Legal Research and Writing

Writing Assignment #3: Memorandum on Social Host Liability
First draft due, Tuesday, February 27; Final draft due, Thursday, March 1

Jeremy is a U.Mass senior. His family lives nearby in Hatfield. He is the youngest of three brothers, all of whom attended U.Mass. One of Jeremy’s older brothers, Matt, lives at home with his parents.

Jeremy’s 21st birthday in May falls on the day before graduation. Since Jeremy’s parents are going to be gone that week and will be coming home the morning of graduation, Matt told Jeremy to invite his friends to their house for a birthday party. At around 11 p.m., Jeremy, Matt, and all the guests will leave the Hatfield house and go to Amherst to a pre-graduation fireworks display. Matt said that he will pay for some of the food and drinks but that Jeremy’s friends have to share some of the costs. Jeremy collected $200 from his friends and gave it to Matt. The plan is that Matt will buy a keg of beer, some vodka and mixers, soft drinks, pizza, birthday cake, and party decorations using the $200 and making up the difference with his money. They expect around 30 people to come to the birthday party. Many of the guests will be minors.

Kristen, Jeremy’s girlfriend, doesn’t like this plan at all. She knows how much Jeremy and his friends drink. She also knows that they will be driving from Hatfield to Amherst on Route 9 at around 11 pm the night before graduation. She doesn’t think much of Matt’s ability to control the drinking since Matt drinks more than Jeremy does. Amy is also concerned about what might happen when they get to the fireworks display. One of Jeremy’s friends, Trevor, is notorious for getting into fights when he’s been drinking too much. Last summer, Trevor got into a fight over a bad call at a local softball game. Jeremy and some of his friends jumped into the fight too and one of them ended up with a broken nose.

Kristen could go to Jeremy’s parents and tell them what’s being planned but she doesn’t want to be seen as spoiling the birthday fun. She knows you are a legal studies major and asks you to find out how much trouble they could get into if things get out of hand. She’s hoping to scare them into acting responsibly.

Write a 2-3 page letter or memorandum to Amy explaining the potential civil liability of Jeremy, Matt, and their parents for any harm caused by the negligent actions of the intoxicated birthday party guests. You decide what the tone should be. Put yourself in the position of the reader; what do you think will make the information most accessible for your reader. You do not need to discuss the potential criminal penalties (e.g. serving alcohol to minors, drunk driving) since this is about civil liability. Your goal is to equip Amy with accurate, relevant information. Remember to explain, clearly and accurately, any legal terms or concepts you use.

The format can be informal since this is being written to a friend. You decide what is best. You might want to just say, Dear Kristen, at the top, or you might want to set it up as a memorandum. Click here for a memo format.