Legal anaylsis final

Question 1:

1. Chapter 12, Assignment 6 (Answer all three questions for both Parts A and B)

FOR EACH OF THE THREE CLIENT FACT SITUATIONS PRESENTED BELOW, USE THE FOLLOWING SUMMARY COURT OPINION.

FOR EACH FACT SITUATION ANSWER THE FOLLOWING:
1. WHAT ARE THE FACT SIMILARITIES AND DIFFERENCES BETWEEN THE COURT OPINION AND THE CLIENT’S FACT SITUATION?
2. IS THE COURT OPINION ON POINT? WHY OR WHY NOT?
3. IF THE COURT OPINION IS ON POINT, WOULD IT BE MANDATORY OR PERSUASIVE PRECEDENT?

COURT OPINION:
VINEYARD V. PALO ALTO. MR. VINEYARD WAS INJURED ON DECEMBER 29, 2009, IN A CAR ACCIDENT WHILE DELIVER-ING PIZZAS FOR HIS 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 WORKER’S COMPENSATION BENEFITS REFLECTING HIS WAGES FROM BOTH JOBS. THE PARTIES DISPUTED HOW TO COMPUTE THE AGGREGATE WEEKLY WAGE TO BE USED TO DETERMINE THE VALUE OF THOSE BENEFITS. FOR EMPLOYMENT LESS THAN 26 WEEKS, § 52-1-20(B)(1) OF THE NEW MEXICO WORKERS COMPENSATION ACT COMPELS DIVIDING THE TOTAL WAGES EARNED BY THE WORKER AT THAT JOB BY THE NUMBER OF WEEKS “ACTUALLY WORKED IN THAT EMPLOYMENT.” THE COURT 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 THE AGGREGATE OF ALL AVERAGES SHOULD THEN BE CALCULATED.

PART A
CLIENT’S FACTS: SAMANTHA WAS AN ASSEMBLY LINE WORKER AT A FACTORY THAT PRODUCED PLASTIC BAGS FOR USE IN RETAIL STORES. ON JANUARY 9, 2016, THE END OF A CONVEYOR LINE COLLAPSED AND CRUSHED SAMANTHA’S FOOT. SAMANTHA STARTED WORKING AT THE FACTORY ON OCTOBER 1, 2015. SAMANTHA ALSO WORKED 20 HOURS A WEEK FOR A NON-PROFIT AGENCY. SHE BEGAN WORKING FOR THE NONPROFIT AGENCY ON SEPTEMBER 15, 2015. SHE IS UNABLE TO WORK AT EITHER JOB FOR AT LEAST THREE MONTHS. THE HEARING OFFICER ASSIGNED TO CALCULATE HER BENEFITS UNDER NEW MEXICO’S WORKER’S COMPENSATION STATUTE § 52-1-20(B)(1) HAS CALCULATED HER AVERAGE WEEKLY BY AVER-AGING HER HOURLY WAGE FOR BOTH JOBS AND AVERAGING THE NUMBER OF WEEKS SHE WORKED AT THE TWO JOBS. SAMANTHA WANTS TO APPEAL THE MANNER THAT THE AVER-AGE WEEKLY WAGE WAS CALCULATED.

PART B
CLIENT’S FACTS: BECKY, A WYOMING RESIDENT, WAS INJURED WHILE DELIVERING PACKAGES FOR HER EMPLOYER, D2D (DISTRIBUTOR TO DOOR). SHE BEGAN WORK FOR D2D ON DECEMBER 15, 2015. SHE ALSO WORKS AS A DOG TRAINER ON WEEKENDS AND BEGAN THAT JOB ON SEPTEMBER 1, 2015. BECKY ALSO WORKED PROVIDING CLOSED CAPTIONING FOR A LOCAL AGENCY. SHE HAD BEEN AT THAT JOB SINCE AUGUST 1, 2015. WYOMING HAS A WORKERS COMPENSATION STATUTE THAT REQUIRES “DIVIDING THE TOTAL WAGES EARNED BY THE WORKER AT THAT JOB BY THE NUMBER OF WEEKS ACTUALLY WORKED IN THAT EMPLOYMENT” FOR EMPLOYMENT LESS THAN 30 WEEKS. THERE IS NO APPLICABLE WYOMING CASE. THE PARTIES DISAGREE ON HOW TO CALCULATE THE AVERAGE WAGE FOR PURPOSE OF DETERMINING BENEFITS.

Question 2:

2. Chapter 9, Assignment 10 (Make sure to IRAC – issue, rule, analysis, and conclusion – your response)

Facts
Joe, a 14 year old, was at a party. At 12:30 a.m., he was sitting on the steps to the apartment where the party was occurring when he saw two police cars arrive. He yelled to the party-goers, “5-0.” Joe remained sitting outside as the police approached. An officer took Joe to a police car and sat him in the back seat. The offer asked Joe his name, date of birth, address, and his parents’ names and phone number. The officer cited Joe for the curfew violation.

Rule of Law
A person subject to a custodial interrogation must be given Miranda rights before the questioning begins. “Custody” is defined as a reasonable person’s liberty is retrained to the extent 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. The cur-few law states a person under the age of 15 who is outside their residence past 11:00 p.m. without the presence of a parent, guardian, or supervising adult, is a delinquent youth.

Assignment
The researcher’s assignment is to determine if the officer should have read Joe the Miranda warning before questioning him

Question 3

Legislative Act:
Section 40-3-6-9A of the state criminal code provides that a noncustodial parent may be convicted of custodial interference when the noncustodial parent “maliciously takes, detains, conceals, entices away, or fails to return the child, without good cause, for a protracted period of time.” Assume there is no case law on point in the juris-diction relevant to the following fact situation.

Facts: Mary has primary custody of her son. The father, Tom, has legal custody for two months in the summer. Tom takes the son for two months in the summer but fails to tell Mary where the son is and does not allow her to communicate with him. Before he leaves with the son, Tom tells Mary, “I’m going to punish you for the way you’ve treated me.”

Assignment: Mary presents the following arguments in support of her claim that Tom is in violation of the statute. What are the counterarguments to each argument?

Part A
Tom’s actions constitute concealment within the meaning of the statute.

Part B
Same facts, but when Tom is leaving, he says, “Since you wouldn’t allow me to communicate with him when you had custody, I’m going to do the same.” Mary argues that Tom’s actions constitute concealment.

Part C
Same facts except that Tom says nothing when he picks up the son.

Part D
Tom allows the son to communicate with Mary, but he returns the son one day late. Mary argues that this constitutes failing to return the child without good cause for a protracted period of time.

Part E
Same facts as in part D except that Tom returns the son two weeks late.

Part F
Same facts as in part E except that Tom explains that he was unable to return the son on time because his car engine blew up, and it took two weeks to fix it

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