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3.1 Legal Memorandum Pre-Writing

This document must be uploaded to this deliverable AND to the peer review deliverable 3.2 on the due date.

No late assignments will be accepted.

Note: This assignment is set up with a Grammar and Spelling Check. After completing this assignment, this is an additional tool for you to use before handing in the final memorandum. If you do not recognize what the problem is you can click on the indicator and look at a guide to help you understand the identified grammar issue. If there are significant problems identified on your final memorandum you will lose points for not having completed adequate grammar and spelling checks.

Writing Requirements:

This assignment is the first of four steps in completing the legal memorandum. This assignment has a different format than the earlier ones. This assignment will require you to:

Solve a statistics problem – you will solve the statistics problem and include it in this assignment (in the appendix.) – You will use the calculations you complete to inform the recommendation you make for this problem.
Answer the problem definition questions included on the first page of the assignment template -through doing this you will articulate an understanding of the problem and what you are being asked to do with that problem, the value of the statistical calculation to addressing the problem, and who the audience you are asked to address is and how their role and status will influence what and how you write your memorandum.
Complete a draft of the memorandum – through doing this you will demonstrate an ability to understand and explain a statistical problem
Using language appropriate to the process you are participating in and the status and background of the audience you are addressing.
Presenting a detailed analysis for this audience to understand what you have done and have confidence in your recommendation.
Present the memorandum such that elements flow (Links to an external site.) in a clear professional way.
Revise and edit your document so that it is complete, clear (Links to an external site.) and concise (Links to an external site.).
To complete this assignment you will use:

The Legal Memorandum TemplatePreview the document – open this template and complete the assignment in it
The Legal Memorandum GuidePreview the document – this will provide guidance on the content of the memorandum
The problem description below – this is the statistical problem you will address.
You may also reference the Legal Memorandum exemplarPreview the document to see what the layout completed assignment will look like.

What will you be graded on?

This assignment will be graded on completeness ONLY. However, it is the document on which you will get feedback from your classmates, so you should produce your best work, in order to get the best possible feedback. Be sure to look at the assignment rubric to assure that you have completed the required elements prior to turning in the assignment.

Problem Description

You are being brought in as an expert witness in a class action lawsuit (Links to an external site.) – Thomas v. True Car Parts Corporation. Using your engineering background you are being asked to provide an argument as to the liability or not of Trusted Car Parts for the design and production of their shafts used in fuel pumps currently in many automobiles from multiple manufacturers.

Shaft wear in excess of 3.50 microns could lead to catastrophic failures of a certain model fuel pump in extreme weather conditions. Engineers for the manufacturer of the shafts claim that the shaft wear is within acceptable limits. Lawyers representing a class action legal suit filed against the company feel that recent vehicle failures for vehicles with this shaft are due to faulty bearings causing abnormal wear and, thus, feel that the company should pay for the necessary vehicle repair and parts replacement.

The amount of shaft wear (in microns.) after a simulated mileage of 250,000 miles was determined for each of n = 45 fuel pumps having copper lead as a bearing material, resulting inx-1.png and s = 1.25. Use the appropriate hypothesis test at level .01 to determine if the shaft wear is within acceptable limits. Please state any assumption you have made, if necessary.

Conduct the appropriate hypothesis test. What determined your choice of the alternative hypothesis? Whose claim would you support?
Be sure to present in plain language the logic of your statistical approach clearly and completely to convince the Judge and jury of your position.
Write your response as if you were presenting evidence as an unbiased expert witness.
Audience: Your document is addressed to the judge in the case – The Honorable Fahimeh Hamidi, and copied (CC) to Thierry Reints, Clerk of the Court, Mikaela Booth, Plantiffs’ Counsel, and Jon Grabinkski, Defendant’s Counsel

As the expert witness for this case, the jury who will be reviewing the case documents is an important audience even though they are not formally addressed in the document. This audience is assumed not to have the specific technical knowledge of the field the witness is explaining. The expert witness must persuade the audience of their expertise and their presentation of the case is the most credible assessment of the facts possible.

Sample Solution

John Wayne Gacy’s history of sexual and psychological mistreatment was instrumental in provoking examiner’s curiosity of him as a suspect. John Wayne Gacy was conceived on March 17, 1942, in Chicago, Illinois. Being the main child out of three kids, Gacy had a stressed relationship with his dad, who drank vigorously and was regularly injurious towards the whole family (Sullivan and Maiken 48). In 1949, a contractual worker, who was a family companion, would caress Gacy during rides in his truck; be that as it may, Gacy never uncovered these experiences to his folks inspired by a paranoid fear of retaliation from his dad (Foreman 54). His dad’s mental maltreatment proceeded into his young grown-up years, and Gacy moved to Las Vegas where he worked quickly in the rescue vehicle administration before turning into a funeral home specialist (Sullivan and Maiken 50). As a funeral home orderly, Gacy was intensely associated with the preserving procedure and conceded that one night, he moved into the casket of an expired high school kid and touched the body (Cahill and Ewing 46). Stunned at himself, Gacy comes back to Chicago to live with his family and graduates from Northwestern Business College in 1963, and acknowledges an administration learner position with Nunn-Bush Shoe Company. In 1964, Gacy is moved to Springfield and meets his future spouse, Marlynn Myers. In Springfield, Gacy has his subsequent gay experience when a collaborator unsteadily performed oral sex on him (London 11:7). Gacy moves to Waterloo, Iowa, and starts a family with Myers. Be that as it may, after consistently undermining his significant other with whores, Gacy submits his initially known rape in 1967 upon Donald Vorhees. In the coming months, Gacy explicitly mishandles a few different young people and is captured and accused of oral homosexuality (Sullivan and Maiken 60). On December 3, 1968, Gacy is indicted and condemned to ten years at the Anamosa State Penitentiary. Gacy turns into a model prisoner at Anamosa and is conceded parole in June of 1970, a simple year and a half after his condemning. He had to move to Chicago and live with his mom and watch a 10:00PM check in time. Not exactly a year later, Gacy is accused again of explicitly ambushing an adolescent kid however the young didn’t show up in court, so the charges were dropped. Gacy was known by numerous individuals in his locale to be an energetic volunteer and being dynamic in network governmental issues. His job as “Pogo the Clown” the comedian started in 1975 when Gacy joined a nearby “Chipper Joker” jokester club that consistently performed at raising support occasions. On January 3, 1972, Gacy submits his first homicide of Timothy McCoy, a 16-year old kid heading out from Michigan to Omaha. Asserting that McCoy went into his room employing a kitchen blade, Gacy gets into a physical fight with McCoy before cutting him over and over in the chest. In the wake of understanding that McCoy had absentmindedly strolled into the stay with the blade while attempting to get ready breakfast, Gacy covers the body in his slither space. Gacy conceded in the meetings following his capture that slaughtering McCoy gave him a “mind-desensitizing climax”, expressing that this homicide was the point at which he “understood passing was a definitive rush” (Cahill and Ewing 349). Just about 2 years after the fact, Gacy submits his second homicide of a unidentified adolescent. Gacy choked the kid before stuffing the body in his storage room before covering him (Cahill 349). In 1975, Gacy’s business was developing rapidly and his hunger for youngsters developed with it. Gacy regularly attracted youngsters under his work to his home, persuading them to place themselves in binds, and assaulting and tormenting them before choking them (Cahill 169-170). A large portion of Gacy’s homicides occurred somewhere in the range of 1976 and 1978, the first of this time occurring in April 1976. A large number of the young people that were killed during this time were covered in a creep space under Gacy’s home. For the rest of the killings, Gacy confessed to losing five bodies the I-55 scaffold into the Des Plaines River; be that as it may, just four of the bodies were ever recouped (Linedecker 152). In December 1978, Gacy meets Robert Jerome Piest, a 15-year old kid working at a drug store and extends to him an employment opportunity at Gacy’s firm. Piest educates his mom regarding this and neglects to restore that night. The Piest family documents a missing individual’s report and the drug specialist illuminates police that Gacy would in all likelihood be the man that Jerome addressed about work. When addressed by the police, Gacy denied any inclusion in Piest’s vanishing. Nonetheless, the police were not persuaded, and Gacy’s history of sexual maltreatment and battery provoked the police to look through his home. Among the things found at Gacy’s home were a 1975 secondary school class ring with the initials J.A.S., different driver’s licenses, cuffs, apparel that was unreasonably little for Gacy, and a receipt for the drug store that Piest had worked at. Through the span of the following scarcely any days, agents got various calls and tips about Gacy’s rapes and the strange vanishings of Gacy’s representatives. The class ring was inevitably followed back to John A. Szyc, one of Gacy’s casualties in 1977. Futhermore, after inspecting Gacy’s vehicle, examiners found a little group of filaments looking like human hair, which were sent to the labs for additional investigation. That equivalent night, search hounds were utilized to identify any hint of Piest in Gacy’s vehicle, and one of the mutts showed that Piest had, actually, been available in the vehicle. On December 20, 1977, under the pressure of steady police observation and examination, Gacy admits to more than 30 homicides and illuminates his legal counselor and companion where the bodies were covered, both in the slither space and the waterway. 26 casualties were found in the slither space and 4 in the waterway. Gacy is captured, indicted for 33 homicides, and condemned to death by deadly infusion. He endeavored a craziness supplication yet was denied, and was executed on May 10, 1994. There were a few measurable markers that examiners used to attach Gacy to the homicides. A portion of these include fiber examination, dental and radiology records, utilizing the deterioration procedure of the human body, and facial remaking in recognizing the people in question. Agents discovered filaments that looked like human hair in both Gacy’s vehicle and close to the creep space where the bodies were covered. Notwithstanding these hair tests, agents additionally discovered filaments that contained hints of Gacy’s blood and semen in a similar region. Blood having a place with the casualties was found on a portion of the filaments, which would later straightforwardly attach Gacy to the violations. The strands in Gacy’s vehicle were broke down by criminological researchers and coordinated Piest’s hair tests. Moreover, the pursuit hounds that confirmed that Piest had been in Gacy’s vehicle demonstrated this by a “passing response”, which told agents that Piest’s dead body had been within Gacy’s vehicle. Out of Gacy’s 33 known casualties, just 25 were ever decisively distinguished. A significant number of Gacy’s casualties had comparable physical depictions and were in this way difficult to recognize by simply asking people in general. To distinguish the people in question, examiners went to Betty Pat Gatliff, a pioneer in criminological science and facial recreation. Facial reproduction is the way toward reproducing the facial highlights of a person by utilizing their remaining parts. Certain facial highlights, for example, facial structures, nasal structure, and generally face shape can be helpful in recognizing a casualty even long in the afterlife. By utilizing these highlights, and with the assistance of program, criminological examiners can make a picture of an individual’s face, which is instrumental in recognizing casualties after their bodies have rotted. Facial remaking should be possible in a few measurements.>

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