Ethics and the Paralegal’s Role
Ethics and the Paralegal’s Role
This Discussion examines ethics and the paralegal’s role in the attorney-client relationship.
Based upon the following scenario, have you done anything unethical based upon the National Association of Legal Assistants (NALA) Model Ethical Guidelines?
Hypothetical: Your first day on the job you were allowed to interview your very first “real” client — Justin King! After years of working towards the new job, you are so excited that you call your partner and arrange for a very nice dinner together. During the dinner your partner says, “So tell me what you did today?” You are so proud of your new job that you begin to discuss some general details about the case, like Justin’s name, that he was in an accident, and is very disfigured. Your partner is intrigued and presses you for more information.
Without realizing it, you blurt out that Justin was the finalist in the National Idol competition and is going to sue some big companies and make lots of money. Have you done anything unethical?
Post a short answer on the Discussion Board for this hypothetical using the IRAC (Issue-Rule-Application-Conclusion) method of analysis. Download and review the IRAC Power Point presentation.
PA110 Civil Litigation
Unit 2 Discussion
Discussion topics support this unit’s objective and should be completed after reading all materials. Your responses ought to include original evaluation, synthesis, or analysis of the topic, and contribute to the weekly discussion in a meaningful way. You must complete all discussion topics and reply to your peers’ posts. Refer to the Discussion Board Rubric under Course Resources for additional requirements.
Justin King Initial Interview Follow-Up Questions
At this point in creating your Justin King client case file, you should have quite a few questions to follow-up with from the initial client interview. This unit’s Discussion will focus on developing and asking the questions of two key witnesses in the Justin King case: the police officer who investigated the accident, and the beer truck driver.
Your instructor will divide the class into two different “law firms”: one firm will be assigned to prepare and ask questions of the police officer, the other firm will prepare and ask questions of the truck driver. Separate Discussion topics for each firm have been created so you can collaborate in your witness interviews. The instructor will play the role of both witnesses. Be sure to look in on the other firm’s posting to get ideas for questions and strategy as well as to provide ideas for the other firm too.
View the interview of an eye-witness to a deadly crash at Daytona Bike Week 2007 in Sanford, Florida. A St. Petersburg, Florida couple coming home from bike week crashed and died at I-4 and 17-92 in Sanford, a spot which is called the “Dead Zone”, rumored to be haunted by the people whose graves were paved over to build the highway. NOTE: Pay attention to the “Follow-Up” questions that are being asked by the reporter.
Reference
Best, C. (2007, March 4). Interview 3: Deadly Crash Daytona Bike Week 2007 Sanford, FL [Video file]. Retrieved from https://www.youtube.com/watch?v=5nJZpUvyCwI
Beer Truck Driver
Collaborate with Your Group
This group will be interviewing the beer truck driver.
Each group will choose a leader or coordinator who will organize the various questions that each of you will post, and who will consult with the rest of the “law firm” on the final question list. These questions will then be answered by the instructor, from whom you will also receive feedback. You will be graded on your participation in the brainstorming process as your group considers which questions should be asked of the truck driver. The sooner you can finalize and post your initial questions, the sooner you can ask follow-up questions of the witness.
Police Officer
Collaborate with Your Group
This group will be interviewing the police officer.
Each group will choose a leader or coordinator who will organize the various questions that each of you will post, and who will consult with the rest of the “law firm” on the final question list. These questions will then be answered by the instructor, from whom you will also receive feedback. You will be graded on your participation in the brainstorming process as your group considers which questions should be asked of the police officer. The sooner you can finalize and post your initial questions, the sooner you can ask follow-up questions of the witness.
PA110 Civil Litigation
Unit 3 Discussion
Discussion topics support this unit’s objective and should be completed after reading all materials. Your responses ought to include original evaluation, synthesis, or analysis of the topic, and contribute to the weekly discussion in a meaningful way. You must complete all discussion topics and reply to your peers’ posts. Refer to the Discussion Board Rubric under Course Resources for additional requirements.
Spinach Recall and E. Coli
In your Discussion this week, you will explore the Spinach Recall and E. Coli article and complaint. Read the story and complaints and post your thoughts on the causes of action and possible defenses to the claims.
Article:
FindLaw, Spinach Recall and E. Coli (2018). Retrieved from
https://injury.findlaw.com/product-liability/spinach-recall-and-e-coli.html
Complaint:
Cardinale v. Freshway Unlimited, Inc., Complaint (Court of Common Please, Franklin County, Ohio)
https://www.marlerblog.com/uploads/file/Cardinale%20complaint%20(final).pdf
PA110 Civil Litigation
Unit 4 Discussion
Discussion topics support this unit’s objective and should be completed after reading all materials. Your responses ought to include original evaluation, synthesis, or analysis of the topic, and contribute to the weekly discussion in a meaningful way. You must complete all discussion topics and reply to your peers’ posts. Refer to the Discussion Board Rubric under Course Resources for additional requirements.
By now you have chosen to include — or exclude — defendants by listing them in the complaint. In this Unit 4 you now work for the law firm representing the defendants charged in the complaint you drafted.
Interview of Defendants
Based on the knowledge gained in this unit, and reading Chapter 5 “Affirmative Defenses,” answer the following questions on the Discussion Board. The instructor will then comment on your answers.
What affirmative defenses do you think are available to your client? (Provide a thorough discussion of each defense and why the defense applies in this case).
What facts would be important to help you prove each affirmative defense in your answer?
Which witnesses would you interview and what questions would you ask them?
Remember, as defense counsel your firm’s objective is to prevent the plaintiff (Mr. King) from proving his cause of action/claim(s).
PA110 Civil Litigation
Unit 5 Discussion
Discussion topics support this unit’s objective and should be completed after reading all materials. Your responses ought to include original evaluation, synthesis, or analysis of the topic, and contribute to the weekly discussion in a meaningful way. You must complete all discussion topics and reply to your peers’ posts. Refer to the Discussion Board Rubric under Course Resources for additional requirements.
This Discussion examines counterclaims in the answer.
Compulsory or Permissive Counterclaims
Under the Federal Rules of Civil Procedure, a counterclaim arising out of the same transaction or occurrence as the claim in the complaint is compulsory and the defendant must raise the counterclaim in the answer. A compulsory counterclaim “arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim.” Fed.R.Civ.P. 13(a). Failure to assert a compulsory counterclaim in the answer precludes a later assertion of that claim in a subsequent or independent action, but failure to assert a permissive counterclaim does not preclude its assertion in a subsequent action. See 46 Am. Jur. 2d Judgments § 504.
In New York state courts, the rule is that all counterclaims are permissive. Urbanski v. Urbanski, 107 Misc. 2d 215, 215, 433 N.Y.S.2d 718, 719 (Sup. Ct. 1980). In New York, failure to state a counterclaim in the answer does not preclude the defendant from subsequently bringing an independent action against the plaintiff.
Discuss which approach you think is better: the federal rule requiring a compulsory counter-claim involving the same transaction or occurrence or the New York state rule where all counterclaims are permissive.
In addition, what do you think the phrase “transaction or occurrence” means under the Federal Rules of Civil Procedure? Conduct research and summarize one federal case that discusses “transaction or occurrence” in the context of compulsory or permissive counterclaims to share with your classmates. Make sure to provide the Bluebook citation for the case you select.
PA110 Civil Litigation
Unit 6 Discussion
Discussion topics support this unit’s objective and should be completed after reading all materials. Your responses ought to include original evaluation, synthesis, or analysis of the topic, and contribute to the weekly discussion in a meaningful way. You must complete all discussion topics and reply to your peers’ posts. Refer to the Discussion Board Rubric under Course Resources for additional requirements.Choosing an Expert Witness
Using the Internet, locate three potential expert witnesses in different fields that could be used in the Justin King case. The experts can be for the plaintiff or the defense. Post your findings to the Discussion Board, along with an explanation of why this expert witness is needed and your reasons for choosing this expert. Provide feedback to your classmates’ postings as well.
Visit the ALM Experts website to get started with your research. Then, draft a checklist of items, evidence, and interviews you would include in your plan if your firm was representing Justin King or one of the defendants in the case. Keep your checklist for future reference.
ALM Experts . Retrieved from http://www.almexperts.com/
PA110 Civil Litigation
Unit 7 Discussion
Discussion topics support this unit’s objective and should be completed after reading all materials. Your responses ought to include original evaluation, synthesis, or analysis of the topic, and contribute to the weekly discussion in a meaningful way. You must complete all discussion topics and reply to your peers’ posts. Refer to the Discussion Board Rubric under Course Resources for additional requirements.
IMEs
Suppose an IME is properly requested by a defendant in the Justin King case. What would be the consequences of Justin King refusing to submit to such an exam?
PA110 Civil Litigation
Unit 8 Discussion
Discussion topics support this unit’s objective and should be completed after reading all materials. Your responses ought to include original evaluation, synthesis, or analysis of the topic, and contribute to the weekly discussion in a meaningful way. You must complete all discussion topics and reply to your peers’ posts. Refer to the Discussion Board Rubric under Course Resources for additional requirements.
Alternative Dispute Resolution
What are the advantages and disadvantages of alternative dispute resolution? Why might a defendant want to settle a case even though the defendant does not think that they are liable?
PA110 Civil Litigation
Unit 9 Discussion
Discussion topics support this unit’s objective and should be completed after reading all materials. Your responses ought to include original evaluation, synthesis, or analysis of the topic, and contribute to the weekly discussion in a meaningful way. You must complete all discussion topics and reply to your peers’ posts. Refer to the Discussion Board Rubric under Course Resources for additional requirements.
Preparing Voir Dire Questions
Jury voir dire is the selection of a certain number of jurors from a jury panel. The number of jurors required in a case will depend on the court. Voir dire is the way lawyers find out about the prospective jurors. The lawyers (or the judge in certain instances) will ask questions of the jurors to identify qualifications, experiences and interests, knowledge about the case, relationship or familiarity with parties, witnesses, and lawyers involved in the case, and bias or any other reason why a juror should or should not be selected to serve on a jury.
Most often, jury voir dire is conducted through verbal questioning of potential jurors, though in some cases written juror questionnaires may be used to facilitate the selection process.
Questions are asked in order to determine whether a juror should be removed from the panel because the juror cannot fairly hear and decide the case.
Based on the Seminar and your readings in this Unit, create two voir dire questions to use to help your supervising attorney pick the best jurors for the Justin King case. Your questions should relate to the subject matter of the case and focus on issues that could help your supervising attorney to determine if a juror might be biased in any way.
PA110 Civil Litigation
Unit 10 Discussion
Course Reflection
Now that you have completed this course, reflect on your personal goals for the course. This is the time for you to determine what areas of Civil Litigation interest you and why. This is not intended to be a mere recap of the course. The emphasis here is what you have personally learned and how it will affect your professional goals. Discussing what you have learned during the term will not only help you better process the information, but will help you enhance each other’s learning experience. Please reflect on the previous units and post a response that addresses the following questions:
What were the most important new ideas you encountered and how did they change your understanding of the legal profession?
What have you learned from your discussions and collaborations with your fellow students?
In what specific ways can you use the knowledge you have gained in this course in your chosen profession?
What areas of the subject would you like to continue to explore and why?
PA110 Civil Litigation
Unit 1 Assignment
Unit 1 Assignment: Initial Client Interview
Initial Interview of Mr. Justin King
Mr. Justin King has arranged a telephone interview with you to see whether the firm will take his case. Your role as paralegal is to listen to the “initial interview” of Mr. King by clicking the link below, taking notes, and completing the Initial Interview and Investigation Sheet (Click on “Resources” to access files to assist you in your Assignment.). You may have to listen to the interview several times to make sure you get all your facts straight.
Suggestion: Print out the Interview Fact Sheet found in the Resources section and take notes while you are watching the video.
Once you are sure you have written down all the important facts about Mr. King’s case, use your computer to fill out the interview fact sheet.
Initial Interview Follow-Up and Investigation
At the end of this — or any — client interview, you should always ask yourself: What information is missing from the client’s story? What other facts, information, or parties should I know about before I turn in my client interview sheet to the supervising attorney?
Your supervising attorney will want to know who you think the firm will need to interview and/or depose, and what kinds of evidence you think the firm will need to gather for this case to successfully advocate for the client. In your Initial Interview Sheet, be sure to include a brief explanation why each piece of evidence is necessary.
Complete the Initial Client Interview Form and Investigation Sheet and submit it to the Dropbox by the end of Unit 1. Click on “Resources” to access files to assist you in your Assignment.
PA110 Civil Litigation
Unit 2 Assignment
Unit 2 Assignment: Correspondence to Client
You recently met with the firm’s new client, Justin King. As you put together your notes and complete the Client Intake Interview Form, you realize you need additional information from Justin.
Draft a letter to Justin requesting that he make an appointment to come in and meet with you again. In the letter, be sure to identify any documents or other items you need him to bring in at the time of his appointment. Additionally, if there are specific areas of questioning you want him to think about ahead of time, include an explanation in the letter. Click on “Resources” to access files to assist you in your Assignment.
Submit your letter to the Dropbox by the end of Unit 2 in the dropbox titled Unit 2: Assignment.
PA110 Civil Litigation
Unit 3 Assignment
For this Assignment, you draft a complaint as if you are working for a paralegal for the law firm that represents Justin King. You should draft a complaint against Anheuser-Busch Companies, Inc.
As stated in the accident report, the owner of the truck is Anheuser-Busch. Anheuser-Busch Companies, Inc. has its headquarters in the County of St. Louis, State of Missouri, and Anheuser-Busch Companies, Inc. also carries on business in the State of Illinois. Since Anheuser-Busch has its headquarters in Missouri, Anheuser-Busch is considered a citizen of Missouri for diversity of citizenship purposes. Justin King is a citizen of Illinois for diversity purposes. His address is 123 Main Street, Chicago, Illinois 60601 (In the Initial Client Interview, King indicates his address is 123 Main Street, Kansas City, Missouri, but the correct address is 123 Main Street, Chicago, Illinois 60601). Frank Cuellar is the driver of the Anheuser-Busch truck in question. Cuellar is a resident and citizen of Cook County, Illinois. The accident took place in Paxton, Illinois. Paxton is located in Ford County, Illinois. The name of the court where you should file the complaint is the United States District Court for the Central District of Illinois. Federal court jurisdiction will be based on diversity of citizenship jurisdiction.
You can assume that the driver of the truck, Frank Cuellar, is an employee of Anheuser-Busch, and that Cuellar was acting within the scope of their employment at the time of the accident. As stated in the Initial Client Interview in Unit 1, King has $145,000 in past medical bills and has $100,000 in future medical expenses with plastic surgery and counseling.
Anheuser-Busch incurred total damages of $55,000 based on the accident involving Justin King. This includes $50,000 in damage to the beer truck and $5,000 in lost cargo. The vehicle was worth $120,000 before the accident and the vehicle was worth $70,000 immediately after the accident. As stated in the accident report, the date of the accident was April 8 [last year].
You should state only one cause of action for negligence in the complaint. The facts for the complaint should be based on the Initial Client Interview, information in the accident report, and the client intake form. For purposes of this simulated law office Assignment, do NOT include a summons or certificate of service. You should also not include the name of the judge or the civil action number since the court provides this information.
Use the Complaint Form to draft the complaint. Using the form, you should fill in the missing information. The complaint should be clean and presentable as if you were submitting the complaint to the court. Delete italics and instructions when using legal forms.
Certain sections of a complaint tend to be boilerplate language (for example, the greeting, damages, jury demand, prayer for relief). When looking at a complaint, sections are separate and in this order:
Case caption: Tells which court you are in and who the parties are. Leaves room for the court clerk to stamp a case number onto. Do not put this information in column format. The Dole case forgot the close-quotes down the middle to cordon off the names from the court space. See the Viacom case for a proper case caption.
Title of the pleading: The pleading here would be called the Complaint. In some jurisdictions, it is called a Petition.
Short introduction: A typical introduction might state: “Comes Now, the plaintiff, Justin King, by and through his attorney, and alleges:” (It can be just this short)
Parties: Who the parties are and where they reside to show the court it has personal jurisdiction over the parties.
Jurisdiction and Venue: What statute or statutes give the court authority to hear the subject matter of the case and that the chosen courthouse is the correct one (i.e., venue).
Allegations or Statement of Facts: What happened. Tell the story of the accident. Tell the story in the most succinct way possible. Do not skip around. Try to keep the flow so it is convincing. This is where computers are useful because you can cut and paste and rearrange paragraphs to make the client’s story more cohesive and enrapture the audience (the judge) to want to give you what you are asking for.
Causes of Action: What legal theories are you asserting? What duty did defendant have towards plaintiff? How did defendant breach that duty? How was plaintiff hurt by the breach? Each cause of action is listed separately. See Chapter 4 in the book for the facts needed to be alleged for each cause of action.
Damages: What is plaintiff asking for? Take a look at the damages request from the Dole case. It is a general damages request, and a lot of attorneys use just that wording in every complaint pleading they draft. Remember some lawyers consider this boilerplate language and cut from an old complaint pleading to paste into a new complaint pleading. (As you can tell, been there, done that to make life a little easier.) BUT keep in mind that depending on the causes of action you may need to be a lot more specific in your damages demand.
Jury Demand: If you want a jury, you have to ask for it.
Prayer for Relief: Ask the court nicely to help the plaintiff. Commonly considered boilerplate. The Dole E.coli case is a very good example.
Date when the complaint is submitted to the court: This is especially important because there will always be a statute of limitation, a statute of repose, etc. and time matters to the law.
Attorney information and signature: This is usually done single spaced, not double spaced. Remember the attorney’s bar number, street address, city, state and zip, phone number, and fax number. Also, who does the attorney represent?
Once you have your section headings and have started to craft the information within each section, remember to number your paragraphs sequentially (1, 2, 3, etc.; not 1.1, 1.2, 1.3). Click on “Resources” to access files to assist you in your Assignment.
Submit your Assignment to the Dropbox by the end of Unit 3 in the dropbox titled Unit 3: Assignment.
PA110 Civil Litigation
Unit 4 Assignment
You will now put yourself in the shoes of a paralegal working at a defense law firm. A defendant in the Justin King complaint has retained your law firm to represent it against Mr. King.
Your supervising attorney has asked you to do some preliminary research to determine what legal, affirmative defenses your client may have in this case.
You should conduct legal research on Westlaw to research cases. To access Westlaw, click on the Library under Academic Tools. No separate sign-on is required. You will then click on Westlaw Campus Research.
View a video tutorial on how to use Westlaw.
After viewing the tutorial, conduct research of cases of affirmative defenses on Westlaw. Select one case which you think is most relevant for the case. You should select a published or reported case for this Assignment. Do not select an unpublished case. Some courts prohibit using unpublished cases. Unpublished cases also carry less weight and authority than published cases. Go to the “Course Documents” section under Course Resources to access files to assist you in your Assignment.
Part 1. Research Strategy: In Part 1, explain your research strategy. Write this in first person. Make sure to write in complete sentences and paragraphs. You should state the database or sources of documents that you searched (e.g., Illinois state cases), the search method you used (e.g., “advanced search” or “easy search”), and the search terms you used. You should state how you used KeyCite to verify that the case has not been reversed or overruled. You should also explain the strategies you used to refine the search such as revising the initial search terms, limiting the search by date, and other search strategies.
Part 2. Case Citation and Summary: In Part 2, provide the citation for the case you selected in Bluebook citation format and provide a summary of the case and affirmative defense described in the case. The summary should provide a summary of the facts and holding in the case you select focusing on the affirmative defense.
Submit your Assignment to the Dropbox by the end of Unit 4 in the dropbox titled Unit 4: Assignment.
PA110 Civil Litigation
Unit 5 Assignment
For this Assignment, you will draft an Answer in the Justin King case. You are now working as a paralegal for the law firm that represents the defendant, Anheuser-Busch. You should provide an Answer to the Complaint that you drafted for the Unit 3 Assignment.
A sample Answer can be found here under “Resources”. The Resources provides a checklist and sample Complaints. Note that it is not acceptable to copy and paste the language from the sample forms. Remember, your work must be your own. Click on “Resources” to access files to assist you in your Assignment.
Use the following document to complete your Assignment:
Answer Form
How to Draft an Answer
You are to draft an Answer on behalf of the defendant who was sued by plaintiff, Justin King, in your Unit 3 complaint. Similar to the complaint, certain parts of the Answer typically contain standard or boilerplate language. Here are the standard sections of an Answer:
Case caption: Also called the style of the case, the caption identifies the court, the parties, and the case number. In some jurisdictions, the judge’s name may also be included.
Title of the Pleading: For example, the answer might be titled Defendant’s Answer to Plaintiff’s Complaint.
Short Introduction: Usually reads, “Comes now, the Defendant, by and through his attorney, and alleges:”
Answer to Plaintiff’s Allegations: Since you are learning the Federal Rules of Civil Procedure, it is important to understand that under FRCP 8, the defendant must admit or deny each separately numbered paragraph in the plaintiff’s complaint. Alternatively, in some instances, the defendant may state he is unable to admit or deny plaintiff’s allegations due to insufficient information. Some states may permit a general denial of the answer. If the defendant is defending against a lawsuit filed in state court, you must research that state’s rules of civil procedure in order to determine whether or not the defendant must admit or deny each separately numbered paragraph or may file a general denial to the plaintiff’s complaint.
You should have specific admissions and denials which correspond to the Complaint you drafted for the Unit 3 Assignment.
Example:
Defendant admits the allegations of Paragraphs [ ] of the complaint.
Defendant denies each and every allegation of Paragraphs [ ] of the complaint because [state reasons].
With respect to paragraphs [ ], the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations.
Affirmative Defenses: An affirmative defense is a defense that defeats or diminishes the plaintiff’s claim or cause of action, even if plaintiff’s proves all elements of the claim. Examples include accord and satisfaction, statute of limitations, failure of consideration, consent, failure to mitigate damages, lack of personal or subject matter jurisdiction. In the answer, you will include affirmative defenses that may defeat or diminish the plaintiff’s claims.
Counter-Claim: A claim for relief asserted against an opposing party after an original claim has been made. A counter-claim is a counter-demand or a cause of action that exists in favor of the defendant against the plaintiff that the defendant might have brought a separate action. In the answer, you should assert a counter-claim for negligence against Justin King. You should include facts for all of the elements for negligence just like would with a cause of action in the complaint. Anheuser-Busch incurred total damages of $55,000 based on the accident involving Justin King. This includes $50,000 in damage to the beer truck and $5,000 in lost cargo. The vehicle was worth $120,000 before the accident and the vehicle was worth $70,000 immediately after the accident. You can allege that King was negligent and that this caused the damage to the truck and cargo.
Prayer for Relief: The general prayer asks for the relief requested in the answer, along with any and other such relief to which the defendant may be entitled, or similar language.
Date and Attorney Information and Signature
Your Assignment should be a 2–3 pages in length and include all of the sections listed above. In addition, ensure that your writing should be well ordered, logical, and unified, as well as original and insightful. Your work should display superior content, organization, style, and mechanics and follow the conventions of Standard American English (correct grammar, punctuation, etc.). Use the appropriate citation style for all citations. More details can be found in the GEL-1.02 Universal Writing Rubric.
PA110 Civil Litigation
Unit 6 Assignment
Interrogatories are a tool of formal discovery that permit a party to obtain written answers to questions about a case.
Similar to the complaint and answer, you will include the case caption, pleading title, and a brief introduction to the interrogatories.
Often, interrogatories will be accompanied by instructions and definitions in order to avoid confusion or objection to the interrogatories.
The interrogatories themselves are designed to elicit information relevant to the case, from basic information such as name, contact information, and employment history, to case-related questions such as identification of witnesses and experts and explanation of the facts supporting the plaintiff’s claims or the defendant’s defenses. The FRCP and state rules of civil procedure typically set a maximum number of interrogatories that may be asked at one time, called a “set.” For example, the FRCP permits only 25 interrogatories, including sub-questions. Court order or stipulation is required to ask more than the 25 interrogatories in federal court. Some courts have standard or pattern interrogatories.
Interrogatories are required to be verified. This means that once a party answers the interrogatories, after the attorney information, an affidavit will state that the witness is answering the interrogatories under oath and before a notary public and that they are true and correct.
Using the information you have collected thus far in the Justin King case, draft one set of five interrogatories to the Plaintiff and one set of five interrogatories to the Defendant Anheuser-Busch. Do not use the basis demographic questions, such as name, address, marital status, and social security number. Use the Interrogatories Forms below (set to plaintiff and set to defendant) to draft the interrogatories. You should identify the rule number in the interrogatories and draft the text of the interrogatories. You might consider using some of the sample interrogatories in Chapter 11 of the course text. For purposes of this Assignment, you do not need to include instructions or definitions with the interrogatories. Click on “Resources” to access files to assist you in your Assignment.
Use the following documents to complete your Assignment
PA110_interrogatories_set_to_plaintiff_unit6.doc
PA110_interrogatories_set_to_defendant_unit6.doc
Submit the Interrogatories to the Dropbox by the end of Unit 6 in the basket titled Unit 6: Assignment.
Please note that it is not acceptable to copy and paste the language from the sample forms or from your classmates’ postings. Remember, your work must be your own.
PA110 Civil Litigation
Unit 7 Assignment
Requests for Production
For this Assignment, you will draft two sets of requests for production of documents in the Justin King case. You will draft one set (with two requests) from the Plaintiff, Justin King, to Defendant, Anheuser-Busch, and you will draft one set (with two requests) from Defendant, Anheuser-Busch, to Plaintiff, Justin King. This Assignment is similar to the interrogatories you drafted for the Unit 6 Assignment. Now, you will draft requests for production of documents. Use the forms below for Requests for Production of Documents. Click on “Resources” to access files to assist you in your Assignment.
Use the following documents to complete your Assignment:
Request for Production of Documents — Plaintiff
Request for Production of Documents — Defendant
Submit your Requests for Production to the Dropbox by the end of Unit 7, in the basket named Unit 7 Assignment.
PA110 Civil Litigation
Unit 8 Assignment
Memorandum
Parties in civil litigation often try to reach a settlement to help reduce the significant costs, time, stress, and risks associated with litigation. Settlements also help ease the public problems associated with overcrowded dockets. A law firm that represents the plaintiff in a personal injury case may sometimes create a settlement brochure or a video settlement brochure to help achieve a settlement for the client.
For the Unit 8 Assignment, you are working as a legal assistant for the law firm that represents Justin King and set out a plan to decide if the legal team for Justin King should prepare a video settlement brochure.
You will conduct legal research and then write a memorandum to the supervising attorney that represents Justin King addressing the questions listed below. You should conduct legal research on Westlaw or in the Library, or through online articles that discuss video settlement brochures. For example, you might consider running a search on Westlaw in the Law Reviews and Journals database for “video settlement brochure.” You should cite at least two different credible and reliable sources in the memorandum. The memorandum should be 2–3 pages in length with double-spaced lines and 1 inch margins. Use Bluebook or APA citation format. Make sure to cite your sources both in-text and in the references page. Click on “Resources” to access files to assist you in your Assignment.
Questions to Address in the Memorandum:
How can a video settlement brochure help achieve the goals of the legal team representing Justin King?
Should the firm hire an outside production company or create the video settlement brochure in-house?
Should the video settlement brochure focus on liability, damages, or both?
What witnesses should be included in the video settlement brochure?
Use the following template to complete your Assignment.
Unit 8 Assignment Template
Submit the completed Assignment to the Dropbox by the end of Unit 8, in the basket named Unit 8 Assignment.
PA110 Civil Litigation
Unit 9 Assignment
Make and Ethical Decision
Your client, Justin King, has informed you that before leaving Chicago on the date of the accident, he met friends for pizza and beer. He informed you that he “had quite a few” before getting on his Harley. Because he was unconscious immediately after the accident, no tests were conducted to determine if he was under the influence at that time.
Subsequently, you have learned that his toxicology reports from Paxton Medical Center were erroneously destroyed by the hospital as part of its standard document retention policy. Justin has told you that he intends to lie in the upcoming litigation if he is asked if he had any alcohol prior to the accident. How should Justin’s legal team handle this situation?
Draft a one- to two-page descriptive analysis of this ethical dilemma. Identify and analyze three applicable ABA Model Rules of Professional Conduct. These are available on the American Bar Association (ABA) website.
Note: The ABA Model Rules of Professional Conduct is the source to use for this assignment
On the ABA website, click on “Resources” to access files that will help you with the assignment.
Reference: Model Rules of Professional Conduct: American Bar Association. Retrieved from http://www.americanbar.org/groups/professional_responsibility/publications/
model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents.html
In addition to fulfilling the specifics of the assignment, a successful paper must also meet the following criteria:
Include a title page and references page in 10 – 12-point font (Arial, Courier, and Times New Roman are acceptable)
Viewpoint and purpose should be clearly established and sustained
Assignment should follow the conventions of Standard English (correct grammar, punctuation, etc.)
Writing should be well ordered, logical and unified, as well as original and insightful
Your work should display superior content, organization, style, and mechanics
Appropriate 6th edition APA formatting and citation style should be followed
You should also make sure to:
Include a title page with full name, class name, section number, and date
Include an introductory and concluding paragraph and demonstrate college-level communication through the composition of original materials in Standard English
Use examples to support your discussion
Cite all sources on a separate reference page at the end of your paper and cite within the body of your paper using 6th edition APA format and citation style. For more information on APA guidelines, visit APA Style Central.
PA110 Civil Litigation
Unit 1 Quiz
Question 1 A paralegal is entitled to do all those things a lawyer may do as long as:
Question options:
the paralegal is working under the supervision of a lawyer.
the paralegal takes full responsibility for his or her actions.
the paralegal is certified.
none of the above
Question 2 An example of a wrongful act that will not give rise to a cause of action:
Question options:
the breach of a contractual duty.
the breach of a statutory duty.
the breach of a duty established by common law.
the breach of an ethical duty.
Question 3 A lawyer must disclose a potential conflict of interest to the client where the opposing party is a former client.
Question options:
True
False
Question 4 A lawyer need not comply with a client’s request that the lawyer:
Question options:
commence a groundless lawsuit.
not assert a claim.
settle a lawsuit.
dismiss a lawsuit.
Question 5 Insofar as a statute is inconsistent with a common law rule, the common law rule is abrogated.
Question options:
True
False
PA110 Civil Litigation
Unit 2 Quiz
Question 1 Which of the following cases would NOT have jurisdiction under the federal judicial system?
Question options:
civil lawsuits that arise under federal laws.
cases between two or more states.
cases between a citizen of one state and the citizen of another state where the amount in controversy is $40,000.
civil lawsuits that arise under the United States Constitution.
Question 2 The absence of personal jurisdiction is an affirmative defense that may be waived either intentionally or inadvertently.
Question options:
True
False
Question 3 In determining whether there is a diversity of citizenship between the plaintiff and defendant so that the case may be litigated in a federal district court, the court looks to the parties’ citizenship at the time of the occurrence (accident) that gave rise to the action.
Question options:
True
False
Question 4 State legislatures may change the structure and functions of state courts through legislation.
Question options:
True
False
Question 5 As long as the court has personal jurisdiction over the defendant the action may proceed against the defendant even though the court lacks subject matter jurisdiction.
Question options:
True
False
PA110 Civil Litigation
Unit 3 Quiz
Question 1 Even though a defendant’s negligence is not the proximate cause of the accident, the defendant may be liable if the defendant’s conduct was particularly egregious.
Question options:
True
False
Question 2 In a product liability case, the plaintiff’s claim may be based upon:
Question options:
negligence.
breach of warranty.
strict liability in tort.
all of the above.
none of the above.
Question 3 The clerk of court assigns a file number to the action when the complaint is filed, but all subsequent pleadings, motions, orders, affidavits, and depositions must be given a new and separate number.
Question options:
True
False
Question 4 Each cause of action is limited in the kinds of remedies a court can grant.
Question options:
True
False
Question 5 Consent is a complete defense to an action in trespass.
Question options:
True
False
PA110 Civil Litigation
Unit 4 Quiz
Question 1 A statute of limitations ordinarily begins to run against a cause of action at the time the cause of action accrues.
Question options:
True
False
Question 2 The plaintiff is required to prove all allegations that the defendant admits in the answer are true.
Question options:
True
False
Question 3 Under the Rule 13 of the Federal Rules of Civil Procedure, a compulsory counterclaim arising from the same transaction or occurrence as the plaintiff’s claim must be asserted in the answer.
Question options:
True
False
Question 4 Most affirmative defenses must be proven:
Question options:
by clear and convincing evidence.
beyond a reasonable doubt.
by a preponderance of the evidence.
by prima facie evidence.
Question 5 The time period for filing the answer begins the day after the summons and complaint are served.
Question options:
True
False
PA110 Civil Litigation
Unit 6 Quiz
Question 1 Federal rules require the notice of taking deposition to specify how the testimony will be recorded.
Question options:
True
False
Question 2 The notice for taking the non-party’s deposition should be signed by:
Question options:
a lawyer.
a party.
a paralegal.
any of the above.
Question 3 A deposition transcript of the deponent’s testimony may not be presented to the jury in place of the deponent’s live testimony even if the deponent is not available to testify at trial.
Question options:
True
False
Question 4 The deponent need not give a reason or an explanation for each change he or she makes to his or her deposition transcript.
Question options:
True
False
Question 5 The court reporter makes a verbatim record of the entire proceeding at an oral deposition.
Question options:
True
False
PA110 Civil Litigation
Unit 7 Quiz
Question 1 For whatever reason, if the plaintiff does not like the defendant’s choice of independent medical examiner, the defendant will have to select an alternative examiner.
Question options:
True
False
Question 2 The respondent must produce business records in the same form and condition as they are used in the respondent’s business.
Question options:
True
False
Question 3 The defendant must ordinarily pay the expenses the plaintiff incurs in traveling to and from the place of the examination.
Question options:
True
False
Question 4 Which rule under the Federal Rules of Civil Procedure authorizes an independent medical exam if the medical condition of the plaintiff is at issue in the case?
Question options:
Rule 26
Rule 34
Rule 35
Rule 37
Question 5
The plaintiff’s lawyer does not have an automatic right to interview the independent medical examiner selected by the defendant.
Question options:
True
False
PA110 Civil Litigation
Unit 8 Quiz
Question 1 In federal court, a losing party may simply appeal from the judgment; a motion for a new trial is not necessary.
Question options:
True
False
Question 2 The party who opposes a summary judgment has the burden of showing there is no dispute concerning any material fact.
Question options:
True
False
Question 3 Parties may submit oral testimony from witnesses during a summary judgment hearing.
Question options:
True
False
Question 4 A party may offer live testimony to support or oppose a motion for summary judgment.
Question options:
True
False
Question 5 Which rule under the Federal Rules of Civil Procedure governs summary judgment?
Question options:
Rule 12
Rule 45
Rule 56
Rule 60
PA110 Civil Litigation
Unit 9 Quiz
Question 1 A lawyer may be disbarred for committing an act involving moral turpitude.
Question options:
True
False
Question 2 As long as the court has personal jurisdiction over the defendant the action may proceed against the defendant even though the court lacks subject matter jurisdiction.
Question options:
True
False
Question 3 A statement not made under oath cannot be used to impeach the witness if the witness changes his or her version of the facts.
Question options:
True
False
Question 4 An appellate court will not “second guess” the trial court’s resolution of disputed fact issues if there is some evidence to support the trial court’s conclusion.
Question options:
True
False
Question 5 It is not necessary to have a witness sign a transcription of a stenographic statement since witnesses are always under oath to tell the truth.
Question options:
True
False
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