The contract between Mr. Smith and ABC contains the following binding arbitratio

The contract between Mr. Smith and ABC contains the following binding arbitration clause:
Arbitration. All claims and disputes arising under or relating to this contract are to be settled by binding arbitration in the state of Missouri or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in [insert industry or legal experience required for arbitrator] and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
Please choose John James, the owner of ABC Roofing, also the defendant in this case to represent. You will be research
and determine whether the arbitration clause applies to the contract and negligence claim attached and
Draft a 2-4 page
memorandum that incudes your research, analysis and conclusion.
Assume that
the Arbitration clause is enforceable on both counts.
Choose the defendants in Smith v. ABC Roofing, et al.,
when completing the following requirements:
preparing for a trial or arbitration, a great way to organize is by preparing
an outline for each party/witness. This
will be your guide to ensure that you extract all the necessary information for
each party/witness. In your outlines,
identify each party/ witness that you will call to testify and any physical
evidence that the witness will be questioned about.
Draft an outline for each party/witness to be
used in the arbitration. This outline
should include the name of the witness, what you expect them to testify to, and
what physical evidence you will question them about. For each party/witness, identify any legal
issues that you will use the testimony to prove.
Each outline should be 1-2
Prepare an
opening statement to introduce your case to the arbitrator. Because this is arbitration, and not a trial,
your opening statement should be persuasive. You should lay out the facts and
evidence in support of your case. In an
arbitration, the arbitrator is an expert in the law; therefore, the arbitrator’s
role is to identify any and all legal issues present in your case. Your opening statement should be organized
logically to tell the story of your case. While you want to provide enough
information to educate the arbitrator about your case, don’t get bogged down in
the details. You will have the opportunity to present all of your evidence to
the arbitrator later, the opening statement is intended to provide the
arbitrator with a roadmap to follow along.
Draft a
proposed order. This is your final
opportunity to persuade the judge to rule in your favor. This order should set forth your analysis of
the facts as applied to the law in support of your position. The order should contain any supporting law,
case law, statutes, rules and so forth, which requires the culmination of your
legal research in this case. Arbitrators often use the decision of the winning
party, so your order should be well-organized and flow from one discussion to
the next. This is the last chance for
you to convince the arbitrator to rule in your favor; so be persuasive.
Length: 5-7
References: Please use a minimum of 5-7 legal resources
You should demonstrate an understanding of legal research and writing,
as well as the differences between legal writing and academic writing. It
should demonstrate thoughtful consideration and the practical application of
your legal research. In addition, the assignment should display a good
understanding of the substantive content, and demonstrate your ability to
communicate information clearly, effectively, and in an appropriate tone. Your
response should reflect graduate-level writing and
BLUEBOOK standards for
formatting and citation.

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