Statutory Analysis Report
Assume your firm represents Carl Clay. He has been charged with burglary. Briefly the facts are as follows:
Last Friday Carl was watching As the Word Turns, his favorite soap opera, when suddenly the TV screen went blank. Nothing he could do would cause it to work. Unfortunately, Carl did not have enough money to buy a new set. He decided to help himself to someone else’s.
He drove to the nearby Sleep Well Motel because he knew that they had recently purchased new 19” TVs. When he got to the motel around 5:00PM., he waited in his car until he saw a lady leave her room, ice bucket in hand. She had left the door to her room slightly ajar. Carl quickly ran to the door, opened it and saw the TV. He went over to the TV, unplugged it, and picked it up. He was about to leave when the woman unexpectedly returned. Knowing karate, she felled him on the spot and then called the office manager, who, in turn, called the police. The TV, which was purchased for $600 and had a resale price of approximately $400, was returned to its rightful place in the room.
Carl has been charged with violating the following statutes:
General Laws, ch .228, §1
Burglary is defined as the breaking and entering of a dwelling at nighttime with the intent to commit a felony therein.
General Laws, ch. 228, § 2
Theft of personal property over the value of $500 is a felony.
Theft of personal property of a value less than $500 is a misdemeanor.
You are the paralegal assigned to this case and your senior attorney has requested that you prepare a two- to four-page legal memorandum that applies this statute to the previously stated facts, addressing each of the following:
- Develop a chart listing the elements of each statute.
- For each element, determine whether the facts raise an issue.
- For each issue, list arguments that both Carl’s attorney and the prosecution would raise. Reach a conclusion on each issue.
- Discuss whether you think Carl can be convicted of burglary?
Statutory ANALYSIS GRADING RUBRIC
Each numbered topic below is worth 5 points—highest possible grade book score is 20 points
1. Identification of the statutory elements
2. Analysis of facts and issues
3. Development of arguments and conclusions for each issue
4. Prediction of your client’s trial outcome
