital in business, and the purpose of it is so you can communicate effectively with people in various different situations. In many cases you may be dealing with people in or from other countries, people with different cultures, ages, and with different level of experience. The way you communicate might portray an image of you and your business. This might be the...

Words: 1270 - Pages: 6

Free Essay

Teacher

...Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=a427e4b9-bec6-4cfe-aada-859daad96445 [Name and address of Target’s Counsel] and address of Target’s Dear [Attorney]: Dear [Attorney]: The The following is a list of certain documents that we would like to review in connection is a list of certain documents that we to review in connection with the proposed acquisition of [Name of Target] (the “Company”). During the course of our the proposed acquisition of [Name of Target] (the “Company”). During the course due diligence documents meeting the specifications of the following due diligence review, additional documents meeting the specifications of the following list may may come documents be forwarded to us. come into existence. If this occurs, we ask that copies of such documents be forwarded to us. In existence. If this occurs, we ask addition, is likely that some of the items requested addition, it is likely that some of the items requested do not exist or are not applicable to the not exist or are not applicable the Company. If this is the case, please so indicate in your response as set forth in Company. If this is the case, please so indicate in your response as set forth in this request. We further ask that all responses to this memorandum be in writing and directed to the attention ask all responses to this memorandum be in writing and of [Attorney’s name and firm’s address]. [Attorney’s name and firm’s address]. Whenever Whenever we have requested...

Words: 6772 - Pages: 28

Free Essay

Communication

...Verbal communication consists of written and spoken information. In the criminal justice setting, information is passed on through reports, memoranda, and directives. Non-verbal communication ensures the speaker to communicate what he or she is saying to the reader with a certain tone and body language; which depicts what the speaker is attempting to say. Within the criminal justice system, convictions, arrests and punishment can be assured through the proper body language of an officer when communicating to the judge or district attorney. The channel of communication is brought forth in the criminal justice agencies through formal and informal communication. Upon following the chain of command; which includes policies and procedures is part of the formal communication. These procedures are considered to channel from the top of the agency to the downward structure of the agency. For instance the chief of police many dictate a new police to the officers which needs to be instituted. The downward communication happens within officers’ instituting the policy via their practice as actual officers. Officers replying back to the agency whether it is by memoranda, reports, departmental meetings, suggest systems, and exit interviews are considered within the upward communication process. Horizontal communication occurs between officers as they discuss entry-level information concerning policies and concerns through email, personal contact, memo Orinda and meetings. Informal...

Words: 402 - Pages: 2

Premium Essay

Nymark

...M1: I am going to talk why organisations use verbal and written information, and also what the benefits are of those two. I’ll also talk about the reason organisations uses internal and external sources of information, and what the benefits of those two are as well. To: directors of Primark From: abdinho ibrahimo Subject: monitoring the performance of Primark Many businesses such as Primark and many more uses written communication to communicate with their consumers. Written communication allows Primark and other types of businesses to communicate developments, expectations and legalities to employees and contacts in the outside world. While some still use the hard traditional written copies of the written communication, email and internet are ways to communicate, this has become important and very common these days. Though, written communication is important, it’s best to understand the basics to apply the best practices to your own business. Basically all forms of numerical representation such as diagrams, graphics, charts, and emails can be included under the written information. Verbal communication is vital in business, and the purpose of it is so you can communicate effectively with people in various different situations. In many cases you may be dealing with people in or from other countries, people with different cultures, ages, and with different level of experience. The way you communicate might portray an image of you and your business. This might be the...

Words: 1270 - Pages: 6

Premium Essay

Audit Program for Accounts Receivable

...AUDIT PROGRAM FOR ACCOUNTS RECEIVABLE Risks  The accounts receivable listing or individual balances may be inaccurate  Accounts receivable balances may not exist  Accounts receivable may not be collectible  Bad debts write-offs may not be valid  Sales transactions may be processed in the wrong period Steps 1. Agree a detailed listing of accounts receivable to the summary Obtain a detailed listing of accounts receivable balances (aged by customer, if possible) and: a) trace totals to the comparative summary of accounts receivable balances; b) select reconciling items in order to obtain a moderate to low level of assurance that accuracy is achieved and i) trace these items to supporting documentation; and ii) determine whether the results of the client's investigations have been reviewed and approved by a responsible official; c) test, to an extent to obtain a moderate to low level of assurance, the mathematical accuracy of the detailed listing; and d) if appropriate, examine support for any significant adjustments made throughout the year in reconciling detailed accounts receivable records with the account(s) in the general ledger. 2. Positively confirm selected accounts receivable balances Select customers' account from the detail accounts receivable listing for positive confirmation in order to obtain a moderate to low level of assurance that the aforementioned audit objectives are achieved. Perform the following: a) send positive...

Words: 913 - Pages: 4

Free Essay

Technical Writing

...A printed action memo is a form that only requires a check mark filled in the correct square to relay the message. A technical report (also: scientific report) is a document that describes the process, progress, or results of technical or scientific research or the state of a technical or scientific research problem. It might also include recommendations and conclusions of the research. Unlike other scientific literature, such as scientific journals and the proceedings of some academic conferences, technical reports rarely undergo comprehensive independent peer review before publication. They may be considered as grey literature. Where there is a review process, it is often limited to within the originating organization. Similarly, there are no formal publishing procedures for such reports, except where established locally. Description Technical reports are today a major source of scientific and technical information. They are prepared for internal or wider distribution by many organizations, most of which lack the extensive editing and printing facilities of commercial publishers. Technical reports are often prepared for sponsors of research projects. Another case where a technical report may be produced is when more information is produced for an academic paper than is acceptable or feasible to publish in a peer-reviewed publication; examples of this include in-depth experimental details, additional results, or the architecture of a computer model. Researchers may also...

Words: 1284 - Pages: 6

Free Essay

Investment

...DESCRIPTION positions for summer and full time analysts.

All candidates will be required to take the WSAT, please complete this immediately after or before sending your resume:

http://www.streetofwalls.com/wsat/

Responsibilities:
Support senior bankers in researching and creating marketing pitch materials, building financial models to value potential clients, and researching industries or sectors as determined by senior bankers in targeting certain clients or industries.

Assist in active equity and merger and acquisition transaction execution including, but not limited to: financial analysis, model creation, drafting memoranda, due diligence, attending client meetings and drafting sessions, creating data rooms, and any other support services required to assist in closing an engagement.

Travel to client meetings, drafting sessions, road show stops and due diligence as necessary.

Participate in any other requests from senior bankers or clients.
 LOCATION City State/Province Nationwide Country United States POSITION TYPE Full Time Entry Level, Full Time Experienced, Internship (paid) DESIRED MAJOR(S) All Majors DESIRED CLASS LEVEL(S) Graduate Student, Alumni WORK AUTHORIZATION Yes, now or in the future may need visa sponsorship QUALIFICATIONS Bachelor’s degree required; business or economics degree preferred. Internship or prior work experience in financial services industry preferred. Proven track record in university studies required. Series 79 and 63...

Words: 1020 - Pages: 5

Free Essay

Dispute Resolution

...QUESTIONS AND ANSWERS ON IDEA PART B DISPUTE RESOLUTION PROCEDURES Revised July 2013 Regulations for Part B of the Individuals with Disabilities Education Act (IDEA) were published in the Federal Register on August 14, 2006, and became effective on October 13, 2006. Supplemental IDEA regulations were published on December 1, 2008, and became effective on December 31, 2008. Since publication of the regulations, the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education (Department) has received requests for clarification of some of these regulations. This is one of a series of question and answer (Q&A) documents prepared by OSERS to address some of the most important issues raised by requests for clarification on a variety of high-interest topics. Each Q&A document will be updated to add new questions and answers as other important issues arise or to amend existing questions and answers as needed. OSERS issues this Q&A document to provide parents, parent training and information centers, school personnel, State educational agencies (SEAs), local educational agencies (LEAs), advocacy organizations, and other interested parties with information to facilitate appropriate implementation of the IDEA dispute resolution procedures, including mediation, State complaint procedures, and due process complaint and due process hearing procedures. This Q&A document represents the Department’s current thinking on these topics. It does...

Words: 612 - Pages: 3

Premium Essay

Mediation: an Effective Resolution Proces

...During my law school days at ______ I was eager and determined to fight injustices the law had created. I wanted to serve and protect the wrongfully accused, and those that suffered gross violations of their rights. As ambitious as I was, I knew that being a lawyer would not only be a career for me, but it would also be a passion to help those who could not afford to or know how to help themselves. It dawned on me that every day the law was used and abused against those that did not understand it. These victims would willingly succumb to the process of the system, not realizing ‘due process’ is supposed to be freely given and not earned. Five years later as a practicing attorney I still feel this way and practice accordingly. In the personal injury field one needs to be very aggressive in order to seek the best compensations and the best outcome for the client. It is my obligation to give the best advice to my client before seeking any other legal alternatives. As attorneys we must acknowledge that we represent a ‘person’ who is a victim of some sort of incident. Whether they are the victim or the accused we are hired because they need our legal help. Once the facts have been established and the case has been processed (disclosure/ evidence obtained), mediation can be the best course of action. The reasons mediation are favourable are: 1. Negative consequences from litigation; 2. Time and legal costs of litigation;...

Words: 2574 - Pages: 11

Premium Essay

Irc 7609 Case Study

...FOIA Exemption 5, the IRS may refuse to discuss interagency or intra-agency memoranda. The privileges incorporated in Exemption #5 include the attorney-client privilege, the attorney work product privilege the deliberate process privilege. Explain the importance of the deliberate process privilege. The deliberative process privilege covers all papers which reflect the agency’s group thinking in the process of working out its policy and determining what its law shall be. Base on predecisional and deliberative are the courts limits to materials. Documents that provide legal advice or policy analysis are protected from disclosure by Exemption 5. Factual information gathered by the IRS is generally considered to be outside the scope of Exemption 5 because it is non-deliberative. 12. Matt is planning a transaction that will...

Words: 970 - Pages: 4

Premium Essay

Tax Notes

...· Install the software and click on the "UPDATE" - Good for the Tax Return Problem · Print lecture notes online and bring them to the class · Take Home Quizzes · Assignments are not turned in - reinforce lectures; solutions are online Lecture Notes: Chapter 1 · Tax is the exaction for the support of the government; · Tax laws: to help economy; social considerations (old people get credits; blind people; etc.) · four characteristics of the tax: no direct relationship between the tax you pay and the benefits you get. e.g. think about income tax and sales tax, you pay them but it does not mean you get direct benefit from it. taxes are levied on the basis of predetermined criteria; (how do you determine your tax base? how to minimize your sales tax?). taxes are levied on a recurring or predictable basis; (tax planning). Taxes do not give you privileges; are not a penalty or fine. If you are caught of speed, there is a penalty or fine but it is not a tax · Any direct of tax has to be a portion of state tax · Income tax is the tax on the income which direct t that person · 1913, now it is a 100 year of income tax. Page 3. The Congress shall have the power ... · Exhibit 1.1 page 5, sources of revenue for the federal government. It is not a balance budget; a deficit; huge debt; Individual income tax is the number one portion of government revenue; social security and medicare (35% of the revenue); 13% are from corporation tax; excise taxes (alcohol, gasoline...

Words: 1159 - Pages: 5

Premium Essay

Audit Controls

...Audit Project 11A-1) Sales controls: 1. Control-Controls are made when the clerk entered the orders. Error or fraud controlled-At the time of billing and delivery there is errors in the sales transaction. 2. Control- When the computers are being prepared, they are given numbers to sales invoices. Error or fraud controlled-Controls the recording of sales to confirm completeness. 3. Control-The customers are mailed monthly statements. Error or fraud controlled-Controls the recording of inaccurate sales to customer accounts. 11B-1) Cash receipts controls: 1. Control-The receptionist uses cash receipts, which are prelisted. Error or fraud controlled- Based on the recording of cash receipts and the controls of cash abstraction. 2. Control- The accounts receivable computer program is handled by the accounting manager. Error of fraud controlled- Controls the misuse of cash receipts and errors and incomplete posting to records of receivables. 3. Control- The computer summaries of collection of cash and cash sales are reconciled to prelisting of cash receipts and deposits by the accounting manager. Error or fraud controlled-Controls the cash abstraction and the inappropriate recording of cash sales and receipts. 11A-2) There are multiple weakness found throughout. One in particular is the sales invoices, which are created and mailed before to supply of goods. An error that could possibly occur is the qualities of goods...

Words: 632 - Pages: 3

Free Essay

Doc Policy

...SAMPLE DOCUMENT RETENTION AND DESTRUCTION POLICY AS OF DECEMBER 1, 2009 NOTE ON THE SCOPE OF THIS MATERIAL This material is designed to provide general guidance about an aspect of nonprofit corporate governance in the specific and limited context of the governance questions contained in the new IRS Form 990 (published by the IRS in 2008 and applicable to 990 filers based on a 2009-2011 filing year phase-in period depending on the size of the nonprofit). It is intended to provide some general guidance on the establishment of processes and/or policies to address a specific governance question in the Form. The subject matter of that question implicates a broad array of legal and practical issues ranging far beyond the immediate subject matter of the question itself. This material may address some of those issues but does NOT attempt to review them comprehensively and is NOT intended to be relied on for guidance on how they should be addressed in any specific situation. Whether or not a nonprofit organization adopts a specific governance process or policy (or modifies an existing one), either in response to the disclosure requirements of the new IRS Form 990 or to change its governance practices for other reasons is a matter to be carefully considered by that organization, with input from its board and advisors and evaluation of its specific circumstances. The IRS has explicitly stated that adoption of the policies and practices about which the new Form 990...

Words: 2283 - Pages: 10