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
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.
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