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Test #D - Legal Opinion Letter  


1. Read the structure of a legal opinion letter  

2. We will do an abbreviated "legal opinion letter" for this exercise, and a more complete "Legal Memorandum" in Test #G


3. In this exercise we will only have you post the following:


a. Issues

B. Brief Answer

C. Discussion

D. Recommendation


4. Here are the facts of your case:

your client: Jimmy Fallon

your supervising attorney:  Josephina Juarez Montes

the opposing party: City of Santa Monica 

There was a 911 call of a domestic violence case in Santa Monica. The  Santa Monica police arrived, and when the family dispute got heated, the police threatened to tase the belligerent male suspect. When the suspect did not calm down, the police tased him.  Jimmy Fallon was watching this from nearby, and called out "What are you doing to my neighbor"  Police threatened to tase Jimmy, he backed up, and then police tased him. Jimmy was arrested and charged with obstructing a policy officer, a charge that was ultimately dropped. 

Jimmy comes into your office as a prospective client. Your supervising attorney asks you to research the law and to give her an opinion letter and to answer two questions, (1) Did the Santa Monica police department use excessive force against Jimmy Fallon and (2) Are the City of Santa Monica and the police department immune from a damage lawsuit and liability.  


5. Format for your opinion letter

Date: fill this in

To: Your supervising attorney - fill this in

From: You - fill in your name

Re: Legal Opinion -  Jimmy Fallon vs. City of Santa Monica 


1. Issue - state the legal issue -  Whether the Police Department used "excessive force" when it tazered our client Jimmy Fallon, and whether the police and City of Santa Monica are immune from a damage lawsuit by Jimmy Fallon.  


2. Brief answer - (1) yes or no on excessive force (2) yes or no on City immunity from a damage lawsuit 


3. Disussion - fill this in


4. Recommendation - fill this in

Legal Research: You have done your legal research and find the following case - Gravelet Blondin v City of Snohomish 

Use this case to support your answer, discussion and recommendation. Quote the name of the case, and its complete citation to support your recommendation in this case.

Once you have created your legal opinion letter, "copy and paste" it into your etudes classroom assignment.

Good luck

Prof J.  



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