Memo format example
ISSUE:
Ask the question as : Whether a premarital agreement under § 61.079, Fla. Stat. (2019) – Premarital Agreements, is enforceable when Marie DeCastro (Dr. DeCastro) did not advise Franklin (Mr. Pearson) of all her previous debts?
SHORT ANSWER:
YES, Mr. Pearson and Dr. DeCastro’s premarital agreement was executed without Dr. DeCastro’s full financial information. Statutory law states that withholding financial obligations can make a premarital agreement unenforceable in accordance with the provisions of § 61.079(7)(3)(a)(c), Fla. Stat. (2019). In Ziegler v. Natera, 279 So.3d 1240 (2019), is case law in conformation with this issue.
FACTS:
DISCUSSION OF THE LEGAL AUTHORITY (MUST USE ALL 3 OF THESE CASES ONLY).
CASE ONE
Cousins v. Post-Newsweek Stations Florida, Inc., 275 So. 3d 674 (Fla. 3rd DCA 2019(,
CASE TWO
Mazur v. Baraya, 275 So. 3d 812 (Fla. 2nd DCA 2019),
CASE THREE
Zelinka v. AmeriCares Healthscan, Inc., 763 So. 2d 1173 (Fla. 4the DCA 2000).
DISCUSSION OF LEGAL AUTHORITY
LEGAL AUTHORITY USE ONLY THIS FLORIDA STATUTE
The applicable statute is: § 770 et seq. Fla. Stat. (2019).
This statute deals with filing a civil action when someone believes they are being defamed by a newspaper, publication or some other medium.
This statute was first drafted in 1933 and last amended in 1997. You can imagine how media has changed since this was first drafted.
The statute is intended to promote the publication of newsworthy information and provide some limitation of liability through printing apologies, corrections or retractions.
SPECIFC INFORMATION REQUIRED WITHIN IN THE DISCUSSION OF LEGAL AUTHORITY IS AS FOLLOWS:
• FIRST DISCUSS THE STATUTE
o EXPLAIN IT
o THEN EXPLAINT HOW IT APPLIES TO MY CASE SCENARIO
o EXPLAIN ONLY THE RELEVANT SECTIONS AND HOW THEY APPLY TO OUR CLIENT.
• DISCUSS THE NEXT THREE CASES
o DISCUSS CASE ONE FIRST
o DISCUSS CASE TWO NEXT
o AND LAST DISCUSS CASE THREE
• WHEN DISCUSSING A CASE:
o GIVE A BRIEF OVERVIEW OF THE RELEVANT FACTS OF THE CASE
o DO NOT BOG DOWN IN THE PROCEDURE OR DISPOSITION OF THE CASE
o EXPLAIN THE CASES ISSUE AND HOLDING
o FOLLOWING EACH CASE, EXPLAIN HOW THIS CASE APPLIES TO THE SCENARIO.
Is it analogous or distinguishable?
If yes, explain how
If no, explain why not
A single sentence is insufficient to accomplish this
explain how it may help or hurt each party.
EXAMPLE OF DISCUSSION OF AUTHORITY HIGHLIGHTED BELOW SHOULD LOOK LIKE:
• in the case of Wilson v. Wilson, 279 So. 3d 160 (Fla. 4th DCA 2019) the plaintiff, who was the deceased wife, filed for a claim to have her husband’s an elective share of the estate, and that it be distributed to her fairly and without prejudice. The 19th Judicial Circuit Court had to decide how the provisions of the agreement be properly executed. The court realized that both the defendant and plaintiff had agreed to waive elective shares and that each was liable to equity of the resources. Marilyn Wilson, the wife to the husband Paul Wilson, had a premarital engagement that was contained within the provisions of § 61.079(7)(a)(1-2), Fla. Stat. (2019) – Premarital Agreements.
• According to § 61.079(a)(1)92)(4 -6), Fla. Stat. (2019) Enforcement, specifically states that “the parties may contract to property matters, which would include rights to own, buy, lease and create a security interest of property.” Within these same sections, it encompasses other issues related to property such as: “being transferred by wills, trusts, or other arrangements to carry out the provisions of the party’s premarital agreement.” The case in question is analogy to the case scenario of Dr. DeCastro and Mr. Pearson is that lack of consensus leads to falling out of parties. The content of the case shows that there was a mutual agreement between the plaintiff and the defendant; hence, the need for fair distribution and equitable allocation of the existing shares.
OTHER INSTRUCTIONS:
1. Times Roman
2. Single space
3. 12 pt. font
4. No more than 5 pages
5. No extra
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