Office Memorandum of Law
To William Carter
From Erick Watson
Date: Nov 18, 2018
Case: Jennifer v. Cooks
Office File No. 12-345
Kind of Case: Civil Rape
Whether Cooks has violated Penal Code § 750.520 under the Michigan
You have asked me to do look at
whether our client, Wilson cooks, violated this penal code for committing
marital rape. The argument is strong that I did.
Is having sexual intercourse with a legal
spouse without their consent a violation of § § 750.520
An individual does not commit sexual assault under § 750.520(1) if the
victim is his legal spouse, unless the two are living separately and one of
them has filed a divorce.
On July 19, 2017, Wilson Cooks was arrested at his
apartment. Our client and his wife live apart due to domestic quarrel. On July
2, 2017, the client visited the victim in her apartment and had unconsented sex
with the victim. As a result, the victim suffered bodily injuries. The victim
reported the matter to the police and Mr. Cooks was arrested and arraigned in
court. During the trial, the prosecution asked the trial judge to charge Mr.
Cooks for forcible sexual assaults and bodily injury though the victim and the
perpetrator no longer together. Cook objected on the ground that he is legally
married to his wife and the state statute gives him immunity from rape charges.
The rape statute bars a wife or husband from brings rape charges if the two are
legally married even if they no longer live together. To file rape charges, the
statute requires that the spouses are living part and that one of them files a
The governing rule in this case is § 750.520(1), which
provides as follows: a spouse can file a rape charge against the other spouse
if the two live part and one of them files for a divorce or maintenance
Spouses live apartOne of them files for
The two elements do not apply because the two are
still legally married. The statute exempts spouses legally married from rape
charges even if the two live apart. The
statute also exempts the perpetrator from persecution for causing bodily injury
to the victim.
The common law is categorical; no man
could legally rape his own wife as the wife is considered his property.
Remember to cite your sources of information to
support each response.
the information that can be obtained in Table 1.3 of The Bluebook; A Uniform
System of Citation (1 point)
Table 1.3 contains information pertaining to Rules of
Evidence and Procedure and Restatements (Chisholm,
2. Based upon what you have learned regarding proper
citation format, please respond either “True” or “False”
after each of the following propositions: (each correct answer is worth 1
• US District Court opinions are cited to Federal
• US Supreme Court opinions may be cited to the
official reporter only. False
• When writing for the court, it is important to check
Shepard’s Citations to ensure citation format complies the citation preferences
of a specific court. False
• Rule 10 in Bluebook specifies how to cite court
Using the Bluebook, provide the correct abbreviation
for each of the following publications. Cite the corresponding page Number from
1. United States Reports=U.S.
2. Pacific Reporter Third Series=P.3d
3. Louisiana Annual Reports=La. Ann
4. Arizona Reports= Ariz.
5. United States Supreme Court Reports, Lawyer’s
Edition First Series= L.Ed.
6. West’s California Reporter= W. Cal. Rptr
7. Supreme Court Reporter =S. Ct
8. Federal Reporter, Third Series= F. 3d
9. Southern Reporter Second Series =So.2d
10. Federal Supplement Second Series= F. Supp.2d
Provide any parallel publications that exist for each
of the sources listed below. Note that not all of the publications that are
listed have parallel citations. Cite Bluebook page numbers to support each
EXAMPLE: California Reports: Pacific Reporter
1. Michigan Appeals Reports: North Western Report
2. The Bluebook: A Uniform System of Citation:
3. Oregon Reports: Pacific Reporter
4. Georgia Appeals Reports: South Eastern Reporter
5. Ohio Appellate Reports: Northeastern Reporter
6. United States Supreme Court Reports, Lawyer’s
7. Federal Reporter 2d:
8. Colorado Practice Series: Pacific Reporter
9. Southern Reporter: Alabama Reports
10. American Law Reports (ALR): North East Reporter
(b) No. the Michigan
Penal Code Section 750.329a does not allow physician assisted suicide.
G. No, legally married
husband or wife is exempted under §
Directions: Provide the correct citation to the
following fictional cases. Cite Bluebook page numbers to support each response.
1) The US Supreme Court ruled on Charter v. Ohio in
2001. The opinion can be located in volume 353 of the official reporter, page
67; on page 114 of Vol. 362 of West’s Supreme Court Reporter; and in Lawyer’s
Edition, second series, volume 15, page 196.
Charter v. Ohio,
353 U.S 67 362, 15 L.Ed 2d 196, 362 S. Ct 114 (West 2001)
2) You have located United States v. Finkerton from
the 5th circuit in the spring of 1992 on page 417 of the Federal Reporter,
volume 7, second series.
United States v.
Finkerton, 7 F.2d 417(5th cir.: 1992)
3) Richards v. Stentworth may apply to a case your
attorney is working on. It is located in volume 54 of Michigan Reports on page
143, and on page 315 of volume 118 of the 2nd series of North Western Reporter.
The case was decided in 2011.
Stentworth, 54 Mich. 143; 118 N.W. 2d 315(2011)
4) The United States District Court for the Eastern
District of New York heard Clark Cable’s case against Vincent V. Morretti and
the opinion can be located on page 241 of volume 9 in the 3rd series. The case
was tried in 2015.
Cable v. Morretti
9 N.Y 3d 241 (C.D. N. Y. 2015)
5) The Colorado Court of Appeals upheld the conviction
in Bigwell versus the State of Colorado in October of 1999. The opinion is
published in the second series of the regional reporter, page 62, volume 10.
Bigwell v State,
10 Colo. App 2d 62(1999)
6) Milly Maples lost the case she filed against Shelly
Sharker, and appealed to 3rd Circuit Court of Appeals in 1996. This federal
opinion can be located on page 30 of volume 400 in the 3rd series of this
Maples v Sharker,
400 F. 3d 30 (3th Cir. 1996)
7) In 2012, Smythe Trapp won the appeal on his
conviction for robbery in the Tennessee Court of Criminal Appeals. Opinion can be
located in the 3rd series of the regional reporter, volume 33, page 159.
State v Trapp, 33
S.W. 3d 159 (Tenn. App. Ct. 2012)
8) Clifford Hancock lost his claim against Terrence
Pike and appealed to the Massachusetts Appeals Court in 1981. The opinion is
set forth in volume 212 of the regional reporter on page 154, and on page 126
of the official reporter, volume 19.
Hancock v. Pike,
19 U.S. 126, 212 N. E. 154 (Mass. App. Ct. 1981)
9) The federal district court in the Central District
of California heard Wrangler’s case against MacPherson in January of 2009. The
opinion can be found on page 85, volume 262 of the correct series for this
Wrangler v. Macpherson
262 F. Supp. 85 (C.D Cal. 2009)
10) The Court of Special Appeals in Maryland heard the
defendant’s appeal in the State’s case against James. N. Crickett in 1998. You
have located the opinion in the 12th volume of the regional reporter on page
655, and on page 112 in volume five of the official reporter.
State v. Crickett,
5 U.S. 112, 12 A. 655(1998)
Chisholm, A. (2015). The bluebook: a uniform system of citation. Columbia Law Review,
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