Solution Manual For Legal Research, Analysis, and Writing, 5th Edition by William H. Putman, Jennife

Solution and Answer Guide: Putman/Albright, Legal Research, Analysis, & Writing, 5e, ©2024, 9780357619445;

Solution Manual For Legal Research, Analysis, and Writing, 5th Edition

by William H. Putman, Jennifer Albright

Solution and Answer Guide PUTMAN/ALBRIGHT, LEGAL RESEARCH, ANALYSIS, & WRITING, 5E, 9780357619445; CHAPTER 1: : INTRODUCTION TO LEGAL PRINCIPLES AND AUTHORITIES.

TABLE OF CONTENTS Assignment 1 Answers ................................................................................................................................ 1 Assignment 2 Answers ................................................................................................................................ 3 Assignment 3 Answers ................................................................................................................................ 3 Assignment 4 Answers ................................................................................................................................ 4 Assignment 5 Answers ................................................................................................................................ 7

ASSIGNMENT 1 ANSWERS Answer the following questions regarding the courts in your state: 1. Are there limited jurisdiction courts in your State?

Answer: The state considered here is, Texas in the United States. Federal courts are the courts that have limited jurisdictions. They only hear the cases which are approved by the United States constitution.

District courts are the first level of federal courts where limited jurisdiction exists, followed by circuit courts and supreme courts. a. Name those courts: Answer: There are four federal district courts in the State of Texas. They are divided into United States District © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Courts website, in whole or in part. of the Norther n

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District, Eastern District, Southern District, and Western District of Texas. There are 14 courts of appeals in Texas which have intermediate jurisdiction in civil and criminal cases which are appeals from the country courts. And lastly the Supreme court of Texas b. What types of cases can each of those courts preside over?

Answer: The cases in the district court of Texas consist of criminal cases, divorce cases, election cases, civil matters, and any other matters which are not placed in the trial court. The circuit court consists of the civil and criminal case which is appealed by district courts. The Supreme Court of Texas is the resort of civil matters in the US. Texas Court is the resort of criminal matters.

2. What is the general jurisdiction court in your State?

Answer: In the State Texas of United States, the general jurisdiction court is a district court. a. How are those courts organized—by county, district, etc.?

Answer: The geographical area covered by each court is formulated by the Legislature of the United States; however, each country is served by a minimum of one district court. b. Does that court have appellate jurisdiction over cases from any limited jurisdiction courts?

Answer: The district courts do have appellate jurisdiction in all the subordinate courts which are located in the districts; it covers both civil and criminal cases.

3. What are the appellate jurisdiction courts in your state?

Answer: The appellant courts in States Texas consist of the Supreme Court, 14 intermediate courts of the appellant, and a court of criminal appeals. a. Is there an intermediate appellate court? What is it called and is it a single court or are there multiple divisions?

Answer: There are 14 intermediate courts of appeals. They have jurisdiction in civil and criminal matters from the district courts in each of their geographical court of appeals of district state. They have limited writ jurisdiction. b. What is the highest appellate court?

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Answer : The court of Crimina l appeals is the

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highest appellate court in the state Texas of The United States.

ASSIGNMENT 2 ANSWERS Question: Access the website for your state‘s legislature. How many groups of statutes are there (these may be called titles, sections, codes, etc.)? Does the state legislature website provide a link to the state constitution?

Answer: The State of Texas is considered here.

The Texas legislature is a legislature of the United States state of Texas. It consists of 31 senate members and 150 house of representatives. The state legislature of Texas is met every two odd-numbered years.

During the session, bills are introduced by the legislators for approval. The bills which are approved by the law are arranged into codes referred to as Texas Statues. These statutes are online published and printed. There are 31 statutes codes available in the Texas statutes. The statutes available on the Texas Legislature website are updated as per the 87th 3rd Legislative session held in 2021.

The Texas Statues are as follows: Agriculture code Alcoholic beverage code Auxiliary water laws Business and commerce code Business organization code Civil practice and remedies code Code of criminal procedure Education code Election code Estates code Family code Finance code Government code © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Health and safety code

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Human resource code Insurance code Insurance code-Not codified Labor code Local government code Natural resources code Occupations code Park and wildlife code Penal code Property code Special district local laws code Tax code Transportation code Utilities code Water code Vernon‘s civil code The state legislature webiste of Texas, United States provides a direct link to Texas Constitution. It consists of all the articles and chapers of the Texas Constitution. It consist of 17 articles inclduingt the appendixes. Each article respecttive sections are acweesible online.

ASSIGNMENT 3 ANSWERS Question: Access your state Supreme Court website. Does the website include published opinions of the Supreme Court? If so, in what ways can you search those opinions?

Answer: The state considered here is Texas, United States. The opinions of the United States Supreme Court are published in the United States Reports. They are 800-1200 pages long. The US reports are complied with and published for the Court. The page proofs are reproduced printed and bound by the private companies under the US Government Publishing Office contract.

These materials of opinions are disseminated to the public electronically as well as in print. On the Texas courts © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website website, in whole or in part. under the supreme orders

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column, all the Supreme Court of Texas opinions can be accessed.

They have been starting to release after October 2014 till the present. They can also be accessed through CaseSearch.

The webpages, orders, and opinions released before October 1, 2014, are not converted to the new format, although their archives are fully available on the Texas court website.

ASSIGNMENT 4 ANSWERS The researcher is analyzing a problem involving the sale of goods on credit in state A. Authority The following authority has been located concerning the problem: 1. State A‘s Uniform Commercial Code Act 2. State A‘s Consumer Credit Act 3. State B‘s Uniform Commercial Code Act 4. A federal statute—Consumer Credit Act 5. Iron v. Supply Co.—a decision of the highest The court in state A 6. Milk v. Best Buy, Inc.—a decision of the highest Court in state B 7. Control Co. v. Martin—a decision of an intermediary Court of appeals in state A 8. Lesley v. Karl Co.—a decision of a trial court in State A 9. Irene v. City Co.—a federal case involving the Federal Consumer Credit Act 10. Regulations adopted by state A‘s Corporation A commission that applies to consumer credit and the sale of goods 11. Restatements of the Law defining sales, Consumer Credit, and other terms related to the problem 12. An ALR reference that directly addresses the Issues in the case Assume that all the cases are on point, that is, they are sufficiently similar to the facts and issues involved in the problem to apply as precedent.

Questions a. Which authority is the primary authority, and which is the secondary authority?

Answer: Every law is a primary authority, whereas the sources which are not law and on which the court depends © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible are the website, in whole or in part. seconda ry authoriti es.

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The primary authority consists of: 1. State A‘s Uniform Commercial Code Act. 2. State A's Consumer Credit Act. 3. State B‘s Uniform Commercial Code Act 4. Federal Statute Consumer credit Act 5. All the regulations adopted and case laws.

The secondary authority consists of: 1. Restatements of law.

2. American Law Reports references b. Which authority can be a mandatory authority? Why? What would be required for any of the sources to be a mandatory authority?

Answer: A mandatory authority source is a source upon which the court depends while deciding on a case issue, for instance, case laws. It consists of legal authority which has to be followed. All the primary authority is mandatory authorities which a court is required to put into consideration while making a decision for a case.

An authority becomes compulsory or mandatory when the authority is associated with the legality question or the issue is to be decided by the court only. c. Which authority can be a persuasive authority? Why? Answer: A persuasive authority is a source that may or may not be abided by the court. The court is not compelled to follow the persuasive authority. On the other hand, the court could consider persuasive authority while solving a case when they have to make a decision. Primary as well as a secondary authority can be considered persuasive authority.

If the primary authority is not associated with the situation of the case, then it would be considered persuasive and not mandatory authority. d. Assuming that all the primary authority applies to the issues raised by the facts of the client‘s case, list the authority in the hierarchical order of its value as precedent; that is, the authority with the greatest authoritative value will be listed first, followed by the other authority in the order it will be looked to by the court.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Answer : The order of authoriti es in hierarch

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ical order is as follows: 1. Statues.

2. Cases and 3. Regulations.

ASSIGNMENT 5 ANSWERS Facts Your client is the plaintiff in a workers‘ compensation case. The client was injured in 2021 in state A. In 2022, the employer destroyed all the business records relating to the client. The destruction of the records was apparently accidental, not intentional. They were destroyed, however, while the client‘s workers‘ compensation claim was pending.

Authority You have located the following authority, all of which is directly related to the issues raised by the facts of the client‘s case: 1. Idle v. City Co.—a 2005 decision by the highest court of state A in which the court created a cause of action in tort for the wrongful destruction of business records. The court ruled that a cause of action exists if the records were destroyed in anticipation of or while a workers‘ compensation claim was pending. The court also held that a cause of action exists if the destruction was intentional or negligent.

2. A 2014 state A statute—a law passed by the legislature of state A that created a cause of action in tort for the intentional destruction of business records. The statute provides that a cause of action exists if the destruction occurs in anticipation of or while a workers‘ compensation claim is pending.

3. Merrick v. Taylor—a 2015 decision of the court of appeals of state A. The court of appeals is a lower court than the state‘s highest court. The court held that the term intentional, within the meaning of the 2004 statute, includes either the intentional destruction of records or the destruction of records as a result of gross negligence.

4. Davees v. Contractor—a decision of the highest court of state B interpreting a state B statute identical to the 2014 state A statute. The court held that the term intentional, as used in the statute, includes gross negligence only when gross negligence is accompanied by a ―reckless and wanton‖ disregard for the preservation of the business records. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

5.

A 2016 federal statute —the

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statute is identical to the 2014 state statute but applies only to contractors with federal contracts.

6. An ALR reference—addresses specific questions similar to those raised in the client‘s case.

Questions a. Which authority is the primary authority, and which is the secondary authority? Why? Answer: All the laws are primary authorities; on the other hand, the non-law authorities on whom the court depends for their decision are secondary authorities.

Primary Authorities: 1. 2014 state statue 2. Idle v. City Co. case 3. Merrick v. Taylor case Secondary Authorities: 1. 2016 Federal statue 2. ALR reference 3. Davies v. Contractor case b. Which authority can be mandatory? Why? What would be required for any of the sources to be a mandatory authority?

Answer: A mandatory authority is an authority on which the court depends while making a decision.‘ All primary authorities are mandatory authorities as per the case. A primary authority becomes mandatory when the source is a legal question, as decided by the court. c. Which authority can be a persuasive authority? Why? Answer: Authority can be persuasive which may or may not be abided by the court. The court is not compelled to abide by persuasive authority; however, they may consider it while making a decision. If the primary authority does not follow the section of a court case, then it will be persuasive and not mandatory.

The law passed in 2014 state statute of State A indicates the actions to destroy the evidence intentionally.

2016 federal law supports the law formed in 2014, and the ALR considered it as a mandatory authority.

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d. Can Idle v.

City Co. be an authorit y at all?

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Why or why not?

Answer: Yes, Idle vs City CO can be an authority as it is a case law that is decided by the court of State A. e. If Idle v. City Co. is authority, to what extent?

Answer: It is an authority. Idle v City Co is a primary as well as mandatory authority. It is primary because it is case law. It is mandatory as it is required for the case in question. f. Discuss the impact of Merrick v. Taylor regarding the 2004 State A statute.

Answer: The statute passed in 2004 refers to the cause of actions that happened because of destructing the employee records when their compensation was yet to be paid. The statutes state it as justified if the records were intentionally destructed when the compensation was not paid. In the case of Merrick v Taylor, the court considered the statute in State A in 2004 which focuses on the term intentional by stating the destruction as an intentional act. g. Discuss the authoritative value of Davees v. Contractor.

Answer: Davees V Contractor has a persuasive value as the Davees case was decided by the court located in State B. This case is not binding on State A; instead, it has a persuasive value. h. Assuming that all the primary authority applies to the issues raised by the facts of the client‘s case, list the authority in the hierarchical order of its value as precedent; that is, the authority with the greatest authoritative value will be listed first, followed by other authority in the order it will be looked to and relied on by the court.

Answer: Authorities, in hierarchal order, are stated as follows: 1. Statutes or state laws 2. Cases 3. Regulations

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Solution and Answer Guide: Putman/Albright, Legal Research, Analysis, & Writing, 5e, ©2024, 9780357619445;

Solution and Answer Guide PUTMAN/ALBRIGHT, LEGAL RESEARCH, ANALYSIS, & WRITING, 5E, 9780357619445; CHAPTER 2: INTRODUCTION TO LEGAL RESEARCH AND ANALYSIS

TABLE OF CONTENTS Assignment 1 Answers .............................................................................................................................. 10 Assignment 2 Answers .............................................................................................................................. 10 Assignment 3 Answers .............................................................................................................................. 11 Assignment 4 Answers .............................................................................................................................. 12 Assignment 5 Answers .............................................................................................................................. 13 Assignment 6 Answers .............................................................................................................................. 15

ASSIGNMENT 1 ANSWERS Describe in detail the steps of the IRAC legal analysis process.

Answer: IRAC legal analysis process consists of four steps named Issue, Rule, Application, and Conclusion.

1. Issue: It involves the identification of legal issues that is represented by the concerned party.

2. Rule: It involves the determination of those rules or laws that can fit best for the legal issue.

3. Application: It analyzes whether the decided rules or laws can be applied or not.

4. Conclusion: It gives the summary of legal analysis and provides the final answer that whether the rules or laws can be applied or not.

ASSIGNMENT 2 ANSWERS Client’s Facts The client found a check written out to cash in the amount of $750. The check was completely made out when they found it. The client took it to the bank, signed it on the back as instructed by the teller, and cashed it. The client was subsequently arrested and charged with forgery. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Rule of Law Section

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30-236 of the state penal code defines forgery as ―falsely making or altering any signature to, or any part of, any writing purporting to have any legal efficacy with intent to injure or defraud.‖

Section 45-3-109d of the state commercial code provides that when a negotiable instrument is made out to cash it is a ―bearer instrument.‖ The section goes on to provide: ―A bearer instrument refers to an instrument

that is payable to anyone possessing the instrument and is negotiable by transfer alone, it is the same as cash.‖ Note: A check is a negotiable instrument.

Assignment: Based on the information presented in the problem, prepare a complete and detailed analysis of the question of whether there is sufficient evidence to support a charge of forgery.

Answer: In the given case, two rules will be applicable named Section 30-236 State Penal Code – Forgery and Section 45-3-109d state commercial code – Negotiable instrument made out to cash.

According to Section 45-3-109d, the cheque mentioned in the given case is a negotiable instrument that was made out for cash. In case, there was cash in place of the cheque then the client would not be considered under forgery. However, the act can be considered petty theft.

For the act of forgery, the person must have the intention to commit fraud and the party should do an act like altering the signatures. But, in this case, nothing like this happened as the client just signed on the backside of the cheque to get it en-cashed. It depicts that there was no intention to commit any kind of fraud. In conclusion, it can be said that the act can be considered for fine but, it was not a case of forgery.

ASSIGNMENT 3 ANSWERS Client‘s Facts The client is charged with burglary. The client broke a window, entered the neighbor‘s garage, and took three cases of beer. The garage is a separate building located about six feet from the neighbor‘s house.

Rule of Law Section 2397 of the state penal code defines burglary as the breaking and entering of the dwelling house of another with the intent to commit a crime.

Case Law © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

In the case of State v.

Nelson,

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the court ruled that ―a dwelling includes outbuildings close to but not physically connected with a dwelling house, if such buildings are capable of being fenced in.‖ Assignment: Based on the information presented in the problem, prepare a complete and detailed analysis of the question of whether there is sufficient evidence to support a charge of burglary.

Answer: In the given case, the issue is whether the act of breaking the window and entering the garage would be considered burglary or not. The rules applicable in this case are Section 2397 and the case State v. Nelson will be used.

According to this case, a dwelling includes an outbuilding that can be close but, not connected to the dwelling. In the given case, the client broke the window to enter the garage with ill intention or to commit a crime that can be considered an act of burglary.

ASSIGNMENT 4 ANSWERS The client is a local public library that has recently decided to allow an anonymous internet browsing network called Sepositus to use its servers. Sepositus allows people to communicate anonymously. It relies on layers of computers all over the world to hide the identity of its users. It is essentially a web browser.

Because the library is a local public library, the city council approves the budget of the library. The city council warned the library that if it allowed Sepositus to use its servers, the city would revoke the portion of the library‘s budget that went to its computer network system, which includes the servers that house the library catalog and patron records (like checkout records and overdue fine records) and allow access to ebooks, as well as the computers used by patrons to search the library catalog and use the internet. After the library‘s Sepositus node went live, the city council held a special session and revoked the portion of the budget that went to the library‘s computer network system. The library claims the action violates its rights to intellectual freedom, freedom to read, and privacy rights. The library believes intellectual freedom and freedom of communication is essential to maintaining a democracy.

The law firm handles cases involving the violation of constitutional and privacy rights.

Assignment: The researcher is assigned the task of identifying and analyzing the possible causes www.paralegaltoday.com Paralegal Today is a magazine geared toward the needs of paralegals. It often includes helpful articles on legal analysis and writing. Using www.google.com as a search engine and ―IRAC legal analysis‖ as a topic can identify several hundred websites (too many to list here) related to the topic ―legal analysis and the IRAC process.‖ 54 | Part 1: Introduction to Research, Analytical Principles, and the Legal Process of action that the client may have against the city council. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

a.

Discuss and describe in detail

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the steps you should follow when conducting the legal analysis. b. Assume there are possible causes of action based on freedom of speech under the First Amendment and equal protection under the Fourteenth Amendment. For each issue, describe in detail each step of the analytical process. c. Discuss factors that may possibly affect a researcher‘s objectivity and how those factors could affect the legal analysis of the problem.

Answer: a. While doing legal analysis, IRAC analysis is followed which involves identification of issues, determination of rules and laws against those issues, accessing its applicability, and making the conclusion. b. The issues here are whether the library violated the freedom of speech or not. And, whether it was protected or not. The rules applicable in this case are the first and fourteenth Amendments.

First amendment: First amendment stands for freedom of speech. In this case, the act of the library cannot be considered a violation of the organization‘s freedom of speech because the organization‘s literature promotes dislike towards a religion. According to Cantwell V. Connecticut (1940), the right to religious belief is considered to be absolute but, it is not absolute if a person acts differently as the freedom to act is not absolute. Therefore, the library can deny following the literature of organization.

Fourteenth amendment: This amendment provides equal protection to every person. In the given case, equal protection cannot be claimed because even though the organization‘s literature consists of other racial groups, instead of promoting the beliefs the graphic images used by the clients were clearly promoting hate.

It can be concluded that the library has neither violated the constitutional right of the organization nor of the client. c. The facts such as personal prejudices, beliefs, or sympathy towards the client can affect objectivity. It can affect the legal analysis as it may lead to failure to conduct critical analysis or the researcher may avoid vigorously pursuing arguments against the client.

ASSIGNMENT 5 ANSWERS © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Client‘s Facts The client

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was cited for passing in a no-passing zone. Frustrated by a slow-moving vehicle on a two-lane highway, the client admits passing began and ended in an area where the center of the road was marked with two solid stripes. There was no oncoming traffic, and the client made the maneuver safely.

Rule of Law The state‘s motor vehicle code, Section 293–301, provides that it is a violation of state law to pass a vehicle in a no-passing zone. In the statute, a no-passing zone is defined as that portion of the road marked by two solid lines painted in the center of the road. Passing zones are indicated by single, eightfoot stripes down the center of the road.

Case Law The only relevant case on the subject is State v. Roth. In that case, Roth was cited for improper passing.

Roth began the passing maneuver in the last 30 feet of a no-passing zone and completed it in a passing zone. There were no oncoming vehicles. Evidence presented to the trial court established that the last 30 feet of the no-passing zone should have been marked as part of the passing zone. Roth appealed the conviction in the trial court. On appeal, the state‘s highest court held that the purpose of the state motor vehicle code is to ensure safety on public highways. The court ruled that Roth‘s passing maneuver was clearly made safely and, considering the evidence that the no-passing zone was improperly marked, a strict reading of the statute was not appropriate. Roth‘s conviction was set aside.

Assignment: The researcher is assigned the task of analyzing the likelihood that the client‘s ticket can be set aside. a. Based on the information presented in the problem, conduct an analysis of the client‘s case and prepare a complete and detailed analysis of the problem.

b. Repeat assignment a, assuming the following facts: The client began the passing maneuver approximately 20 feet from the end of the no-passing zone and completed it in a passing zone. There was no oncoming traffic, and the client completed the maneuver safely. c. Repeat assignment a, assuming the following facts: The client began the passing maneuver in a passing zone but completed it in a no passing zone. d. What additional information, if any, may be necessary for a complete analysis of the preceding problems? © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Answer : a. Issue: In the

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given case the issue is whether the party has violated section 293-301 associated with the state motor vehicle or not.

Rules: Section 293-301 will be applied in this case.

Application: According to section 293-301 if a vehicle is passing from a no-passing zone then it will be considered a violation of state law. In the given case, the client passed the no-passing zone which was marked by two strips. It was also admitted by the client that the individual has passed the no-passing zone.

Conclusion: Therefore, the client has violated section 293-301 associated with a motor vehicle or not. b. Issue: In the given case the issue is whether the party has violated section 293-301 associated with the state motor vehicle or not.

Rules: Section 293-301 associated with State Motor code and Case: State v. Roth case will be applied here.

Application: In the given case, the client cannot be held liable under Section 293-301 because the individual has passed through no passing zone which was 20 feet far away. According to State v. Roth case, Roth‘s passing maneuver safely and conviction were set aside.

Conclusion: Therefore, the client has not violated Section 293-301. c. Issue: Whether the client has violated section 293-301 associated with a motor vehicle or not.

Rules: Section 293-301 will be used here.

Application: Although the client begins at maneuver, the individual ended up in no passing zone. It clearly shows that the client has violated section 293-301 as the area was clearly marked with two solid strips.

Conclusion: The client will be held liable under sections 293-301. d. For the given case, no additional information is required for the legal proceedings.

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ASSI GNM ENT

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ANSWERS What should you do when you do not find anything while researching a specific source? After finding several legal sources that address the research topic, what considerations should you keep in mind concerning when to stop researching?

Answer: In case, nothing can be found while researching a specific source the following steps can be followed: 1. Search for any other source.

2. The terms and issues searched for the issues should be reconsidered.

3. Legal theory attached to the issue should be re-evaluated.

4. Consider the matter of impression which means sometimes the issue or source used for the research is not studied in a particular given state.

The following considerations should be kept in mind when one needs to stop researching: 1. Stop finding answers if the primary authority has been found and is sufficient for answering the problem.

2. In the case of several authorities, prioritize it and stop searching.

3. Other factors can be considered such as time or money.

Solution and Answer Guide PUTMAN/ALBRIGHT, LEGAL RESEARCH, ANALYSIS, & WRITING, 5E, 9780357619445;CHAPTER 3: CONSTITUTIONS, STATUTES, ADMINISTRATIVE LAW, AND COURT RULES—RESEARCH AND ANALYSIS

TABLE OF CONTENTS Assignment 1 Answers .............................................................................................................................. 17 Assignment 2 Answers .............................................................................................................................. 17 Assignment 3 Answers .............................................................................................................................. 18 Assignment 4 Answers .............................................................................................................................. 18 Assignment 5 Answers .............................................................................................................................. 19

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Assign ment 6 Answer s ......................................

Assign ment 7

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Answers ...................................................................................................................................................... 19 Assignment 8 Answers .............................................................................................................................. 20 Assignment 9 Answers .............................................................................................................................. 21 Assignment 10 Answers ............................................................................................................................ 21 Assignment 11 Answers ............................................................................................................................ 23 Assignment 12 Answers ............................................................................................................................ 23 Assignment 13 Answers ............................................................................................................................ 25 Assignment 14 Answers ............................................................................................................................ 27 Assignment 15 Answers ............................................................................................................................ 28 Assignment 16 Answers ............................................................................................................................ 29

ASSIGNMENT 1 ANSWERS Assignment: Your state‘s paralegal association has a yearly two-day conference that provides both continuing education credits and booths where vendors of various types of law office software can share information and demonstrations of their product. This year the paralegal association also wants to have a formal gala to raise money for scholarships for students at local colleges who are working toward their paralegal degree. The association wants to sell alcohol at the gala. Does your state have a law requiring a special license in order for alcoholic beverages to be sold?

Answer: Laws related to alcohol may differ from country to country. Even different states can have different laws related to alcohol consumption. Let‘s suppose the state here is the USA but, in the USA, it is illegal to sell alcohol to a person below 21 years.

ASSIGNMENT 2 ANSWERS Monique has good credit and a good job. She is moving with her wife to a new town for a new job.

Monique and her wife rented their last apartment for five years. They believe that a landlord in the new town refused to rent them an apartment because they are gay. Refer to either the U.S.C.A. or the U.S.C.S. and identify the federal law that governs this. Does your state have a law that governs this issue?

Answer: Discrimination done by the landlord is not generally covered under federal law. It includes discrimination against homosexuals, lesbians, and transgender. According to Obergefell v. Hodges, samesex couples can get married to their choice but, they are not protected under federal law if they face discrimi © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. nation from individu als.

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However, in some states like New Jersey, Washington, or Miami there are fair housing laws that promote non-discrimination and protect the LGBTQ community.

ASSIGNMENT 3 ANSWERS Refer to the U.S.C.A. What is the definition of a ―digital audio recording device‖ under the copyright law? If you used the U.S.C.A. in print, when was the section last amended? If you used an internet source, what source did you use? Did it allow you to check the currentness of the section? If so, what was the public law number and date that the section was current through?

Answer: U.S.C.A. stands for United States Code Annotate. According to section 17 U.S. Code 1001, a digital audio recording device can be defined as reproducing digital musical recording in a digital format.

It can be either direct or indirect through the use of transmission. If internet sources are used it has a tab or hyperlink that depicts the currentness of the law. Suppose Westlaw is used, the current public numbers and the date were (Added Pub.L. 102-563, § 2, Oct. 28, 1992, 106 Stat. 4237).

ASSIGNMENT 4 ANSWERS Refer to the U.S.C.S. Cite the title and section of the code that addresses equal opportunity in contract solicitation, housing, and community development by the Federal Home Loan Mortgage Corporation. If you used the U.S.C.S. in print, when was the section last amended? If you used an internet source, what source did you use? Did it allow you to check the currentness of the section? If so, what was the public law number and date that the section was current through?

Answer: The following codes addresses: 1. Title 12: Bank and Banking Ch-46, Section 4520: Equal opportunity in the solicitation 2. Title 12: Bank and Banking Ch-11, Section 1430c: Housing goals

3. Title 12: Bank and Banking Ch-16, Section 1834b: Community development organizations Under U.S.C.S Section 4520 was amended in 2008. There were no amendments under 1430c and 1834b.

U.S.C is © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible the best website, in whole or in part. source to suspect

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the currentness of different titles.

ASSIGNMENT 5 ANSWERS What is the authorized term of imprisonment for possession of biological weapons by a restricted person under Title 18 of the United States Code? Cite the title and section. If you used the U.S.C. in print, when was the section last amended? If you used an internet source, what source did you use? Did it allow you to check the currentness of the section? If so, what was the public law number and date that the section was current through?

Answer: Title 18, Chapter-10: Section 175b is the authorized term of imprisonment for possession of biological weapons by a restricted person. It was last amended in 2019. U.S.C is the best source to suspect the currentness of different titles.

ASSIGNMENT 6 ANSWERS Refer to the Fifth Amendment to the United States Constitution in the U.S.C.A. or U.S.C.S. Cite the 1967 United States Supreme Court decision addressing the applicability of the privilege against selfincrimination in the case of juveniles.

Answer: According to the Supreme Court at the time of court-ordered examination, the defendant‘s statement should be compromised of the defendant‘s right against self-incrimination.

ASSIGNMENT 7 ANSWERS Look up a statute of your choosing in your state. You may find it in a print source, a commercial internet source, or a noncommercial source, such as your state legislature‘s website.

1. What source did you use?

2. When was the statute originally enacted?

3. When was the statute last amended (date and public law number)?

4. Did the source you used, allow you to update the statute to ensure you had the most current version of the statute?

5. If the answer to number 4 was yes, how were you able to check for updates to the statute?

Answer: © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

1. The statute chosen is Robbery and

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Burglary which is defined in chapter 103 of title 18 of US law. The source used is the website of US code.

2. The status of Robbery and Bulgar was enacted originally in June 1948.

3. The last amendment was made in 1992 when section 2119 was added to it.

4. Yes, the source allows updating the statute to ensure that one has the most current version of the statute.

5. The website of the US code has all the information related to the statute and the various amendment made to it from time to time. From that, one can check for updates to the statutes.

ASSIGNMENT 8 ANSWERS Statute: Criminal Code Section 20-4-102, Arson A person who knowingly set to be burned, or by use of any explosive, damages ts fire to, burns, causes or destroys, or causes to be damaged or destroyed, any property of another without his consent commits arson.

Assignment: a. What are the required elements of arson? b. Defendant breaks into a neighbor‘s barn, sets off 20 sticks of dynamite and blows up the barn. The barn does not catch fire, but it is blown to tiny bits and wholly destroyed. Has the defendant committed arson?

Why? c. Defendant breaks into a house intending to steal cash and jewelry. She lights a match to locate a safe.

Defendant drops the matchbox, it falls into a trash can, and the house catches fire. Has the defendant committed arson? Why? d. Defendant‘s diner is losing money and about to go out of business. Defendant and a friend own the building where the diner is located. One evening the defendant sets the building on fire to collect the insurance on the building. Has the defendant committed arson? Why? Answer: a. Arson is the act of a person that causes a fire to the property intentionally. The required elements of arson are as follows: © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

1.

T he defenda nt has set a

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2.

3.

4.

5.

property to fire.

The act was done intentionally The property must belong to another person The act has resulted in causing damages to the property.

The act has been done without the consent of another person.

b. The defendant has caused arson since, the criminal code section 20-4-102 states that arson is an act committed by a person intentionally that has caused damage to the property. And in the given scenario, the defendant has caused damages to the property by using dynamite. Thus, the defendant has committed arson. c. The defendant has not committed arson since the criminal code law 20-4-102 states that, there must be the intention of the person to set a property on fire, but in the given scenario, the defendant intended to steal and not to set the property on fire. Thus, the defendant has not committed arson.

d. The defendant has committed arson since the criminal code law 20-4-102 states that, the defendant has set the building on fire intentionally to collect the insurance. Thus, he has committed arson.

ASSIGNMENT 9 ANSWERS Answer the questions in Assignment 8 using your state law governing arson.

Answer: The answer to this question is the same as described in assignment 8 since the state law governing arson is the United States.

ASSIGNMENT 10 ANSWERS Access the Code of Federal Regulations from www.govinfo.gov or the legal research database of your instructor‘s choosing. What, if any, federal regulation applies to environmental impact statements for activities in Antarctica?

Answer: The federal regulation that applies to environmental impact statement for activities in Antarctica are as follows (16 U.S. Code § 2403a).

(A) Federal activity 1. The federal agency is required to prepare an initial environmental evaluation to determine the impact of federal © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible activity. website, in whole or in part.

2.

If through

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the preparation of environmental evaluation, it is determined that there will be no more than a minor impact of the activity, the activity can be carried out only after appropriate measures are taken to assess the impact of that activity.

3. If during the preparation of the environmental evaluation, it is determined by the agency that the activity will have more than a minor impact, the agency will have to prepare a comprehensive environmental evaluation according to section 3 of annexure I and make it available for comment.

4. Federal activity means all the activity conducted under the research program of the federal agency.

(B) The federal activity carried out jointly with a foreign government 1. When any activity is conducted with the cooperation of more than one foreign government, then it is called a joint activity.

2. When it has been determined by the secretary of the state the major part of the joint activity has been contributed by the government and where the government has signed the protocol, then there is no requirement to apply subsection (a) to that activity.

(C) Decision to proceed The activity for which comprehensive evaluation is being prepared and then the decision to proceed with such activity will not be taken.

Before the commencement of the such activity, the secretary is required to circulate the draft evaluation 60 days prior to their commencing.

(D) Emergency case In case of an emergency related to the safety of life of humans, aircraft, and ships, however, the requirements of this section shall not apply.

(E) Exclusive mechanism It is the sole and exclusive obligation of the federal agency to conduct an environmental assessment related to federal activity in Antarctica.

(F) Decision on the permit application © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

The provisio n of this section requirin

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g an environmental impact assessment shall not apply to federal action concerning issuing permits under section 2404.

(G) Publication of notices It is the duty of the Secretary to publish a copy of the draft comprehensive evaluation in the federal register.

ASSIGNMENT 11 ANSWERS Refer to the Federal Register for October 19, 2015. On what page(s) of the Federal Register is the final rule of the Parole Commission on the topic of paroling, recommitting, and supervising federal prisoners?

Prisoners serving sentences under the United States and District of Columbia Codes? On what date is the final rule effective?

Answer: A federal register is published by the United States government on regular basis. It contains a summary of the regulations, effective dates, and notice of hearing. The final rule of the parole commission can be found on page number 63115-63117. The final rule become effective on October 19, 2015.

ASSIGNMENT 12 ANSWERS Statute: Section 30-1-6, Nuncupative Wills a. A nuncupative will may be made only by a person in imminent peril of death and shall be valid only if the testator died as a result of the impending peril, and must be:

1. Declared to be his last will by the testator before two disinterested witnesses; 2. Reduced to writing by or under the direction of one of the witnesses within 30 days after such declaration; and 3. Submitted for probate within six months after the death of the testator. b. The nuncupative will may dispose of personal property only and to an aggregate value not exceeding $1,000. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

c.

A nuncupa tive will does not revoke an

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existing written will. Such written will is changed only to the extent necessary to give effect to the nuncupative will. Note: A nuncupative is an oral will, a will that is not written.

Assignment: a. To what type of will does this statute apply? b. What requirement must be met for a nuncupative will to be valid; that is, what are the elements? c. Testator, on their deathbed, writes a will on a piece of notepaper, signs it, and delivers it to a sister for safekeeping. Does the statute govern the validity of this will? d. Testator, on their deathbed, declares that it is their will and that all property should go to their girlfriend. Three witnesses are present. One witness is in an adjoining room. The door to the adjoining room is open. That witness hears what the testator is saying.

Assume for this example that the will is reduced to writing within 30 days and is submitted for probate within six months.

1. Is this a valid will under this statute? What additional information may be necessary?

2. Assume this is a valid will, and also that the testator had a previous valid written will. What impact does the nuncupative will have on the written will? What is disposed of by the nuncupative will?

Answer: a. The statute having Section 30-1-6 Of Country U‘s Code Service applies to Nuncupative will. A nuncupative will is also referred to as an oral will since it is delivered to the witnesses using verbal communication instead of written documents. Usually, this type of will is delivered by individuals who are laying down on their deathbeds. b. A nuncupative will or oral will stands valid only when the testator makes it while dying because of impending peril. This acts as the main requirement but still, there are other elements present which are listed as follows: 1. The nuncupative will needs to be the last will declared by the testator and the will should be stated before not less than two witnesses or parties who must be disinterested in the will.

2. Within 30 days of the declaration of such will, the will must be reduced to written form by any of the witnesses or any person, or party under the permission as well as guidance from the witness. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

3. Any sort of nuncupa tive will

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needs to be submitted for probate within not more than six months starting from the death of the testator. c. The statute will not govern the validity of the will made by the testator in the given case since the will made by the testator does not fall in the category of nuncupative will. The testator has provoked the basic requirement of nuncupative will which states that the will needs to be in oral form. And being a nonnuncupative will, this will is not governed by statute Section 30-1-6, Nuncupative will. d.

1. The will made by the testator shall stand invalid because witness information is not particularly mentioned which arises the chance of the witness having an interest in the will. Furthermore, one witness is present in an adjoining room which is also not considered as a fulfilling requirement of nuncupative will because the witness needs to be present in proximity to the testator. Additional information should be provided that whether the testator died due to impending peril or not.

3. It can be noted that any nuncupative will does not revokes another written will, further it can be considered that the written will change as per the necessary facts to give validity as well as effect to the nuncupative will. Considering nuncupative will, the rule states that it can dispose of property considered as personal whose aggregate value does not exceed $1,000.

ASSIGNMENT 13 ANSWERS Statute: Section 2-201, Statute of Frauds The following statute is a section of the Commercial Code Sales Act adopted by the state legislature. A contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by the party‘s authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing.

Assume that the act applies to the sales of goods. Goods are defined in § 2–100 as ―those things movable‖ and do not include real property.

Assignment: a. Does the statute apply to the lease of goods? b. What are the required elements of the statute? In other words, for a contract for the sale of goods of $500 or more to be enforceable, what is required? © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

c.

Jae orally contract s to buy

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10 car tires at $70 each. The seller prepares a contract and gives it to Jae. Neither party signs the contract.

1. Who can enforce the contract under the provisions of the statute?

2. Assume that only Jae signs the contract. Who can enforce the contract?

3. Assume that both parties sign the contract and the written contract incorrectly provides for 9 tires at $70 each. Is the contract enforceable under the statute? If so, to what extent is it enforceable?

4. Assume both parties sign the contract and it reads 15 tires at $70 each. Is the contract enforceable under the statute? If so, to what extent is it enforceable?

5. Assume there is no written contract. The seller hands Jae a slip of paper upon which he has written, ―This is to confirm our oral agreement.‖ Both sign the paper. Is there an enforceable contract under the provisions of the statute? If so, to what extent is it enforceable?

Answer: United States Code service may be understood as the codification of Federal laws. It has been divided into individual titles, chapters, parts, subchapters and sections for purposes of organization and presentation. It was published by Lexis Nexis. a. The statute is not applicable to the lease of goods, and it is applicable to the sale of goods only. b. As per the section 2-201, the following are the elements of the Statute of Frauds:   

There must be a written agreement or contract.

The agreement should clearly reflect the enforcement that is, a sale or purchase.

There must be signature of the party against whom the enforcement is being sought as per the agreement.

c.

1. No party has the right to enforce the contract in line with the provisions mentioned under the statute of frauds. It is because of the fact that there must be signature of the party against whom the enforcement is being sought as per the contract (according to the elements of the statute of frauds). In the given scenario, no part has actually agreed upon the contract (by putting their signatures) and accordingly, the contract cannot be enforced by anyone of them.

2. The seller would have been able to enforce the contract if the Person M had signed the contract.

In line with the provisions mentioned under the Statute of Frauds, there can be enforcement of the contract if the party against whom the enforcement is being sought has actually agreed upon the contract by putting their signatures on it.

3. Yes, the enforcement of the contract can made In line with the provisions mentioned under the statute of frauds. If the facts are incorrectly mentioned, it does not become the ground for contract to be © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible insuffici website, in whole or in part. ent. The contract shall however

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be enforced up to the quantity that has been mentioned under the contract and it will not go beyond that.

In the given situation, the contract discussed will be termed a valid contract because it is available in writing. All kinds of paper agreements are considered to be as valid contracts in line with the provisions mentioned under the Statute of Frauds. It can be put into enforcement either ways that is action or defense.

ASSIGNMENT 14 ANSWERS Statute: Section 35-1-4, Privileged Communications— Spouses In all actions, spouses may testify for or against each other, provided that neither may testify as to any communication or admission made by either of them to the other during the marriage, except in actions: 1. between such spouses, and, 2. where the custody, support, health or welfare of their children or children in either spouse‘s custody or control is directly in issue.

Answer: The codification of Federal laws is often termed as the United States Code service. Lexis Nexis played a vital role in its publication. It is divided into individual titles, chapters, parts, subchapters and sections for purposes of organization and presentation.

1. According to Section 35-1-4, the following are the elements of Privileged communication:    

Both the husband and the wife are forbidden from testifying about any remarks or admissions they made to one another while they were married.

There has to be Privileged communication existing between both the parties that is the husband and the wife.

Such communication has to be there taking place in the course of their marriage.

The revocation of Privileged communication can be done only when there is some action between the parties (the husband and the wife) or when they are willing to claim the custody or support and welfare of their children.

2. There are two specific circumstances in which the parties (the husband and the wife) may wish to testify against each other. Those circumstances are: © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

 W hen there exists some

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

action between the parties (the husband and the wife).

When the matter pertains to claim the custody or support and welfare of their children.

The parties involved (the husband and the wife) cannot simply give testimony against each other if the question mentioned about communication taking place between them in the course of the marriage. If there has been communication or admission between either of the parties in the course of their marriage cannot be simply testified.

3. a. Under the given circumstances, since the confession was made to his wife by the husband in the course of their marriage, the wife cannot be asked to give any testimony against her husband. It will be considered as a case of Privileged communication as per the provisions mentioned under section 35-1-4. b. Yes, as per the provisions mentioned under section 35-1-4, the Privileged communication can be surrendered if the Wife on a voluntary basis wishes to give a testimony against her husband.

c. Yes, the Privileged communication can be surrendered as per the provisions mentioned under section 35-1-4 if the Wife on a voluntary basis wishes to give a testimony against her husband.

However, if it this is not on a voluntary basis, then the wife can be asked to give a testimony even after getting separated in legal terms. It is primarily because it was in the course of their marriage that the communication took place. d. Yes, if the parties involved (the husband and the wife) had chosen to take divorce in the course of the law suit, the communication held between the parties will be termed admissible. It is because the conversations between the parties in that case would have been taken place post their married life only.

ASSIGNMENT 15 ANSWERS Go to www.govinfo.gov and link to the United States Code. Select the year 2020 and locate the statute regarding the crime of domestic assault by a habitual offender.

Assignment: a. What is the citation for the statute? © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

b. What is the term of impriso nment

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for this offense? c. How is ―domestic assault‖ defined in this statute?

Answers: a. (Added Pub. L. 109–162, title IX, §909, Jan. 5, 2006, 119 Stat. 3084; amended Pub. L. 113– 104, §3, May 20, 2014, 128 Stat. 1156 .) b. Crime of domestic assault by a habitual offender has imprisonment of not more than 5 years. c. Domestic assault under Title 18 includes assault committed by a person who is a current or former spouse, parent, child, or guardian associated with the victim. When the assault is committed by a person with whom the individual shares a child in common. And, the assault committed by a person who cohabitated with a parent, child, spouse, or guardian.

ASSIGNMENT 16 ANSWERS Using www.govinfo.gov of the legal research database of your instructor‘s choice, link to the Code of Federal Regulations. Select the title ―Parks, Forests, and Public Property,‖ select the chapter for ―Forest Service, Department of Agriculture,‖ select the part for ―Travel Management,‖ and then the subpart for ―Designation of Roads, Trails, and Areas for Motor Vehicle Use.‖

Assignment: a. What section covers public involvement in decisions? b. What does that section say about the right of the public to be involved in determining the use of trails and roads? c. When is absence of public involvement authorized?

Answers: a. Section 212.52 covers public involvement in decisions. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

b.

In general, the public can

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participate in the designation associated with National Forest System roads, trails, or lands. In case, National Forest or Ranger District has already made the administrative decisions then the public notice without public involvement can also be sufficient. No modification is needed on earlier decisions or designation that is made under different authorities with or without participation. c. Absence of public involvement depicts that anything under this section cannot alter or limit the authority associated to implement temporary or emergency closures that are attached to 36 CFR part 261, subpart B that is without public notice for short-term resource protection or it is regarding the protection of public health or safety.

Solution and Answer Guide PUTMAN/ALBRIGHT, LEGAL RESEARCH, ANALYSIS, & WRITING, 5E, 9780357619445; CHAPTER 4: CASE LAW-RESEARCH AND BRIEFING

TABLE OF CONTENTS ASSIGNMENT 1 ANSWERS .......................................................................................................................... 31 ASSIGNMENT 2 ANSWERS .......................................................................................................................... 31 ASSIGNMENT 3 ANSWERS .......................................................................................................................... 31 ASSIGNMENT 4 ANSWERS .......................................................................................................................... 31 ASSIGNMENT 5 ANSWERS .......................................................................................................................... 32 ASSIGNMENT 6 ANSWERS ....................................................................................................................... 32 ASSIGNMENT 7 ANSWERS ....................................................................................................................... 33 ASSIGNMENT 8 ANSWERS ....................................................................................................................... 34 ASSIGNMENT 9 ANSWERS ....................................................................................................................... 35 ASSIGNMENT 10 ANSWERS ..................................................................................................................... 35 ASSIGNMENT 11 ANSWERS ..................................................................................................................... 36 ASSIGNMENT 12 ANSWERS ..................................................................................................................... 37 ASSIGNMENT 13 ANSWERS ..................................................................................................................... 37 ASSIGNMENT 14 ANSWERS ..................................................................................................................... 38 ASSIGNMENT 15 ANSWERS ..................................................................................................................... 38 © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

ASSIGN MENT

16 ANSW ERS ................................

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ASSIGNMENT 1 ANSWERS What are four of the reasons for reading and analyzing court opinions? Describe each reason you provide.

Answer: A court is a place where legal disputes are resolved. A court opinion is a written statement that includes the facts of the legal disputes before the court. It is a legal resolution given by the court in the form of a statement. It also contains the rationale behind the opinion. There are four reasons for reading and analyzing the court opinions which are as follows: 1.

2.

3.

4.

To learn the concept of case law established by the court's opinions.

To learn and interpret the constitutional and statutory law for their application in a case.

To learn and develop writing skills.

To gain insight into legal analysis.

ASSIGNMENT 2 ANSWERS What are the common elements of a court opinion?

Answer: The major elements that constitute a part of court opinion are as follows: 1.

2.

3.

4.

5.

6.

The facts that give rise to a legal dispute.

The procedural history and decisions of the lower courts.

The rule of law governs the dispute.

The issues that were addressed and resolved by the courts.

The application of rule of law to the facts.

The relief that was granted or denied.

ASSIGNMENT 3 ANSWERS Describe the difference between annotated and unannotated court opinions.

Answer: An annotated court opinion refers to any published court opinion with editorial addition such as headnotes, key numbers, and syllabus. However, a published opinion without editorial addition is called an unannotated court opinion. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

ASSI GNM

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ENT 4 ANSWERS Access the case located at 1 N.E.3d 641. a. Give the name of the case. b. List all parallel citations. c. What court decided the case and in what year? d. Who was the attorneys for the defendants?

Answer: a. The name of the case is Edwards vs. Lombardi b. Edwards v. Lombardi, 1 N.E.3d 641, 2013 Ill. App. 3d 120518, 376 Ill. Dec. 929 (Ill. App. Ct. 2013) c. The judgement was granted in favor of Lombardi in 2011. d. The attorneys for the defendants were Lindsay A. Watson and Brian Hunt.

ASSIGNMENT 5 ANSWERS Locate the case at 411 P.3d 630. a. What is the name of the case?

b. Which headnote indicates that the case holds that an obligor parent‘s potential income should be calculated based on the parent‘s work history, qualifications, and job opportunities and, in determining earning capacity, the court has the discretion to choose the best indicator of future earning capacity based on the evidence? c. What paragraph in the opinion does discussion of the topic in b. above begin?

Answer: a. The name of the case is Farr vs. little b. The headnote is ―Discussion‖. c. Paragraph 6 describes the discussion of the topic. And it begins with the imputation of the parent‘s income. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

ASSI GNM ENT

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6 ANSWERS Consult West‘s General Digest, Tenth Series. a. Give the name and citation of a 2001 Minnesota case that lists the elements of battery. b. Referring to the Minnesota case, does battery require the intent to injure? c. Cite a Kentucky case providing that fourth-degree assault can be proved only if the result of the assault is physical injury, not death. d. You are researching a question concerning the admissibility of evidence in an arson case. To what key number would you refer? e. You are looking at the case, Adams v. Noble. What is the Federal Supplement citation? What United States District Court rendered the decision? Under what key numbers may the case be found?

Answer: a. The name of the case is Essex Insurance Company vs. Davidson, and the citation is 622 N.W.2d 536(Min. 2001). b. The battery does not require the intent to injure. c. The name of the case is commonwealth vs. Adams. The citation is 967 S.W.2D 727. d. The key number would be 803(6). e. The case Adams vs. Noble can be found in the Federal Supplement under the key number 2:18-cv00560-JCM-NJK. The United States District Court for the District of Nevada has rendered the Case. After a trial,

the district court rendered the decision in favor of Adam stating that Adam has created the software and Nobel has illegally copied it.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

ASSI GNM ENT

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Solution and Answer Guide: Putman/Albright, Legal Research, Analysis, & Writing, 5e, ©2024, 9780357619445;

7 ANSWERS Refer to the regional digest for your state (see Exhibit 4-3) citation of a decision from your state that discusses who is a passenger for purposes of recovering from under- or uninsured motorist insurance coverage. Refer to the case. a. What is the definition of the passenger? b. In the alternative, if there is not a definition listed in the case, what are the factors the court will consider in determining if someone is a passenger? c. If there is no decision from your state, what legal encyclopedia reference is listed? d. The New Mexico case in Exhibit 4-1 addresses the same issue. How might it be used to locate a case in your state?

Answer: a. The passenger refers to the person who has occupied any transportation vehicle such as a train, boat, car, or airplane. However, the occupant is different from the person who is operating the vehicle. b. Since the definition of Passenger is listed in the case, the court need not consider the other factors to determine if someone is a passenger. c. The legal encyclopedia that gives the definition of Passenger is the Wex definitions team. d. The issues given in New Mexico can be used to find a legal principle that states, a person is deemed to be occupying a vehicle only when he is ―on, in, entering or alighting from, a vehicle. Any, proximity to the vehicle does not indicate that person is a passenger of the vehicle.

ASSIGNMENT 8 ANSWERS The client has been charged with shooting at vehicles on an interstate and the penalty is sought to be enhanced as an act of domestic terrorism under 18 U.S.C.A. § 2331. Refer to the United States Code Annotated, locate 18 U.S.C.A. § 2331, and answer the following questions: a. Give the ALR cite that addresses what constitutes entrapment to commit federal crimes of terrorism. b. Give the name and citation of the 2015 U.S. Court of Appeals, Second Circuit, decision that held a defenda © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible nt‘s act website, in whole or in part. of placing element al

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Solution and Answer Guide: Putman/Albright, Legal Research, Analysis, & Writing, 5e, ©2024, 9780357619445;

mercury in four hospitals was an act of ―domestic terrorism.‖ Answer:

a. The ALR cite is 18U.S.C.A.2332b which addresses that whoever conducts any activity such as kidnap or killing that result in serious injuries to another person is punishable under the state law.

b. The name of the case is United States vs. Kimber.

Citation is 13-3661 (2d Cir. 2015).

ASSIGNMENT 9 ANSWERS Look at your state statute concerning aggravated or armed robbery and the annotations that follow the statute. a. Give the legal encyclopedia reference(s) that refers to aggravated or armed robbery. b. Give the ALR cite (if any) that addresses the question of how the use of an unloaded gun affects criminal responsibility. c. Give the name and citation of any case that answers the question of whether a toy or fake gun is a ―dangerous weapon.‖ Answer: a. Legal encyclopedias are used in research. They are a secondary source of legal information. They provide brief information about a legal concept.

According to the legal encyclopedia B, robbery is the act of taking property or money from someone by using threat or force. It is a punishable offense under the law. Armed robbery and aggravated robbery are more serious offenses under the legal encyclopedia B. b. An ALR is a law reporter that gives detailed information about a case. According to 79 ALR,429 F.2d552, a gun, whether loaded or unloaded, can harm the physical and mental health of the person, and thus, it is a criminal activity. c. United States Vs. Garratt,3F © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

ASSI GNM ENT

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Solution and Answer Guide: Putman/Albright, Legal Research, Analysis, & Writing, 5e, ©2024, 9780357619445;

10 ANSWERS The client was stopped for failing to maintain a lane. The officer learned the client had a warrant and arrested the client. The client‘s car was searched, a gun was found, and the officer learned the client was a felon. The client was charged with possession of a firearm by a felon. You are asked to search for a published case (opinion) in your state that addresses whether the officer‘s search of the passenger compartment of the client‘s car exceeds the permissible scope of such searches. Your attorney refers you to an annotated, unpublished case, United States v. Guerrero-Heredia, an unpublished case from the District

Court of Arizona. How can you use this unpublished case to locate a published case that addresses the right of officers to search the client‘s car incident to the arrest?

Answer: The unpublished case of United states vs. Guerrero- Heredia can be used to locate a published case that addresses the right of an officer to search the clients‘ car incident to the arrest. The published case is Chimel Vs. California. It was held by the court that if a police officer has any reason to believe that the vehicle of the person contains any dangerous weapon, then he has the right to search the same. Officers can search the automobile as long they have any probable cause to search exists. Probably cause here means that the officers are sure enough that evidence of the crime will be found after the search.

ASSIGNMENT 11 ANSWERS Using whatever commercial database your program provides you access to, locate the Guerrero-Heredia decision in Assignment 10. a. Are there any court opinions of any jurisdiction, state or federal, that cite the decision? b. What types of secondary sources cite the opinion? c. What is the ALR annotation that could lead you to court opinions that assess the applicability of Arizona v. Gant, which limited the right of police to search vehicles incident to arrest?

Answer: © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

a. Yes, there was a decision of the

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supreme court that cite the decision. b. The secondary source used in the case was an Audio tape. c. The ALR annotation of the case is 129 S.C.T. 1710 (2009).

ASSIGNMENT 12 ANSWERS Access the case located at 798 F.3d 1030. a. Give the name of the case. b. What was the disposition of the case? c. What is the name of the circuit judges that heard the case? d. What is the name of the judge that authored the opinion?

Answer: a. Gilmore Vs. local b. Plaintiff's claim under the civil right act dismissed. Plaintiff‘s representation claim was under review.\ c. Judge Goettel heard the case. d. Judge Goettel authorized the opinion.

ASSIGNMENT 13 ANSWERS Access the case located at 536 F. Supp. 2d 883. a. Where else can the case be found (other citation to decision)? b. What areas of law does the case involve? c. What court decided the case and in what year?

Answer: a. The case can be found in Selseth v. Darwit, 536 F. Supp. 2d 883 (N.D. Ill. 2008) only. b. The area of law that the case involves is criminal law. c. Defendant Darwit‘s motion to dismiss was granted by the court. However, the other motions were denied © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible by the website, in whole or in part. court in 2008.

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ASSIGNMENT 14 ANSWERS Access the United States Supreme Court website and locate the Opinions link. Under the Opinions link, go to the link for Sliplists. a. What information is provided in each Sliplist? b. What happens to each Sliplist as new bound volumes are produced? c. Go to the 2021 term, March opinions. Locate docket number 20-443. In what volume of the United States Reports will the opinion be published?

Answer: a. Slip opinions are a kind of primary opinion that are posted within a minute after being given by the court of the state. b. Slip opinions remain posted on the website of the court until the entire term are not published in bound volume. However, they get deleted when the new bound volume is produced. c. The opinions of United States reports are published in a book known as Reporters. The volume of these opinions ranges from 800 to 1200 papers long.

ASSIGNMENT 15 ANSWERS Access your local supreme court website. Locate the link for the court‘s opinions. a. How are the opinions organized? b. Are both published and unpublished opinions available on the supreme court website? c. Does the Court‘s website have any information about citing unpublished opinions? If so, what is your state‘s rule regarding the citing of unpublished opinions?

Answer:

a. On the website of the supreme court, opinions are organized systematically. The opinion of courts, opinions related to the orders, and in-chamber opinions all are cited differently in different columns. b. Yes, both published and unpublished opinions are available on the supreme court website. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

c.

The state‘s rule regardin g the

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Solution and Answer Guide: Putman/Albright, Legal Research, Analysis, & Writing, 5e, ©2024, 9780357619445;

citing of unpublished opinions states that unpublished opinions are not cited unless there is no published case on point and the jurisdiction's court allows it to cite it as a persuasive authority.

ASSIGNMENT 16 ANSWERS Brief a case of your instructor‘s choosing using the format provided in this chapter or the format provided by your instructor.

Answer: The case brief is as follows: Parties: Grey Vs. Martino Procedural history: Grey is a cop who has sued Martino for the reward of money. However, the lower court granted an award in favor of Plaintiff. The defendant was not satisfied and appealed to the supreme court.

Facts: the plaintiff is a cop who made a contract with the defendant Martino for giving him a reward of $5000 for searching for his stolen jewel. The plaintiff knows about the location of the jewels while making the contract. However, after giving the stolen jewels to the defendant, the defendant refused to reward him with money. The plaintiff sued him in court.

Issues: Was the plaintiff working as a legal officer who has been charged with the legal duty to search the criminal at the time of the making of the contract?

Rule of Law: A public officer cannot demand any money or reward for carrying out his official duty.

Thus, the claim of the plaintiff for the reward was wrong.

Solution and Answer Guide PUTMAN/ALBRIGHT, LEGAL RESEARCH, ANALYSIS, & WRITING, 5E, 9780357619445; CHAPTER 5: CONSTITUTIONS, STATUTES, ADMINISTRATIVE LAW, AND COURT RULES—RESEARCH AND ANALYSIS

TABLE OF CONTENTS ASSIGNMENT 1 ANSWERS .......................................................................................................................... 40 ASSIGNMENT 2 ANSWERS ......................................................................................................................... 40 ASSIGNMENT 3 ANSWERS ......................................................................................................................... 41 © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

ASSIGN MENT 4 ANSWE RS ....................................

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ASSIGNMENT 5 ANSWERS .......................................................................................................................... 41 ASSIGNMENT 6 ANSWERS .......................................................................................................................... 41 ASSIGNMENT 7 ANSWERS ....................................................................................................................... 42 ASSIGNMENT 8 ANSWERS ....................................................................................................................... 42 ASSIGNMENT 9 ANSWERS ....................................................................................................................... 42 ASSIGNMENT 10 ANSWERS ..................................................................................................................... 43 ASSIGNMENT 11 ANSWERS ..................................................................................................................... 43 ASSIGNMENT 12 ANSWERS ..................................................................................................................... 43 ASSIGNMENT 13 ANSWERS ..................................................................................................................... 44 ASSIGNMENT 14 ANSWERS ..................................................................................................................... 44 ASSIGNMENT 15 ANSWERS ..................................................................................................................... 44 ASSIGNMENT 16 ANSWERS ..................................................................................................................... 45

ASSIGNMENT 1 ANSWERS Q. What is the purpose of secondary authority?

Answer: Secondary authority is used to get an overall understanding of the background of law. It identifies the primary authority for the question on which research is required. It is also used for relying on the court when a decision is required. It usually occurs when primary authority is not present or it is not clear whether it will apply to the problem or not.

ASSIGNMENT 2 ANSWERS Q. The client is in-house counsel for a large automobile manufacturer. The client was terminated without having any prior discipline and without notice. The employer told the client that being in-house counsel is the same as being an at-will employee. What section of the Am. Jur. 2d or CJS discusses claims of wrongful discharge of in-house counsel?

Answer: Claims of wrongful discharge include a lawsuit filed by an employee for illegal firing against the employer. Am. Jur. stands for American Jurisprudence which is a legal encyclopedia for the United States. Sections 18, 18A, 18B, 19 45A, 45B, 45C, and 46 discuss the claims for wrongful discharge of inhouse counsel. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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ASSIGNMENT 3 ANSWERS Q. Which Am. Jur. 2d title and sections address 18 U.S.C.S. § 204?

Answer: 18 U.S.C.S. § 204 is concerned with Practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Congress.

And, 2d title 21A Criminal law is concerned with 18 U.S.C.S. § 204.

ASSIGNMENT 4 ANSWERS Q. The client‘s brother was killed in an automobile collision. Family members disagree about whether viewing of the deceased should be allowed at the funeral, due to the degree of damage to the body. What section of Am. Jur. 2d discusses this topic?

Answer:Am. Jur. is represented by the American Jurisprudence. It is a legal encyclopedia of the United States written by Thomas Reuters. Section 22A§30 of Am. Jur. discusses the topic and deals with dead bodies. According to this section, every person has a right to decide the manner in which his or her body is going to be disposed of after his or her death.

ASSIGNMENT 5 ANSWERS Q. Refer to either the CJS or Am. Jur. 2d. What section defines the term name, and what is the definition?

Answer: Section 1 of the Corpus Juris Secundum defines the term name. The definition of the name is as follows: The name can be defined as it is a word used to differentiate and identify a person.

ASSIGNMENT 6 ANSWERS Q. The client, a shareholder in a corporation, believes that the corporation exceeded its authority when it expanded the corporation‘s business from the repair of automobiles to the sale of automobile parts. Using the encyclopedia your law library has or through the online database your program provides you access to, © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible where website, in whole or in part. can you find this topic?

What is

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Solution and Answer Guide: Putman/Albright, Legal Research, Analysis, & Writing, 5e, ©2024, 9780357619445;

the term for the action of a corporation that exceeds its power?

Answer: The topic can be found in Fletcher's cyclopedia of the law of private corporations.

The term for the action of a corporation that exceeds its power is ―Power of corporations‖. In the given scenario, the shareholder believes that the corporation had exceeded its power when it expanded the business from repairing automobiles to its sale, it clearly indicates that the company had violated its articles of association that define its powers.

ASSIGNMENT 7 ANSWERS Q. The client‘s child belongs to a religious cult. The clients believe the cult used improper means to indoctrinate their children and keep them in the cult. The child has given all their goods to the cult and refuses to see or talk to the parents. Is there an ALR annotation that addresses the liability of a cult for improper activities?

Answer: ALR annotation that addresses the liability of a cult for improper activities is as follows: 40 A.L.R. 4th 1062

ASSIGNMENT 8 ANSWERS Q. Review the annotations at 51 A.L.R.4th 446. a. What is the title? b. Which section of the annotation discusses the view of imposing liability without proof of the owner‘s knowledge of a dog‘s viciousness?

Answer: a. The title is Borns Ex. rel. Vs. Voss b. Section 1 of the Dogs Act, of 1906 discusses the view of imposing liability without proof of the owner‘s knowledge of a dog‘s viciousness.

ASSIGNMENT 9 ANSWERS Q. Use the ALR Quick Index and answer the following questions © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

a.

Which annotati on deals with

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Solution and Answer Guide: Putman/Albright, Legal Research, Analysis, & Writing, 5e, ©2024, 9780357619445;

liability for an injury inflicted by a domestic animal exhibited at a show? b. Review the annotation. i. Who is the author? ii. Review the Jurisdiction Table of Statutes and Cases. What New York case from 2000 is cited? iii. Review Section 10a. What is the most recent case that discusses this topic?

Answer: a. The annotation that deals with the liability for an injury inflicted by a domestic animal exhibited at a show is 72ALR 3d 1161. b. i. Gregory Vs. AIISTATE INS CO. ii. The New York case from 2000 is Horace Mann Co. vs. Neuville with the citation 465N.W. 2d 432. iii. Section 10a is related to the reviewing of respiration under the Securities Exchange Act. However, there is no recent case related to it.

ASSIGNMENT 10 ANSWERS Q. Locate 4 U.S.C. § 3. What ALR annotation discusses what constitutes a violation of flag desecration statutes?

Answer: The ALR annotation that discusses what constitutes the violation of flag desecration statutes is 18 U.S. Code § 8 and U.S. Code §70 as a violation of flag desecration of statutes.

ASSIGNMENT 11 ANSWERS Q. The client was hospitalized because of a severe attack by their spouse. The client‘s attack was so severe that it resulted in hospitalization. They are now separated, and the client wants to sue the offending spouse. The attacking spouse still lives on the military base where they lived at the time of the incident.

Refer to the Federal Practice Digest and locate the digest topic and key number that addresses this topic.

Answer: The digest topic is Family Law/ Husband and wife and the key number 205 addresses this topic.

ASSIGNMENT 12 ANSWERS Q. Using a digest of your instructor‘s choice, identify the 2011 Arizona case holding that a protective sweep of an apartment was unlawful because officers lacked knowledge that someone posing a danger was © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible inside website, in whole or in part. the apartme nt.

Provide

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Solution and Answer Guide: Putman/Albright, Legal Research, Analysis, & Writing, 5e, ©2024, 9780357619445;

the proper citation to the case.

Answer: The name of the case is Arizona vs. fisher and the citation is 859P.2d 179.

ASSIGNMENT 13 ANSWERS Q. Your supervising attorney asks you to locate the case Brady Campaign to Prevent Gun Violence v.

Brownback. The attorney remembers it is a Federal Supplement case but cannot remember the citation.

Locate the case and provide the proper citation.

Answer: thecitation of thecase is 110 F. Supp. 3d 1086.

ASSIGNMENT 14 ANSWERS Q. theassignment requires reference to Shepard‘s citator, in print or online. Regarding 18 U.S.C. § 1201(a), what is thecitation of theUnited States Reports decision that held theprovision unconstitutional in part? What Sixth Circuit case found theprovision constitutional? What Second Circuit case, in 2001, discussed section 1201(a)(1)?

Answer: Shepard‘s citation provides thecurrent status of thecase as well as references to other cases where thesame matter has been discussed. It consists of legal authorities and citations.

The citation of theUnites states Reports decisions that held theprovision unconstitutional in part is 390 U.S.570 and thename of thecase is United States Vs. Jackson. United States Vs. Davis, with thecitation 559F. App‘x 438,450(6th circuit 2014) is thecase in which it was held that theprovision is constitutional. thesecond circuit case in which section 1201(a)(1) was discussed is Unites States Vs. Amato and Fasciana with thecitation 540F.3d 153.

ASSI © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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15 ANSWERS Q. Locate Bullcoming v. New Mexico, 131 S. Ct. 2705 (2011). Using Shepard‘s or KeyCite, what is thecitation for the2011 Illinois Court of Appeals, First District, a case that Bullcoming is distinguished by?

Answer: therequired citation is 541 U.S.36 and thename of thecase is Crawford vs. Washington, a case from which Bull coming is distinguished by.

ASSIGNMENT 16 ANSWERS Q. This assignment can be completed using Shepard‘s online or Westlaw‘s KeyCite. Locate Crawford v.

Washington, 541 U.S. 36 (2004). a. What is thesignal for Crawford? b. What types of cautionary analysis are there? Provide both thetype and thenumber of references for each.

Answer: a. thesignal for Crawford was therecorded statement that thepetitioner‘s wife had made during police interrogation.

b. A cautionary analysis was taken by thepetitioner‘s wife while making a recorded statement and a second cautionary analysis was taken by thecourt while giving its decision regarding theviolation of thesixth amendment related to theconfrontation clause.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Sol

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Solution and Answer Guide: Putman/Albright, Legal Research, Analysis, & Writing, 5e, ©2024, 9780357619445;

ution and Answer Guide PUTMAN/ALBRIGHT, LEGAL RESEARCH, ANALYSIS, & WRITING, 5E, 9780357619445; CHAPTER 6: SECONDARY AUTHORITY—PERIODICALS, RESTATEMENTS, UNIFORM LAWS, DICTIONARIES, LEGISLATIVE HISTORY, AND OTHER SECONDARY AUTHORITIES

TABLE OF CONTENTS ASSIGNMENT 1 ANSWERS .......................................................................................................................... 46 ASSIGNMENT 2 ANSWERS .......................................................................................................................... 47 ASSIGNMENT 3 ANSWERS .......................................................................................................................... 47 ASSIGNMENT 4 ANSWERS .......................................................................................................................... 48 ASSIGNMENT 5 ANSWERS .......................................................................................................................... 48 ASSIGNMENT 6 ANSWERS ....................................................................................................................... 49 ASSIGNMENT 7 ANSWERS ....................................................................................................................... 50 ASSIGNMENT 8 ANSWERS ....................................................................................................................... 51 ASSIGNMENT 9 ANSWERS ....................................................................................................................... 52 ASSIGNMENT 10 ANSWERS ..................................................................................................................... 53

ASSIGNMENT 1 ANSWERS Q. Refer to theIndex to Legal Periodicals or Current Law Index. What 1998 article distinguishes between © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

euthanas ia

and

thewithd rawal of

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Solution and Answer Guide: Putman/Albright, Legal Research, Analysis, & Writing, 5e, ©2024, 9780357619445;

life-sustaining treatment?

Answer: thetitle of thearticle is theAlleged distinction between euthanasia and withdrawal of lifesustaining treatment: conceptually incoherent and impossible to maintain. It has been written by professor Orentlicher in thebook, Mortal Peril. This book has been written by Richard Epstein.

ASSIGNMENT 2 ANSWERS Q. Your client is a city with a growing urban agriculture movement. thecity wants to know about theregulation of urban agriculture, particularly micro livestock ordinances. What is a 2015 journal article that addresses how cities are responding to micro livestock?

Answer: thename of thearticle is ―How Cities are responding to theUrban Agriculture movement with micro livestock Ordinance, 47 Urban Lawyer85-117(2015)‖.It has been written by Jaime Bouvier.

ASSIGNMENT 3 ANSWERS Q. Refer to theLegal Resource Index or any other legal periodical index as directed by your instructor.

What is thetitle and citation of thearticle in theDaily Chicago Law Bulletin that covered Arizona State Legislature v. Arizona Independent Redistricting Comm‘n., 135 S. Ct. 2652 (2015)?

Answer © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

: thetitle of thearticl

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e is thesame as thename of thecase and thecitation is 576 U.S. 787(2015).

ASSIGNMENT 4 ANSWERS Q. Refer to Restatement (Third) of Torts.

a. What section sets out theelements of assault? b. Which comment addresses a key difference between thesection identified above and theparallel section in theRestatement (Second) of Torts? What is that key difference? c. Generally, what does theterm imminence mean? d. Is there a court opinion listed in theauthorities from your state? If so, what is thename of that case, and what principle does it stand for?

Answer:

a. Section 211.1 defines theelements of Assault.

b. thedifference between section 211.1 and theparallel section is that section 211.1 is related to thepenalty imposed for assault and theparallel section is related to thepenalty imposed on sellers for selling defective products to customers.

c. theterm imminence means something that is about to happen or occur immediately.

d. thename of thecase is Denezpi vs. United states and theprinciple it stands for is thedual sovereignty principle.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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ENT 5 ANSWERS Q. Refer to Restatement (Third) of Unfair Competition.

a. What section defines a trade secret? What is thedefinition? b. What is thereason for providing protection to trade secrets? c. What Rhode Island law addresses trade secrets? d. What 1998 case from theU.S. District Court for theSouthern District of Indiana discussed trade secrets?

Answer: a. Title 18, part 1, of chapter 19 of theUS Code defines a trade secret as a formula, information, program, device, and method that has its derives its economic value which is not known to other persons and requires subsequent effort to maintain its secrecy.

b. There is a need to provide protection to trade secrets to maintain their secrecy.

c. theRhode Island law that addresses trade secrets is Uniform Trade Secret Act, 2014, from chapters 6-41.

d. thename of thecase is Flotech Inc. Vs. Southern Research Inc. and thecitation is 16F. Supp. 2d 992.

ASSI © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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6 ANSWERS Q. Refer to theUniform Laws Annotated. theclient has a spouse who is terminally ill. theterminally ill spouse has a will and a health care power of attorney, but neither addresses anatomical gifts. theclient wants to make an anatomical gift of any organs or tissue that might be deemed by doctors as a benefit for others.

a. What uniform law governs this question? b. Have there been prior versions of this uniform law? What is themost recent version? c. In themost recent version, what section(s) address who may make an anatomical gift? d. In theLibrary References under each section listed for subpart c. above, what secondary source is listed as having other related information on thesubject?

Answer:

a. theuniform law that governs this question is theUniform Anatomical Gift Act, of 1968.

b. theprior version of theUniform Anatomical Gift Act is theyear 1968. It was revised in 1987. themost recent version of this Act is Uniform Anatomical Gift Act, 2006.

c. Section 2 of this act defines who may make an anatomical gift.

d. thesecondary source that may have other related information is thewebsite of Cornell University.

ASSIGNMENT 7 ANSWERS © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Q. Refer to theGove

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rnment Publishing Office website that showed children how to torture cats. She seems to remember that some legislation was introduced in the106th Congress that dealt with theonline protection of children.

Consult theUnited States Code Congressional and Administrative News and locate what, if any, legislation was introduced.

Answer: thename of thelegislation is Children‘s Internet Protection Act(1999-2000) Rept. 106-141.

ASSIGNMENT 8 ANSWERS Q. Refer to theGovernment Publishing Office website www.govinfo.gov. Using Public Law 114-11, answer thefollowing questions:

a. In what ways can legislative history be gathered from this website? b. What is thetitle and date of theHouse Report on Public Law 114-11?

Answer:

a. thelegislative history of any legislation can be gathered by tying thename of that legislation in thesearch box of thegovinfo.gov website. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

b. therepor t's name

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is theEnergy Efficiency Improvement Act of 2015, and thedate is 30th April 2015.

ASSIGNMENT 9 ANSWERS Q. Determine if your state has uniform or pattern jury instructions.

a. If your state has uniform or pattern jury instructions, retrieve thejury instruction that contains theelements of civil battery. b. What source(s) did you consult to locate your state‘s uniform or pattern jury instructions? c. Retrieve theArizona pattern jury instruction for thebattery. d. What source(s) did you use to locate Arizona‘s Pattern Jury Instructions—Civil?

Answer:

a. theJury instructions that contain theelements of battery are as follows:To establish theclaim that thedefendant has committed battery, theplaintiff is required to prove all of these things.

1. thedefendant has touched or caused to be touched with theintent to harm or offend theplaintiff.

2. theplaintiff has not given his or her consent to thetouching.

3. theplaintiff was harmed by thedefendant‘s misconduct.

b. The source that can be used to locate thejury instruction is thewebsite of Cornell Law School and US courts.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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c. theArizona pattern jury instruction for thebattery is as follows:

Plaintiff claims that thedefendant commits battery against him or her. In this claim, theplaintiff is required to prove that defendant intend:

1. To cause harm or offensive contact with theplaintiff.

2. Caused a harmful or offensive contact with thename of theplaintiff.

3. Plaintiff‘s damages.

d. thesource that can be used to locate thejury instruction is thewebsite of Justia and US courts.

ASSIGNMENT 10 ANSWERS Q. While crossing an intersection, theclient was struck by a motor vehicle driven by a minor. theminor‘s parents owned thevehicle, and theminor was driving with their knowledge and consent. theminor has been cited twice for speeding in thepast three years. Refer to Am. Jur. Pleading and Practice Forms and locating theproper negligence complaint form for suit against theparents.

Answer: thesuit can be filed against theparents by using complaint form 116.

Solution and Answer Guide PUTMA © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

N/ALBRI GHT,

LEGAL

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Solution and Answer Guide: Putman/Albright, Legal Research, Analysis, & Writing, 5e, ©2024, 9780357619445;

RESEARCH, ANALYSIS, & WRITING, 5E, 9780357619445; CHAPTER 7: COMPUTERS AND INTERNET LEGAL RESEARCH

TABLE OF CONTENTS ASSIGNMENT 1 ANSWERS .......................................................................................................................... 54 ASSIGNMENT 2 ANSWERS .......................................................................................................................... 55 ASSIGNMENT 3 ANSWERS .......................................................................................................................... 55 ASSIGNMENT 4 ANSWERS .......................................................................................................................... 56 ASSIGNMENT 5 ANSWERS .......................................................................................................................... 56 ASSIGNMENT 6 ANSWERS ....................................................................................................................... 56 ASSIGNMENT 7 ANSWERS ....................................................................................................................... 57 ASSIGNMENT 8 ANSWERS ....................................................................................................................... 57 ASSIGNMENT 9 ANSWERS ....................................................................................................................... 57 ASSIGNMENT 10 ANSWERS ..................................................................................................................... 58 ASSIGNMENT 11 ANSWERS ..................................................................................................................... 59 ASSIGNMENT 12 ANSWERS ..................................................................................................................... 59 ASSIGNMENT 13 ANSWERS ..................................................................................................................... 60 ASSIGNMENT 14 ANSWERS ..................................................................................................................... 61 ASSIGNMENT 15 ANSWERS ..................................................................................................................... 61

ASSI © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

GNM ENT

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1 ANSWERS Q. theclient is a shareholder of a corporation in Tennessee. What is required for an action to be taken by shareholders without a meeting?

Answer: An action without a meeting is a process whereby theshareholders take an action against theboard of directors. This action is taken under special circumstances.

In thestate of Tennessee, this provision has been covered under chapter 17, title 48, Shareholders part 1meetings §48-17-104, Action without meeting.

The provision requires thenotice of such action should be in writing, permitted under sections 11-27, and should be approved by more than one shareholder with voting rights.

ASSIGNMENT 2 ANSWERS Q. Perform Assignment 1 using your state.

Answer: theprovision of action without a meeting is same in theall states of America. For an action without a meeting, written consent of all theshareholders in writing is required and covered under title 48, Shareholders part 1- meeting §48-17-104, Action without meeting.

ASSIGNMENT 3 ANSWERS © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Q. Using theCorn

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ell Law School website, locate a 1998 United States Supreme Court case from thestate of Minnesota that involved a warrantless search.

Answer: thename of thecase is State of Minnesota vs, Wayes Thomas carter, and thecitation is 569 N.W.2d 169.

ASSIGNMENT 4 ANSWERS Q. theHobbes Bridge Act is included in which section of theUnited States Code?

Answer: Section 511-523 of theUnited States Code is referred to as Hobbes Bridge Act. It is also known as by Trauman-Hobbs Act.

ASSIGNMENT 5 ANSWERS Q. What is thefee charged by theUnited States District Courts for a search of thecourt records?

Answer: thefee charged by theUnited States District Courts for a search of thecourt records is $31 per name or item searched.

ASSIGNMENT 6 ANSWERS Q. Under theFederal Rules of Civil Procedure, must leave of thecourt be obtained to take thedeposition of a person detained in prison? Include therule citation.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Answer : therule citation

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is rule 30- Disposition by Oral Examinations.

ASSIGNMENT 7 ANSWERS Q. How is ―claim‖ defined in theNational Park Service‘s regulations dealing with minerals management?

Include theCode of Federal Regulations citation.

Answer: theclaim is defined as any patented, unpatented mining claim, tunnel site, or mill site. thecitation is 36 C.F.R §9.2(k).

ASSIGNMENT 8 ANSWERS Q. Using federalregister.gov, locate the2022 clinical practice guideline for prescribing opioids. It is an expansion of theCenters for Disease Control and Prevention‘s guideline for prescribing opioids for chronic pain. What is theFederal Register citation? What is thedocket number for the2022 Clinical Practice Guideline document?

Answer: thefederal register is in theform of a document and its citation is 87 FR 7838. thedocket number is CDS- 2022-0024.

ASSIGNMENT 9 ANSWERS Q. thesupervising attorney is working on an employee disability benefits claim involving theEmployment Retirement Security Act. theattorney remembers that there was a 2003 United States Supreme Court Case on © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

thesubje ct. theattor

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ney also remembers that one of theparties was Black and Decker. Locate thecase.

Answer: thename of thecase is theBlack and Decker Disability Plan vs. Nord. thecitation of thecase is 538 U.S. 822.

ERISA is represented by Employee Retirement Income Security Act. It was created to promote thedifferent benefits given to theemployees and their recipients by ways of promoting different plans. the1974 ERISA plan was to give benefits to qualifying disabled employees of Black and Decker. Black and Decker have theauthority but it administers theplan to issue first recommendations on thebenefits claims. Metlife was a claim under this plan which was lodged by therespondent Nord. Metlife refused theclaim. Nord was an employee of Black and Decker. It was concluded by thecourt that theERISA need not need themanagers to give due consideration to doctors‘ opinions. Thus, theCourt developed theNinth Circuit ―Treatment Medical rules‖.

ASSIGNMENT 10 ANSWERS Q. theclient‘s son is forming a Bible club at thelocal high school. theclub wants to meet during theschool‘s activity period. theschool principal refuses to allow them to meet. Using theinternet, what is thename, case number, and date of a Third Circuit case involving thePunxsutawney schools decided after 2000 that addresses this question?

Answer: thename of thecase is Donovan vs. Punxsutawney Area School Board. thecase number is 023892. thedate of thethird circuit is July 15, 2003.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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ASSIGNMENT 11 ANSWERS Q. Your supervisory attorney is working on a consumer law case involving a savings and loan company‘s refusal to grant our client a loan. Our client is female. thesupervisory attorney wants to obtain theNational Consumer Law Center‘s Credit Discrimination Manual. Go to nclc.org and identify whether themanual can be obtained for free, for cost, and if for cost, in print or electronically.

Answer: thecredit discrimination manual is available in electronic form. It is available for a charge of $140 per year. One can have access to this by subscribing to thewebsite of theNational Consumer Law Centre.

ASSIGNMENT 12 ANSWERS Q. theclient resides in Pennsylvania and has a question concerning child support. Locate information on Pennsylvania child support. Hint: This is a family law matter.

Answer: Child support is covered under code section 231 Pa.Code Rule 1910.16-1. Child support in Pennsylvania is a parents‘ court-ordered payment made that help in meeting thecost related to raising thechild. Child support obligation in Pennsylvania may last until thechild becomes 18 or until thetime thechild is in high school or depends upon thephysical or mental health of thechild.

A parent can receive child support in different ways. An agreement can be made by theparents and is asked for approval by Judge. theagreement is related to thesupport order in a civil case. Most of thesupport cases are started by filing an application for Child support. thecompleted application form is submitted to thenear Domestic Relation office.

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Support calculati on

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The amount of child support is calculated by using theguidelines created by thePennsylvania Supreme Court. However, theamount is based on theneeds of thechild and theability of parents to pay. theamount of child support is calculated by theJudge by using a complicated formula. Other factors such as parents‘ income, cost of medical insurance, and living arrangement of children are considered while evaluating theamount of child support. theamount of child support is reviewed by thecourt after every four years.

ASSIGNMENT 13 ANSWERS Q. You are working on a simple will. Describe how you can locate a simple will form on theinternet.

What are some ways you sorted through theresults of your search to identify reliable forms for your state?

Answer: A simple will form can be located on theinternet by using thewebsite of lawrato or any website that gives theformat of a will form. Generally, a will form has thefollowing components that can be searched on any website:

1. The person or thetestator who is writing thewill.

2. The sound-mindedness of thetestator while filling out thewill form or thedocument.

3. The name of thebeneficiaries of thewill.

4. The name of theexecutor who will distribute theassets.

5. Signature of testator.

6. Sign © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

ature of witnesse s.

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One way to identify thereliable forms for any state of theUS is to focus on thereliable form and download theform from thewebsite of Am. Jur. 2d Pleading and Practice Form or from Bender‘s Federal Practice form.

ASSIGNMENT 14 ANSWERS Q. Describe how you would obtain, free of charge, a law review article from theBuffalo Criminal Law Review.

Answer: One can obtain thelaw review article from thewebsite of Buffalo law review. For that purpose, one needs to put thevolume number of articles in thehome section. A copy of such an article can also be obtained from thewebsite of research gate. It is available free of charge on these websites.

ASSIGNMENT 15 ANSWERS Q. What legal research links are provided by theAmerican Bar Association?

Answer: theAmerican Bar Association provides links to thefollowing legal research:

1. Wex, a legal dictionary from Cornell University.

2. The Law library of congress provides more than 9000 links to legal and legislative resources.

3. Congress website that contains text bills and summaries since1998, and provides a link to thevarious founding documents.

4. Govinfo website which is an official website of theUS government that provides information about various © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

federal govern ment

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and public laws.

5. U.S. code is a website created by theOffice of law regional counsel. It is a free website to locate U.S. code research.

6. Americanbar.org is a website that provides information related to government branches and court citations.

7. Abanet.org is a search engine that provides access to ethical codes applicable to law professionals.

Solution and Answer Guide PUTMAN/ALBRIGHT, LEGAL RESEARCH, ANALYSIS, & WRITING, 5E, 9780357619445; CHAPTER 8: COMMERCIAL INTERNET RESEARCH

TABLE OF CONTENTS ASSIGNMENT 1 ANSWERS .......................................................................................................................... 63 ASSIGNMENT 2 ANSWERS .......................................................................................................................... 63 ASSIGNMENT 3 ANSWERS .......................................................................................................................... 64 ASSIGNMENT 4 ANSWERS .......................................................................................................................... 64 ASSIGNMENT 5 ANSWERS ....................................................................................................................... 65 ASSIGNMENT 6 ANSWERS ....................................................................................................................... 66 ASSIGNMENT 7 ANSWERS ....................................................................................................................... 66 ASSIGNMENT 8 ANSWERS ....................................................................................................................... 67 ASSIGNMENT 9 ANSWERS ....................................................................................................................... 67 ASSIGN © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

MENT

10

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ANSWERS ................................................................................................................................................. 68 ASSIGNMENT 11 ANSWERS ..................................................................................................................... 68 ASSIGNMENT 12 ANSWERS ..................................................................................................................... 69 ASSIGNMENT 13 ANSWERS ..................................................................................................................... 69 ASSIGNMENT 14 ANSWERS ..................................................................................................................... 70

ASSIGNMENT 1 ANSWERS Q. theclient is thechairman of theboard of directors of an Ohio corporation. theboard of directors has decided to merge thecorporation with another Ohio corporation. theclient wants to know if shareholder approval is required for themerger. Identify theOhio statute that governs this question, and what that statute provides concerning shareholder approval.

Answer: Section – 1741.78: Mergers and acquisitions into thedomestic company. theOhio statute that governs this question is merger or consolidation into a domestic corporation and this requires theapproval of theshareholders.

Concerning shareholder approval, thestatute requires thevote of theshareholders at theshareholder's meeting which is an affirmative vote that entitles corporations to exercise at least two-thirds of thevoting power of thecorporation on such proposals and should not be less than themajority.

For this merger or consolidation to be effective, thedirectors and shareholders of each domestic company should give their approval in theshareholders meeting kept for this purpose and should be authorized by each foreign constituent as per thelaws of thestate under which this exists.

ASSI © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

GNM ENT

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2 ANSWERS Q. Perform Assignment 1 using your state law.

Answer: theprovision of mergers and consolidations into domestic corporation is same in theall states of America. For themergers or consolidations to be effective in any state, approval from thedirectors and shareholders of thesurviving company is required and is governed by thesame laws except thelaws of that state provide otherwise.

ASSIGNMENT 3 ANSWERS Q. Your supervising attorney recalls there was a 1989 Arkansas case where a county court judge was convicted in federal court of vote buying. After theU.S. Court of Appeals denied theappeal, thestate circuit court declared thejudge ineligible to hold public office. thejudge claimed that he had received insufficient notice of thestate court hearing because he had less than 24 hours‘ notice to appear at thehearing. What is thename and citation of thecase? Under theholding of thecase, when is a person ―convicted‖ for purposes of removal of a public official from office?

Answer: thename of thecase is Campbell v. State, and thecitation is 781 S.W.2d 14.

A person is said to be ―convicted‖ for theobjective of removal from thepublic official position from office when he or she has been held liable for theplea of guilty or found guilty of a crime in a circuit court.

ASSIGNMENT 4 ANSWERS Q. What © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

is thecitati on of a

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1993 ALR annotation that discusses theadmissibility of polygraph test results in an action for malicious prosecution? What Am. Jur. 2d ―Evidence‖ research references are listed? What ―Malicious Prosecution‖ key numbers are referenced? What 1987 U.S. Sixth Circuit Court of Appeals case held that generally theuse of polygraph results to prove a party‘s innocence is prohibited?

Answer: thecitation is 10 A.L.R. 663 § 3[a]. theAm. Jur. 2d Evidence research references are 257, 296, 831, and 831.5. thekey number that is referenced for ―Malicious Prosecution‖ is Am. Jur. 2d (2000) 52 Section 8 p. 145.

Barnier Vs. Szentmiklosi is the1987 U.S. Sixth Circuit Court of Appeals case that state theuse of polygraph results to prove theinnocence of a party is banned.

ASSIGNMENT 5 ANSWERS Q. Locate a 1998 Alabama criminal case where thedefendant, Clark, appealed his criminal conviction claiming that there was not sufficient evidence to support theconviction and his probation was improperly revoked.

a. What is thecitation to thecase? b. What was thedefendant convicted of? c. Why was thecase remanded?

Answer:

a. thecitation for this case is Colbert v. State, 736 So.2 d682 (Ala. Crim. App. 1998). b. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

thedefen dant convicte

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d of an attempted control of therestricted substance. c. theconvicted was sentenced for imprisonment for six years but later thecase was remanded because as per the―Officer‘s report on Delinquent Probationer‖, it alleged theappellant of violating theconditions of his probation by committing a new felony – illegal possession of restricted substance.

ASSIGNMENT 6 ANSWERS Q. Using Westlaw: Access ―Key Numbers‖ from thetop of the―Welcome‖ page.

a. What is thetopic and key number that applies to thearrest and detention of juveniles charged with a crime? b. Give thecitation of a 1970 Oregon case that held that a reasonable search for weapons may be made when an officer takes temporary custody of a juvenile.

Answer:

a. thetopic name is Arresting Juveniles and thekey number is 118 that applies to thearrest and detention of juvenile charged with a crime. b. thecitation for theOregon case is State v. Brammeier, 464 P.2d 717 (1970).

ASSIGNMENT 7 ANSWERS Q. KeyCite or Shepardize this case: United States v. Martinez-Jimenez, 864 F.2d 664 (9th Cir. 1989).

What are thecitations of the1995 and 1993 cases listed under ―Positive History‖ that has a yellow flag?

Answer :

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

thecitati on

of

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the1995 case listed under ―Positive History‖ that has a yellow flag is United States v. Hamrick, 43 F.3d 877 (4th Cir. 1995). thecitation of the1993 case listed under ―Positive History‖ is United States v. Perry, 991 F.2d 304 (6th Cir. 1993).

ASSIGNMENT 8 ANSWERS Q. While walking her dog in a city park, Client‘s dog was attacked by another dog. Before thedogs could be separated, Client‘s dog was severely injured and died later that day. Client‘s dog was on a leash and theother dog was not leashed. Client was very close to her pet and wants to sue theowner of theother dog for emotional distress she suffered as a result of witnessing theattack and death of her pet. Your supervisory attorney remembers there was an Arizona case where, under similar facts, recovery was denied. Find thecase.

Answer: thename of thecase is Roman vs. Caroll. thecitation of thecase is 621 P.2d307(Arizona App., 1980). thedecision was taken on December 19, 1980.

ASSIGNMENT 9 ANSWERS Q. Regarding Assignment 8 above, there is a question in theClient‘s negligence case of whether there is an intervening force that may cut off Client‘s right to recover. What Restatement 2d sections define intervening force and superseding cause? How are theterms defined?

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Answer : Section 440

of

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Restatement 2d defines thesuperseding cause and section 441 defines theintervening force.

According to section 440, thesuperseding cause is theinvention of thethird party that prevents theactor from being liable to harm another. However, this harm has been brought about due to thesubstantial negligence of theactor.

According to section 441, theintervening force refers to theforce which actively operates to produce harm to another party after thecommitment of negligence on thepart of theactor.

ASSIGNMENT 10 ANSWERS Q. Client and her husband are residents of thestate of Georgia. She wants to sue for divorce claiming adultery. She does not want to file a no-fault divorce. Is adultery a ground for divorce in Georgia? If so, what is thestatute, and what does it provide? What law review article presents a survey of Georgia cases dealing with domestic relations?

Answer: Yes, adultery can be a ground for divorce in Georgia. Adultery is thefault-based ground in which one party is at fault for causing distress in themarriage. theGeorgia code, title 19, chapter 5 deals with thecode of Divorce. theGeorgia Court passed two laws related to domestic relations in 2010. thecitation of those laws is McGough, Berry B., and Hitt, Elinor (H) 2011 that deals with domestic relations. Article 8 of theMercer Law review deals with Domestic Relations.

ASSIGNMENT 11 ANSWERS Q. Answer Assignment 10 using your state law.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Answer : theconc

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ept of divorce is thesame in all thestates of America. Adultery can be one of thegrounds for divorce in America. thelaw that deals with thesame were passed by theSupreme Court and are McGough, Berry B., and Hitt. Article 8 of Mercer Law review deals with domestic relations. However, Adultery is still a crime in 16 states of America.

ASSIGNMENT 12 ANSWERS Q. Client‘s son was hitchhiking along a highway where hitchhiking was prohibited. Find an ALR annotation that addresses theconstruction and effect of anti-hitchhiking laws in an action for injury to a hitchhiker. What case mentioned in theannotation addresses an action by a hitchhiker to recover for injuries sustained when a driver went past him on an interstate, stopped, backed up along theshoulder to give him a ride, and hit him?

Answer: theALR annotation that addresses thegiven situation is 18 A.L.R. 1447, 68 A.L.R.2d 300: Antihitchhiking laws, their construction and effect in action for injury to hitchhiker. thename of thecase as defined in thegiven scenario is Bull coming vs. New Mexico. thedocket number is 09-10876, 564 U.S. (2011).

ASSIGNMENT 13 ANSWERS Q.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Shepard ize

or

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KeyCite thecase of Harris v. Cincinnati, 79 Ohio App. 3d 163, 607 N.E. 2d 15 (1992). How many citing decisions are listed? Are there any cases showing a negative history? How many law reviews and periodical references are listed?

Answer: There are 11 citing decisions that are listed. There is not any case showing any negative history. There have been no law reviews available on this case. However, 2 periodical references of theauthorities are listed for this case.

ASSIGNMENT 14 ANSWERS Q. Under federal law, what law governs murder? What is thepenalty for murder in thefirst degree? What 1968 case addressed theconstitutionality of this statute?

Answer: thelaw that governs murder is 18 U.S. Code § 1111. thepunishment for first degree murder is 30 years or not more than life imprisonment without any release provided that thecourt can impose life imprisonment for theexcess of 60 years as per § 22-2104.01 or § 24-403.01(b-2). Moreover, it should be noted that no person below theage of 18 years should be given life imprisonment without release. the1968 case that is listed under constitutionality of this statute is United States v. Jackson.

Solution and Answer Guide LEGAL RESEARCH, ANALYSIS, & WRITING 9780357619445; CHAPTER 9: LEGAL ANALYSIS—KEY FACTS

TABLE OF CONTENTS ASSIGN © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

MENT 1

ANSWE

RS ....................................

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ASSIGNMENT 2 ANSWERS .......................................................................................................................... 72 ASSIGNMENT 3 ANSWERS .......................................................................................................................... 73 ASSIGNMENT 4 ANSWERS .......................................................................................................................... 74 ASSIGNMENT 5 ANSWERS ....................................................................................................................... 75 ASSIGNMENT 6 ANSWERS ....................................................................................................................... 77 ASSIGNMENT 7 ANSWERS ....................................................................................................................... 78 ASSIGNMENT 8 ANSWERS ....................................................................................................................... 79 ASSIGNMENT 9 ANSWERS ....................................................................................................................... 80 ASSIGNMENT 10 ANSWERS ..................................................................................................................... 81

ASSIGNMENT 1 ANSWERS Q. Detail thesteps for determining thekey facts in a client‘s case.

Answer: thefour steps in determining thekey facts in a client's case are as follows:

Identify each cause of action: thefirst step in determining thekey facts in theclient's case is to determine thecause of action raised by thefacts. After conducting research based on theeducation and experience of theresearcher, theresearcher draws a preliminary conclusion.

Determine theelements of each cause of action: This step requires conducting research on thepart of theresearcher to determine what elements of thelaw have changed since thelast research or what are elements of thepossible cause of action.

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List all thefacts related

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to theelements: This includes gathering all thenecessary information related to theelements of thepossible cause of action. It also includes reviewing all thedocuments that contain any factual information.

Determine which facts apply: It is thelast step in determining thekey facts in theclient‘s case. Under this step, all theinformation or thefacts gathered in step 3 which is not relevant is eliminated. This task is accomplished by taking each element of each cause of action and identifying thefact that is essential to establish that element.

ASSIGNMENT 2 ANSWERS Q. Detail thesteps for determining thekey facts in a court opinion.

Answer: There are three steps for determining thekey facts in a court opinion.

Read theentire case: thefirst step in theidentification of key facts in case law is to read theentire case and identify thekey facts of thecase. While reading thecase, one general question should be in mind that is ―What was decided about which facts‖. ―What was decided‖ is helpful in keeping themind focused on thedecision reached and ―which facts‖ is helpful in keeping themind focused on key facts which are necessary for theresolution of legal disputes.

Look to theholding: Holding refers to thecourts‘ application of rule of law. This rule of law is applicable to thelegal question raised by thefacts of thecase. While looking at theholding of thecase, two general questions are answered and these are‖ What is thecourt‘s answer to thelegal question?‖ and ―how thecourt applied therule of law?‖ © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Identify thekey facts:

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This step involves listing all thefacts related to theholding of thecase and then determining therelevant key facts of thecase and eliminating theirrelevant facts.

ASSIGNMENT 3 ANSWERS Q. Identify thebackground facts in thefollowing cases: Flowers v. Campbell (presented in this chapter) Lucero v. Sutten (presented at theend of Chapter 10)

Answer: Flowers v. Campbell

Background facts:

-The plaintiff filed an assault against thedefendant for sustained in a skirmish with thedefendant Campbell.

-The defendant is an employee of Montgomery Ward and company.

-The plaintiff admits that before thefight he has involved in a verbal exchange with thedefendant.

-The plaintiff also admits that he had thrown thefirst punch.

Lucero v. Sutten

Background facts:

-Plaintiff Ronald Lucero filed a case against defendant Richard Sutten for professional malpractice.

-The district court applied thedoctrine of independent intervention cause.

-The plaintiff appealed that thedistrict court has erred in applying thedoctrine of independent intervention cause. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

-The district court

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decision was reversed.

ASSIGNMENT 4 ANSWERS Q. Using thehypothetical at thebeginning of thechapter, complete thechart below. thecause of action istrespass to land and theelements are (1) unauthorized intrusion onto land, (2) in possession of another, (3) intent to intrude, and (4) causation of intrusion.

Key facts: unauthorized intrusion onto land Key facts: in possession of another Key facts: intent to intrude Key facts: causation of intrusion Background facts Irrelevant facts

Answer: For thepurpose of determining thekey facts, all thefacts stated in thecourt should be listed and from them, thekey facts should be determined.

Unauthorized intrusion on land: theinterviewer is required to prove in court and determine thefacts that a neighbor of Mr. Aper has entered theproperty of Mr. Aper intentionally and which is unauthorized and illegal.

In possession of another: Under this fact, theinterviewer is required to investigate whether theproperty actually belongs to Mr. Aper or some other person. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Intentio n

to

intrude:

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Under this fact, theinterviewer is required to prove that theintention of theneighbor is to intrude on theproperty of Mr. Aper and gather thefacts relevant to this information.

Causation of intrusion: thecutting of thetrees on theproperty belonging to Mr. Aper by theneighbor Eric is thecause of intrusion that is key facts.

Background facts: It refers to theirrelevant information that does not have any impact on thejudgment of thecourt. In thegiven scenario, owing 1000 acres by Mr. Aper is background facts.

Irrelevant facts: Mr. Aper has been living on thefarm for thepast 20 years is irrelevant information that does not have any significant effect on thecourt's opinion.

ASSIGNMENT 5 ANSWERS Q. Using a similar charting system as in Assignment 4, identify thekey facts in each of thehypotheticals presented at thebeginning of Chapters 10, 11, and 12.

Answer: Chapter 10 Hypothetical case Key facts:

-Cari was planting flowers in thefront yard.

-Cari saw a car approaching theschool and it hit theseesaw.

-Two children got injured who were playing with theseesaw, one of them was Taylor. -Taylor was Cari‘s friend's son.

-Since theaccident, Cari has been suffering from a sleep disorder such as insomnia. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Backgr ound facts:

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-Briar was a local teenager who used to race in theneighborhood.

-Briar had received several speeding tickets.

Irrelevant facts:

-The primary role of ash is to conduct theinterviews and make a summary of theinterviews.

-Cari‘s home is across theelementary school‘s street.

Chapter 11 Hypothetical case Key facts:

-The issuance of thewarrant was made improperly by thestate court judge.

-During theexecution of thesearch warrant, thepieces of evidence were seized by thestate police.

-The warrant was defective.

-The state police were not able to present thecourt with sufficient probable cause to justify thesearch.

Background facts:

-The police officers were unknown of thefact that thewarrant was defective.

Irrelevant facts:

-Instruction was given to theparalegal to draft a memorandum within two days.

-The supreme court‘s rule was not statutory.

Chapter 12 Hypothetical case © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Key facts:

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-Taylor controls thebusiness completely.

-Taylor has refused to issue stock dividends even though thecorporation has a cash surplus.

-Taylor has been holding themajority of stock with a proportion of 52%.

-Logan and Parker are holding 24% of thestocks each.

Background facts:

-Dilbert Simms left his plumbing business to his three children after his death.

Irrelevant facts:

-The paralegal locates a case dealing with oppressive conduct.

ASSIGNMENT 6 ANSWERS Q. Using thefacts in theminor impact hypothetical in this chapter, identify thekey facts for each element of theoffense of sending, reading, or writing a text message while driving. theelements are (1) while operating a motor vehicle; (2) sending, reading, or writing a text message; (3) using an electronic wireless communication device.

Answer:

(1) No operator of a motor vehicle is allowed to use mobile phones while operating a motor vehicle unless driving is used in a hands-free mode. In most parts, theuse of cellphones is termed as distraction while driving © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

and

is

stated as a

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―primary‖ offence as per laws.

(2) An individual is prohibited from using an electronic device to send, read, or write a text message while driving. However, theuse of navigation system or GPS on mobile devices does not cover under this prohibition.

(3) Drivers having thelearner‘s license are not allowed to use any kind of wireless communication devices in thefirst six months of driving. They are prohibited from using any hand-held communication devices while driving on theroadway or highway.

ASSIGNMENT 7 ANSWERS Q. Facts

Sam was going out with friends to a comedy club and would be drinking. Sam did not have a designated driver, and arranged to get a ride through a rideshare service that does not require minimum insurance coverage for passengers, like many well-known services. In thestate Sam lives, it is illegal to operate a rideshare/passenger-for-hire service without a motor carrier license. Because therideshare service Sam is using believes it is a technology company and not a transportation company, it operates illegally by not having a motor carrier license. On theway to thecomedy club, thedriver was using a cell phone to arrange thenext passenger and ran a red light. thecar was hit in thepassenger side, and Sam suffered significant injuries. Sam‘s medical bills were higher than thedriver‘s liability insurance would cover. In addition, thedriver‘s insurance is refusing to pay because thedriver was using thecar in violation of state law.

Because thedriver‘s insurance will not cover his damages, Sam must bring a civil suit against thedriver.

Rule of Law © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Sam brings an

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action for negligence. theelements are duty, breach of duty, proximate cause, and damages.

Assignment: theresearcher‘s assignment is to determine if theactions of thedriver constitute negligence.

Discuss theassignment from theperspective of individual key facts.

Answer: thefollowing points need to be proved to determine thedriver‘s actions as negligent: -Duty: As Sam is using therideshare service, it was theduty of thecompany and its driver to take care of Sam. -Breach of Duty: Since thedriver, while driving, was using his cellphone to arrange thenext passenger, this caused distraction from theroad and as a result, thedriver run a red light and hit thepassenger side.

This is a breach of thestandard duty of thedriver.

-Proximate cause: thedriver was distracted which led to theaccident due to running a red light. This was theproximate cause.

-Damages: Sam has suffered significant injuries due to theaccident.

Since all theelements are present in thegiven scenario, thus, Sam will be successful in his lawsuit.

ASSIGNMENT 8 ANSWERS Q. Facts

Terry, a bill collector, has been attempting to collect a bill from Client. Every other evening for thepast two weeks, Terry has called Client at home after 8:30 p.m. and threatened to call Client‘s employer and inform them that Client refuses to pay their bills. On every Monday, Wednesday, and Friday during thetwo© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

week period, Terry

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has called Client at work. Client repeatedly requested that Terry stop calling them at work. On thepast two Saturdays, Terry has personally come by Client‘s home and threatened to sue and throw Client in jail.

Rule of Law

Infliction of emotional distress—extreme or outrageous conduct that causes severe emotional distress.

Assignment: theresearcher‘s assignment is to determine if theactions of thebill-collector constitute ―extreme or outrageous conduct.‖ Discuss theassignment from theperspective of individual key facts and from theperspective of a group of facts.

Answer: Yes, theactions of thebill collector constitute ―extreme or outrageous conduct‖ and caused emotional distress to theClient.

As per thescenario, Terry in an attempt to collect thebill from theclient, called theclient every alternate day for thepast 14 days after 8:30 P.M., and also, he called theclient at work in spite of theclient asking him not to do so. Moreover, Terry visited theclient‘s home and threatened to sue and throw him in jail.

All these elements constitute emotional distress and can be termed as–extreme or outrageous conduct.

ASSIGNMENT 9 ANSWERS Q. Facts

Bikesmith, a local cycling shop, advertised a model year closeout sale. theadvertisement indicated the―early shopper‖ would ―reap thesavings‖ on all of last year‘s Linder bikes. theadvertisement stated that bikes that were normally $1,800 would be sold for $800. Jacque, an avid cyclist and amateur racer, arrived © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

at Bikesmi th

an

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hour after they opened on theday of thesale to find all of theLinder bikes had been sold. Jacque complained to thebike shop owner that it was obligated to sell a similar bike at a similar discount. theowner declined, and Jacque filed an action in small claims court for breach of contract.

Rule of Law

A valid contract requires an offer, acceptance, and consideration. In thestate where Jacque lives, an advertisement is only an invitation to enter into negotiations and is not an offer.

Assignment: theresearcher‘s assignment is to determine if theBikesmith advertisement constitutes a contract. Discuss theassignment from theperspective of individual key facts.

Answer: No, theadvertisement by theBikesmith does not constitute a contract. It is merely a negotiation of a shop owner with its potential customers.

As per theContract Law, a valid contract must consist of an offer, acceptance, and consideration. In thegiven scenario, an advertisement is treated as a negotiation to invite customers to make a deal, it is not an offer.

ASSIGNMENT 10 ANSWERS Q. Facts

A 14-year-old was at a party. At 12:30 a.m., theyouth was sitting on thesteps to theapartment where theparty was occurring when two police cars arrive. theyouth yelled to theparty-goers, ―police.‖ theyouth remaine © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

d sitting outside as

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thepolice approached. An officer took theyouth to a police car and sat them in theback seat. theoffer asked theyouth for their name, date of birth, address, and parents‘ names and phone number. theofficer cited theyouth for thecurfew violation.

Rule of Law

A person subject to a custodial interrogation must be given Miranda rights before thequestioning begins.

Custody is defined as a reasonable person‘s liberty is retrained to theextent do they believe they are not free to leave. Interrogation is defined as being asked any questions that would likely lead to an answer that would incriminate oneself. thecurfew law states a person under theage of 15 who is outside their residence past 11:00 p.m. without thepresence of a parent, guardian, or supervising adult is a delinquent youth.

Assignment: theresearcher‘s assignment is to determine if theofficer should have read theyouth theMiranda warning before questioning them.

Answer: Yes, theofficer should have read theMiranda warning to theyouth before proceeding for theinterrogation. When any criminal suspect is taken into thecustody by thepolice officer, it is mandatory to give them a customary notification regarding their right to remain silent before proceeding with theinterrogation.

Solution and Answer Guide PUTMAN/ALBRIGHT, LEGAL RESEARCH, ANALYSIS, & WRITING, 5E, 9780357619445; CHAPTER 10: LEGAL ANALYSIS: ISSUE IDENTIFICATION—SPOTTING THEISSUE

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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TABLE OF CONTENTS ASSIGNMENT 1 ANSWERS .......................................................................................................................... 83 ASSIGNMENT 2 ANSWERS .......................................................................................................................... 84 ASSIGNMENT 3 ANSWERS .......................................................................................................................... 85 ASSIGNMENT 4 ANSWERS .......................................................................................................................... 86 ASSIGNMENT 5 ANSWERS ....................................................................................................................... 86 ASSIGNMENT 6 ANSWERS ....................................................................................................................... 88 ASSIGNMENT 7 ANSWERS ....................................................................................................................... 89 ASSIGNMENT 8 ANSWERS ....................................................................................................................... 90 ASSIGNMENT 9 ANSWERS ....................................................................................................................... 91 ASSIGNMENT 10 ANSWERS ..................................................................................................................... 91

ASSIGNMENT 1 ANSWERS Q. Detail thesteps for identifying theissue(s) in a client‘s case.

Answer: There are four steps involved in theidentification of issues in a client‘s case which is as follows: 1. Identify each type of cause of action: thefirst step in identifying issues in a client‘s case involves theidentification of possible causes of action and law areas raised by thefact situation. It also includes theidentification of possible issues and general areas of laws related to theissue.

2. Determine theelements of each cause of action: This step requires thedetermination of elements of each cause of action as identified in theprevious step. It requires researching theareas of law to determine theelements necessary to establish a cause of action. In order to determine whether thelaw © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

provides relief to theclient ,

it

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becomes vital to determine what thelaw requires to be established to obtain therelief. It can be done by researching theprimary authority such as case law.

3. Determine thekey facts: thekey fact of theissue is identified by matching thefacts with therequired elements. If there are no facts satisfying theelements, there is probably no issue or cause of action.

4. Assemble theissue: This step involves gathering and assembling theelements of theissue from thelaw and key facts as identified in theabove steps. Putting them all together helps in theidentification of theissue.

ASSIGNMENT 2 ANSWERS Q. Detail thesteps for identifying theissue(s) in a court opinion.

Answer: There are three steps involved in theidentification of issues in court opinion which is as follows: 1. General question: thefirst step in theidentification of an issue in court opinion is to summarize theentire case and identify thekey issues of thecase. While reading theopinion, one general question should be in mind that is ―What was decided about which facts?‖. ―What was decided‖ is helpful in keeping themind focused on looking for thelegal issue that was resolved and ―which facts‖ is helpful in keeping themind focused on searching for thefacts necessary for theresolution of thelegal questions.

2. Look to theholding: While looking at theholding of thecase, three general questions are answered and © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

these are ―what issues

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were addressed by theholding?‖, ―what rule of law did thecourt apply to reach theholding?‖ and ―which acts would change theoutcomes of theholding?‖ Answering these questions is helpful in determining theelements of theissue, and key facts of theissue.

3. Assemble theissue: In thelast step, all theelements of therelevant law and thekey facts are gathered, and theissue is determined.

ASSIGNMENT 3 ANSWERS Q. Statutes

Criminal Code Section 18-760, Robbery. A person who knowingly takes anything of value from theperson or presence of another by use of force, threats, or intimidation commits robbery. Criminal Code Section 18-773, Larceny. Any person who wrongfully takes, obtains, or withholds, by any means, from thepossession of theowner or of any other person any money, personal property, or article of value of any kind, with intent permanently to deprive another person of theuse and benefit of property is guilty of larceny.

Facts

Over theyears, Lai borrowed several tools from a next door neighbor. Usually, Lai returned theitems, but sometimes forgets. One of thetools Lai did not return is a drill. theneighbor goes to Lai‘s house and tells Lai that if thedrill isn‘t returned, theneighbor will file criminal charges. Lai says, ―I‘m keeping your drill and if you try to come get it or file charges, I‘ll beat you up!‖

Question © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Identify theissue (s)

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involving criminal law raised by this fact situation.

Answer: thecriminal issue raised by thefact situation is whether Lai has been involved in larceny or robbery. According to thegiven scenario, Lai has been involved in thelarceny and not robbery, because he has not taken thedrill from his neighbor by use of threat or force. Rather he has been threatening theneighbor that he will beat him up if theneighbor files criminal charges against him. Thus, according to

criminal code section 18-773, Lai is guilty of larceny. Beating and larceny is themain issue raised by thefact situation. theperson who intends to use force against any other person with theintention to avoid opposition to taking up theproperty or to force theperson to surrender theproperty is guilty of larceny.

ASSIGNMENT 4 ANSWERS Q. Perform Assignment 3 using your state‘s larceny and robbery statutes.

Answer: thestatutes of larceny and robbery are thesame in every state of America. Thus, according to criminal code section 18-773, Lai is guilty of larceny and not robbery. Beating and larceny is themain issue raised by thegiven fact situation.

ASSIGNMENT 5 ANSWERS Q. Statute

Arizona Code of Judicial Administration section 3-303, Use of Fee Guidelines, provides in part: Unless otherwis © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

e ordered by

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thecourt, compensation and reimbursement for professional services shall meet thefollowing requirements…. Reasonable costs that are incurred in thebest interest of theEstate are reimbursable at actual cost, without increase in price. Reimbursable costs include, but are not limited to… electronic database fees charged by an outside vendor (e.g., Westlaw, Lexis) except for charges to research Arizona (or other applicable) statutes, caselaw, and regulations.

Facts Lee is an attorney that occasionally is hired to assist in probate matters. Lee‘s predominant area of practice is civil litigation. In civil litigation practice Lee charges clients, as detailed in thefee agreement, for charges incurred from searching commercial databases such as Westlaw. Lee uses thesame fee agreement and has thesame practice of charging fees for researching Arizona probate statutes and case law in probate matters. In some of theprobate matters, Lee is hired by an individual and paid by that individual, usually an heir to an estate. However, in some matters, Lee does work on behalf of an estate, having been hired by an executor of an estate, in which case theestate is who is charged for Lee‘s work.

Question

Identify theissue(s) raised by this fact situation.

Answer: themain issue raised in thegiven scenario is related to thecharging of thesame fees by theLee from every client without calculating theactual cost incurred. It is a violation of theArizona code of judicial administration. Section 3 of theArizona constitution describes thereimbursement of fees should be based on theactual cost incurred by theprofessional to perform theservice. In thegiven scenario, Lee has not determined theactual cost of services and is charging thesame amount from his all client which is themain issue raised by thefact situation.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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ASSIGNMENT 6 ANSWERS Q. Identify theissue in thefollowing two fact situations.

Part A.

Bex loaned Allen $5,000. theagreement was oral. Allen commutes to a nearby city to work. Bex needs to go to thecity three times in May. Allen offered to give Bex three free rides to thecity to help repay theloan. On one of thetrips, Allen was not paying attention, lost control of thecar, and wrecked it. Bex suffered severe injuries and wants to sue Allen to recover damages. thestate automobile guest statute bars suits against drivers by automobile guests. thestatute does not apply if thepassenger confers a substantial benefit on thedriver and that is thereason thedriver provided theride.

Part B. Tom and Alex are next-door neighbors. While arguing with Tom, Alex breaks Tom‘s lawn chair, and as Alex begins to break more lawn furniture, Tom makes a citizen‘s arrest of Alex. Tom‘s sons help Tom and, after Alex is subdued, they continue to hit and kick Alex for a few moments. Alex wants to sue Tom. The state‘s case law defines battery as unauthorized harmful contact; it also allows a citizen‘s arrest when thepurpose is to prevent thedestruction of property.

Answer: Part A

The main issue in thegiven scenario is related to thesubstantial benefit to thepassenger that they conferred on © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

thedrive r. Due to this,

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Bex cannot sue Allen. First of all, theagreement that was made between Bex and Allen was oral. There is no written proof that Allen has been loaned by theBex for theamount of $5000. And furthermore, Bex is not providing any substantial benefits to Allen for theride. Thus, thestate automobile guest statute does not allow Bex to sue Allen to recover damages.

Part B:

The issue in thegiven scenario is related to harmful contact. In thegiven scenario, Alex cannot sue tom because he is guilty of battery. He has made harmful contact with theproperty of tom and has broken down tom‘s lawn chair. To protect his property from aggression of Alex, tom has made a citizen arrest of Alex, which is legal in thegiven scenario. Thus, Alex cannot sue tom.

ASSIGNMENT 7 ANSWERS Q. Elements of Cause of Action: False Imprisonment requires thefollowing elements: (a) thedetention or restraint of one against their will and (b) thedetention or restraint is unlawful.

Statute The state criminal code contains theoffense of unlawful imprisonment, which states: ―A person commits unlawful imprisonment by knowingly restraining another person.‖

Facts

Refer to thefalse imprisonment hypothetical. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Questio n

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Identify theissue(s) involving both thecivil cause of action and thecriminal statute raised by thefalse imprisonment hypothetical.

Answer: False imprisonment is theact of restraining thefreedom of an individual in an unjustified way without his consent. theissue raised by thefalse imprisonment involving thecivil cause of action is related to theunwillingness of theplaintiff which is required to be proved in court. Also, theperson restraining thefreedom of theother person does not have theauthority to do so. theissue raised by false imprisonment involving criminal statutes is that it is an illegal act. It is a punishable act under tort law. It is also known as an intentional tort.

ASSIGNMENT 8 ANSWERS Q. Read thefollowing case of Metropolitan Life Insurance Company v. Syntek Finance Corporation. theprocedural issue is whether thetrial court properly denied Syntek‘s motion for disqualification of counsel. What issue concerning thesubstantive disqualification of counsel is raised by thefacts of thecase?

Answer: In thegiven case, a motion was filed by theSyntek finance corporation to dismiss thecounsel.

This motion was denied by thecourt after a prolonged hearing. After a jury trial, a judgment was rendered in favor of Metropolitan life insurance company for theamount of $6.7 million.

The court of appeals overturned thejudgment. thecase was remanded for a new trial. It was held by thecourt of appeals that thetrial court has abused its powers while denying Syntek‘s motion to disqualify thecounsel. Therefore, according to 880 S.W.2d26, thejudgment of thecourt of appeals was overturned. thecase was remanded to thecourt for consideration of a matter that was not addressed before.

Gene Phillips owns a controlling interest in theSyntek company. In 1986, a law firm represented Phillips © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

in divorce and prepared

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a prenuptial agreement afterward. Gene Phillips revealed his financial position to thecompany during that session. thelawsuit was filed by Syntek in April 1989. Nelson represented theMetropolitan company.

After making an initial conflict check, Nelson determined that there was no conflict of interest due to thefirm‘s previous representation of Phillips.

It was held by thecourt that an attorney cannot make any kind of representation that may have an adverse effect on theolder client. Thus, thejudgment of thecourt of appeals was reversed.

ASSIGNMENT 9 ANSWERS Q. Read thefollowing case of Morgan v. Greenwaldt. theprocedural issue is whether thetrial court properly granted a directed verdict on thefalse imprisonment claim. What issue regarding thesubstantive false imprisonment is raised by thefacts of thecase?

Answer: theissue regarding substantive false imprisonment that is raised is that thetrial court has properly granted a directive verdict on thefalse imprisonment claim. theplaintiff Morgan does not have proper evidence to prove that she was assaulted by thehospital nurses and staff. Moreover, she was suffering from a sleep disorder and personality disorder which was thereason for her acting in an aggressive manner. She has given her own consent to thehospital, authorizing them to treat her for illness. thecourt also held that thefalse imprisonment case filed by Morgan lacked merit and has no base.

ASSIGNMENT 10 ANSWERS Q. Read Whitmore v. Union Pacific Railroad Company, in Appendix A. Identify theissue regarding thegrant of summary judgment.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Answer :

A

summar

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y judgment refers to thejudgment given by thecourt in favor of one party against theother party. This judgment is given without conducting a full trial procedure. In thegiven case, thecourt has given its judgment in favor of Union Pacific Company. thecourt did not consider theclaims made by Whitmore.

The issue as given in thecase is related to theunauthorized use of land by theUnion Pacific Railroad Company. theland was taken on lease by theWhitmore from theowner of theland for a period of 19601973. theowner of theland has also entered an easement agreement with theUnion Pacific Railroad Company for thebuilding of railway tracks on some parts of theland. According to theterms of thecontract, therailway should be built within two years otherwise thecontract will expire. However, thetrack was not built until 1975. Whitmore filed a case against theUnion Pacific company in 2012 alleging that thecompany‘s use of track has damaged their land. thecompany moved for thesummary judgment for Whitmore's claim related to thebreach of contract which was granted by thetrial court.

Solution and Answer Guide PUTMAN/ALBRIGHT, LEGAL RESEARCH, ANALYSIS, & WRITING, 5E, 9780357619445; CHAPTER 11: LEGAL ANALYSIS: STATING THEISSUE

TABLE OF CONTENTS ASSIGNMENT 1 ANSWERS .......................................................................................................................... 93 ASSIGNMENT 2 ANSWERS .......................................................................................................................... 93 ASSIGNMENT 3 ANSWERS .......................................................................................................................... 95 ASSIGNMENT 4 ANSWERS .......................................................................................................................... 97 ASSIGNMENT 5 ANSWERS ....................................................................................................................... 99 © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

ASSIGN MENT 6

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ANSWERS ............................................................................................................................................... 100 ASSIGNMENT 7 ANSWERS ..................................................................................................................... 102 ASSIGNMENT 8 ANSWERS ..................................................................................................................... 104 ASSIGNMENT 9 ANSWERS ..................................................................................................................... 106 ASSIGNMENT 10 ANSWERS ................................................................................................................... 107

ASSIGNMENT 1 ANSWERS Q. Distinguish between a broad and narrow formulation of an issue. Describe theelements of a narrow statement of an issue. Why is it important to phrase an issue narrowly when engaged in legal writing?

Answer: A broad formulation of an issue is concerned with thegeneral area of thelaw of question.

Whereas thenarrow formulation of an issue indicates relevant and specific facts related to theparticular issue in question. A narrow statement is generally provided in cases where thereaders are much more familiar with thecase.

The elements of a narrow statement of an issue are relevant law and specific facts related to theissue.

It is quite significant to phrase an issue narrowly when engaged in legal writing because a narrow statement takes into consideration all therelevant facts and figures and laws related to thelaw in question and covers all thenecessary information that is required to resolve thedisputes.

ASSIGNMENT 2 ANSWERS Q. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

thestatut e is Cal. Corp.

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Code § 1800. thetitle of thestatute is, ―Verified complaint; plaintiff; grounds; intervention by shareholder or creditor; exempt corporations.‖ thestatute applies in dissolution cases and includes thegrounds for dissolving a corporation. thedispute involving this corporation statute is whether there are grounds for dissolution of thecorporation.

Part A Draft thelaw component of theissue, including therelevant portion of thetitle.

Part B Draft thelaw component of theissue and include therelevant portion of thetitle and thecitation.

Part C Draft thelaw component of theissue using a description that focuses on an element of thestatute. theelement in question is therequirement of shareholder deadlock. Assume thestatute provides that a court may dissolve a corporation in theevent of a dispute among theshareholders only if there is shareholder deadlock.

Part D To theanswer in Part C, add thestatutory citation.

Answer: Part A The law component of theissue is based on theenacted law which can include thetitle, description, a particular constitutional clause, and can be presented in a variety of ways. therelevant portion of thetitle can be ―Under theinvoluntary dissolution statute‖.

Part B The law component of theissue is based on theenacted law which can include thetitle, descriptions, a © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

constitut ional clause, a quote,

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and can be presented in a variety of ways. therelevant portal of thetitle and thecitation can be ―Cal. Corp.

Code § 1800, Involuntary dissolution statue‖.

Part C The law component of theissue using a description focuses on providing an overview thevarious applicable acts which may also include thepart of thetitle. thedescription of theissue can be: In case of involuntary dissolution statue, in theevent of theconflict between theshareholders, thecourt can dissolve theenterprise provided there is a shareholder deadlock.

Part D The statutory citation is Cal. Corp. Code § 1800.

ASSIGNMENT 3 ANSWERS Q. thestatute is Georgia Code Ann. § 11-2-314. thetitle of thestatute is ―Implied warranty: merchantability; usage of trade.‖ thequestion is whether there is an implied warranty of merchantability.

In thefollowing problems, draft a comprehensive or narrow statement of theissue in therelevant law + legal question + key facts format; for thelaw component, use theGeorgia statute. When drafting thelaw component, include thecitation and a relevant portion of thetitle.

Part A Alice purchases a new toaster from a booth at theflea market. themarket is open year-round, and thesame products are always sold at thebooth.

Part B © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Alice purchas es a new

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toaster at a garage sale.

Part C Alice becomes ill from a soft drink purchased at a local fast-food restaurant.

Part D Alice, while shopping at theflea market, purchases a soft drink from a vendor at themarket. She becomes sick from thedrink.

Answer: Part A In accordance with theprovisions of Georgia Code Ann. § 11-2-314, Implied Warranty of Merchantability, is there an implied warranty of merchantability for a new toaster purchased at a flea market that sells thesame product all year round?

Part B In accordance with theprovisions of Georgia Code Ann. § 11-2-314, Implied Warranty of Merchantability, do flea market toasters come with an implied merchantability warranty?

The question is whether theimplied warranty of merchantability applies to products sold on theflea market.

Part C In accordance with theprovisions of Georgia Code Ann. § 11-2-314, Implied Warranty of Merchantability, is a soft drink vendor responsible for causing a customer to become ill?

Part D In accordance with theprovisions of Georgia Code Ann. § 11-2-314, Implied Warranty of Merchantability, is thesoft drink seller at theflea market covered by theimplied merchantability warranty © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

because theprod uct made

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Alice sick?

ASSIGNMENT 4 ANSWERS Q. Perform Assignment 3 using a description of thetitle when drafting thelaw component, rather than a relevant portion of thetitle.

Answer: Part A

Relevant Law: As per Georgia Code Ann. § 11-2-314, a warranty is applied that signifies that thegoods are merchantable in a sales contract if theseller is themerchant of thegoods in question.

Description: An implied warranty of merchantability is regarded as theunspoken and unwritten warranty availed by thebuyer. It states that thegoods in question will have thesame quality, value, and conform to thesame standards as thegoods that are sold under similar circumstances.

Legal Question: Does theimplied warranty of merchantability is applicable in this case?

Key Facts: Individual A purchases a new toaster from theflea market which remains open for an entire year and that booth in themarket sells thesame products.

Part B

Relevant Law: As per Georgia Code Ann. § 11-2-314, a warranty is applied that signifies that thegoods are merchantable in a sales contract if theseller is themerchant of thegoods in question.

Descript © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

ion: An implied warrant

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y of merchantability is regarded as theunspoken and unwritten warranty availed by thebuyer. It states that thegoods in question will have thesame quality, value, and conform to thesame standards as thegoods that are sold under similar circumstances.

Legal Question: Does theimplied warranty of merchantability is applicable in this case?

Key Facts: Individual A purchases thenew toaster through a garage sale.

Part C

Relevant Law: As per Georgia Code Ann. § 11-2-314, a warranty is applied that signifies that thegoods are merchantable in a sales contract if theseller is themerchant of thegoods in question.

Description: An implied warranty of merchantability is regarded as theunspoken and unwritten warranty availed by thebuyer. It states that thegoods in question will have thesame quality, value, and conform to thesame standards as thegoods that are sold under similar circumstances.

Legal Question: Does theimplied warranty of merchantability is applicable in this case?

Key Facts: Individual A bought a soft drink from a fast-food restaurant and after consuming that drink, she fell.

Part D

Relevant Law: As per Georgia Code Ann. § 11-2-314, a warranty is applied that signifies that thegoods are merchantable in a sales contract if theseller is themerchant of thegoods in question.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Descript ion: An implied

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warranty of merchantability is regarded as theunspoken and unwritten warranty availed by thebuyer. It states that thegoods in question will have thesame quality, value, and conform to thesame standards as thegoods that are sold under similar circumstances.

Legal Question: Does theimplied warranty of merchantability is applicable in this case?

Key Facts: Individual A bought a soft drink from one of theflea market vendors and after consuming that drink, she fell.

ASSIGNMENT 5 ANSWERS Q. Perform Assignment 3 using your state commercial code statute governing thewarranty of merchantability and thesale of goods.

Answer: theprovisions of warranty of merchantability and sale of goods are thesame in all thestates of America.

Part A According to theprovision of warranty of merchantability, thequestion raised here is whether there has been any implied warranty of a new toaster that has been purchased at a flea market that sells thesame product throughout theyear.

Part B According to theprovision of warranty of merchantability and sale of goods thequestion that is raised is whether theprovisions of implied warranty apply to thegoods sold on a flea market. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Part C Accordi ng

to

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theprovisions of warranty of merchantability and sales of goods, thequestion raised in thegiven scenario is whether a soft drink is responsible for making a customer ill or not.

Part D According to theprovision of warranty of merchantability and sales of goods thequestion that has been raised in thegiven scenario is whether thesoft drink vendor whose product has made Alice sick is covered under theimplied Merchantability warranty.

ASSIGNMENT 6 ANSWERS Q. In thefollowing parts: a. Draft a shorthand or broad statement of theissue.

Draft a comprehensive or narrow statement of theissue in therelevant law + legal question + key facts format. For thelaw component in Parts A through C, use either therelevant section of your state‘s probate code or New Wash. Prob. Code § 60, Exception Pertaining to Holographic Wills. Assume this statute applies to all thefact situations presented in Parts A through C. For each part, draft theissue twice. One draft should contain thetitle or a description of thetitle. One draft should contain thetitle or description and thecitation.

Part A Key Facts: A will is handwritten. One half is in thetestator‘s handwriting, and theother half is in thehandwriting of a witness. thewill is properly witnessed.

Question Is thewill valid? © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Part B Key Facts:

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A will is handwritten. One half is in thetestator‘s handwriting, and theother half is in thehandwriting of a witness. It is witnessed by three witnesses, two of whom will inherit under thewill.

Question Is thewill valid?

Part C Key Facts: A will is handwritten. One half is in thetestator‘s handwriting, and theother half is in thehandwriting of a witness. A witness, at thedirection of thetestator, signed thetestator‘s name. thewill was properly witnessed.

Question Is thewill valid?

Answer: thenarrow statement of theissue is as follows: Whether thehandwritten will be accepted as a legal will or not?

The broad statement of theissue containing thelegal question, key facts, and relevant law is as follows:

Relevant law: therelevant law as given in thescenario is New Wash. Prob. Code § 60.

Legal question: whether thewill is valid or not?

Key facts: Key facts of theissue change according to a changed scenario from A to C. Usually, therelevant facts that present thelegal question is how thelaw governing thedisputes applies.

The other legal fact that presents thelegal question is what made a handwritten will to be legally recognized. Generally, thetyped will is considered to be as valid if it contains thefollowing characteristics. 

It is in writing

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.



I t

contains thetestat

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or's signature. 

It contains thesign of at least two witnesses. These witnesses must have seen thetestator signing thewill. Moreover, if theessential part of thewill is in thehandwriting of thetestator, it will be considered a valid will in thestates that accept theholographic will.

The New Wash. Prob. Code § 60 statute applies to all thesituations described in part A to part C. Thus, all are valid wills. thetitle, description, and citation of these parts are as follows: The title and citation: thetitle and citation are ―According to New Wash. Prob. Code § 60, thehandwritten or holographic will is….‖

Description of theissue: This includes that under theholographic will statute, thetestator must have testamentary capacity and testamentary purpose. Testamentary capacity includes themental ability to sign thewill and testamentary purpose includes theknowledge that thedocument they are signing is a will.

ASSIGNMENT 7 ANSWERS Q. In thefollowing parts: • Draft a shorthand or broad statement of theissue.

• Draft a comprehensive or narrow statement of theissue in therelevant law + legal question + key facts format.

Part A Key Facts: An individual on a radio talk show states that all thetown‘s psychiatrists are frauds.

Question: Is thestatement ―concerning‖ theplaintiff (a local psychiatrist)? © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Law: Assume thelaw

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of slander in your jurisdiction is case law (court made) and one of theelements is that thestatement must concern theplaintiff.

Part B Key Facts: Use thesame facts as in thepreceding problem, with theadditional fact that theplaintiff is theonly psychiatrist in thetown.

Question Same as in Part A.

Law: Same as in Part A.

Answer: Part A: The shorthand or broad statement of theissue can be made as follows: Can a local psychiatrist claim for thedamages of slander made on a radio talk show?

The narrow statement of theissue can be made as follows: Is it possible under tort law for a psychiatrist to sue theperson who has caused damages to thereputation of thepsychiatrist on theradio talk show?

Relevant law: thedefamation law in theU.S. may differ from state to state. However, if any person uses slander to damage thereputation of another person is sentenced to imprisonment for not more than one year with a fine of $1000.

Legal question: thelegal question raised in thegiven scenario is as follows: Can a statement that has been made generally amount to slander and comes under theclaims of defamation? thestatement was made by theindividual on a radio talk show. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Key facts:

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theanchor of theraid talk show has said in theshow that all thepsychiatrists are frauds and there have been only psychiatrists in thetown. This clearly shows that a statement has been made against him. thetort law provides theright to thepsychiatrist to claim for his defamation charges.

Part B The shorthand or broad statement in thegiven issue is as follows: Does it possible for a local psychiatrist to sue theanchor of a radio talk show for defamation charges?

Does it possible for a local psychiatrist to sue theanchor for a generalized statement made on theradio talk show?

A narrow or comprehensive statement of thegiven issue can be made as follows; Can thedefamatory statement made by theanchor of a radio talk show against thepsychiatrists be considered a generalized statement when thepsychiatrist is theonly one in thecity?

Relevant law: thedefamation law in theU.S. may differ from state to state. However, if any person uses slander to damage thereputation of another person is sentenced to imprisonment for not more than one year with a fine of $1000.

Legal question: Does it possible under tort law to sue for a remark that has amounted to defamation for a specific individual in theform of slander? theremark was made by theanchor of theradio talk show that all psychiatrists are frauds.

Key facts: thepsychiatrist has theability to sue under tort law. theanchor of a radio talk show has made a comment on thepsychiatrist that all thepsychiatrists are frauds and there is only one psychiatrist in thetown. It clearly shows that thecomment has been directed toward that particular psychiatrist.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

ASSI GNM

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ENT 8 ANSWERS Q. For thefollowing parts, identify the(a) relevant law, (b) question, and (c) key facts.

Part A Can a bystander who witnesses thedeath of a victim from three blocks away recover for negligent infliction of emotional distress under Ohio law?

Part B Does oppressive conduct occur, according to theprovisions of theTexas Corporation Code, when a majority shareholder refuses to issue dividends, triples their salary, and grants themselves excessive bonuses?

Part C Whether a newspaper that publishes an article indicating that Smith has criminal connections has committed libel according to Florida tort law.

Part D Do law enforcement officers commit a battery when, while making a lawful arrest, they encounter resistance, use force to overcome that resistance, and continue to use force after theresistance ceases?

Answer: Part A Yes, as per thestatute of thestate of Ohio, a person who witnesses thedeath of a victim may recover for negligent infliction of emotional distress under this law. This law is known as the―impact rule‖. First of all, thecourt examines whether theplaintiff had a physical injury or not to recover for thedamages.

Usually, © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

thecourt relied on theimpa

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ct rule to discourage false claims.

Part B: Yes, oppressive conduct has been taking place in thecorporation according to theprovisions of theTexas corporation code. thecorporate entities are making unauthorized use of their powers. theTexas business corporation act governs this issue.

Part C: Yes, thenewspaper publisher has committed libel. Libel refers to a written statement that can damage thethird party‘s reputation. thenewspaper publisher has published an article that has an adverse effect on smith‘s reputation. Thus, he has committed libel.

Part D: No, thelaw enforcement officers have not committed any battery while making any lawful arrest. Battery seems to be committed when thepolice have been using force while making unlawful arrests. But, in thegiven scenario, thepolice have been making a lawful arrest and are using force to face theresistance posed by thepeople illegally.

ASSIGNMENT 9 ANSWERS Q. Using thecontent in Assignment 8, redraft theissues in thefollowing format: relevant law + question + key facts.

Answer: Part A Relevant law: thelaw that governs this issue is Ohio Practice, Ohio tort law § 24:2.

Legal © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

question : thelegal

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question that has been raised in thegiven scenario is whether a bystander who witnesses thedeath of a victim can recover damages for emotional distress or not.

Key facts: thekey facts of thecase include therelevant information related to theissue. thebystander witnessed a death of a person who was three blocks away from him. thedeath gave him emotional distress.

Part B Relevant law: thelaw that governs this issue is Texas Practice series TM, business organization § 30:32.

Legal question: thelegal question that has been raised in thegiven scenario is whether theoppressive conduct has occurred due to theaction of majority shareholders.

Key facts: thekey facts as given in thecase are related to theconduct of themajority shareholders. This includes thedenying to give dividends and thetripling of salaries by themajority shareholders.

Part C Relevant law: thelaw that governs this issue is West‘s F.S.A.§770.01, Florida tort law.

Legal question: thelegal question that has been raised by theissue is whether thenewspaper publisher has committed libel.

Key facts: thenewspaper publisher has published an article in thenewspaper. This article has adversely affected thereputation of Tom Smith.

Part D Relevant law: thelaw that governs this issue is Penal Law§ 205.30.

Legal question: thelegal question that has been raised by this issue is whether law enforcement officers have committed battery.

Key facts: thelaw enforcement officers were making arrests lawfully. While making arrests, they face resistance, thus, they use force to face theresistance.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

ASSI GNM

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ENT 10 ANSWERS Q. Part A The issue is: ―Under Arizona statute § 13-1302, is a pocketknife clearly not designed for lethal use a deadly weapon?‖ Is theissue stated objectively? If not, explain why?

Part B The issue is: ―Will thecourt extend time for service?‖ Is theissue stated completely? If not, explain why.

Part C The issue is: ―Whether Lin Petersen, owner of Petersen Pilates, Inc. fitness center (―PPI‖) and developer of a unique personalized Pilates training method, has a claim against Alex Dimitri, a former PPI employee, for misappropriation of a trade secret resulting from theformer employee‘s unauthorized use of a similar Pilates training method at another fitness center.‖

Rewrite theissue to be more concise and to exclude information not relevant and necessary.

Answer: Part A The issue given in theabove scenario lacks objectivity. An issue is said to be in theobjective presentation, only when it has been written in a manner that clearly shows thekey facts of thecase. In theobjective presentation, theissue does not show any possible outcome. But theissue given in thescenario shows that thepocketknife has not been designed for lethal use which is thepossible outcome of theissue. it can be written as follows to state theobjectivity. ―Under theprovision of Arizona statute, does a pocketknife a deadly weapon?‖

Part B © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

The issue given in

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this scenario lacks comprehensiveness. It has not been stated completely. It excluded certain vital information such as thecircumstances of thecase, terms of thecase, theapplicable law, and thedisputed question.

Part C The issue can be rewritten as follows: ―Whether Lin Peterson has a valid claim against Alex Dimitri for misappropriation of trade secrets that have resulted from Dimitri‘s use of a training method developed by Peterson‖.

Solution and Answer Guide LEGAL RESEARCH, ANALYSIS, & WRITING 9780357619445; CHAPTER 12: CASE LAW ANALYSIS—IS A CASE ON POINT?

TABLE OF CONTENTS ASSIGNMENT 1 ANSWERS ........................................................................................................................ 109 ASSIGNMENT 2 ANSWERS ........................................................................................................................ 110 ASSIGNMENT 3 ANSWERS ........................................................................................................................ 111 ASSIGNMENT 4 ANSWERS ........................................................................................................................ 112 ASSIGNMENT 5 ANSWERS ..................................................................................................................... 112 ASSIGNMENT 6 ANSWERS ..................................................................................................................... 115 ASSIGNMENT 7 ANSWERS ..................................................................................................................... 118

ASSI © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

GNM ENT

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1 ANSWERS Q. What does it mean when a case is on point? When is a case on point?

Answer: A case is on point if there is a similarity between thekey facts and therule of thelaw of thecourt opinion. Under it, theclient's case is sufficient for thecourt opinion to provide guidance to later court to decide theoutcomes of theclient‘s case.

The case is on point only when it is precedent. A precedent refers to theearlier court decision on theissue that is helpful in thedetermination of similar issues in another case based on identical key facts.

ASSIGNMENT 2 ANSWERS Q. Describe thetwo-step process for determining when a case is on point.

Answer: Generally, there are two requirements for a case to be on point. These two requirements are: 1. The important facts of thecase must be similar to thefacts of theclient‘s case.

2. The applicable rule of law must be similar to therule of law applicable in theclient‘s case.

The two-step process for determining that these two requirements are properly met is as follows:

1. Determine whether thekey facts are sufficiently similar: thekey facts refer to thefacts that may affect theoutcome of thecase. thefirst step in theanalysis process is to determine whether thekey facts in thecourt opinion are similar to theclient‘s case or not. It can be done by comparing thekey facts of thecourt © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

opinion with that of

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theclient‘s case for theapplication of thecourt's opinion as precedent. If there is no similarity between thetwo, then thecourt's opinion cannot be used as a precedent.

2. Determine whether theapplicable rule of law is sufficiently similar: thenext step in thetwo-step process is to determine whether therule of law in thecourt opinion is similar to thelegal principle applied in theclient‘s case or not. There are two situations that are encountered while performing this step.

A. The applicable rule of law in thecourt opinion is thesame as thelegal principle applied in theclient‘s case: In this case, apply therule of law in thesame way as it was applied in theclient‘s case.

B. The applicable rule of law in thecourt opinion is different from thelegal principle applied in theclient‘s case: In this case, thecourt opinion cannot be used as a precedent. However, there is an exception to it. theinterpretation of thecourt made on thecase law principle is so comprehensive in scope that it can be used in another client‘s case. In this case, court opinions can be used as at best persuasive precedents.

ASSIGNMENT 3 ANSWERS Q. Describe thethree-part process for determining if a case is on point when there are different key facts.

Answer: thethree-part process for addressing thedifferent key facts is as follows:

1. Identify thesimilarity between thekey facts: thefirst step in thethree-part process is to identify thesimilarity between thekey facts of thecourt opinion and theclient‘s case. Key facts are so vital that they can affect theoutcome of an opinion.

2. Identify thedifference between thekey facts: thenext step in thethree-part process is to identify © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

thediffer ence between thekey

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facts. thedifference between thekey facts is recognized by comparing thekey facts of thecourt opinion with that of theclient‘s case.

3. Determine thesignificance of thedifferences: thelast step in thethree-part process is to determine thesignificance of thedifferences. thesignificance of thedifference is determined by substituting thekey facts of theclient‘s case for those of thecourt‘s opinion. If thesubstitution results in a change in theoutcome of thecase, then theopinion cannot be used as a precedent.

ASSIGNMENT 4 ANSWERS Q. Describe thetwo steps to follow when thedoctrine or rule applied by thecourt is different from thedoctrine that applies in theclient‘s case.

Answer: Generally, thecourt opinion cannot be used as a precedent when there is no similarity between therule applied by thecourt opinion and therule applied in theclient‘s case. However, there is an exception to it. There are two steps involved when considering these exceptions and these are as follows: 1. Legislative acts: For a court opinion, to be applied as a precedent in theclient‘s case involving theapplication of a different legislative act, it becomes necessary that there must be a similarity of thelanguage used in thelegislative and there must be similarity in thefunction of legislative acts.

2. Case law rule or principle: For a court opinion to be applied as a precedent in theclient‘s case involving theapplication of different case law rules or principles, it becomes necessary that there must be a similarity of thelanguage used in thecase law rule or principle and there must be similarity in thefunctions used in theCase law rules or principles.

ASSIGNMENT 5 ANSWERS © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Q.

In

thefollo wing

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examples, use thestatutory and case law presented in thehypothetical at thebeginning of thechapter, that is, § 96-25-16 and Karl v. Herald. theclient seeks redress for theother party‘s refusal to issue dividends. In each example, determine if Karl v. Herald is on point.

Example 1

The client and a sibling are shareholders in a corporation. thesibling is themajority shareholder, thesole member of theboard of directors, and themanager of thecorporation. For thepast five years, thesibling has awarded themselves a lucrative salary twice that paid to managers of similar corporations. thecorporation has a $400,000 cash surplus that thesibling claims is necessary for emergencies. No emergency has occurred in thepast five years that required an expenditure of more than $50,000.

Example 2

Client and Chetan own a fabric store. thebusiness is a corporation, and Chetan holds 80 percent of thestock and makes all thebusiness decisions. theclient, an employee of thebusiness, owns 20 percent of thestock. thebusiness has a large cash surplus, but Chetan has never issued dividends. Chetan‘s salary is three times that of theClient‘s. When theClient asks that dividends be issued, Chetan responds, ―Your dividend from this corporation is your job.‖

Example 3

Client and Teneca are partners in a business. Teneca owns 70 percent of thepartnership and Client owns 30 percent. theclient does not work for thebusiness. Teneca runs thebusiness and is paid a large salary that always seems to equal profits. theclient thinks this is fishy and believes Teneca should have a set salary, and theprofit above Teneca‘s salary should be shared 70/30. There is no partnership case law in thejurisd © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

iction addressi ng

this

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question.

Answer: thefirst step to determine whether thecase is on point is to decide whether thekey details of thegiven example are close to thedetails given in thecase of Karl vs, Herald. thenext step is to determine thelevel of similarity between thelaw applicable to thecase of thegiven example and thelaw applicable to thecase of Karl vs. Herald for thecase to be applied as a precedent.

Example 1

In thegiven example, theoppressive conduct of thesibling of theclient has been interpreted. thesibling of theclient has been engaged in oppressive behaviour by doubling their wages in thepast five years. thecase of Karl vs. Herald is similar to this case as in both of these cases theauthoritarian behaviour of themajority shareholders has been shown. In both of these cases, thecontrolling behaviour of themajority shareholder to act unfairly for theadvantage of themajority has been interpreted. Thus, both cases are similar.

Example 2

In thegiven example, there has been no oppressive conduct on thepart of Chetan. Thus, thecase of Karl vs.

Herald cannot be on point. Since, in thecase of Karl vs. Herald, theoppressive conduct of Herald is shown.

Whereas, in thecase of thegiven example, Chetan is thecontrolling authority in thecompany since he is owning 80% of theshares. Thus, he has theright to take decisions related to theissue of dividends. He can take suggestions from others but theright to implement thedecision is in thehand of themajority shareholders until they are not involved in any unethical behaviour. And in thegiven scenario, nothing has been © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

mention ed about theusage

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of surplus funds. Thus, it is presumed that these funds have been utilized for business purposes only.

Thus, Chetan has not been involved in any oppressive conduct and he can take business-related decisions of his own.

Example 3

In thegiven example, there has been no oppressive conduct on thepart of Teneca. Teneca is owning 70% of thepartnership and works for thebusiness. It clearly shows that Teneca has theauthority to take all business-related decisions. Moreover, there has been no case law on partnership in thejurisdiction to address this issue. theclient is owning 30% of thepartnership and does not work for thebusiness. It clearly implies that all theprofits belong to Teneca. And if Teneca runs thebusiness and pays himself a large salary it will be considered as earnings and not oppressive conduct.

ASSIGNMENT 6 ANSWERS Q. For each of thethree client fact situations presented below, use thefollowing summary court opinion.

For each fact situation answer thefollowing: 1. What are thefact similarities and differences between thecourt‘s opinion and theclient‘s fact situation?

2. Is thecourt opinion on point? Why or why not?

3. If thecourt opinion is on point, would it be a mandatory or persuasive precedent?

Court Opinion

Vineyard v. Palo Alto. Mr. Vineyard was injured on December 29, 2009, in a car accident while © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

deliveri ng pizzas for

his

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employer, Palo Alto. Mr. Vineyard began work for Palo Alto on October 1, 2009. He also worked as a horse trainer beginning on September 1, 2009.

There is no dispute Mr. Vineyard is entitled to workers‘ compensation benefits reflecting his wages from both jobs. theparties disputed how to compute theaggregate weekly wage to be used to determine thevalue of those benefits.

For employment less than 26 weeks, § 52-1-20(B)(1) of theNew Mexico Workers‘ Compensation Act compels dividing thetotal wages earned by theworker at that job by thenumber of weeks ―actually worked in that employment.‖ theCourt of Appeals held that each employer‘s average weekly wage is to be individually calculated under subsection (B)(1) and an average weekly wage based on theaggregate of all averages should then be calculated.

Part A Client‘s Facts: Sam was an assembly-line worker at a factory that produced plastic bags for use in retail stores. On January 9, 2016, theend of a conveyor line collapsed and crushed Sam‘s foot. Sam started working at thefactory on October 1, 2015. Sam also worked 20 hours a week for a nonprofit agency. Sam began working for thenonprofit agency on September 15, 2015. Sam is unable to work at either job for at least three months. thehearing officer assigned to calculate benefits under New Mexico‘s Worker‘s Compensation statute § 52-1-20(B)(1) has calculated Sam‘s average weekly wage by averaging thehourly wage for both jobs and averaging thenumber of weeks Sam worked at thetwo jobs. Sam wants to appeal themanner that theaverage weekly wage was calculated.

Part B Client‘s © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Facts: Beck, a Wyomin

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g resident, was injured while delivering packages for, D2D (Distributor to Door). Beck began work for D2D on December 15, 2020. Beck also works as a dog trainer on weekends and began that job on September 1, 2020. Beck also worked providing closed captioning for a local agency. Beck had been at that job since August 1, 2020. Wyoming has a workers‘ compensation statute that requires ―dividing thetotal wages earned by theworker at that job by thenumber of weeks actually worked in that employment‖ for employment less than 30 weeks. There is no applicable Wyoming case. theparties disagree on how to calculate theaverage wage for thepurpose of determining benefits.

Answer: Part A 1. There has been a significant similarity between thecourt's opinion and theclient‘s fact situation. In both of these cases, theemployee was injured and he was injured while discharging his employment services. thedifference between thecourt opinion and theclient‘s fact situation is related to thecalculation of weekly wages to be used for thecalculation of workmen's compensation benefits.

2. Yes, thecourt opinion is on point since there has been significant similarity between thecourt opinion and theclient‘s fact situation. Also, therule of law applicable in court opinion is thesame as in thecase of theclient.

3. It would be a mandatory precedent since thelower court will require to follow thecourt's opinion given by thehigher court.

Part B: 1. There has been a significant similarity between thecourt's opinion and theclient‘s fact situation. In both of these cases, theemployee was injured and he was injured while discharging his employment services. thedifference between thecourt opinion and theclient‘s fact situation is related to thecalculation of weekly wages to be used for thecalculation of workmen's compensation benefits.

2. Yes, thecourt opinion is on point since there has been significant similarity between thecourt opinion © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

and theclient ‘s

fact

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situation. Also, therule of law applicable in court opinion is thesame as in thecase of theclient.

3. It would be a mandatory precedent since thelower court will require to follow theopinion given by thehigher court.

ASSIGNMENT 7 ANSWERS Q. Each of thefollowing examples presents a brief summary of thecourt opinion, followed by a client‘s fact situation. For each client fact situation, Parts A through G, determine thefollowing:

1. What are thefact similarities and differences between thecourt opinion and theclient‘s situation?

2. Is thecourt opinion on point? Why or why not?

3. If theopinion is on point, what will theprobable decision be in regard to thequestion raised by theclient‘s facts?

Example 1 Court Opinion: State v. Jones. Jones, a first-time applicant for general relief funds, was denied relief without a hearing. thedenial was based on information in Jones‘s application indicating that Jones‘s income was above thethreshold maximum set by theagency regulations. theregulation provides that when an applicant‘s income, or thefinancial support provided to an applicant plus income, exceeds $12,000 a year, theindividual may be denied general relief funds. theregulation is silent about theright to a hearing. Jones‘s application reflected that thegross income from two part-time jobs exceeded themaximum allowable income for eligibility by $2,000. Jones believed there were special circumstances that © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

would allow eligibilit

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y for general relief. Jones‘s demand for an appeal hearing to explain thespecial circumstances was denied. thecourt held that thedue process clause of thestate constitution entitles a first-time applicant for general relief funds to a hearing when special circumstances are alleged. thequestion in thefollowing three facts situations is whether theclient is entitled to a hearing.

Part A Client‘s Facts: Tao lives at their parents‘ home. Tao has a part-time job, does not pay rent or utilities, and uses themoney from work to pay for college. Tao has very little left after paying tuition. Tao‘s application for general relief was denied. thewritten denial stated that thecombination of thesupport provided by theparents and thepart-time income exceeded themaximum allowable income. theapplication for an appeal hearing was denied.

Part B Client‘s Facts: In thelast session of thestate legislature, legislation was passed providing that when applicants for general relief are denied relief based on information provided in theapplication, they are not entitled to an appeal hearing. thepurpose of thelegislation is to cut costs. Taylor, a first-time applicant for general relief funds, was denied benefits based solely on theapplication. Taylor believes there are special circumstances that apply to permit an award of benefits. Taylor‘s request for an appeal hearing was denied.

Part C Client‘s Facts: Client has been receiving general relief funds for thepast year. Last week, Client received notice that relief would be terminated due to information received from an employer indicating that Client had received a raise, and annual income is now over thestatutory maximum. Client‘s request for an appeal hearing on thetermination of relief was denied.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Example 2 Court Opinion: Rex v. Ireland. Rex, a landlord, filed an eviction suit against a tenant, Ireland. Rex served notice of default on Ireland by rolling up thenotice of default and placing it in Ireland‘s mailbox. themailbox was situated next to thestreet. Ireland retrieved thenotice thenext day. Ireland stated in thedefense pleadings that proper notice of default was not given under theprovisions of § 55-67-9 of theLandlord/Tenant Act; therefore, thecase should be dismissed. thestatute provides that notice of default may be accomplished in one of three ways: 1. Delivery by certified mail 2. Hand delivery to theindividual to be evicted 3. Posting at themost public part of theresidence The statute further provides that thecourt may enter an order of eviction if thenotice of default is not responded to within 30 days. thecourt, denying therequest for dismissal, ruled that theintent of thestatute was to ensure that tenants receive notice of default. thecourt noted that although themethod of delivery used by Rex did not comply with thestatute, theintent of theact was accomplished since Ireland had actual notice of default and was not prejudiced by theimproper notice.

The question in thefollowing four facts situations is whether thenotice of default is effective.

Part D Client‘s Facts: theclient is a tenant. thelandlord told theclient‘s child to inform thetenant that they were in default and, under theterms of thelease, would be evicted if they did not pay or otherwise respond within 30 days. thechild informed thetenant thenext day. Would it make any difference if thechild informed thetenant after 30 days but before theeviction suit was filed?

Part E Client‘s Facts: Client, thetenant, was on vacation when thelandlord posted thenotice of default on thefront © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

door.

Client did not

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return from vacation and learn of thedefault until after the30-day default period had passed.

Part F Client‘s Facts: Landlord sent thenotice of default by regular mail, and thetenant received it.

Part G Client‘s Facts: thelandlord sent thenotice by certified mail, but theclient refused to accept it.

Answer: Example 1

Part A: 1. There has been a sufficient similarity in thecourt opinion and client fact situation. In both cases, theplaintiff has been applying for general relief funds for thefirst time. In both cases, theplaintiff‘s income exceeds theminimum limit set up by theregulations. thedifference between thecourt opinion and theclient fact situation is that in thecourt opinion, Jones has income from two part-time jobs and in theclient's case, Tao has only one part-time job. Tao depends upon his parents for financial support.

2. Yes, thecourt opinion is on point since there has been a significant similarity of facts between thecourt opinion and theclient case. Also, therule of law applicable in court opinion is thesame as in thecase of theclient.

3. No hearing will take place as thedecision of thecourt since income of Tao exceeds themaximum allowable limit.

Part B:

1. There has been sufficient similarity between thecourt opinion and theclient's case in thesense both Taylor and jones are applying for thegeneral relief funds for thefirst time and their applications are rejected based on theinformation provided in them. thedifference between thecourt opinion and © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

thegiven case

is

that

in

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thecourt opinion, Jones had special circumstances in thesense he had two part-time jobs. But in thegiven case, thespecial circumstance is yet to be reported.

2. Yes, thecourt's opinion is on point since there has been a significant similarity of facts between thecourt's opinion and thecase of theclient. Also, therule of law applicable in case of court opinion is thesame as in thecase of a client.

3. There shall be a hearing in case of special circumstances according to thecourt‘s opinion. Thus, Taylor will get a chance for a hearing in court.

Part C: 1. There has been a sufficient similarity in thecourt's opinion and theclient‘s case in thesense in both cases theapplication for general relief funds is rejected. thedifference between thecourt opinion and theclient case is that in thecourt opinion, Jones has been applying for thegeneral relief funds for thefirst time. But, in thecase of theClient, theclient has been taking thebenefits of thegeneral relief funds annually.

2. No, thecourt opinion is not on point since there has not been significant similarity of key facts in both of these cases. Also, therule of law applicable in court opinion is different from that of theclient‘s case. thecourt opinion was applicable in thecase of an applicant who was applying for relief funds for thefirst time. theapplicant also has special circumstances for thehearing to take place. But, in thecase of theclient, there have been no special circumstances for thehearing to take place.

3. The hearing will not take place according to thecourt‘s opinion.

Example 2

Part D:

The notice served shall not be deemed to be valid. thenotice is not valid since it does not fulfill © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

therequi rements of theprovi

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sion laid down by thelaw. According to law, only hand-delivered notice will be considered as valid for eviction. But in thegiven case, thelandlord is informing thetenants about thedefault through his child and not by himself. Thus, it is not a valid notice.

No, it does not make any difference, since thenotice served by thelandlord to thetenants is not in valid form.

Part E:

In thegiven case, thenotice served shall not be deemed to be valid since theintention of thelaw while serving thenotice was ignored. According to thelaw, thenotice of default should be in theknowledge of thetenants. But in thegiven case notice was served when thetenant was on vacation. Although thelandlord has followed theprovisions of thelaw while serving thenotice of default to thetenant, thenotice is out of theknowledge of thetenant. Thus, thenotice is not valid.

Part F:

In this case, thenotice served shall be considered to be valid. themain intent of thelaw is to bring thenotice of default in theknowledge of thetenant. thelandlord has been using theproper means which is themail to serve thenotice. It does not matter whether thetenant has read themail or not. themail of default has been received by him, which means thenotice is valid.

Part G: © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

In

this case,

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thenotice served is valid, since thenotice has been sent through certified mail and it is theduty of thetenant to receive themail. It does not matter whether thetenant has accepted thenotice or not. thenotice sent through certified mail is deemed to have been received by thetenant.

Solution and Answer Guide LEGAL RESEARCH, ANALYSIS, & WRITING 9780357619445; CHAPTER 13: COUNTERANALYSIS

TABLE OF CONTENTS ASSIGNMENT 1 ANSWERS ........................................................................................................................ 124 ASSIGNMENT 2 ANSWERS ........................................................................................................................ 125 ASSIGNMENT 3 ANSWERS ........................................................................................................................ 126 ASSIGNMENT 4 ANSWERS ........................................................................................................................ 127 ASSIGNMENT 5 ANSWERS ..................................................................................................................... 128 ASSIGNMENT 6 ANSWERS ..................................................................................................................... 129 ASSIGNMENT 7 ANSWERS ..................................................................................................................... 130 ASSIGNMENT 8 ANSWERS ..................................................................................................................... 133 ASSIGNMENT 9 ANSWERS ..................................................................................................................... 135

ASSIGNMENT 1 ANSWERS Q. What © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

is counteranalysis

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? When should thecounter-analysis be conducted?

Answer: A counter-analysis refers to theprocess of estimating theargument that theopponent is likely to claim in response to theanalysis of an issue which is thecounterargument. In other words, it is theprocess of discovering thecounter-arguments to a legal position. It refers to thesignifying thestrength and weaknesses of each argument raised in thecourt.

The counter-analysis is conducted in thefollowing situations:

1. At theinitial stages of thecase.

2. It is taken when preparing for a response to a brief filed by theother party.

3. It is taken when addressing a legal problem.

4. It is taken when preparing an inter-office legal memorandum.

ASSIGNMENT 2 ANSWERS Q. Explain why counter-analysis is important.

Answer: thecounter-analysis is important because of thefollowing reasons:

1. It is important because it is helpful in theidentification of opposing arguments. This identification is helpful in analyzing theposition of other party. It is helpful in finding theanswers to these questions such as ―What will theother party do?‖ ―How can one encounter theargument raised by theother party‖?

2. Counter-analysis is helpful in anticipating theopposing argument and making preparation for thesame.

3. It is helpful in making a proper evaluation of thevarious merits of thecase. It will assist in thechoice of © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

theappro priate course

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of action.

4. It is helpful in locating and disclosing adverse authority. Adverse authority is necessary to maintain creditability in an argument.

ASSIGNMENT 3 ANSWERS Q. Counter-analysis—Legal Position or Argument Based on a Statute

Legislative Acts: Section 359-23A of thestate statutes provides that to be eligible to run for thestate senate, an individual must have been a resident of thestate for three years.

Local ordinance § 2231 provides that an individual must be a resident of themunicipality to run for a position on thecity council. theordinance does not define resident or residency.

Facts: Jerrie wishes to run for thecity council. Jerrie has been a resident of thestate for two years and nine months. thecity clerk informs Jerrie that to run for city council a person must be a resident of thestate for three years and Jerrie is not eligible to run for city council at this time. theclerk says that thecity relies on theresidency requirement established in § 359-23A. Assignment: What is thecounterargument to theclerk‘s position?

Answer: A counterargument refers to an argument that has been put forward to oppose theidea made in another argument. In thegiven scenario, a counter-argument can be made by theattorney to theclerk‘s position by stating that thelocal ordinance is silent about theresidency rule. Jerry wants to run for thecity council. Thus, it is thelocal ordinance that must be followed. Since thelocal ordinance is silent about theresidency rule, Jerry is free to run for theposition of thecity council without considering theresidency rule © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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ASSIGNMENT 4 ANSWERS Q. Counter-analysis—Legal Position or Argument Based on a Court Opinion

Case Law: In thecase of Baldonado v. State, theplaintiff sued thestate for false arrest. In Baldonado, a police officer received information from thedispatcher concerning a violent domestic dispute that specifically described theplaintiff and their vehicle. thedispatcher reported that theplaintiff had been drinking and was leaving theresidence with two minor children. When theofficer arrived at theresidence, he saw theplaintiff and thetwo children in thedescribed car. At thescene, theplaintiff‘s spouse and neighbors corroborated thedispatcher‘s information that a violent dispute had taken place. When theofficer requested theplaintiff to shut off theengine and stay at thescene, theplaintiff attempted to leave. theofficer stopped theplaintiff from leaving. thecourt noted that detention by a police officer is allowable only when there is reasonable suspicion that a crime has been committed. thecourt concluded that there was reasonable suspicion that a crime had been committed and that theofficer‘s detention of thedefendant was lawful.

Facts: theofficer was dispatched to theplaintiff‘s residence to investigate a domestic dispute. When theofficer arrived, he saw a red vehicle driving away from theresidence. A neighbor who was standing on thesidewalk informed theofficer that they thought a domestic dispute had taken place at theneighbor‘s house and theplaintiff had just left in thered vehicle. theofficer pursued theplaintiff and required them to return to theresidence. theplaintiff is suing theofficer for illegally detaining them.

Assignment: thestate argues that Baldonado v. State supports theposition that thedetention was proper.

What is thecounterargument?

Answer: In thegiven case, thecounterargument can be given by theofficer that thedetention made by him was © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

lawful since

a

crime

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was committed there. theofficer can state that when he requested theplaintiff to shut off theengine and stay at thescene, he was trying to leave. Moreover, theneighbors and theplaintiff‘s spouse also confirmed theinformation given by thedispatcher that a dispute had taken place. Also, thecourt affirms that thedetention made by thepolice officer was lawful since a crime had been committed.

ASSIGNMENT 5 ANSWERS Q. List seven ways to challenge an argument based on an enacted law.

Answer: An enacted law refers to thelaw adopted by thepeople through a representative body such as a state legislature. theseven ways to challenge theargument based on enacted law are as follows:

1. Elements of thestatue are not met: A statue is composed of certain elements that must be met before theapplication of thestatue. thecounter-argument that can be made to a legal position based on thestatute is that thefacts presented in thecase have failed to meet each element of thestatute.

2. The statue is sufficiently broad to permit different construction: A counterargument can be made on thebroadness of thelanguage crafted in thestatue. A counterargument can be made that a different interpretation is possible because of thebroadness of thelanguage of thestatute.

3. Statue misconstrued or does not apply: In thecase of a legal argument based on a statute, counterarguments can be made that thestatute is not being misconstrued in a situation to which it does not apply. It can be done by consulting another statute that applies in thecurrent case or by consulting case law to determine whether thecourt has applied thestatute differently from that relied on.

4. The statute relied on as a guide does not apply: In certain situations, thestatute that governs theclient‘s case does not have adequate provision to apply to thequestions raised by theclient‘s fact situation. In this case, another statute that has a provision governing a similar fact situation can be used as guidance to interpret theapplicable law. A counterargument can be made in this situation by © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

stating that thestatut e relied

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on to interpret another statute cannot be used as a guide since it does not intend to apply to thetype of situation presented by theclient‘s case. It can be done by finding thedifference between thestatute and stating that theprovisions of one statute cannot be applied to interpret theother statute.

5. Statute relies on what has not been adopted in thejurisdiction: In case of theabsence of any law or statute in any jurisdiction, thecourt is persuaded to adopt thelaw embodied in another jurisdiction. In such a case, a counterargument can be raised that a law applicable in another jurisdiction cannot be applied to thecurrent jurisdiction. This is done by establishing thedifference between thejurisdictions.

6. Interpretation of a statute is unconstitutional: A counterargument can be raised about theinterpretation of thestatute. It can be done by stating that thestatute violates thestatutory provision.

7. The statute relied on is unconstitutional: In this case, a counter-argument is based on theconstitutionality of thestatute.

ASSIGNMENT 6 ANSWERS Q. List seven ways to challenge an argument based on case law.

Answer: theseven ways to challenge an argument based on case law are as follows:

1. Reliance on court opinion is misplaced because key facts differ: First of all, substitute thekey facts of theclient‘s case for those of court opinion. If thesubstitution results in a change in theoutcome of thecase, then thecourt opinion cannot be used as precedent. A counterargument can be raised that thecourt opinion relied on cannot be applied because of differences in thekey facts.

2. Reliance on court opinion is misplaced because of rule of law does not apply: A counterargument can be raised against thelegal principle applied in thecourt opinion by stating that it does not apply to thecase at hand.

3. Cou © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

rt opinion is

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subject to a different interpretation: A counterargument can be raised against theinterpretation made in thecourt opinion. It can be done by analysing thelanguage of thecourt opinion to determine if it has been interpreted in some other way to raise thecounterargument.

4. Rule adopted in court opinion relied on is not universally followed: This counterargument can be raised when theopinion relied on is not a mandatory precedent. It can be done by reading thecourt‘s opinion that has adopted other positions in a similar case.

5. The opinion relied on presents several possible solutions to a problem: A counter-argument can be raised when there are several possible solutions to theproblem and theone solution urged by theopposing party is not thecompulsory solution. This can be done by checking theother court's opinion to identify thedifferent solutions that have been adopted in other cases.

6. Position relied on represents no sound public policy and should not be followed: In case theopinion is mandatory precedent, a counterargument can be raised that this opinion does not represent any sound public policy. And it requires thecourt to overrule its decision. It can be stated in theargument that theprinciple adopted in theopinion cannot be used due to a policy change and it requires thecourt to re-examine its decision.

7. There are other cases too that do not support theposition adopted in thecase relied on: A counterargument can be raised by considering theother relevant cases that have adopted a different position in a similar case.

ASSIGNMENT 7 ANSWERS Q. Counteranalysis—Legal Position or Argument Based on a Statute

Legislative Act: Section 40-3-6-9A of thestate criminal code provides that a noncustodial parent may be convicted of custodial interference when thenoncustodial parent ―maliciously takes, detains, conceals, entices away, or fails to return thechild, without good cause, for a protracted period of time.‖ Assume © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

there is no case law

on

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point in thejurisdiction relevant to thefollowing fact situation.

Facts: Parent A has primary custody of their only child. Parent B has legal custody for two months in thesummer. Parent B takes thechild for two months in thesummer but fails to tell Parent A where thechild is and does not allow Parent A to communicate with thechild. Parent B says, ―I‘m going to punish you for theway you‘ve treated me‖ before leaving with thechild.

Assignment: Parent A presents thefollowing arguments in support of a claim that Parent B is in violation of thestatute. What are thecounterarguments to each argument?

Part A Parent B‘s actions constitute concealment within themeaning of thestatute.

Part B Same facts, but Parent B says, ―Since you wouldn‘t allow me to communicate with thechild when you had custody, I‘m going to do thesame.‖ Parent A argues that Parent B‘s actions constitute concealment.

Part C Same facts except that Parent B says nothing when picking up thechild.

Part D Parent B allows thechild to communicate with Parent A, but returns thechild one day late. Parent A argues that this constitutes failing to return thechild without good cause for a protracted period of time.

Part E Same facts as in part D except that Parent B returns thechild two weeks late.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Part F Same facts as in part E

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except that Parent B explains they were unable to return thechild on time because thecar engine blew up and it took two weeks to fix it.

Answer:

Part A Parent‘s B actions constituted concealment in theeyes of law, still, he can make a counterargument by stating that he was in legal custody of thechild for two months. Thus, he can keep thechild for that particular period.

Part B: Parent A can make a counter-argument by stating that parent B's act is a cover-up and by stating theprimary custody of thechild is in thehands of parent A and not parent B. But parent B has failed to tell thewhereabouts of thechild and even parent B does not allow parent A to communicate with thechild which is wrong.

Part C: Although parent B has said nothing while picking up thechild, parent A can make him remind that primary custody of thechild lies with parent A and parent B is required to return thechild to parent A after a stipulated period.

Part D: Although parent B has allowed parent A to communicate with thechild, parent A can argue that this act has been done by parent B to show well in theeyes of others. Parent A can argue that parent B has not been able to return thechild after a prolonged period. He has been keeping thechild without any good cause thus, it is a violation of thestatute.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Part E: Parent B has not

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been able to return thechild at theright time. On this, parent A can make a counterargument by stating that parent B has violated theterms and conditions as per thestatute since he has not been able to return thechild after a prolonged period. He has been keeping thechild to himself without any valid reason.

Part F: Parent A can make a counterargument by stating that parent B is just giving an excuse for his car being corrupted. Parent B does not want to return thechild on time. Thus, he has violated therules laid down in thestatute.

ASSIGNMENT 8 ANSWERS Q. Counteranalysis—Legal Position or Argument Based on Case Law In thefollowing example, assume that theonly court opinion on point is United States v. Leon (see Appendix A).

Facts: Officer Jones submits to Judge Bean a request for a search warrant for thesearch of suspect‘s apartment. Officer Jones knows that there is not sufficient probable cause for issuance of thewarrant, but also knows that Judge Bean favors law enforcement and will most likely issue thewarrant anyway. Judge Bean issues thewarrant. Officer Jones gives thewarrant to other officers and instructs them to execute it.

Officer Jones does not tell them that it is a defective warrant because of thelack of probable cause for its issuance. theother officers execute thewarrant in thegood faith belief that it is valid. theofficers find drugs and charge thesuspect with possession. thesuspect moves for suppression of theevidence, claiming that thesearch was illegal and theevidence must be excluded under theexclusionary rule. What is thecounterargument to theprosecution‘s position in each of thefollowing situations?

Part A © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

The prosecut

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ion argues that because theofficers executing thewarrant were acting in thegood-faith belief that thewarrant was valid, United States v. Leon governs thecase. thegood-faith exception to theexclusionary rule applies, and therefore theevidence should not be suppressed.

Part B Same facts except that Officer Jones delivers thewarrant to members of theCitizens Protection Association, a private group of citizens that take it upon themselves to perform police functions. thegroup volunteers its services and is not employed by thepolice. They execute thewarrant and make a citizen‘s arrest of thesuspect. theprosecution argues that United States v. Leon governs, and that case holds that theexclusionary rule is designed only to protect against police misconduct, not misconduct by private citizens.

Answer:

Part A The counter-argument that can be raised against theofficer is that officer has not acted in good faith since thesearch warrant is defective and theofficer did not tell thesame to other officers. theofficers do not know that thewarrant is defective and they execute thesearch. Thus, theact done by theother officers is not deemed to be an act done in good faith and is not an exception to theexclusionary rules. Therefore, theevidence should be suppressed.

Part B: The counterargument that can be raised is that theofficer has not acted in good faith since thesearch warrant is defective. There is no probable cause for its issuance provided in thecase. Although thesearch conducted by theprivate group of association has been done in good faith, theact done by theofficer shall not © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

be

deemed to

be

done in

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good faith. Therefore, thecitizen‘s arrest of thesuspect made by theprivate group of members has not been done in good faith and is not an exception to exclusionary rules.

ASSIGNMENT 9 ANSWERS Q. Legislative Act: Section 41-1-6-9 of thestate statutes defines defamation as theintentional publication of a false statement about a person. thestatute defines publication as communication to a third person.

Case Law: Ender v. Gault is an opinion of thehighest court in thestate. In thecase, Gault wrote a letter to Ender accusing Ender of defrauding his clients. Gault intended to hand-deliver theletter to Ender at a party at Ender‘s house. Gault became intoxicated at theparty and left theletter on Ender‘s kitchen table. theletter was in an unsealed envelope with Ender‘s name on it. A business competitor of Ender, who was at theparty, opened and read theletter. Ender sued Gault for defamation. In its ruling in favor of Ender, thecourt stated that ―intentional publication as used in thestatute includes publication that occurs as a result of thegross negligence of thedefendant.‖ thecourt held that Gault‘s act of leaving theenvelope unsealed on thekitchen table during a party constituted gross negligence.

Facts: Tom is a business associate of Allen. He believes Allen is stealing from their clients. Tom writes a letter to Allen stating that he knows Allen is stealing and that he intends to file criminal charges. Tom, intending to hand-deliver theletter to Allen, goes to a restaurant where Allen usually has lunch. After waiting an hour for Allen, one of Allen‘s friends enters therestaurant. Tom folds theletter and seals it with tape. He gives theletter to thefriend and asks him to deliver it to Allen. He does not tell thefriend not to open theletter. thefriend peels back thetape, reads theletter, reseals it, and delivers it to Allen. Allen finds out that thefriend read theletter and sues Tom for defamation under § 41-1-6-9.

Assignment: Take into consideration thestatute, thecourt opinion, and thefacts when doing thefollowing.

Part A Prepare © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

an argumen t

in

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support of theposition that Tom defamed Allen.

Part B Prepare a counterargument to theargument prepared in part A. Answer:

Part A The argument in support of theposition that tom defamed Allen is that tom has sealed theletter incorrectly with thetape and handed it over to Allen‘s friend. It is tom‘s responsibility to hand over theletter to theright person. Further, he does not tell Tom‘s friend not to open it. Thus, he has been charged with gross negligence as per thestatute and he is guilty of defaming Allen.

Part B: Tom is not guilty of defaming Allen since he has given theletter to Allen‘s friend with thetrust that he would deliver thesame to Allen safely. thecrime has been done on thepart of Allen‘s friend. He has read theletter without Allen‘s permission. Tom cannot be made guilty of gross negligence since he has sealed and packed theletter properly. Thssus, he cannot be made guilty of defamation.

Solution and Answer Guide LEGAL RESEARCH, ANALYSIS, & WRITING 9780357619445; CHAPTER 14: FUNDAMENTALS OF WRITIN © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

G

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TABLE OF CONTENTS ASSIGNMENT 1 ANSWERS ........................................................................................................................ 137 ASSIGNMENT 2 ANSWERS ........................................................................................................................ 138 ASSIGNMENT 3 ANSWERS ........................................................................................................................ 139 ASSIGNMENT 4 ANSWERS ........................................................................................................................ 140 ASSIGNMENT 5 ANSWERS ..................................................................................................................... 141 ASSIGNMENT 6 ANSWERS ..................................................................................................................... 141 ASSIGNMENT 7 ANSWERS ..................................................................................................................... 142 ASSIGNMENT 8 ANSWERS ..................................................................................................................... 142 ASSIGNMENT 9 ANSWERS ..................................................................................................................... 143 ASSIGNMENT 10 ANSWERS ................................................................................................................... 143 ASSIGNMENT 11 ANSWERS ................................................................................................................... 144 ASSIGNMENT 12 ANSWERS ................................................................................................................... 146 ASSIGNMENT 13 ANSWERS ................................................................................................................... 146 ASSIGNMENT 14 ANSWERS ................................................................................................................... 147 ASSIGNMENT 15 ANSWERS ................................................................................................................... 149 ASSIGNMENT 16 ANSWERS ................................................................................................................... 149

ASSIGNMENT 1 ANSWERS Q. Define thefollowing parts of speech: noun, pronoun, verb, adjective, adverb, preposition, and © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

conjunct ion.

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Answer:

Noun: Noun refers to theword used in place of person, place, or thing, there can be concrete or discrete nouns, singular or plural nouns depending upon thenature of thejob performed by it.

Pronoun: A pronoun refers to theword used in place of a noun.

Verb: A verb represents any action or state of being. It is a part of thepredicate of a sentence. There are two types of verbs namely action verbs and linking verbs. Action verbs are used to describe theaction of thesubject whereas linking verbs are used to describe thelinkage of thesubject with something else in a sentence.

Adjective: It refers to a word used to modify thenoun and pronoun. It is a word that describes thequality of a noun or pronoun in a sentence.

Adverb: It refers to a word used to describe themodification of verbs, adjectives, and other adverbs in a sentence. They are helpful in giving theanswers to questions such as when, where, how, how many, and how much.

Preposition: it refers to a word that establishes therelationship between nouns and pronouns with theobjects in a sentence. Examples of prepositions include on, at, before, after, by, down, for, from, etc.

Conjunction: It is a word that is helpful in connecting two words, phrases, or sentences. Example of conjunction includes and, or, but, yet, so, still, although, and so on.

ASSI © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

GNM ENT

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2 ANSWERS Q. Discuss theessential requirements of a well-crafted sentence.

Answer: A sentence refers to a written statement that conveys some meaning. theessential requirements of a well-crafted sentence are subject and predicate.

Subject: It is a noun that performs some action.

Predicate: It is a combination of theverb and object of a verb. theobject of theadverb is required to receive theaction of theverb. For example, in thesentence ―Tom wrecked a car‖, ―Tom‖ is a subject, and ―wrecked a car‖ is a predicate.

ASSIGNMENT 3 ANSWERS Q. Discuss theelements and requirements of a well-crafted paragraph.

Answer: A paragraph refers to a group of sentences that represents thesame topic. theessential elements and requirements of a well-crafted paragraph are as follows: 1. The topic sentence: A topic sentence represents thesubject of theparagraph. It signifies thesubject in a paragraph. It is placed at thebeginning of theparagraph.

2. Body paragraph: A body paragraph is a combination of sentences that support themain subject presented in thetopic. These sentences develop thesubject clearly and logically. While drafting thebody of theparagraph, due attention should be given to theconciseness of thebody.

3. The closing sentence of a paragraph: A closing sentence is thesummary of theparagraph. It should end with © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

theclosi ng sentence

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. theclosing sentence applies thesubject discussed to thefacts of thecase.

ASSIGNMENT 4 ANSWERS Q. a. Identify thenoun(s) in this sentence: theapplause coming from thegallery of thecourtroom was not what thedefendant wanted to hear b. Are theunderlined words common or proper nouns in this sentence: thejudge ordered theplaintiff, Shannon Smith, to pay a fine of $500. c. Identify any pronouns in this sentence: Anyone in thejury needing a break should raise their hand and signal thebailiff. d. Identify theadjective(s) in this sentence: thewitness testified, ―The blue car struck thegreen car from behind and thetall man on thecorner pushed thesmall child out of theway before thegreen car struck thechild.‖ e. Identify theadverb(s) in this sentence: thejury swiftly decided thefate of thedefendant. f. Identify theprepositional phrase(s) in this sentence: In thenight, therobber stole tools from theshed.

Answer: a. The nouns in thegiven sentence are: Applause, Gallery, courtroom, and defendant. b. Judge is a common noun. Plaintiff is a common noun and theword‖ Shannon Smith‖ is a proper noun. c. The pronouns in thesentence are: Anyone and their. d. The adjectives in thesentence are: Blue, Green, tall, and small. e. The adverb in thesentence is: Swiftly f.

The prepositional phrases in thegiven sentence are: In and from. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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ASSIGNMENT 5 ANSWERS Q. Underline once thesubject and underline twice theverb in each sentence. a. thejudge ordered plaintiff‘s counsel to submit thebrief immediately. b. Witnesses refused to testify. c. Jurors gasped at thepictures of theinjuries. d. thedriver‘s breath smelled like alcohol. e. There might have been undue hardship on thejury.

Answer: a. The subject in thegiven sentence is ―Judge‖ and theverb is ―submit‖. b. The subject in thegiven sentence is ―witnesses‖ and theverb is ―refuse‖. c. The subject in thegiven sentence is ―Jurors‖ and theverb is ―grasp‖. d. The subject in thegiven sentence is ―Driver‘s breath‖ and theverb is ―smelled‖. e. The subject in thegiven sentence is ―There‖ and theverb is ―have been‖.

ASSIGNMENT 6 ANSWERS Q. Draft thefollowing sentences in active voice. a. thedefendant was attacked by theplaintiff at thebeginning of theargument. b. It is a requirement of good writing skills that active voice be used. c. Payment must be made by Mr. Smith no later than May 15, 1997. d. There were a number of glass fragments on theground. e. thereason thejudge left thebench was that her health was failing.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Answer :

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a. The plaintiff attacked thedefendant at thebeginning of theargument. b. The requirement for good writing skills is to use an active voice. c. Mr. Smith must make thepayment no later than May 15, 1997. d. A number of glass fragments were on theground. e. The judge left thebench because her health was failing.

ASSIGNMENT 7 ANSWERS Q. Choose thecorrect answer to create a noun–pronoun agreement. a. When theattorneys are out of town, we forward messages to her. b. Although themotions were postmarked January 27, 2016, it was not delivered until March 12, 2016. c. Everybody will share his files with theteam members. d. Everything was out of their place when thehomeowner returned from vacation. e. Even though Joe and Janice called repeatedly, he could not reach his friends.

Answer: theright answer to this question to create noun-pronoun agreement is option c. ―Everybody will share his files with theteam members‖.

ASSIGNMENT 8 ANSWERS Q. Rewrite thesentences to omit theunderlined wordy phrases. a. theexpert testified he was of theopinion thebroken bone required more force than a simple fall. b. thejury arrived at theconclusion that thedamages were $50,000. c. As a consequence of thefight, theplaintiff‘s nose was broken. d. When © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

we ascertai n

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thelocation of thecrime scene, we will send out theevidence technicians. e. theparalegal came to a realization that thestack of cases on his desk took up too much space.

Answer: a. The expert testified that thebroken bone required more force than a simple fall. b. The jury concluded that thedamages were $50000. c. The plaintiff‘s nose was broken in thesubsequent fight. d. When we know thelocation of thecrime scene, we will send out theevidence to technicians. e. The paralegal realized that thestack of cases on his desk took up too much space.

ASSIGNMENT 9 ANSWERS Q. Rephrase thefollowing sentences using nonsexist language. a. A paralegal may draft a letter to theclient informing him of an upcoming hearing. b. thelawyer must file his response within 30 days. c. thechairman of thecommittee conducted a private hearing. d. Each person must bring his records to theconference. e. Everyone must bring his records to thehearing.

Answer: a. A paralegal may draft a letter to theclient informing them of an upcoming hearing. b. The lawyer must file a response within 30 days c. The chairman of thecommittee conducted a hearing. d. Each person must bring records to thehearing. e. All should bring records to thehearing.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

ASSI GNM

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ENT 10 ANSWERS Q. Correct thefollowing sentences to remove thenominalization. a. thesheriff‘s office conducted an investigation of thematter. b. Our intention is to audit therecords of thebusiness. c. theparalegal has theintention of finishing theassignment on time. d. I completed theassignment with much difficulty. e. Jane has a great collection of Supreme Court memorabilia.

Answer: a. The Sheriff‘s office investigated thematter. b. The records of thebusiness are audited. c. The paralegal is finishing theassignment on time. d. I completed theassignment with difficulty. e. Jane collected Supreme Court Memorabilia.

ASSIGNMENT 11 ANSWERS Q. What are thebasic rules concerning subject–verb agreement, proper verb tense, and noun–pronoun agreement?

Answer: There are 7 basic rules concerning thesubject-verb agreement which are as follows: 1. Two subjects or more joined by theword‖ and‖ require a plural verb. For example, Tom and Jone are present.

2. Two subjects or more joined by words ―either‖, ―or‖, ―neither‖, ―nor‖ requires a verb that agrees with thesubje © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

ct nearest to

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theverb. For example, either Tom or his brothers are going to theparty.

3. Most indefinite pronoun requires singular verbs such as everyone was present there.

4. Some indefinite pronouns such as all, none, and any, require a verb matching thenoun to which they refer. For example. All of thethings were distributed.

5. Indefinite pronouns such as plural indefinite pronouns always require plural verbs. For example: Both were present in thecourtroom.

6. Nouns in plural form but having a singular meaning always takes a singular verb. For example, thenews was bad.

7. The title of thework always requires a singular verb. For example, legal research and writing is a great reading.

There are 3 basic rules concerning theproper verb tense which are as follows:

1. The present tense is used while presenting any legal position. For example, Plaintiff John agrees that therule requires 30 days prior notice.

2. Past tense is used while addressing a court opinion that has been already been decided such as theCourt held that theplaintiff was guilty of battery.

3. The present tense is used when discussing a law or rule that is still in effect.

There are 4 rules concerning thenoun-pronoun agreement which are as follows:

1. The pronouns should agree with their antecedents. Antecedents refer to thenoun to which thepronoun refers. For example, theofficers put on their hamlets while entering thebuilding.

2. Indefinite pronouns such as all, anybody, somebody, each, every, and everyone usually take singular verbs but have a plural meaning. For example, everyone has thefreedom to elect their candidate.

3. Nouns or pronouns joined by ―and‖ require a plural pronoun.

4. Antecedents joined by ―or‖ or ―nor ―require a pronoun that agrees with theantecedents closest to © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

thepron oun. For example

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, Joh or other defendants should conduct their investigation.

ASSIGNMENT 12 ANSWERS Q. Choose thecorrect answer to create subject–verb agreement. a. thelist of prohibited items in thecourt [is/are] posted at theentrance. b. thewitnesses, Joe Friel and Bob Blaze, [arrive/arrives] by plane this afternoon. c. Neither Judge Mack or Judge Atwood [is/are] available today. d. Fifty percent of thecases [have/has] settled. e. If thepolice [was/were] here, thepartygoers would disperse faster.

Answer: a. Is b. Arrive c. Is d. Have e. Were

ASSIGNMENT 13 ANSWERS Q. Correct these sentences by properly using commas, semicolons, and apostrophes. a. theattorney‘s fees were disputed. b. thelong, complicated statutes were hard to understand. c. theparalegal said she would do theresearch yet she has not begun. d. thepolice have arrived at thescene everyone has taken cover. e. thevictim‘s cell phone showed five text messages had come in thedetective noted each one. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Answer :

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a. The Attorney fees were disputed. b. The long, complicated statues were hard to understand. c. The paralegal said, she would do theresearch, yet she has not begun. d. The police have arrived at thescene; everyone has taken over. e. The victim‘s cell phone showed five text messages has come in; thedetective noted each one.

ASSIGNMENT 14 ANSWERS Q. Correct thefollowing sentences and identify why they are incorrect.

a. thestatute requires thewitnesses to be present when thetestator signs thewill, and thewitnesses must be in thesame room with thetestator, not in a separate room, and watch thetestator sign thewill. b. Mary reached theconclusion that she had made a mistake. c. A relative pronoun requires a verb which agrees with its antecedent. d. Either thecousins or Darryl are going to theparty. e. Sara, after giving careful consideration to thematter, reached theconclusion that she should buy thebusiness. f. He decided to thoroughly and completely test thetheory. g. Neither themembers of theboard nor Steve had reached their conclusion. h. thestatute requires stockholder approval for merger but it does not require approval for multiple real estate purchases. i. thekey executives, (president, secretary, and treasurer) are required to attend theboard meeting. j. thecorporation statute requires: an annual board of directors meeting, an annual shareholder meeting, and thefiling of an annual report. k. Tom and Pam decided they were going to buy stock in thecorporation. l. thelaw © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

requires a partner to

―…

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share partnership profits equally with theother partners….‖ m. Joseph and Claire decided they were going to their cabin for two weeks. n. Fifty-five of thepartners attended thepartnership meeting. o. thelaw provides that profits should be shared equally, however, thelaw allows thepartners to provide otherwise in thepartnership agreement.

Answer: a. The statute requires witnesses to be present when thetestator signs thewill, and thewitnesses must be in thesame room with thetestator, not in a separate room, and watch thetestator sign thewill. Article ‗the‖ will not be used before theword ―witnesses‖. b. Mary concluded that she had made a mistake. c. A relative pronoun requires a verb that agrees with its antecedent. d. Either thecousins or Darryl is going to theparty. e. Sara, after giving careful consideration to thematter, reached theconclusion that she should buy thebusiness. f.

He decided to test thetheory completely and thoroughly.

g. Neither themembers of theboard nor Steve had reached his conclusion. h. The statute requires stockholder approval for a merger but it does not require approval for multiple real estate purchases. i.

The key executives (president, secretary, and treasurer) are required to attend theboard meeting. thepunctuation comma will not be used after key executives.

j.

The corporation statute requires an annual board of directors meeting, an annual shareholder meeting, and thefiling of an annual report. thepunctuation colon will not be used in thesentence.

k. Tom and Pam decided they were going to buy stock in thecorporation. l.

The law requires a partner to share partnership profits equally with theother partners. thepunctuation inverted commas will not be used. m. Jose © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

ph

and Claire

decided

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they were going to their cabin for two weeks. n. Fifty-five of thepartners attended thepartnership meeting. thepunctuation hyphen will be used in thesentence. o. The law provides that profits should be shared equally. However, thelaw allows thepartners to provide otherwise in thepartnership agreement. These are two sentences.

ASSIGNMENT 15 ANSWERS Q. Correct thefollowing sentences by properly using colons and semicolons. a. thecourt‘s instructions to therespondent are: to refrain from contacting theplaintiff in person, by telephone, or by mail; to pay monthly child support, and to perform one hundred hours of community service. b. thefollowing statutes govern theissue, section 29-9-516, section 29-9-517, and section 29-9-544.

Answer: a. The court‘s instructions to therespondent are: to refrain from contacting theplaintiff in person, by telephone, or by mail; to pay monthly child support, and to perform one hundred hours of community service. b. The following statutes govern theissue: section 29-9-516, section 29-9-517, and section 29-9-544.

ASSIGNMENT 16 ANSWERS Q. Correct theparagraphs presented in part A and part B. Use theproofreading checklist presented in Exhibit 14-4.

Part A © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

The govern

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ments‘ first witness at Bean‘s sentencing were theDEA Task Force Officer Tony Silva. He testifies that in his debriefing Luiz had told him about four separate marijuana ―grows‖ in which Luiz had participated. thefirst was in 1986 In Tress, Texas: this ―grow‖ produced 700 marijuana plants. thesecond was in 1987 in theTonto wilderness; and it produced approximately 1500 marijuana plants. thethird ―grow‖ was in 1988 in Sies Colorado and they produced approximately 900 marijuana plants. thefinal ―grow‖ was in 1991, also at theSies site. Before theplants in this grow had been harvested, a Colorado State Police aircraft was spotted doing a ―flyover‖ of theproperty. This prompted Luiz to completely destroy thecrop, only fifty-two plants were seized. As they were seized theofficers noted that two or three plants were in a single grow site. Approximately 1,000 ―grow holes,‖ with sprinkler heads connected to an extensive irritation system, were found another one thousand uninstalled sprinkler heads, two water tanks and fertilizer also was found on theproperty.

Part B

The trial court sentenced Smith well within thestatutory limits. Therefore, thesentence is legal.

The record thoroughly, clearly and positively shows that Smith and his attorney have ample time to thoroughly review Smiths‘ sentence report prior to sentencing. They did so and had: ―no problems with it.‖ It is shown by therecord that Smith never appealed his conviction or sentence. His section 2255 Motion were his first and only attempt to challenge his sentence. Any objections to thesentence report as submitted were clearly waived by Smith. thedefendant have theresponsibility to advise theCourt of any claimed errors in thesentence report. His failure to voice any objections waive any issue not properly presented. It has been long held by this court that ―Section 2255 is not available to test thelegality of matters which should have been raised on appeal.‖ Unless good cause can be shown why a defendant did not appeal or raise a particular issue on appeal, thedefendant is barred from raising that issue in a section 2255 Motion.

Answer: © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Part A:

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The government's first witness at Bean‘s sentencing was DEA Task Force Officer, Tony Silva. He testifies that in his debriefing, Luiz had told him about four separate marijuana ―grows‖ in which Luiz had participated. thefirst was in 1986 in Tress, Texas: this ―grow‖ produced 700 marijuana plants. thesecond was in 1987 in theTonto wilderness. And it produced approximately 1500 marijuana plants. thethird ―grow‖ was in 1988 in Sies Colorado, and they produced approximately 900 marijuana plants. thefinal ―grow‖ was in 1991, also at theSies site. Before theplants in this grow had been harvested, a Colorado State Police aircraft was spotted doing a ―flyover‖ of theproperty. This prompted Luiz to completely destroy thecrop; only fifty-two plants were seized. As they were seized theofficers noted that two or three plants were in a single grow site. Approximately 1,000 ―grow holes,‖ with sprinkler heads connected to an extensive irrigation system were found; another one thousand uninstalled sprinkler heads, two water tanks, and fertilizer also were found on theproperty.

Part B:

The trial court sentenced Smith well within thestatutory limits. Therefore, thesentence is legal.

The record thoroughly, clearly, and positively shows that Smith and his attorney had ample time to thoroughly review Smith‘s sentence report prior to sentencing. They did so and had: ―no problems with it.‖ It is shown by therecord that Smith never appealed his conviction or sentence. His section 2255 Motion was his first and only attempt to challenge his sentence. Any objections to thesentence report as submitted were clearly waived by Smith. thedefendant has theresponsibility to advise theCourt of any claimed errors in thesentence report. His failure to voice any objections waives any issue not properly presented. It has been long held by this court that ―Section 2255 is not available to test thelegality of matters which should have been raised on appeal.‖ Unless good cause can be shown why a defendant did not appeal or raise a particular issue on appeal, thedefendant is barred from raising that issue in a section 2255 Motion.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Sol

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ution and Answer Guide LEGAL RESEARCH, ANALYSIS, & WRITING 9780357619445; CHAPTER 15: THEWRITING PROCESS OF EFFECTIVE LEGAL WRITING

TABLE OF CONTENTS ASSIGNMENT 1 ANSWERS ........................................................................................................................ 152 ASSIGNMENT 2 ANSWERS ........................................................................................................................ 153 ASSIGNMENT 3 ANSWERS ........................................................................................................................ 154 ASSIGNMENT 4 ANSWERS ........................................................................................................................ 155 ASSIGNMENT 5 ANSWERS ..................................................................................................................... 155 ASSIGNMENT 6 ANSWERS ..................................................................................................................... 156 ASSIGNMENT 7 ANSWERS ..................................................................................................................... 157 ASSIGNMENT 8 ANSWERS ..................................................................................................................... 158 ASSIGNMENT 9 ANSWERS ..................................................................................................................... 159 ASSIGNMENT 10 ANSWERS ................................................................................................................... 160 ASSIGNMENT 11 ANSWERS ................................................................................................................... 160 ASSIGNMENT 12 ANSWERS ................................................................................................................... 164 ASSIGNMENT 13 ANSWERS ................................................................................................................... 167

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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ENT 1 ANSWERS Q. Describe thestages of thelegal writing process.

Answer: There are three stages of thelegal writing process.

1. Pre-writing stage: This is theinitial stage where theassignment is planned, investigated, and analysed.

2. Writing stage: This is thesecond stage of thelegal writing process where theideas, research, and analysis are all assembled into a written product.

3. Post writing stage: This is thefinal stage where theentire assignment is reviewed, edited, and prepared in a final form.

ASSIGNMENT 2 ANSWERS Q. Describe thesteps of theprewriting stage.

Answer: thefollowing are thesteps of prewriting stage:

Step 1: One should make certain to comprehend theassignment.

Step 2: Select a particular topic to write about.

Step 3: Think about thereaders of thewriting.

Step 4: Brainstorm ideas about thesubject of writing, develop new ideas, and organize them systematically.

Step 5: © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Create a plan for writing.

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ASSIGNMENT 3 ANSWERS Q. Describe thetypes of legal writing discussed in this chapter.

Answer: thefollowing are thekinds of legal writing given in this chapter:

1. Law Office Legal Review and Study Memoranda: In this type of legal writing, a researcher may be tasked with researching and assessing thelaw that pertains to a client's case. thegoal of thelaw office legal memorandum is to inform thereader of theresearch and review conclusions. thetask might be as simple as identifying thelaw or case law that governs a legal issue or as complex as identifying theissues in thecase and reviewing therelevant legal precedent.

2. Correspondence: There are various types of correspondence that a paralegal or law clerk may be required to, including requests for information, mediation offers, notifications of upcoming events like hearing dates, and so on. thetask may entail creating a draught letter that will be submitted to theclient and advise them of thelaws that apply to them and how to apply them. They may make a copy of theletter that theattorney will send to theclient. But neither theparalegal nor thelaw clerk may give theclient legal advice.

3. Court Briefs: theprosecutor's legal position and thelegal evidence supporting it are contained in thecourt brief, a document that has been filed with thecourt. Court briefs come in two basic categories: Trial court briefs and Appellate court briefs.

- Trial Court Briefs: theattorney may be required by thecourt to provide a brief in support of thestance they have taken on thecase's legal contention. thecourt often submits a brief in support of or against a petition that has been filed with thecourt.

- Appellate Court Briefs: A notice of appeal is a document filed with theJustice Department's court of © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

appeal.

In support

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of theclient's position on theappeal, it lays out thelegal justifications and authorities. It aims to persuade theappellate court to side with theclient.

ASSIGNMENT 4 ANSWERS Q. Why is thetype of audience important?

Answer: theaudience is thepeople or persons for whom themessage or legal writing is intended. It is important to know them (their needs, wants, values, societies they belong to, and customs) so that a better message can be crafted and they will receive it in thesame way it is intended. More importantly, knowing one‘s audience helps them in establishing credibility, trust, honesty, and loyalty among their clients.

ASSIGNMENT 5 ANSWERS Q. What are some of theconstraints that may affect your performance of an assignment? How do they affect your performance of an assignment?

Answer: Constraints are thepotential flaws that can impair theperformance of theassignment. thefollowing are theconstraints that may affect theperformance of theassignment:

1. Time: A time limit can control how well theassignment is completed. Many tasks have a due date. To finish © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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within theallotted time, one must first set a time restriction and then allot a specific amount of time at each stage. One can get distracted or stuck in one stage and not leave enough time to finish thetask effectively if they don't manage their time well or stick to thetime allotted. If one does not have thetime to properly convert theresearch and analysis into a written form, it isn't a good idea to extensively study and analyze thesubject.

2. Length: There may be a time limit on theassignment. It may be limited in length by thesupervising attorney to a specific number of pages. If that is thecase, one should start by keeping thetime restriction in mind. Naturally, one must compile all pertinent legislation. To ensure that no pointless data is gathered, thestudy must be tracked, nevertheless. Think about how much of theinformation gathered may be used in thewriting while keeping thelimitations of space in mind. Additionally, one should plan their writing in such a way in order to leave enough space for each component.

3. Format: Most types of legal writing, such as case briefs, memoranda, and correspondence, are arranged and formatted according to norms or guidelines that are common to all law firms. thekind and presentation of briefs and other materials filed with thecourts are governed by specific rules. As theassignment must be planned within therestrictions of therequired format, theformat must be established at thestart of theprewriting process.

ASSIGNMENT 6 ANSWERS Q. What is an expanded outline? Describe thecreation and elements of thebody of an expanded outline for an office legal memorandum.

Answer: An expanded outline is a general plan of theinformation that will be presented. theframework demonstrates thehierarchy of thedifferent subjects, their respective importance, and theconnections between them. thegeneral to thespecific order is theone employed in outlines most frequently. This implies that one can start with a broad concept and then support it with concrete instances.

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Creatio n of an expand

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ed outline: 1. Change theoutline into a broad, functional form. Make separate pages, or use many sheets of 3-hole or binder paper. If a person intends to utilise a computer, then at thestart of a separate page, label each of theoutline's divisions and sub-sections (e.g., write one page at thetop of thepage, "Issue," at thetop of another "Facts" list, and so on).

2. When conducting research and analysis, incorporate concepts, studies, and research into theplan. One should enter their findings on therelated page of theextended outline as they conduct research and come up with thoughts about every area of thecase.

Elements of an expanded outline: 1. Issue 2. Recitation of thefacts 3. Analysis and use i.

Adopted laws are subject to therule of law, which governs thesituation.

ii.

If necessary, case read therule.

A. Term or quotation B. A brief factual summary demonstrating that thecase is relevant.

C. The law that thecourt applied and that is relevant to theclient's case.

D. A discussion of how theclient's case compares to thelegal principles outlined in thecourt ruling.

iii.

Counter analysis

4. Conclusion-summary of theanalysis

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ASSI GNM

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ENT 7 ANSWERS Q. Describe theuse of an expanded outline in thepreparation of an office legal memorandum.

Answer: Expanded outline is extremely important as it allows to enter theconcept or answer immediately in theappropriate segment. thefollowing are theuses of theexpanded outline:

1. Ideas don't get lost. thethought won't be lost if one can swiftly write it down in theappropriate place.

If one records thoughts in thesection where they are written, misunderstanding can be avoided. If one has thebinder with theenlarged outline nearby during theprewriting phase and puts every concept in its proper place as soon as it enters one's mind, one will avoid confusion and theneed to waste time determining which ideas belong where.

2. Writing gets simpler. All of one's thoughts are in order and each has a place when one sits down to write. theextra step of organizing thoughts is not time-consuming. As they occur, ideas are immediately sorted.

3. When using case law, one can take notes on anything they might require and add it to their broad outline after reading thecase. Why spend more time on thesame case? One can place a copy of thecase in theoutline, if necessary.

4. If there is a likelihood that theinformation will be useful in an event, take note of it right away and add it to thecase page that applies to it in theoutline. One can save time by not having to read back portions of thescenario.

ASSIGNMENT 8 ANSWERS Q. What are some of therules to keep in mind during thewriting stage? © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Answer : thefollo

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wing are therules to keep in mind during thewriting stage:

1. Restrict interruptions in work.

2. Start writing right away without procrastination.

3. Start with thesection of theassignment, one feels more confident about.

4. Avoid trying to make thefirst draft thefinal draft.

5. Develop a timeline and adhere to it.

6. If one is stuck at some point in theproject, move to thenext section of theassignment.

ASSIGNMENT 9 ANSWERS Q. Prepare a checklist for revising and editing. Include materials related to parts of speech, grammar, and sentence and paragraph structure from Chapter 14.

Answer: Revision refers to theprocess of making changes related to thecontents and parts of speech.

Editing refers to making changes in sentences to convey their meaning in a concise way.

The following points are contained in thechecklist while revising thecontent:

1. The content should be well organized and written in an understandable manner.

2. Content must include theproper use of nouns, pronouns, adjectives, and adverbs.

3. Nominalization should be eliminated from thesentences to make them more concise.

4. Conjunction and proposition should be properly used in thesentence.

5. Legal citations are given in proper format.

The following points are contained in thechecklist while editing thecontent:

1. The © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

sentence must contain

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descriptive details.

2. Proper noun-pronoun and verb-noun agreements should be used in thesentence.

3. Suitable upper case and lower-case fonts should be used in thesentence.

4. Properly check thespelling of all thewords.

5. Proper use of punctuation marks should be done in thesentence.

6. A paragraph should be read twice to find any missed errors.

ASSIGNMENT 10 ANSWERS Q. What are thegeneral factors to keep in mind when engaging in research?

Answer: thegeneral factors that are required to be kept in mind when engaging in research are as follows:

1. Prepare and use an expanded outline when conducting research. For that purpose, thechart can be inserted in an expanded outline.

2. Identification of theissue first. Identification of issues will be helpful in recognizing theareas of law that are required to be researched.

3. Research one issue at a time. Researching several issues at a time leads to confusion, thus, this practice should be avoided.

4. Become familiar with thelaw. For that purpose, legal encyclopedias and treaties can be used to obtain a general overview of thelaw.

5. Locate theenacted law first. For this purpose, statute and constitutional provisions can be used.

6. Ensure that theresearch is current. For this purpose, supplement and standardized cases can be used to ensure that theauthority located is current.

7. Locate therelevant case law that may apply to theresearch. For this purpose, first of all, mandatory precedent is located and then secondary authority is located.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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ENT 11 ANSWERS Q. theparalegal is assigned thetask of preparing an office legal memorandum. thememorandum is due in 10 days, and there is a five-page limit. thefacts and law are as follows: Facts Jae was Quinn‘s stockbroker and financial advisor. Quinn owned five acres of property. Jae advised Quinn to sell theproperty to Asa at a price slightly below themarket value. Jae recommended that Quinn buy stock with theproceeds. Quinn sold theproperty to Asa and now wants to have thetransaction set aside on thebelief that Jae unduly and improperly influenced thedecision to sell theproperty. Jae and Asa are very close friends.

Law Statutory law (§ 96-4-4-1 of thestate statutes) provides that a contract for thesale of land may be set aside if it is entered into under undue influence.

Case Law Lorn v. Bell. In a fact situation similar to Quinn‘s, thecourt ruled that under § 96-4-4-1, undue influence occurs when: 1. theperson influenced is susceptible to undue influence.

2. theperson influenced is influenced to enter thecontract.

3. theopportunity to influence is present.

4. Undue influence is present.

5. theperson exercising theundue influence benefits from theundue influence.

Part A Detail theapplication of each step of theprewriting stage to this assignment.

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Part B For theorgan ization

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step of theprewriting stage, prepare an expanded outline based on theoutline presented in section IV.A.3.c(ii) in this chapter.

Part C Based only on thepreceding information, fill in theexpanded outline. Include a statement of theissue, analysis, counter-analysis, conclusion, and recommendations.

Answer: Part A The stages of thewriting process are divided into three sections which are as follows:

1. Assignment: thefirst step in thewriting stage is to read theassignment to understand it properly. While reading theassignment three questions must be addressed and these are as follows: ―whether themission is well understood or not‖.‖ what type of legal document is required?‖ and ―who is theaudience?‖. To make theassignment more understandable, it becomes vital to summarise theassignment. thenext step in legal research is to choose theform of writing. There are different forms of writing available such as legal office memoranda, correspondence, and court briefs. thelast step is theidentification of theaudience. It is done in a manner to make thereader able to comprehend theassignment properly.

2. Constraints: thenext step in theprewriting stage is to find out thepossible contains that may affect theperformance of theassignment. There are three main constraints that may affect theperformance of theassignment such as time, length, and format.

3. Organization: Organization of format is thesecret behind good legal writing in theprewriting stage. theassignment must be organized when it is written. This work is accomplished by thedevelopment of an outline. theoutline is theorganizational framework of legal writing.

Part B The extended outline of theassignment in theprewriting stage contains three elements which are as © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

follows:

1.

T he

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meaning of theoutline.

2. The creation of theoutline 3. The use of an outline.

The outline for thegiven assignment is as follows:

Quinn has five acres of property. Jae was his financial advisor. One day, Jae advised Quinn to sell his property to Asa at a price lower than themarket price. Quinn agreed and sells his property to Asa to make a profit. Now, Quinn wants to have thedeal set aside because he feels that Jae has influenced his decision to sell theproperty improperly. Asa and Jae are friends.

Part C Statement of issue: theissue raised in thegiven scenario is related to theundue influence of Jae over Quinn which impacts his decision to sell theproperty to Asa.

Analysis of facts: thefacts for thecase to be analysed are as follows: 1. Jae and Asa are friends.

2. Jae has wrongly influenced thedecision of Quinn to sell theproperty to Asa. 3. The property is sold to Asa at a lower price.

Counteranalysis: thecounter-analysis in thegiven case can be raised by Jae by stating he has not influenced thedecision of Quinn.

Conclusion: According to law § 96-4-4-1, any person can set aside thedeal if thecontract has been entered under influence. Thus, Quinn‘s deal with Asa is set aside.

Recommendation: therecommendation can be for Quinn. Quinn should not have sold his property to Asa © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

on thereco mmenda

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tion of Jae.

ASSIGNMENT 12 ANSWERS Q. theparalegal is assigned thetask of preparing an office legal memorandum. thememorandum is due in seven days, and there is a five-page limit. thefacts of thelaw are as follows: Facts The client, Jim, a 15-year-old boy, had a small single blade pocketknife in his backpack. He had used thebackpack several weeks ago when he went on an overnight fishing trip with his dad. theknife was a typical pocketknife. It was 2-½ inches long when folded and theblade was 2 inches in length. theblade locked into place when theknife was opened. theblade was sharp on one edge and had a pointed tip. Jim forgot theknife was in his backpack; it had slipped into thebottom corner and he had not noticed it in thepack since thefishing trip. Another student told a teacher he saw theknife in theclient‘s backpack theday before.

Law The state criminal statute § 13-3102 provides: A person commits misconduct involving weapons by knowingly possessing a deadly weapon on school grounds. thecriminal code § 13-105 defines ―knowingly‖ as ―a person is aware or believes that theperson‘s conduct is of that nature or that thecircumstances exist. It does not require any knowledge of theunlawfulness of theact or omission.‖

Case Law In re Vincent V. In a fact situation similar to Jim‘s, thecourt ruled that a deadly weapon is ―anything that is defined as lethal use.‖ thecourt further held that thedetermination of whether a knife is a deadly weapon under § 13-3102 depends on the―size, shape, sharpness, and type of knife.‖

Part A © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Detail theappli cation of

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each step of theprewriting stage to this assignment.

Part B For theorganization step of theprewriting stage, prepare an extended outline based on theoutline presented in section IV.A.3.c(ii). Note there are two issues in this assignment, one involving the―knowingly‖ element, theother involving the―deadly weapon‖ element.

Part C Based only on thepreceding information, fill in theexpanded outline. Include a statement of theissue, analysis, counter-analysis, conclusion, and recommendations.

Answer: Part A The stages of thewriting process is divided into three sections which are as follows:

1. Assignment: thefirst step in thewriting stage is to read theassignment to understand it properly. While reading theassignment three questions must be addressed and these are as follows: ―whether themission is well understood or not‖.‖ what type of legal document is required?‖ and ―who is theaudience?‖. To make theassignment more understandable, it becomes vital to summarise theassignment. thenext step in legal research is to choose theform of writing. There are different forms of writing available such as legal office memoranda, correspondence, and court briefs. thelast step is theidentification of theaudience. It is done in a manner to make thereader able to comprehend theassignment properly.

2. Constraints: thenext step in theprewriting stage is to find out thepossible contains that may affect theperformance of theassignment. There are three main constraints that may affect theperformance of theassignment such as time, length, and format.

3. Organization: Organization of format is thesecret behind good legal writing in theprewriting stage. theassignment must be organized when it is written. This work is accomplished by thedevelopment of © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

an outline. theoutli ne

is

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theorganizational framework of legal writing.

Part B The outline of thecase is as follows:

The client, Jim is a 15-year-old boy. He had a knife in his backpack. He used that backpack while going on a fishing trip with his father. Since then, theknife was in his backpack and he had not noticed that. theknife is typically a pocket knife and had 2 inches of blades in length. theblades got locked into place when theknife was opened. theknife was not noticed by Jim since it was slipped into thecorner of thebackpack. Another student noticed theknife in thebackpack and informed, about thesame to theteacher.

Part C The issue of thecase: theissue of thecase is related to thefact that Jim has committed misconduct by having a deadly weapon on school grounds.

Analysis: theanalysis can be made on thebasis of thefollowing grounds: 1. Jim did not know that his backpack contained a pocket knife.

2. Jim had taken thebackpack to school.

3. Jim had not harmed anyone with that weapon.

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Conclus ion: As per

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thestatute § 13-3102, Jim has committed misconduct by knowingly taking a deadly weapon to school grounds.

Counteranalysis: thecounter-argument can be raised by Jim by stating that theact was done by him unknowingly.

Recommendation: therecommendation is for Jim that before going anywhere he should check his backpack.

ASSIGNMENT 13 ANSWERS Q. thefollowing assignment is based on an assignment of your instructor‘s choosing in Chapter 17. Use theassignment memo, statutory law, and case law from that assignment. thememo is due in seven days, and there is a five-page limit.

1. Describe in detail theapplication of each step of theprewriting stage to theassignment.

For theorganization step of theprewriting stage, prepare an expanded outline based on theoutline presented in section IV.A.3.c of this chapter. Using theinformation presented in theassignment, fill in theexpanded outline. Include in the―Issue‖ section of theoutline a broad statement of theissue and at least one narrow statement of theissue.

Answer: theAssignment Chosen is Assignment 7 of chapter 17.

The stages of thewriting process are divided into three sections which are as follows:

1. Assi © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

gnment : thefirst step

in

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thewriting stage is to read theassignment to understand it properly. While reading theassignment three questions must be addressed and these are as follows: ―whether themission is well understood or not‖.‖ what type of legal document is required‖ and ―who is theaudience‖. To make theassignment more understandable, it becomes vital to summarise theassignment. thenext step in legal research is to choose theform of writing. There are different forms of writing available such as legal office memoranda, correspondence, and court briefs. thelast step is theidentification of theaudience. It is done in a manner to make thereader able to comprehend theassignment properly.

2. Constraints: thenext step in theprewriting stage is to find out thepossible contains that may affect theperformance of theassignment. There are three main constraints that may affect theperformance of theassignment such as time, length, and format.

3. Organization: organization of format is thesecret behind good legal writing in theprewriting stage. theassignment must be organized when it is written. This work is accomplished by thedevelopment of an outline. theoutline is theorganizational framework of legal writing.

The outline of thecase is as follows:

Mr. Canter robbed theFirst State bank on January 5. As he entered thebank, he pulled out a wooden replica Beretta handgun from his pocket. He had drilled a hole in thebarrel to make it look like a real Beretta. He put thewooden replica on theteller‘s head. theteller got frightened and did not notice that it was fake. However, theother teller noticed that it was fake.

A broad statement of theissue: Whether Canter committed any bank robbery using a deadly weapon?

Narrow statement of theissue: Can a person be found guilty to have committed any bank robbery by use of force, violence, or by intimidation?

Sol © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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on and Answer Guide LEGAL RESEARCH, ANALYSIS, & WRITING 9780357619445; CHAPTER 16: OFFICE LEGAL MEMORANDUM: ISSUES AND FACTS

TABLE OF CONTENTS ASSIGNMENT 1 ANSWERS ........................................................................................................................ 169

ASSIGNMENT 1 ANSWERS Q. For thememo or web-based assignment(s) presented at theend of Chapter 17 and as designated or chosen by your instructor, prepare thefollowing sections of an office memo: heading, statement of assignment, issue, brief answer, and statement of facts. Use theformat and guidelines presented in this chapter when performing this assignment.

Answer: theAssignment chosen is Assignment 7 of chapter 17.

Heading: To: Paralegal From: Supervising attorney Re: United States Vs. Canter

Stateme © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

nt

of

assignm ent:

It

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has been asked to determine whether there is sufficient evidence to prove thecharge that Mr. Canter has robbed thebank by using a deadly weapon.

Issue: According to statutory law 18 U.S.C.§ 2113(a)& (d), can Mr. Canter be fined?

Brief answer: Yes, Mr. Canter is fined and imprisoned for not more than 20 years, because he has used force, violence, and intimidation under this section to rob thebank. Thus, he has committed a crime.

Statement of facts: thestatement of facts is as follows: Mr. Canter robbed theFirst State bank on January 5. As he entered thebank, he pulled out a wooden replica Beretta handgun from his pocket. He had drilled a hole in thebarrel to make it look like a real Beretta. He put thewooden replica on theteller‘s head. theteller got frightened and did not notice that it was fake. However, theother teller noticed that it was fake.

Solution and Answer Guide LEGAL RESEARCH, ANALYSIS, & WRITING 9780357619445; CHAPTER 17: OFFICE LEGAL MEMORANDUM: ANALYSIS TO CONCLUSION

TABLE OF CONTENTS ASSIGNMENT 1 ANSWERS ........................................................................................................................ 171 ASSIGNMENT 2 ANSWERS ........................................................................................................................ 172 ASSIGNMENT 3 ANSWERS ........................................................................................................................ 173 ASSIGN © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

MENT

4

ANSWE

RS ....................................

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ASSIGNMENT 5 ANSWERS ..................................................................................................................... 176 ASSIGNMENT 6 ANSWERS ..................................................................................................................... 177 ASSIGNMENT 7 ANSWERS ..................................................................................................................... 179 ASSIGNMENT 8 ANSWERS ..................................................................................................................... 182 ASSIGNMENT 9 ANSWERS ..................................................................................................................... 183 ASSIGNMENT 10 ANSWERS ................................................................................................................... 185 ASSIGNMENT 11 ANSWERS ................................................................................................................... 187 ASSIGNMENT 12 ANSWERS ................................................................................................................... 190 ASSIGNMENT 13 ANSWERS ................................................................................................................... 193 ASSIGNMENT 14 ANSWERS ................................................................................................................... 194

ASSIGNMENT 1 ANSWERS Q. Detail theprocess for presenting a case in theanalysis section of an office memo.

Answer: theprocess of presenting a case in theanalysis section of an office memo is based on theIRAC approach. It stands for issue, rule, analysis, and conclusion.

Issue: theissue is presented at thebeginning of thememo, which includes themain case and theparties involved in theissue.

Rule of law: thesecond step is to address how thelaw applies to theissue. It also involves theapplication of rule of law to theclient‘s case. Under it, thegoverning law can be enacted law or case law depending on theprovi © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

sion and sections

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of thecase.

Analysis: This section is composed of thefollowing statements.

1. The Name and citation of thecase.

2. The Facts of thecase.

3. Identification of rule of law adopted by thecourt.

4. A brief statement of why thecourt ruled as it did.

Conclusion: A separate conclusion section is helpful in summarizing theentire memo.

ASSIGNMENT 2 ANSWERS Q. Detail theformat of theanalysis section of an office memo.

Answer: theformat of theanalysis section of an office memo is as follows:

Part A: Rule of law

Part B: Case law 1. Name of thecase 2. Facts of thecase 3. The © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

legal principl e

from

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thecase applies to theclient‘s case.

Part C: Application of law to theclient‘s case.

Part D: Counteranalysis

ASSIGNMENT 3 ANSWERS Q. Describe what should and should not be included in theconclusion section of an office memo.

Answer: A conclusion section is thesummary of theentire memo.

However, it should include thefollowing information:

1. It must summarize theconclusion reached in theanalysis section.

2. It must include a summary of all thelaws discussed in theanalysis section.

3. It should have fewer introductory and transitional sentences.

4. It must include a reference.

The following information should not be included in theconclusion section.

1. It should not introduce any new information and authority.

2. It should not repeat thebrief answer.

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ASSIGNMENT 4 ANSWERS Q. To: Paralegal From: Supervising Attorney Re: New Mexico v. Deiter; lawfulness of thesearch of a freezer Our office represents Joseph and Josephine Deiter in New Mexico v. Deiter. After meeting with Ms. Deiter and reviewing thepolice report, I am concerned thesearch of her home was unlawful. theAtrisco police department received a call about a domestic disturbance at 505 Sandia Street. Two officers went to thehouse and heard several loud voices and thesound of a glass breaking when they arrived at thefront door. Officers knocked and announced their presence, and a woman opened thedoor. Officers asked if they could come in and if there was a problem at thehouse. thewoman stood aside and theofficers went in.

When officers entered thehouse, they saw broken glass on theliving room floor and smelled theodor of burnt marijuana. They also saw a pipe used for smoking marijuana. They did not see any marijuana. Mr. Deiter was sitting on thesofa. thewoman volunteered that Mr. Deiter threw a glass at her and officers arrested him for domestic assault. This enraged Ms. Deiter who then spat on one of theofficers. She was arrested for assault on a police officer. Officers then conducted a protective sweep to make sure no one else was in thehouse. In looking in thekitchen for additional persons, Officer Smith, having been taught people often keep marijuana in thefreezer, opened thefreezer and found four bags weighing one ounce each of marijuana. Based on theseizure of themarijuana, theDeiters was also charged with possession of a controlled substance.

Review theapplicable state search and seizure provision and case law creating theprotective sweep exception to thewarrant requirement to determine if thesearch of thefreezer was lawful.

Constitutional Law: Article 2, Section 10 of theNew Mexico Constitution states: ―The people shall be secure in their persons, papers, homes, and effects, from unreasonable searches and seizures, and no warrant to search any place, or seize any person or thing, shall issue without describing theplace to be © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

searched ,

or

theperso ns

or

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things to be seized, nor without a written showing of probable cause, supported by oath or affirmation.‖ Case Law: Case law creates an exception to thewarrant requirement of Article 2, Section 10, called a protective sweep. A court opinion that provides thedefinition of protective sweep and applies theelements of that definition is New Mexico v. Zamora, 2005-NMCA-039, 137 N.M. 301, 110 P.3d 517 (see Appendix A).

Answer: Office legal Memorandum To: Supervising Attorney From: ABC Date: ABC Re: CR-20-142, DCR 20-356 Case: New Mexico, vs Deiter Statement of assignment: It has been asked to prepare a memo addressing thelawfulness of warrantless searches.

Issue: Does it lawful for police to conduct a search of thesuspect‘s freezer without any warrant?

Brief answer: No. It is unlawful for police to conduct a search of a suspect‘s freezer without any search warrant. Officers are just allowed to conduct a protective sweep not any thorough search of thesuspect‘s home.

Facts of thecase: theAtrisco police department had received a call concerning a domestic disturbance and sent two officers to Mr. Deiter's house. On reaching theresidence, thetwo officers smelled thepresence of © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

burnt marijua na.

Howeve

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r, no marijuana was in sight. Mr. Deiter had been found guilty of domestic assault and was arrested.

While conducting theprotective sweep, one of theofficers found thepresence of marijuana in thefreezer and charged Mr. Deiter with thepossession of thecontrolled substance.

Analysis: thesearch done by thepolice officers was unlawful since thepolice are allowed to conduct only a protective sweep which means theofficer can do a cursory inspection of thepremises. According to Article 2, section 10 of theNew Mexico constitution, thepolice are required to have a search warrant to conduct a search of thesuspect‘s home. However, thepolice have not got such a warrant. Thus, thesearch of thefreezer conducted by them was unlawful.

ASSIGNMENT 5 ANSWERS Q. To: Paralegal From: Supervising Attorney Re: Eldridge v. Matta; modification of child support We represent Gwen Eldridge in thecase of Eldridge v. Matta. thecouple was divorced in 2018. Gwen was awarded custody of thetwo minor children. Val Matta was ordered to make child support payments in theamount of $700 per month. Val became unemployed in January 2020 and was unemployed from that date through October 2020. Val then obtained employment as an electrician. Val Matta did not make child support payments for themonths of unemployment. In January 2021, Gwen Eldridge filed a motion with thecourt that entered thedivorce decree, seeking an order forcing Val to pay thechild support payments due for themonth's payments that were not made; theamount totaled $7,000. Val countered with a petition to modify thechild support obligation. thepetition requested that Val be excused from having to pay theobligations that accrued during theten months of unemployment. thecourt ordered Val to pay one-half of theamount due, $3,500, and excused payment of theremaining $3,500. thecourt stated that Val did not have to pay thefull amount because of being unemployed during themonths thechild support accrued. theattorney that represented Gwen in thetrial court told her that there is no basis for an appeal of thecourt order. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Please check thestatut

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ory and case law to determine if thetrial court acted properly when it excused Val Matta from paying $3,500 of theback child support.

Statutory Law: Ind. Code § 31-2-11-12, Modification of delinquent support payment, provides: Except as provided in subsection (b) …, a court may not retroactively modify an obligor‘s duty to pay a delinquent support payment. A court with jurisdiction over a support order may modify an obligor‘s duty to pay a support payment that becomes due: After notice of a petition to modify thesupport order has been given … to theobligee … and before a final order concerning thepetition for modification is entered.

Case Law: Cardwell v. Gwaltney, 556 N.E.2d 953 (Ind. Ct. App. 1990) (see Appendix A).

Answer: theanalysis of thecase is as follows: In thegiven case, themodification order given by thecourt related to thechild support system is justified.

Val lost his job and remained unemployed for a period of 10 months. Thus, during this period, he had no source of earnings. Then how can it be possible for Val to pay for thechild support? Also, according to statutory law provision §31-2-11-12, a court can modify its decision for child support obligation if there is reasonable cause that makes theterms of obligation unreasonable. And in thegiven scenario, thecause is Val‘s unemployment conditions. Also, thecourt is required to give proper notice regarding thepetition of modifying thechild support obligation to theobligee parent. But, in thegiven scenario, no such notice has been issued by thecourt. Thus, theobligee parent‘s attorney can file a case against this court order.

ASSIGNMENT 6 ANSWERS Q. To: Paralegal © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

From: Supervis ing Assistan

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t District Attorney Re: State v. Jamie Young; burglary charge On August 7, Jamie went to Coronado Mall and stole a coat hanger to use to break into cars parked at themall. themall parking lot was full and Jamie went unobserved. Jamie approached Karl Wilson‘s vehicle and noticed that thewindows were open about an inch. Jamie also observed Mr. Wilson‘s wallet on thefront seat. Unknown to Mr. Wilson, thewallet fell out of his pocket when he exited thecar. Jamie was unable to unlock Mr. Wilson‘s vehicle. However, after fashioning a hook, he was able to pull thewallet through theopen window. thewallet contained $300 and two credit cards, all of which Jamie took. I would like to charge Jamie with burglary. Does Jamie‘s use of thecoat hanger to retrieve thewallet constitute entry within themeaning of thestatute?

Please prepare a memo addressing this question.

Statutory Law: New Mexico Statute § 30-16-3. Burglary. Burglary consists of theunauthorized entry of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, with theintent to commit any felony or theft therein.

Case Law: New Mexico v. Muqqdin, 2010-NMCA-069, 148 N.M. 845, 242 P.3d 412 (see Appendix A).

Answer: Legal Office Memo To: Paralegal From: Supervising Attorney Re: State Vs. Jamie Young, Burglary Charge Statement of Assignment: It has been asked to determine whether theuse of a hanger by Jamie to retrieve thewallet constitutes entry under thestatute.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Issue: Accordi ng

to

statute

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§30-16-3, can Jamie be charged with theburglary?

Brief answer: Yes, Jamie was trying to break into Mr. Wilson‘s car with theintention to steal something.

Thus, he can be charged with thecrime of burglary.

Facts of thecase: Jamie was trying to break into Mr. Wilson‘s car. However, he was not able to do so. He pulled out a wallet from thecar window by using a coat hanger. He stole some money and credit cards from thewallet. Now, Mr. Wilson charged him with burglary.

Legal principle: thestatute § 30-16-3 states burglary as unauthorized entry into any vehicle, dwellings, or watercraft with theintention to commit any theft.

Application of thelegal principle: According to theprovision of section 30-16-3, a person can be charged with burglary if there is sufficient evidence to prove that theperson had an intention of burglary. In thegiven case, Jamie's intention is clear he wants to steal something from thecar. That‘s why he has taken a coat hanger with him. He wanted to enter thecar but he was not able to do so. But his actions constitute entry in burglary section 30-16-3. Thus, he has committed burglary under this section.

Counter analysis: thecounter-argument can be raised by Jamie by stating that his action constitutes theft, not burglary since he was not able to enter thecar.

ASSI © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

GNM

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ENT 7 ANSWERS Q. To: Paralegal From: Supervising Attorney Re: United States v. Canter; armed bank robbery with a dangerous weapon We have been appointed to represent Eldon Canter in thecase of United States v. Canter. Mr. Canter is charged with one count of armed bank robbery, in violation of 18 U.S.C. § 2113(a) and (d). On January 5 of this year, Mr. Canter robbed theFirst State Bank. After he entered thebank, he approached a teller and pulled from his pocket a crudely carved wooden replica of a 9 mm Beretta handgun. He had carved thereplica from a block of pinewood and stained it with dark walnut wood stain to make it look black. He drilled a hole in thebarrel end in an attempt to make it look like a real Beretta. theteller was so frightened that he only glanced at thewooden gun. He believed it was real. theteller at thenext window looked at thereplica and afterward stated that she was fairly certain at thetime that it was fake. No one else noticed whether thewooden replica was real.

Please determine whether, in light of thefacts of this case, there is sufficient evidence to support thecharge that Mr. Canter committed bank robbery by use of a ―dangerous weapon.‖ Statutory Law: 18 U.S.C. § 2113(a) & (d), Bank robbery and incidental crimes, provides: a. Whoever, by force and violence, or by intimidation, takes, or attempts to take, from theperson or presence of another … any property or money or any other thing of value belonging to, or in thecare, custody, control, management, or possession of, a bank….Shall be fined under this title or imprisoned not more than 20 years, or both. b. Whoever, in committing, or in attempting to commit, any offense defined in subsections (a) and (b) of this section, assaults any person, or puts in jeopardy thelife of any person by use of a dangerous weapon or device, shall be fined under this title or imprisoned not more than 25 years, or both.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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Case Law: United States v. Martinez-Jimenez, 864 F.2d 664 (9th Cir. 1989) (see Appendix A).

Answer: Legal Office Memo To: Paralegal From: Supervising Attorney Re: United States Vs. Canter

Statement of assignment: It has been asked to determine whether there is sufficient evidence to prove thecharge that Mr. Canter robbed thebank by using a deadly weapon.

Issue: According to statutory law 18 U.S.C.§ 2113(a)& (d), can Mr. Canter be fined?

Brief answer: Yes, Mr. canter is fined and imprisoned for not more than 20 years, because he has used force, violence, and intimidation under this section to rob thebank. Thus, he has committed a crime.

Statement of facts: thestatement of facts is as follows: Mr. Canter robbed theFirst State bank on January 5. As he entered thebank, he pulled a wooden replica Beretta handgun from his pocket. He had drilled a hole in thebarrel to make it look like a real Beretta. He put thewooden replica on theteller‘s head. theteller got frightened and did not notice that it was fake.

However, theother teller noticed that it was fake.

Analysis: thestatutory law 18 U.S.C.§2113 defines bank robbery as theuse of force, violence, or intimidation by a person to take theproperty of another person. whoever is charged with imprisonment of not more than 20 years and a fine. In thegiven scenario, Mr. canter used force and intimidation to take money that was in thecontrol and management of theteller. Thus, he has committed a crime under this section © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

and

is

charged with

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imprisonment of not more than 20 years and a fine or both.

ASSIGNMENT 8 ANSWERS Q. To: Paralegal From: Supervising Attorney Re: Hatch v. Transcontinental Railroad Company; prescriptive easement Our office represents Alejandro Hatch, farm owner, in an action against theTranscontinental Railroad Company. Mr. Hatch acquired thefarmland five years ago. Unbeknownst to him, theprior owner had entered into an easement agreement nine years ago with Transcontinental allowing thecompany to spray herbicides along theedge of thefarm bordered by therailroad tracks for purposes of keeping thetracks and area around thetracks clear of weeds and ―nuisance‖ plants. theeasement allowed spraying up to 15 feet into thefarmland from east of theexisting tracks. Although theprior owner and therailroad drafted appropriate easement documents, theeasement was never properly recorded. In thelawsuit, we have alleged Transcontinental‘s activities on theeasement land has damaged farmland beyond theeasement and caused loss of crops. Mr. Hatch never saw any activity of chemical spraying by therailroad thefirst three years he owned thefarm. However, he did notice that crops from therailroad track up to 25 feet into thefarmland were often stunted and failed to thrive on theedge of thefarm where theeasement was located (although

as noted above he did not know of theeasement). Two years ago, Mr. Hatch began to amend thesoil in thearea of theeasement to improve crop growth. His efforts were to no avail. In his efforts to improve growth, he spent more time walking that area of thefarm and began to notice a white residue on thecrops in April, June, and August. Last year, in June, was thefirst time Mr. Hatch saw a railroad vehicle going © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

along thetrack with men

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walking alongside thevehicle spraying a liquid from a container in thebed of thevehicle. His crops were subsequently covered in white residue. Transcontinental has asserted it has a prescriptive easement. Based on theabove facts please analyze whether there is a prescriptive easement.

Rule of law: There is no applicable statutory law. Case law requires theparty asserting a prescriptive easement to show: (1) that it actually and visibly used theland allegedly subject to theeasement for a specific purpose for ten years, (2) that theuse began and continued under a claim of right, and (3) that theuse was hostile to theplaintiff‘s title. Paxson v. Glovitz, 203 Ariz. 63 (App. 2002).

Case law: A court opinion that applies theelements of a prescriptive easement is: C & G Les Springs Family Home, LLC v. Hinz, 1-CA-CV-2008-0442 (Ariz. Ct. App., Div. 1 2009) (see Appendix A).

Answer: theanalysis of thecase is as follows: According to therule of a prescriptive easement, a person can gain theright of prescriptive when he has been using thedisputed land for a period of ten years and theuse began and is continued under a claim of right. Also, theusage of land is hostile to theplaintiff‘s title. But in thegiven case, Company transcontinental has not been using theland for ten years rather theusage started nine years back and was not continued as stated in theagreement. theusage of land by thecompany is imperfect since it does not fulfill all theformalities of land authorization. Thus, thecompany has no right related to theperspective easement of thedisputed land.

ASSIGNMENT 9 ANSWERS Q. To: Paralegal From: Supervising Attorney Re: Loya v. Department of Child Safety; terminations of parental rights Our client, Ollie Loya, has sought our firm‘s representation in a termination of parental right matter. Mr. Loya was released last year from prison after serving a two-year sentence for thebattery. He was out of © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

custody for

six

months

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before being convicted of aggravated battery (with a deadly weapon). His release date would be in six years. Mr. Loya‘s son was eighteen months old when Mr. Loya was first incarcerated. He was three-anda-half years old at thetime of Mr. Loya‘s most recent release. theson would be ten years old when Mr. Loya is released from themost recent conviction. themother of thechild had custody of Mr. Loya‘s son while Mr. Loya was first incarcerated. theDepartment of Child Safety (DCS) recently took thechild from themother because of abuse and neglect charges. DCS initiated termination proceedings against themother and Mr. Loya, and themother voluntarily surrendered her rights. Mr. Loya was present in thehome with thechild prior to thefirst period of incarceration. However, there are multiple police reports indicating violence between Mr. Loya and his son‘s mother, and Mr. Loya has candidly admitted there was violence in front of thechild during that period. DCS has presented us with documentation that Mr. Loya has not provided financial support for his son since his first incarceration. Mr. Loya has provided us with documentation of sending letters and cards to thechild while he was incarcerated. DCS has a paternal family relative willing and approved to adopt thechild.

Please analyze whether there are sufficient facts to lead a court to find clear and convincing evidence there is a basis to terminate Mr. Loya‘s parental rights to his son.

Rule of Law: Arizona statutes section 8-533(B) allows a superior court to terminate parental rights upon clear and convincing evidence of at least one of several grounds listed in thestatute. Section 8-533(B)(4) allows termination on thebasis ―that theparent is deprived of civil liberties due to theconviction of a felony if thefelony of which theparent was convicted is of such a nature as to prove theunfitness of that parent to have future custody and control of thechild including … thesentence of that parent is of such a length that thechild will be deprived of a normal home for a period of years.‖ Case Law: A court opinion discussing thelength of incarceration as thebasis for termination is Erik T. v.

Departm © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

ent

of Child

Safety, S.T., 1-

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CA-JV-2015-0274 (filed Jan. 28, 2016) (see Appendix A).

Answer: theanalysis of thecase is as follows: According to section 8-533(B) of Arizona state statute, theparental rights of a parent can be terminated on thebasis of thefollowing grounds.

1. The parent is no longer financially fit to have custody of thechild.

2. The parent is deprived of civil liberties due to a conviction of a felony and a felony is of such nature that proves theunfitness of theparent to have custody of thechild.

3. The imprisonment of theparent is of such length that it deprived thechild of normal living conditions for a number of years.

In thegiven scenario, Mr. Loya had a violent relationship with thechild‘s mother. It would have a bad effect on thephysical and mental health of thechild, when he would be released from prison, his son's age would be 10 years. Till that period, his son would be deprived of normal living conditions. Also, thelegal provisions applicable in this case raised question marks on Mr. Loya‘s capability for being a father. Thus, all this evidence proved that theparental rights of Mr. Loya should be terminated.

ASSIGNMENT 10 ANSWERS Q. To: Paralegal From: Supervising Attorney Re: Mad Dog Review v. Jonesville; First Amendment—freedom of expression We represent Mad Dog Review, a local rap band. As you know, this is a controversial group. thelyrics of one of their songs, ―Mad Dog City Council,‖ describes our city council in explicit terms using ―dirty‖ words and language generally considered obscene. Based on thelanguage in their songs, and specifically that in ―Mad Dog City Council,‖ thecity council of Jonesville (a neighbouring municipality) has banned thegroup from performing in their community. theJonesville city council based its authority to enact theban on Municipal Ordinance section 355-20. theordinance provides: ―The City Council, upon majority © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

vote, may prohibit

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thepublic performance of any type of entertainment that does not comport with local standards of decency or acceptability.‖ theordinance does not define ―local standards of decency or acceptability‖ or provide any standards or guidelines that thecity council must follow. Mad Dog Review wants to challenge theauthority of theJonesville city council to ban its performance. Please prepare an office memorandum addressing thequestion of whether themunicipal ordinance violates thegroup‘s right to freedom of expression.

Rule of Law: First Amendment to theUnited States Constitution (U.S. Const. Amend. I).

Case Law: Assume that theonly case law governing this question is Atlantic Beach Casino, Inc. v.

Morenzoni, 749 F. Supp. 38 (D.R.I. 1990). therelevant portions of thecase are presented at theend of this chapter.

Answer: Office Memorandum

To: Supervising Attorney From: Paralegal Re: Mad Dog Review v. Jonesville; First Amendment—freedom of expression

Facts: One of thesongs by thelocal rap group Mad Dog contained offensive words. thecity council of Jonesville prohibited thegroup from performing there again. On thebasis of § 355-20 of theMunicipal Ordinance, thecity council passed theban. According to this law, thecity council has theauthority to forbid any sort of entertainment-related public performance that does not adhere to regional norms of decency and acceptability.

Issue: Whether theorder of city council is violating theband‘s right to freedom of expression? © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Analysi s: theband'

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s performances were outlawed by thecity council because several of its songs contained offensive language. They made their choice in accordance with therules outlined in thelocal ordinance. theordinance does not, however, offer any detailed instructions regarding theacceptable and decency criteria that apply locally.

Legal Principle: thefirst amendment prohibits thecreation of laws and regulations that restrict thefree exercise of a specific religion, thefreedom of thepress, or theright to free speech or to petition thegovernment for redress of grievances.

Application of Law: thegroup's first amendment right to freedom of expression is being restricted by not allowing them to perform in thecity, according to therules laid out in thefirst amendment of theUS constitution. Also, section 355-20 of theordinance was written in an unconstitutional manner.

Additionally, thedefendants have failed to establish that theband's public concerts have caused enough harm.

Counteranalysis: themunicipal council may make a counterargument based on a matter of public interest claiming that theband's challenge to their order is without merit. thecouncil ought to have had an initial chance to consider and make a decision about theissuance of theband's license. After thedecision, theband should have challenged against thedecision.

ASSIGNMENT 11 ANSWERS Q. Note: Assignments 11 and 12 were prepared by Mary Kubichek, JD, director of Paralegal Studies at Casper College in Casper, Wyoming. theinitial draft of themodel answer to each assignment included in theInstructor‘s Manual was prepared by Ms. Kubichek‘s students.

To: [Your name] © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

From: Supervis ing

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Attorney Re: Wright v. State; liability of State Universityfor battery of student

We represent Joe and Ann Wright, parents of Bob Wright, a freshman at State University of Generic who was living 400 miles from home. Bob lived in Smith Hall, a freshman dormitory. Bob wanted to be involved in school activities. theuniversity supported intramural sports activities where dorm students competed against other dorm students. Bob was not very athletic, and his dorm lost games because of his lack of skill and he often got in theway of his team. After a 0–4 record, Bob‘s teammates threatened him and told him to quit. Bob notified a counselor at theuniversity. Bob did not quit, and after two more losing games, he was beaten by three teammates. Bob, who is a diabetic, suffered a broken arm, had a fifth of alcohol poured down his throat, and required 40 stitches to his torso. Bob withdrew from the university. Bob‘s parents and Bob want to sue thecollege under thefollowing sections of thestate statute.

You are only to consider thefollowing statutes. Do not bring in any outside facts or law.

Statutes: a. Hazing is defined as follows: 1. Any willful action taken or situation created, whether on or off any school, college, university, or other educational premises, which recklessly or intentionally endangers themental or physical health of any student, or 2. Any willful act on or off any school, college, university, or other educational premises by any person alone or acting with others in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or maim, or to do or seriously offer, threaten, or attempt to do physical violence to any student of any such educational institution or any assault upon any such students made for © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

thepurp ose

of

committ ing any

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of theacts, or producing any of theresults to such student as defined in this section.

3. theterm hazing as defined in this section does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization.

4. theacademic institution, college, university, etc. is liable for hazing if: (i) it occurred by members of a campus group; (ii) it had notice.

Please draft an interoffice memorandum. Include thefollowing: To: From: Re: Facts: (Remember to include parties and what theclients want.)

Issue(s): (Remember that theissue or issues must include jurisdiction, key facts, and be in question form.)

Analysis: Conclusion:

Answer: Interoffice Memorandum:

To: Supervising Attorney From: Ann Wright Re: Wright v. State; Liability of theState University for thebattery of students.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Facts: After Bob was assaulte

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d by three students and made to drink alcohol despite having diabetes, Joe and Ann planned to file a lawsuit against theuniversity for theharm done to their child. Bob needed 40 stitches for his body and had a broken arm. Bob's parents were compelled to file a lawsuit against theuniversity, alleging damages suffered by their son, as a result of Bob‘s decision to withdraw from theinstitution.

Issue: Was theUniversity at fault for Bob‘s losses and injuries?

Analysis: According to thedefinition of Hazing, it is 1. Any negligent or intentional behaviour carried out or atmosphere created, on or off thepremises of a school, college, or other educational institution, that endangers thehealth of any student.

2. When someone or a group of individuals assault someone, bruise them, threaten them, or attempt to do so in a school, college, or other place of learning.

3. Athletic contests or events held at a college or other educational institution are not considered hazing. It is only applicable to those involved and thesituations brought about by joining or having a connection to any institution.

4. A college or other educational institution is responsible for hazing if: a. An institution member suffered harm. b. There was notice.

Conclusion: theclaim filed by Bob‘s parents will uphold because Bob was hurt on theinstitution's property. theinstitution is required to compensate for theharm that Bob experienced. Due to thefact that theincident occurred after theend of thedorm games, theuniversity is not eligible for compensation under Clause (3) of theHazing Act.

ASSIGNMENT 12 ANSWERS Q. To: Paralegal © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

From: Supervis ing

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Attorney Re: Begay v. City Airport; 42 U.S.C. § 2000e We represent Notah Begay. Notah is a twenty-five-year-old American citizen. He is olive-skinned, 6 feet 3 inches, 220 pounds with thick dark hair and a full beard. Notah applied for an airport security position.

He stated that he has filled out all forms. He was informed that he will not be hired. Notah‘s mother lives within pueblo lands within five miles of theairport security position. Notah argues that he is being discriminated against under 42 U.S.C. § 2000e-2(a)(1). Notah wants a job with airport security. You are to consider only thefollowing statutes.

Do not bring in any outside facts or law.

Statutes: 42 U.S.C. § 2000e-2 a. Employer practices It shall be an unlawful employment practice for an employer 1. to fail or refuse to hire or to discharge any individuals, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual‘s race, color, religion, sex, or national origin; or … b. National security

Notwithstanding any other provision of this subchapters, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individuals for any position, for an employer to discharge an individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if.

1. theoccupancy of such position, or access to thepremises in or upon which any part of theduties of such position © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

is perform ed or is

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to be performed, is subject to any requirement imposed in theinterest of thenational security of theUnited States under any security program in effect pursuant to or administered under any statute of theUnited States or any Executive order of thePresident; and …. (i) Businesses or enterprises extending preferential treatment to Indians.

Nothing contained in this subchapter (regarding national security) shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which preferential treatment is given to any individual because he is an Indian living on or near a reservation.

Please draft an interoffice memorandum. Include thefollowing: To: From: Re: Facts: (Remember to include parties and what theclients want.)

Issue(s): (Remember that theissue or issues must include jurisdiction, key facts, and be in question form.)

Analysis: Conclusion Answer: Interoffice memorandum To: Paralegal From: Supervising Attorney Re: Begay Vs. City Airport Facts: © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

A

25-

year-old America

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n Citizen, Notah, who has olive skin, and dark hair with a full beard applied for a security position at US Airport, but he was refused to be hired. His mother stays within a few miles of theairport security position. Now, he has charged theairport authority with discrimination charges and wants to have relief under theact.

Issue: According to statute 42 § U.S.C. 2000e-2 will it be considered an unlawful practice on behalf of theemployer when he refused to hire or fail to hire any person on thebasis of discrimination based on a person‘s religion, race, color, gender, religion, or national origin?

Analysis: According to title 42 of theU.S.C. theplaintiff, Notah, is required to prove thefact his race and color were themain reason behind therefusal of an employer to hire him for a security position. He is required to produce certain documents supporting thefact that his color was themain rationale behind theemployer's decision in order to thediscrimination relief under this section.

Conclusion: According to title 42 of theUS code, sufficient evidence is required to be produced by theplaintiff in order to sustain theunfair employment charges against theemployer.

ASSIGNMENT 13 ANSWERS Q. To: Paralegal From: Supervising Attorney Re: Espinosa v. Capital Insurance; contract breach We represent Emilio Espinosa. On May 2 of this year, Mr. Espinosa purchased a home from First City Bank. On that date, he purchased homeowner insurance from Capital Insurance Company. theBank had foreclosed on thehome on March 15, forty-eight days prior to Mr. Espinosa‘s purchase. Mr. Espinosa did not plan to move into thehome until July 1. On June 5, thirty-four days after Mr. Espinosa purchased thehome and signed thehomeowner insurance contract with Capital Insurance, copper thieves broke into thehome, tore into thewalls and ceiling, and stole thecopper water pipes. There was extensive damage to © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

thewalls and ceiling

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and water damage to thecarpet. theestimated repair costs were $19,000. thehouse was vacant from March 15, thedate of theforeclosure until thedate of thedamage, a period of eighty-two days. Paragraph 20 of theinsurance contract Mr. Espinosa signed with Capital Insurance excludes from coverage loss caused by ―theft or attempted theft, damage by burglars, … if thedescribed location: is held as a residence and has not been occupied as a residence for more than 60 consecutive days immediately before theloss.‖ Capital Insurance is denying coverage based on this section of thecontract. Please check thestatutory and case law to determine whether Capital Insurance can deny coverage based on this section.

Statutory Law: For thepurposes of this assignment, there is no statutory law that applies.

Case Law: Pappas Enterprises, Inc. v. Commerce & Industry Insurance Co., 422 Mass. 80, 661 N.E.2d 81 (1996) (see Appendix A).

Answer: As per thegiven case scenario, theCapital Insurance company is correct in stating that no one lived in thehome starting on March 15. However, according to thelaw, they would not cover thetheft if thehouse is unoccupied for more than 60 days in a row following theinsurance.

Despite thefact that thehouse remained unoccupied for more than 60 days, thecalculation for insurance coverage would take place from thedate, theinsurance contract was signed by Mr. Espinosa, which was May 2. And based on that, thetheft occurred just 34 days following theinsurance.

Thus, theinsurance company is liable to pay therepair cost to Mr. Espinosa.

ASSIGNMENT 14 ANSWERS Q. Based on your instructor‘s direction, perform any of theabove assignments using your state‘s enacted © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

case law.

Your instructo

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r may give you theapplicable law or you may be required to conduct independent research to locate theapplicable laws.

Use theappropriate citation manual to cite any legal authority you are provided (unless instructed otherwise).

Answer: theassignment chosen in assignment 7 of chapter 17. thestatute of bank robbery is same for theall states of America. thecitation of thecase referred to is United States VS. Martinez, 86 F.2d 664. theanalysis of thecase is as follows: The statutory law 18 U.S.C.§2113 defines bank robbery as theuse of force, violence, or intimidation by a person to take theproperty of another person. whoever is charged with imprisonment of not more than 20 years and a fine. In thegiven scenario, Mr. canter used force and intimidation to take money that was in thecontrol and management of theteller. Thus, he has committed a crime under this section and is charged with imprisonment of not more than 20 years and a fine or both.

Solution and Answer Guide LEGAL RESEARCH, ANALYSIS, & WRITING 9780357619445; CHAPTER 18: EXTERNAL MEMORANDA: COURT BRIEFS

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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TABLE OF CONTENTS ASSIGNMENT 1 ANSWERS ........................................................................................................................ 196 ASSIGNMENT 2 ANSWERS ........................................................................................................................ 198 ASSIGNMENT 3 ANSWERS ........................................................................................................................ 201 ASSIGNMENT 4 ANSWERS ........................................................................................................................ 202 ASSIGNMENT 5 ANSWERS ........................................................................................................................ 203 ASSIGNMENT 6 ANSWERS ........................................................................................................................ 204 ASSIGNMENT 7 ANSWERS ........................................................................................................................ 205 ASSIGNMENT 8 ANSWERS ........................................................................................................................ 209 ASSIGNMENT 9 ANSWERS ........................................................................................................................ 210

ASSIGNMENT 1 ANSWERS Q. Describe how to draft each of thefollowing components of a brief in a persuasive manner. Include theconsiderations involving organization, word choice, sentence structure, and so on. a. Issue b. Fact statement c. Point heading d. Argument

Answer: thefollowing are some recommendations to write thecomponents of a brief in a compelling manner:

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

a.

I ssue:

Finding

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theissue(s) in thecase is thefirst stage in writing a memo. theframing of issues must take into account factors including thestatute's application, therelevant factual issue, and thecrucial fact that favours theclient. thestatute controlling theissue, therelevant facts, and thekey questions must all be written in a way that will persuade theintended audience. b. Fact Statement: thecourt brief's statement of facts section details important historical developments and pertinent background information related to theissues discussed in thememorandum. thefacts that can support theparty must be underlined or highlighted, while thefacts that cannot support theparty must be neutralised.

The paralegal should take into account elements like word choice, sentence construction, and active voice in order to communicate information in a persuasive manner.

-

Sentence length- When drafting, theparalegal should use short sentences to communicate favourable facts because they grab thereader's attention and make theassertion clear, and extended words to state unfavourable facts about theclient in order to lessen theimpact of theinformation.

-

Word choice- theword chosen must be supportive of theclient's facts and strengthen theinformation's affirmative nature.

-

Use of theactive voice - thevoice used to build a sentence determines theactivity of thedoer, therefore, to demonstrate favourable facts, active voice should be used and to downplay theclient's actions, thepassive voice should be used.

c. Point heading: Each successfully written court brief includes a point heading that summarises thestance on theargument supported and aids thereader in concentrating on thepoint heading that is addressed at thestart of theargument and should be drafted persuasively. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

d.

A

rgumen t:

A case

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brief's arguments are its main component; they are written utilising elements including thestatute, a legal analysis, and statements of theclient's lawful position and thedefendant's incorrect stance. theorganisation component must be taken into account for theargument's persuasive presentation.

According to theorganisation, thearguments should be delivered in thefollowing order: theargument, thecounterargument, and theresponse. theway thearguments are presented makes it simple for thereader to remember thecrucial supporting evidence and apply therelevant legal standards to thecase's facts.

ASSIGNMENT 2 ANSWERS Q. Describe in detail thecomponents and format of a trial and appellate court brief.

Answer: A. Trial court brief

The following are thecomponents and format of a trial court brief: 1. Caption: Any brief presented to a trial court must have a caption. Although each court has its own format, thecaption often includes: - thename of thetribunal - thedocument title, for example, brief in support of motion to dismiss; - thenames and status of theparties; - thecivil or criminal file number and kind of case.

2. Table of Contents: thereader can locate thebrief's many sections and their corresponding page numbers using thetable of contents. If point headings are used in theclaim section, they are fully described in thetable of contents.

3. Table of Authorities: It is provided after thetable of contents page. A table of authorities lists all thestatutes cited in thebrief together with thepage number where they are found. This makes it easier for © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

thereade r

to locate

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thepoints in thebrief where theauthority is mentioned. Submit theenacted statute and case law on separate sites. List thecase law in alphabetical order by case name.

4. Preliminary Declaration: thepreliminary declaration outlines thecase's legal status. Typically, it entails: - A list of theparties - thecourt is talking about theprocedural events in thecase that is relevant to theissue at hand.

- "A summary of theissue that thecourt is talking about, like "This case is before thecourt on a motion to dismiss thecomplaint.

- This memo is offered in support of therequest for relief to have theevidence seized during theinvestigation removed.

5. Question(s) Presented: This section of thebrief effectively articulates thelegal issue(s) raised. theproblem should contain thelegal system, legal issues, and important information. If there are many questions, include them in thebrief's claim section in theorder that they are addressed.

6. Statement of theCase: thestatement of truth is another name for this section. It is comparable to thestatement of facts part of an office note. Its objective is to portray thecase's facts in a way that maximises theclient's involvement. thefacts section should contain accurate information, a thorough history, and important details.

7. Argument Section: Just like thereview section of an office memo, thestatement section of a trial brief serves as thepaper's core. It differs from theanalysis section of an office memo in that it is not a defensible legal analysis. Instead, it is meant to persuade thetribunal to adhere to one's interpretation of thelaw.

8. Conclusion: thetrial brief's summary section seeks thespecific relief required. Depending on theintricacy of thebrief, it may be a succinct summary of thewhole claim or a single sentence indicating therequested relief.

The following are thecomponents and format of appellate court brief: 1. Cover Page/Title Page: thecourt regulations govern thecover page's title page style. thecover page © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

typically contains :

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- theappellate court's name - theassigned appeal‘s number - theappellant and appellee or petitioner and respondent's names and appellate standing - thename of thelower court from which theappeal is being made - thenames and addresses of theattorney(s) who submit thebrief.

2. Table of Contents/Index: Often referred to as an index, thetable of contents provides thekey sections of thesummary and thepage number on which each section begins. thereader can use thetable of contents as a search tool to locate specific information in thebrief. thetable comprises a headings and subheadings table for thepoints. thepoint headers provide a summary of thelegal arguments to thereader and make it simple for them to locate thebrief's examination of those arguments when they are included in thetable of contents.

3. Table of Authorities: theauthority table is a list of all thelaws that are cited in thebrief. theauthorities are listed according to kind, including constitutional law, statutory law, rules, and case law. Each authority's full citation is listed in thetable along with thepage number or pages where it may be found.

4. Opinions Below/Related Appeals: thebrief may contain a section that lists any earlier rulings on thecase or associated appeal.

5. Jurisdictional Statement: thebrief normally includes a separate subsection that briefly summarises theappellate court's subject matter authority. Some appeal statutes may not need a jurisdictional statement. Along with thejurisdictional argument, some appeal rules also incorporate thecase's background and thecourt's initial handling of theissue.

6. Question(s) Presented: Legal concerns and error allocation are other names for this area. thesection enumerates thelegal issues that theparty is requesting thecourt to take into account.

7. Statement of theCase/Statement of Facts: When planning both, thesame factors should be taken into account because thestatement of facts in thecase section, also known as thestatement of facts, is typically comparable to thestatement of facts in thetrial brief section. thestatement of thecase in theappeal brief, however, differs from thestatement of facts in thetrial brief in that it must include © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

theexpla nation of theprevi

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ous proceedings (what happened in thelower court) and make pertinent references to therecord.

8. Argument Summary: This section might not be required by theappellate court's rules. theFederal Rules of Appellate Procedure (Rule 28) allow a summary to come before theclaim.

9. Argument Section: thecriteria for creating point headings in appellate and trial court briefs are thesame. theargument section of an appeal brief is thesame as theargument section of a trial brief. theformat is thesame as in a trial brief.

10. Conclusion: One should write theappeal brief's conclusion section in thesame way they would write for a trial brief. thecontent, structure, and factors involved are thesame for both.

ASSIGNMENT 3 ANSWERS Q. Restate each of thefollowing question components of theissue in a persuasive manner: a. ―should theevidence be suppressed when. . .?‖ In thecase, thepolice failed to obtain a search warrant prior to searching a vehicle. b.

―did thecourt err when . . .?‖ In thecase, thetrial court admitted hearsay evidence.

c.

―Under thestatute of frauds . . ., is an oral contract valid when . . .?‖ Rewrite this portion of theissue

using language that focuses on a desired result. d. ―Under thesale of goods statutes, . . . is a statute enforceable when . . .?‖ Rewrite this portion of theissue using language that focuses on a desired result.

Answer: thegiven issues are stated in thepersuasive manner in thefollowing way:

b. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

I n

accorda nce with

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Country A's state legislation, may evidence be suppressed if police didn't get a search warrant before looking inside a car? c. Can thetrial court hear evidence under theact? d. Does theoral contract constitute fraud under thelaws of Country A? e. In what situations is thelaw enforceable under Country A's sale of goods statutes?

ASSIGNMENT 4 ANSWERS Q. Restate persuasively each of thefollowing issues. Each issue should be redrafted twice—persuasively from theview of theopposing sides. a. Under theprovisions of theexclusionary rule, should evidence be suppressed when law enforcement officers executed a search warrant by unannounced entry because they saw thedefendant run into theapartment upon their arrival at thescene? b. Did thedistrict court improperly exercise its discretion when it admitted into evidence photographs of themurder victim? c. In light of theprovisions of thehearsay rule, did thetrial court improperly admit into evidence thedefendant‘s statements to a neighbour that he would kill his spouse? d. Does theprivileged communications statute allow theadmission into evidence of thedefendant‘s threats of physical harm to his spouse?

Answer: thegiven issues have been restated in thepersuasive manner below.

a. 1. In accordance with theexclusionary rule's provisions, it should be possible to present evidence that therespondent fled into theloft when thepolice arrived to serve an unannounced court order since they observed therespondent do so.

2. Since thepolice officers carried out a court order by passing through without warning, evidence should © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

be suppress ed under

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theprovisions of theexclusionary rule.

b. 1. thelocal court shown proper diligence when it allowed images of thehomicide victim to be used as evidence.

2. thelocal court incorrectly exercised caution by admitting images of thehomicide victim into evidence.

c. 1. In accordance with theprovisions of thegossip rule, thepreliminary court properly admitted thelitigant's statements to his neighbour that he would kill his better half as evidence.

2. thepreliminary court improperly included justifications from therespondent to his neighbour into proof due to thearrangements of thegossip rule.

d. 1. Since theadvantaged correspondence rule does not regard spousal correspondences as private, it is acceptable to introduce evidence of therespondent's potential for actual harm to his life partner.

2. thespecial correspondences rule prohibits theintroduction of evidence regarding thelitigant's potential for really harming his companion.

ASSIGNMENT 5 ANSWERS Q. Restate thefollowing point headings in a more persuasive manner: a. theEVIDENCE WAS INCORRECTLY SUPPRESSED BY theTRIAL COURT SINCE THERE WERE SUFFICIENT EXIGENT CIRCUMSTANCES AT theSCENE. b. theDENIAL OF theDEFENDANT‘S MOTION FOR MISTRIAL WAS NOT ERROR BY theTRIAL COURT BECAUSE thePROSECUTOR‘S COMMENT ON theDEFENDANT‘S PRIOR CONVICTION WAS ADMISSIBLE. c. theTRIAL COURT‘S ALLOWANCE OF thePEREMPTORY CHALLENGE WAS PROPER. theCHA © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

LLENG E WAS NOT

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RACIALLY MOTIVATED. d. theCOURT SHOULD NOT GRANT theDEFENDANT‘S MOTION TO DISMISS….

Answer: thefollowing are theheading points written in a more persuasive manner:

a. THE TRIAL COURT INCORRECTLY WITHHELD theTESTIMONY BECAUSE THERE WAS ENOUGH OF BASIS FOR SUSPICION ON theSCENE.

b. SINCE thePLAINTIFF'S COMMENT ON theDEFENDANT'S PRIOR PROSECUTION WAS SUBJECT TO PROSECUTION, theTRIAL COURT DID NOT ERR IN REJECTING theDEFENDANT'S MOVE FOR A MISTRIAL.

c. THE PEREMPTORY CHALLENGE WAS PROPERLY APPROVED BY theTRIAL COURT. THERE WAS NO RACIST UNDERTONE TO theCHALLENGE.

d. THE COURT SHOULD REFUSE TO AGREE TO theDEFENDANT'S MOTION TO DISMISS.

ASSIGNMENT 6 ANSWERS Q. Restate thefollowing rule of law presentations in a more persuasive manner: a. In determining whether an individual has constructive possession, thecourt decides whether thedefendant had knowledge of and control over thedrugs. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

b. Under thefirst part

of

thetest,

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it must be shown that thedefendant had knowledge of thepresence of thedrugs. c. thecourt has stated that an arrest has taken place when a reasonable person would not feel free to leave.

Answer: therule of law can be presented in a more persuasive manner in thefollowing ways: 1. In order to take a decision if a person has constructive possession, thecourt determines if thedefendant had control over thedrugs.

2. As a first part of thetest, it must be proven by theplaintiff that thedefendant had information about theexistence of drugs.

3. The court has actually determined that thearrest has taken place only when theperson does not feel free to leave.

ASSIGNMENT 7 ANSWERS Q. In thefollowing exercise, theassignment is to prepare a trial court brief. theassignment contains thememo from thesupervising attorney, which includes all theavailable facts of thecase. Complete thebrief based on these facts. When preparing theheading of each assignment, use your name for the―To‖ line, and put ―Supervising Attorney‖ after the―From.

Following theassignment is a reference to theapplicable enacted and case law. thefirst time you cite theopinion, use thecitation format you are given for theopinion in theassignment.

Melia v. Dillon Cos., Inc., 18 Kan. App. 2d 5, 846 P.2d 257 (1993).

This is how you should cite this opinion thefirst time it is used in thememorandum. If you are using theopinion provided in Appendix A, when you quote from theopinion in thememo, use a blank line to indicate thepage number from which thequotation is taken.

For example Melia, © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

18 Kan. App. 2d 5

at

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_________________, 846 P.2d at _______________.

Do not conduct additional research. Complete theassignment using thefacts, enacted law, and case law contained in theassignment. For thepurposes of theassignment, assume thecases have not been overturned or modified by subsequent court decisions. In most instances, a simple trial court brief such as theone presented in this assignment would not include a table of contents, table of authorities, or preliminary statement. It would be composed of a question presented, a statement of thecase/facts, and argument sections. For thepurposes of this assignment, do not include a table of contents, table of authorities, or preliminary statement section. For thetitle page, use theformat presented in section VI. A of this chapter. thecourt is theDistrict Court and thestate is New Mexico.

Memo: To: [Your name] From: Supervising Attorney Re: White v. Calkin, CV 16-388 Our client, Sage Rent-A-Car Inc., leased a vehicle to Jeffery Calkin. Mr. Calkin failed to stop at a stop sign and collided with Jane White, theplaintiff. Ms. White filed a negligence suit against both Mr. Calkin and Sage Rent-A-Car. In paragraph 36 of thecomplaint, theplaintiff claims that Sage is required to carry insurance under theprovisions of theMandatory Financial Responsibility Act and therefore, under theact, has a duty to assume responsibility for this accident. When Sage incorporated, it filed a surety bond with thesuperintendent of insurance and is self-insured under theact. I do not read theact to extend liability to lessors for thedamages that result from thenegligent use of vehicles by lessees. Therefore, I plan to file a Rule 1-012B(6) motion to dismiss for failure to state a claim.

Please prepare a rough draft of a brief in support of themotion to dismiss.

Statutory Law: NMRA 1-012B(6)—The rule provides in part, ―the following defenses may at theoption of thepleader be made by motion: …

(6) © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

failure to state a claim

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upon which relief can be granted; ....‖ New Mexico Mandatory Financial Responsibility Act (MFRA), NMSA 1978 § 66-5-201 to 66-5-239.

MFRA, NMSA 1978 § 66-5-205(A) (2013): a. No owner shall permit theoperation of an uninsured motor vehicle, or a motor vehicle for which evidence of financial responsibility as was affirmed to thedepartment is not currently valid, upon thestreets or highways of New Mexico unless thevehicle is specifically exempted from theprovisions of theMandatory Financial Responsibility Act….

MFRA, NMSA 1978 § 66-5-218 (1998): Evidence of financial responsibility, when required under theMandatory Financial Responsibility Act, may be given by filing: a. evidence of a motor vehicle insurance policy; b. a surety bond as provided in Section 66-5- 225 NMSA 1978; or c. a certificate of deposit of money as provided in Section 66-5-226 NMSA 1978.

MFRA, NMSA 1978 § 66-5-207 (1998): thefollowing motor vehicles are exempt from theMandatory Financial Responsibility Act: … e. a motor vehicle approved as self-insured by thesuperintendent of insurance pursuant to Section 66-5207.1 NMSA 1978; ...

Case Law: Las Lumarias of N.M. Council v. Isengard, 92 N.M. 297, 300–301 (Ct. App. 1978). thefollowing quote from thecase is all that is needed for theassignment. ―A motion to dismiss a complaint is properly granted only when it appears that theplaintiff cannot recover or be entitled to relief under any state of facts provable under theclaim….‖ Cordova v Wolfel, 120 N.M. 557, 903 P.2d 1390 (1995) (see Appendix A).

Answer: thetrial brief required in this case is as follows: © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

To: ABC

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From: Supervising Attorney Re: White vs. Calkin

Brief in favor of themotion to dismiss thepreliminary statement: theclient, named Sage Rent-A-car Inc., rented a car to Mr. Calkin. one day, MR. Calkin drove negligently and collided with Ms. white. This enraged MS. white and she filed a case against thecompany Sage and Mr. calkin. Company sage has filed a claim under rule 1-012(B) to dismiss for failure to state theclaim.

Statement of thecase: thecompany, sage rent is a company that provides cars to its customers on a rental basis. company has leased a car to one of its customers MR. Calkin. However, Mr. calkin drove negligently and collided with Ms. white. Thus, Ms. White has filed a case against Sage, and Mr. Calkin stated that thecompany has responsibility for theaccident since it is mandated under MFRA to carry insurance.

Argument: themotion to dismiss was presented before thecourt under rule NMRA 1-102(B). In thecase of Myron vs. cox, it was held by thecourt that a motion under therule NMRA 1-102(B) can be granted only when theplaintiff has no claim for which therelief can be granted. Therefore, to survive this motion, theplaintiff, Ms. white is required to prove through substantial facts that thelessor can be held responsible for thenegligence of thelessee.

According to theNMFRA rule 66-5-205, theowner of thevehicle is not allowed to operate theuninsured vehicle or thevehicle for which thefinancial responsibility evidence is not valid. thefinancial responsibility can be given by filing the 1. The evidence of insurance policy 2. A security bond 3. A certificate of deposit Conclusion: Since a security bond has been filed by theclient with thesuperintendent of insurance. Thus, thevehic © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

le belongin g to him

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is self-insured which made it exempted under theMFRA act. Thus, a motion to dismiss should be granted by thecourt.

ASSIGNMENT 8 ANSWERS Q. Perform Assignment 7 using thelaw from your state.

Answer: theNMRA rule is same for theall states of America. Thus, thetrial court brief will be thesame as prepared in assignment 7 which is as follows: Trial Brief To: ABC From: supervising Attorney Re: White vs. Calkin

Brief in favor of themotion to dismiss thepreliminary statement: theclient, named Sage Rent-A-car Inc., rented a car to Mr. Calkin. one day, MR. Calkin drove negligently and collided with Ms. white. This enraged MS. white and she filed a case against thecompany Sage and Mr. calkin. company sage has filed a claim under rule 1-012(B) to dismiss for failure to state theclaim.

Statement of thecase: thecompany, sage rent is a company that provides cars to its customers on a rental basis. thecompany has leased a car to one of its customers MR. Calkin. However, Mr. calkin drove negligently and collided with Ms. white. Thus, Ms. White has filed a case against Sage, and Mr. Calkin stated that thecompany has responsibility for theaccident since it is mandated under MFRA to carry insurance.

Argument: themotion to dismiss was presented before thecourt under rule NMRA 1-102(B). In thecase of Myron vs. cox, it was held by thecourt that a motion under therule NMRA 1-102(B) can be granted only

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

when theplaint iff

has

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no claim for which therelief can be granted. Therefore, to survive this motion, theplaintiff, Ms. white is required to prove through substantial facts that thelessor can be held responsible for thenegligence of thelessee.

According to theNMFRA rule 66-5-205, theowner of thevehicle is not allowed to operate theuninsured vehicle or thevehicle for which thefinancial responsibility evidence is not valid. thefinancial responsibility can be given by filing the 1. The evidence of insurance policy 2. A security bond 3. A certificate of deposit Conclusion: Since a security bond has been filed by theclient with thesuperintendent of insurance. Thus, thevehicle belonging to him is self-insured which made it exempted under theMFRA act. Thus, a motion to dismiss should be granted by thecourt.

ASSIGNMENT 9 ANSWERS Q. theassignment is to prepare a rough draft of theappellee‘s brief in opposition to theappellant‘s appeal of thetrial court‘s denial of themotion to suppress evidence seized from appellant‘s suitcase. theplaintiff/appellee is theUnited States; thedefendant/ appellant is Arnold J. Stewart. thetrial court ruled that thesuitcase had been abandoned and, therefore, thedefendant did not have a reasonable expectation of privacy protected by theFourth Amendment in thesuitcase. Numerous cases deal with theissue of abandonment of personal property, and an appellate brief usually would include references to at least several cases. This assignment is an exercise in preparing a very simple, single-issue appellate brief and is designed to acquaint students with thebasic elements of such a brief. Therefore, when performing this assignment, use only theconstitutional and case law presented in theassignment; do not perform additional research. Assume thecases have not been overturned or modified by subsequent court decisions. Follow theform © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

at presente d

in

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section IV of this chapter. thecaption is presented in thefollowing text. Prepare a separate statement of thecase and statement of thefacts. Information necessary for preparing thebrief follows. Note that thetranscript pages (references to thetrial court record) and docketing pages are referenced in parentheses.

When drafting thebrief, include thereferences to therecord in thebrief. References to thecase and statutory law also follow. When citing theUnited States v. Jones case, use thecitation instructions presented in Assignment 7.

Facts On October 15, 2020, Arnold Stewart arrived at theairport an hour and fifteen minutes prior to his scheduled flight. (Tr. at 6). He was going to visit a friend in Chicago. (Tr. at 7). He was carrying one suitcase that he intended to carry on theflight. (Tr. at 7). His flight was scheduled to leave from gate 9, but he decided to wait at gate 8 because it wasn‘t so crowded. (Tr. at 8). After a few minutes, he decided to get something to eat. (Tr. at 8). He approached Larry Holt, who was also waiting at gate 8, and asked if Holt would watch his suitcase. (Tr. at 8). Stewart did not know Mr. Holt. (Tr. at 8). Holt asked him how long he would be gone and Stewart replied, ―Just a few minutes.‖ (Tr. at 9). Holt said, ―Well, ok.‖ (Tr. at 9).

Stewart then walked off. (Tr. at 9). Across from where they were seated were several coin-operated lockers where Stewart could have placed thesuitcase. (Tr. 9–10). Stewart went thefood bar. (Tr. at 10).

There was a long line, and he wasn‘t served for 20 minutes. (Tr. at 10). On theway back to his seat, he ran into an acquaintance and talked to him for several minutes. (Tr. at 10). He didn‘t return to his seat in thegate area for 45 minutes.

(Tr. at 13). Meanwhile, after 20 minutes, Mr. Holt became concerned. (Tr. at 41). He thought, ―Where is that guy? I wonder if this suitcase contains a bomb.‖ (Tr. at 41). themore he thought about it, themore concerned he became. (Tr. at 41–42). He contacted airport security and expressed his concerns. (Tr. at 42). Approximately a minute later, Officer Robert Dwyer arrived. (Tr. at 42). There was no nametag on thesuitcase, no airline claim ticket attached, and no evidence of ownership on theexterior. (Tr. at 71). In such situations, airport policy is that © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

thesuitc ase should be

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immediately inspected, then taken to thesecurity office. (Tr. at 72). Officer Dwyer inspected thesuitcase and its contents at thescene. (Tr. at 72). Upon opening thesuitcase, he found a large bag that contained 40 smaller bags of a white powdery substance. (Tr. at 73). thesubstance was later identified as heroin. (Tr. at 122). thesuitcase was taken to thesecurity office and federal officers were called. (Tr. at 74).

Approximately 45 minutes after he left, Stewart returned to his seat. (Tr. at 13). Holt informed him that he thought Stewart had abandoned thesuitcase so he turned it over to airport security. (Tr. at 44). Stewart left thegate area, went to theticket counter, and asked for information concerning thenext flight. (Tr. at 14). theticket counter is next to thesecurity office. (Tr. at 75). Stewart never entered theoffice to inquire about his suitcase. (Tr. at 75). He was arrested when he went to thegate area and attempted to board his flight.

(Tr. at 91).

Information for Statement of theCase On November 21, 2020, Arnold J. Stewart was indicted by a federal grand jury sitting in theDistrict of Utah on charges of possession with intent to distribute more than 100 grams of heroin in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). (Doc. at 5). On January 7, 2021, Stewart filed a motion to suppress thephysical evidence. (Doc. at 18). On February 14, 2021, themotion was denied. thetrial court found: Under thecircumstances, for all intents and purposes thesuitcase was abandoned. thedefendant did not express a possessory interest in thesuitcase at any time after he learned its location. Having been abandoned, thedefendant had no expectation of privacy in it or its contents. (Tr. at 40–41). On March 6, 2021, defendant entered a conditional guilty plea, reserving his right to appeal thesuppression ruling. (Doc. at 22). On April 27, 2021, thecourt sentenced Stewart to imprisonment for 60 months, to be followed by a three-year term of supervised release. (Doc. at 55).

Stewart filed his notice of appeal on April 29, 2021.

Constitutional and Case Law Amendment IV, U.S. Constitution United States v. Arango, 912 F.2d 441 (10th Cir. 1990). All you need to know for thepurposes of this © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

assignm ent

is that

theAran

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go case stands for theproposition that one who has theright to possession of personal property has theright to exclude others from searching it.

United States v. Jones, 707 F.2d 1169 (10th Cir. 1983). See Appendix A. Prior Related Appeals: There are no prior or related appeals in this case.

Caption UNITED STATES COURT OF APPEALS TENTH CIRCUIT NO. 2020-123 UNITED STATES OF AMERICA Plaintiff/Appellee, vs.

ARNOLD J. STEWART, Defendant/Appellant.

APPEAL FROM theUNITED STATES DISTRICT COURT FOR theDISTRICT OF UTAH ANSWER BRIEF OF APPELLEE

Answer: thefollowing is thebrief prepared by Stewart:

Federal Grand Jury, District of Utah

Facts: Stewart was moving from Utah to Chicago while just transporting one bag. Stewart had been waiting in front of gate number 8, but as thegate was jam-packed with passengers, Stewart had to board his flight from gate number 9. Stewart promised Holt that he would return in a short while to retrieve his bag after Holt went to get something to eat. Holt finally turned over thesuitcase to theairport staff after a gruelling 20 minutes of waiting. When theairport staff opened thesuitcase to check theluggage, heroin was © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

inside.

Despite being detained

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by airport authorities a short while later, Stewart did not go to enquire about thesuitcase.

Information for thecase statement: Stewart was said to be in possession of more than 100 grams of heroin. theDistrict Court of Utah convicted Stewart to five years in prison followed by three years of supervised release despite receiving a motion to suppress theevidence. Stewart filed an appeal against thecourt's judgement.

Argument: Everyone is free to keep people off of their own property. Land ownership and property rights in particular have traditionally been crucial to thepreservation of freedom and human liberty in theUnited States. Having theauthority to forbid strangers is a fundamental aspect of those land rights.

Everybody has thefreedom to own property both individually and collectively. A capacity of excluding is any ability to prevent one or more individuals from using a certain resource or group of resources; more precisely, it is any negative allegation connected to using a specific "thing." No one's belongings may be taken from him without justification. the1948 Universal Declaration of Human Rights states as much in Article 17.

Conclusion: theFourth Amendment's "abandoned property" provisions, according to thecourt, are an exemption to thewarrant requirement that has emerged. Any expectation of privacy that a person may have in their property is forfeited when they freely abandon it. theobject's ability to maintain its owner's right to confidentiality serves as thetest for desertion.

Solution and Answer Guide LEGAL RESEARCH, ANALYSIS, & WRITING 9780357619445; CHAPTER 19: CORRESPONDENCE

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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TABLE OF CONTENTS ASSIGNMENT 1 ANSWERS ........................................................................................................................ 215 ASSIGNMENT 2 ANSWERS ........................................................................................................................ 216 ASSIGNMENT 3 ANSWERS ........................................................................................................................ 216 ASSIGNMENT 4 ANSWERS ........................................................................................................................ 218 ASSIGNMENT 5 ANSWERS ........................................................................................................................ 221 ASSIGNMENT 6 ANSWERS ........................................................................................................................ 223 ASSIGNMENT 7 ANSWERS ........................................................................................................................ 224 ASSIGNMENT 8 ANSWERS ........................................................................................................................ 225 ASSIGNMENT 9 ANSWERS ........................................................................................................................ 227 ASSIGNMENT 10 ANSWERS ...................................................................................................................... 228 ASSIGNMENT 11 ANSWERS ...................................................................................................................... 230 ASSIGNMENT 12 ANSWERS ...................................................................................................................... 232

ASSIGNMENT 1 ANSWERS Q. Describe thethree types of correspondence discussed in this chapter and thepurposes of each type.

Answer: thecorrespondence refers to thetypes of letters that are helpful in communicating theresults of legal research. thethree types of correspondence discussed in this chapter are as follows: © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

1. The informat ion

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letter: thebasic purpose of an information letter is to provide information to theclient.

2. Opinion letters: thebasic purpose of an opinion letter is to provide information about thelaw, theanalysis of that information and to provide a piece of legal advice.

3. Demand letters: thebasic purpose of a demand letter is to demand action by persuading someone. theaction is generally taken in theinterest of theclient.

ASSIGNMENT 2 ANSWERS Q. Describe how thethree types of correspondence are different.

Answer: theinformation letter, opinion letter, and demand letters are different from one another in thefollowing way.

Purpose: themain purpose of theinformation is to provide information to theclient; themain purpose of an opinion letter is to provide a piece of legal advice. themain purpose of a demand letter is to demand action that is in theinterest of theclient.

Body: thebody of theinformation letter consists of three parts. thebody of theopinion letter consists of 5 parts. thebody of thedemand letter consists of 4 parts.

Written by: An information letter is written by theparalegal or law clerk. An opinion letter is written by an attorney. thedemand letter is written by licensed attorneys and lawyers.

ASSI © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

GNM

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ENT 3 ANSWERS Q. Refer to theassignment introduced at thebeginning of Chapter 16 and thelaw relevant to that assignment presented in theApplication section of that chapter. thelaw firm represents thespouse called to testify against another spouse. Draft an opinion letter informing theclient whether they can testify against their spouse in light of theapplicable Illinois statutory and case law.

Answer: theopinion letter From: theoffice of Attorney ABC city, ABC state, Re: Privileged spousal communication

Dear Meril Findo, This is an opinion letter concerning whether thespouse of Meril Findo can testify against Meril according to statutory provisions.

Meril had attacked theneighbour, Shae with a hammer. They both went into a heated argument over thelocation of thefence. Meril stated that Shae had attached Meril with a brick and in an argument, that brick fell over Shae‘s head. Shae denied attacking Meril with a brick. thespouse of Meril agreed to testify against Meril since Meril had threatened to hit Shae in front of thespouse and their children many times.

The court ruled that any spousal communication in front of a minor child is not privileged spousal communication under statute 735 ILCS-801. Thus, it cannot be admissible in Meril‘s trial.

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

For any further informat

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ion, Meril‘s spouse can contact to thelaw office.

Sincerely Attorney at law

ASSIGNMENT 4 ANSWERS Q. Refer to theassignment introduced at thebeginning of Chapter 17 and therelevant law included in theApplication section of that chapter. You work for a law firm that represents thedefendant. a. Draft an information letter informing thedefendant of what constitutes an arrest in thestate of New Washington and how thelaw has been interpreted to apply in search warrant situations. b. Draft an opinion letter advising thedefendant whether there is sufficient evidence to support charges of possession.

Answer: Part A: theInformation Letter From theattorney To: Raj Swinton ABC street, Washington city, Re: State vs. Swinton, thedefinition of arrest in thestate of New Washington

Dear Raj, This letter is to inform you what constitutes an arrest in theState of New Washington. This letter is to © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

inform you about

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thestatus of thecase.

On January 7, thepolice received a search warrant to execute thesearch against your apartment. As thepolice entered theapartment, they handcuffed you, moved to thekitchen, and detained you as said by you. But they did not find anything in your apartment. However, a bag of cocaine was found by thepolice officers in theparking area. theofficers had no evidence stating that it had been thrown by you from your room window.

Now thequestion arises of what constitutes an arrest in thestate of Washington. therule of law governing arrest is Article II, section 4. It states that therights of people to be secured against unreasonable searches can not be violated. However, thelaw does not define theterm ―seizure‖. But, in thecase of state vs, Ikard, theterm has been defined by thecourt. thecourt defines theterm seizure(arrest) that does not allow theperson to leave. And in your case, you were not allowed to move. Also, there is a certain exception to it. Detention can take place when theofficers are executing search warrants. And in your case, you were detained when thesearch warrant was executed by thepolice officers. Thus, it is not possible to raise any argument for this fact.

However, a counter-argument can be raised by stating that a search warrant was issued without any probable cause. This is all, we can do.

For any other information, contact thelaw office.

Sincerely Attorney at law

Part B: theOpinion letter

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

From theattor ney

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To: Raj Swinton ABC street, Washington city, Re: State vs. Swinton, Evidence that supports thecharge of possession.

Dear Raj, This is an opinion letter concerning whether there is sufficient evidence to support thecharge of possession of cocaine.

Facts: On January 7, thepolice received a search warrant to execute theagainst your apartment. As thepolice entered theapartment, they handcuffed you, moved to thekitchen, and detained you as said by you. But they did not find anything in your apartment. However, a bag of cocaine was found by thepolice officers in theparking area. theofficers had no evidence stating that it had been thrown by you from your room window.

Answer: Based on theabove facts, theofficers cannot charge you in court regarding thepossession of controlled substances. They are required to conduct a further investigation.

Explanation: Since thedrugs was found in an area that is accessible to many individuals, there is no proof that thedrugs have been thrown by you in theparking slot. No one has heard thesound of breaking thewindow and there is no evidence that you have possession and control of thecocaine. thesupreme court also ruled that there is no evidence that thedefendant may constructively possess thecontrolled substance. It also ruled that constructive possession refers that thedefendant may have knowledge and control of drugs. But in thegiven scenario, there has been no proof indicating that you may have knowledge and control of controlled substances.

For any © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

further informat ion, you

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may contact thelaw office

Sincerely Attorney at law

ASSIGNMENT 5 ANSWERS Q. theclient, Rae Tatum, purchased a new microwave oven from Inki Appliances Company. No written or oral warranty was given when thesale was made. themicrowave stopped working one week after Rae took it home. Rae returned themicrowave three days after it quit working. theowner of Inki Appliances refused to repair or replace themicrowave or give Rae a refund. Prepare a demand letter to be sent to Inki Appliances. theletter is to be signed by your supervising attorney, Dominique Robinson. Use theletterhead presented in theApplication section of this chapter. Mr. Terry Spear is thepresident and owner of Inki Appliances Company, and theaddress is 1001 Maple Drive, Friendly, NW 00065.

Statutory Law Section 50-102-314 of theNew Washington statutes provide that ―a warranty that thegoods shall be merchantable is implied … if theseller is a merchant with respect to thegoods of that kind.‖ Mr. Spear is a merchant. Rae did not misuse themicrowave or in any other way cause it to quit working.

Case Law The case on point is Smith v. Appliance City, 56 N. Wash. 162, 868 N.E. 997 (1995). In Smith, theNew Washington supreme court ruled that theseller has three options when an implied warranty is breached: return thepurchase price to thebuyer, repair themerchandise, or replace themerchandise.

Answer: theDemand letter © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

From: Domini que

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Robinson To: Mr. Terry Spear 1001, Maple Drive, Friendly, NW0065 Re: warranty of microwave according to statutory provisions

Dear Mr. Terry, This is a demand letter demanding a settlement for thewarranty of themicrowave purchased from Inki Appliances outside thecourt.

Facts: My client, Rae, Tatum purchased a microwave oven from your company. It stopped working after one week of purchase. At thetime of sale, no written or oral warranty was given by you. Rae returned theappliance to you but you refused to repair or replace theappliances.

Explanation: According to section 50-102-314 of thestatute, an implied warranty is imposed if theseller of thegood is a merchant of that kind of good, and as you are a merchant, an implied warranty has been imposed on you. So, as a breach of an implied warranty, you are required to take any of these three steps:

1. To return thepurchase price to Rae. 2. To repair theappliances 3. To replace theappliances.

So, as per theNew Washington statute, you are required to take any one of theabove-mentioned steps as a breach of implied warranty. So take thestep as early as possible.

Sincerely Domini © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

que Robinso n

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Attorney at law

ASSIGNMENT 6 ANSWERS Q. Refer to Assignment 7 in Chapter 17. Prepare an information letter to Mr. Canter informing him of theresults of your research in regard to armed bank robbery.

Answer: theinformation letter From: theAttorney To: Mr. Canter ABC Street, ABC city, RE: Information about theresults of armed bank robbery

Dear Mr. Canter, This letter is to inform you about theresults of our research conducted with regard to armed bank robbery.

Facts: Our client, Mr. Canter robbed theFirst State bank on January 5. As you entered thebank, you pulled a wooden replica Beretta handgun from your pocket. You had drilled a hole in thebarrel to make it look like a real Beretta. You put thewooden replica on theteller‘s head. theteller got frightened and did not notice that it was fake. However, theother teller noticed that it was fake. Now, thequestion arises whether it will be presumed as a bank robbery was committed with thehelp of a deadly weapon.

Explanation: As per thestatute, bank robbery is defined as whoever, by force or by intimidation tries to take money that is in themanagement and control of another person. And in thegiven scenario, you have © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

tried to take money

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by th use of intimidation and force from theteller. Also, themoney was in thecontrol of th teller. Thus, clearly shows that a crime has been committed by you on thebasis of thegiven facts and information.

However, a counter-argument can be raised by us in thecourt by stating that therobbery was conducted by theuse of a fake gun and not by a real gun and is not valid.

For more information, contact thelaw office.

Sincerely Attorney at law

ASSIGNMENT 7 ANSWERS Q. Refer to Assignment 9 in Chapter 17. Draft an opinion letter to Mr. Loya informing him of theresults of your research and thelikelihood of a finding that there is clear and convincing evidence his parental rights should be terminated.

Answer: theopinion letter From: theAttorney To: Mr. Loya ABC street, ABC city, Re: Information about thetermination of parental rights

Dear Mr. Loya, This © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

is an

opinion letter

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informing about thetermination of theparental rights of MR. Loya

Facts: theclient, Ollie Loya, was released from prison. You were released after serving two-year sentences for aggravated battery. Also, you were out of thecustody of your son. Your son‘s age would be ten years when you would be released from your recent sentences. Recently, theDCS has taken custody of your child from his mother due to neglect charges. You have also admitted before thecourt that there has been violence between you and thechild‘s mother in front of thechild many times.

Explanation: According to section 8-533(B), parental rights of a parent can be terminated when (a) when theparent is no longer financially fit to have custody of thechild and (b) thesentence of theparent is of such period that it deprived thechild of thenormal living conditions. And in thegiven scenario, you and thechild‘s mother had a violent relationship. This would have a bad impact on themental health of thechild. Also, when you will be released from prison, your son‘s age would be 10 years. Till that period, he will be deprived of normal living conditions. thelegal provisions applicable in this case would raise a question mark of your being a good father.

Thus, thecourt ruled that theparental rights of MR. Loya should be terminated.

For more information, you can contact thelaw office.

Yours sincerely Attorney at law

ASSIGNMENT 8 ANSWERS Q. theclient would like to know what state law provides concerning theremoval of a director from © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

theboard of directors

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of a corporation. Prepare an information letter to theclient summarizing therequirements of theremoval statute. Draft theletter for thesignature of your supervising attorney, Dominique Robinson. Use theletterhead presented in theApplication section of this chapter. theclient‘s name is Alonzo Garcia and his address is 761 South Vine Street, Sunnydale, NW 00066.

Statute New Washington Statutes Annotated § 77-11-22. Removal of directors: At a meeting of shareholders called expressly for that purpose, directors may be removed in themanner provided in this section. Any director or theentire board of directors may be removed, with or without cause, by a vote of theholders of a majority of theshares then entitled to vote at an election of directors.

Answer: theinformation letter From: Dominique Robinson To: Alonzo Garcia 761 South vine street, Sunnydale, NW00066 Re: Information regarding statute related to theremoval of directors.

Dear Alonzo, This is an information letter giving you information about thestatute related to theremoval of thedirector from theboard of directors.

According to theNew Washington statute § 77-11-22, a director can be removed from theBoard of Directors by thevote of majority shareholders, entitled to vote at theelection of directors. These directors can be removed with or without any cause.

For © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

more informat ion, you

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can contact thelaw office.

Sincerely Dominique Robinson

ASSIGNMENT 9 ANSWERS Q. Perform Assignment 9 using your state law. Make up local addresses for thelaw firm and client.

Answer: thestatute related to theremoval of directors is thesame for all thestates of America. Thus, theinformation letter will be thesame as prepared in assignment 8.

The Information Letter

From: theAttorney To: theClient ABC street, ABC city, ABC Country

Re: Information about thestatute related to theremoval of directors.

Dear © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

client, This

is an

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information letter giving you information about thestatute related to theremoval of thedirector from theboard of directors.

According to theNew Washington statute § 77-11-22, a director can be removed from theBoard of Directors by thevote of majority shareholders who are entitled to vote at theelection of directors. thedirectors can be removed with or without any cause.

For more information, you can contact thelaw office.

Sincerely Attorney at law

ASSIGNMENT 10 ANSWERS Q. Draft an information letter to theclient, Mr. Daniel Hope, Vice President, National Insurance Company. In theletter, summarize thestate law concerning National‘s duty to defend persons it insures under its automobile insurance policies. Draft theletter for thesignature of your supervising attorney, Alice Black. Use theletterhead presented in theApplication section of this chapter. National Insurance Company‘s address is 459 Twenty-Second Street, Friendly, NW, 00065. There is no statutory law governing an insurance company‘s duty to defend its insured. therelevant case law follows.

Case Law Wrickles v. Washington Ins. Co., 61 N. Wash. 104 (Ct. App. 2008). Where it is determined that theinsurer has unjustifiably failed to defend against claims against its insured, theinsurer is liable for any judgment entered against its insured. In addition, theinsurer may be liable for any reasonable settlement entered into by theinsured. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

State Farm Ins. Co.

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v. Peterson, 56 N. Wash. 38 (1995). theobligation to defend arises out of and must be found in theinsuring agreement promising to defend theinsured against liability. Alison v. Lincoln Ins. Co., 60 N. Wash. 677 (Ct. App. 2000). theduty to defend is triggered when an injured party‘s complaint against theinsured states facts that bring thecase within thecoverage of thepolicy.

Jamison v. Lincoln Ins. Co., 58 N. Wash. 430 (1998). An insurance company may refuse to defend its insured only when theallegations in thecomplaint are completely outside theinsurance policy coverage.

Wilson v. Washington Ins. Co., 59 N. Wash. 980 (1999). If theallegations in thecomplaint against theinsured may fall within thecoverage of thepolicy but are potentially excluded by any noncoverage provision in thepolicy, then theinsurer is under a duty to defend theinsured in theprimary action. theduty continues until a court having jurisdiction over thecase finds that theinsurer is relieved of theliability under thenoncoverage provisions of thepolicy.

Answer: theinformation letter is given below:

Law office of Alice Black 1300, Main Street Friendly, New Washington 00897

Mr. Daniel Hope Vice President, National Insurance Company 459 Twenty-Second Street Friendly, NW, 00065

Re: Information regarding theinsurance company's obligation to defend theinsured under theterms of thepolicy. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Dear Mr.

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Daniel Hope This letter is intended to inform you of theregulations governing your company's responsibility to safeguard persons covered by motor insurance.

The main goal of purchasing insurance is to guarantee that themoney invested in theproperty will be preserved in theevent of an emergency. Although there is no statutory law for theaforementioned objective, thedecisions in various cases serve as theguidelines.

In Wrickles v. W Ins. (2008), it was decided that theinsurer is responsible for any claim that thecourt carves out if it neglects to defend theinsured's interests. theinsurer must also pay other amounts. In State Farm Insurance Company v. Peterson (1985), it was decided that theinsurer's liability had to result from theinsurance contract.

In Alison v. Lincoln Insurance Company (2000), theinjured party was further required to establish thefact that thecase falls within thepurview of theinsurance contract. In Jamison v. Lincoln Ins. Co. (1998), it was decided that thecorporation is not obligated to defend theinsured if theclaim is outside theterms of thecontract. Wilson v. W (1999) established that thefacts of any damage that might be covered by thepolicy but is specifically excluded from thenoncoverage policy that may be utilised to compel theinsurer to defend theinsured.

You are welcome to drop by thelawyer's office if you have any queries.

Sincerely, ABC Paralegal

ASSI © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

GNM ENT

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11 ANSWERS Q. In this assignment, draft theletter for thesignature of thesupervising attorney, Dominique Robinson.

Use theletterhead presented in theApplication section of this chapter. Mr. Sander‘s address is 930 North Hardwood Court, Friendly, NW 00065.

Assignment Memo

We represent Washington Ins. Co. They paid a claim by their insured in theamount of $21,235.00. theclaim arose out of an automobile collision between theinsured, Deborah Anderson, and Mr. Karl Sanders. Mr. Sanders ran a stop sign, and his vehicle collided with theinsured resulting in thedamage.

Washington Ins. has written to Mr. Sanders requesting that he either provide proof of insurance at thetime of theaccident or that he pays theclaim in full. He has not responded.

Prepare a draft of a demand letter to Mr. Karl Sanders demanding that he pay the$21,235.00 or contact me to see if we can reach an agreement for payment of thedebt. Inform him that this is an attempt to collect a debt. Also inform him that if he does not contact us within 30 days of thedate of theletter, I will assume that he does not dispute thedebt and I will pursue all legal remedies available under thelaw.

Inform him that a lawsuit will be filed in thedistrict court for thefull amount of thedebt plus interest, and I will request any fees and costs I may incur in pursuit of thelitigation. In addition, inform him that pursuant to New Washington law, once a judgment is obtained, I can take action to have his driver‘s license and vehicle registration suspended under theprovisions of theFinancial Responsibility Act, NWSA § 45-6-124. Statutory Law Section 45-6-124 of theNew Washington Financial Responsibility Act allows a judgment creditor to take action to suspend a debtor‘s driver‘s license and vehicle registration for nonpayment of any judgment arising from a motor vehicle accident.

Answer: thedemand letter: © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Law Offices of

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Dominique Robinson

2100 Main Street Friendly, New Washington 00065

Office of Mr. Sanders 930 North Hardwood Court Friendly, NW 00065.

Dear Mr. Sanders,

Due to a car accident involving Mr. Anderson and Mr. Sanders, Company -Washington Inc. Co. paid theclaim amount of $21,235. Mr. Sanders violated thelaw by running a stop sign, which led to thecrash.

Company -Washington Inc. Co. has made repeated attempts to get in touch with you because you are required to give thecompany theproof of insurance that theindividual had at thetime of theaccident, or you will be required to pay thewhole amount.

You should pay the $21,235 asked by the business, or can speak with the lawyer's office to work out a payment plan. It is requested that you get in touch with the lawyer's office before the deadline of 33 days has passed, after which the office must launch a lawsuit and seek redress. The office will file a lawsuit in district court to recover the whole debt as well as any associated expenses.

When a debtor doesn't pay the debt within a certain term, the creditor is permitted to suspend the driver's licence and the car registration under NWSA Section 45-6-124 Of State – New Washington Financial Responsibility Act. You are asked to get in touch with the office if you need any additional information.

ASSIGNMENT 12 ANSWERS Q. Refer to the memorandum you drafted for Chapters 16 and 17. Your instructor will direct you to draft an informational, opinion, or demand letter (whichever is appropriate) based on your memorandum. © 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Answer : Assign ment 12 of Chapte

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r 17 is chosen for this question.

The information letter on the basis of the memorandum prepared in this assignment is given below.

Law office of Supervising Attorney ABC Street ABC State, ABC Country Office of Paralegals ABC Street ABC State, ABC Country Re: Information regarding the discrimination in employment on the basis of race, colour, national origin, sex, or religion.

Dear Mr. A This letter is intended to inform you of the regulations governing discrimination in employment on the basis of race, colour, gender, national origin, or religion. As per title 42 of the US code, an employer is said to be engaged in an unlawful act when he refused to hire or failed to hire any applicant on the grounds of that applicant's religion, race, colour, gender, or country of origin.

In Begay Vs. City Airport, Notah, a 25-year-old American citizen with olive skin, dark hair, and a full beard, submitted an application for a security position at US Airport, but his hiring request was rejected.

A few miles away from the airport security post, his mother resides. He has now accused the airport authority of discrimination and is seeking relief from the statute.

In conclusion to this case, the court requested the plaintiff to provide evidence that the main reason behind the refusal of the employer to hire him is his colour in order to get a discrimination relief under statute 42 § U.S.C. 2000e-2.

You are welcome to raise any queries concerning more information regarding this case.

Sincerely, Supervising Attorney

© 2024 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

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