IN THE COURT OF APPEALS OF THE STATE OF FICTION No. 00-00001 MARCIA HANSON, Petitioner, v. JOHN and RITA SMART, Respondent. ON APPEAL TO THE COURT OF APPEALS OF THE STATE OF FICTION FROM THE FICTITIOUS TRIAL COURT BRIEF OF PETITIONER Some Lawyer Attorney for Petitioner 4567 Any Lane Anytown, Fiction 37214 TABLE OF CONTENTS Index of Authorities …………………………………………………………. X Statement of Jurisdiction …………………………………………………….. X Statement of Issues …………………………………………………………... X Statement of Facts ……………………………………………………………. X Argument …………………………………………………………………….. X Conclusion ……………………………………………………………………. X Relief ………………………………………………………………………….. X INDEX OF AUTHORITIES Cases Party A v. Party B, _ _ XX _ _ _ (Fict. 199_) You v. Me, _ _ _ XX.2d _ _ (Fict. 197_) Statutes Fiction State Statute § XX-X-XXX STATEMENT OF JURISDICTION This Honorable Court has jurisdiction pursuant to Fiction Code Annotated § xx-x-xxx QUESTIONS PRESENTED DOES Fiction State Statute§ XX-X-XXX PROVIDE FOR A DISMISSAL BASED ON A FIRST BITE DEFFENSE? STATEMENT OF THE FACTS On April 23, 2008, at approximately 4:00 AM, Marcia Hanson was delivering newspapers for The Smalltown newspaper in Anytown, Fiction. As Ms. Hanson approached the home of John & RITA SMART, their dog, a male pit bull named Spot, ran barking from the back of the house and approached Ms. Hanson on the sidewalk. Spot then charged Ms. Hanson, biting her on the right leg, ankle and foot. Mrs. SMART unsuccessfully attempted to call Spot off of Ms. Hanson. Hearing the commotion, Mr. SMART came out of the house and commanded Spot to “hold down,” at which time the dog immediately released Ms. Hanson’s foot and ran to Mr. SMART. Mrs. SMART called 911 and within minutes the Anytown Fire Department and paramedics arrived at the scene. They staunched the flow of blood from Ms. Hanson’s foot and transported her to Smalltown Hospital where she was sedated and received 140 stitches in her right leg, ankle and foot. She was given a tetanus shot and admitted for overnight observation. Smalltown Police Department arrived at the scene where they took a report from Mr. & Mrs. SMART, recorded Spot’s rabies number, and informed them that Spot would have to be impounded for 10 days as required by county ordinance. The SMART’s informed the police that they would take Spot to their veterinarian for the period of impoundment. The police attempted to interview Ms. Hanson at the hospital, but she was heavily sedated and could not speak at the time. Trial was held in Fictitious Trial Court on December 19 th , 2008, Honorable Judge Noble Judge presiding. Judge Judge ruled that while Ms. Hanson was in fact bitten by Spot and was required to have 140 stitches, the Defendant’s would not be held liable under the “first bite” doctrine. The first bite rule exempts .

1. IN THE
COURT OF APPEALS OF THE STATE OF FICTION
No. 00-00001
MARCIA HANSON,
Petitioner,
v.
JOHN and RITA SMART,
Respondent.
ON APPEAL TO THE COURT OF APPEALS OF
THE STATE OF FICTION FROM
THE FICTITIOUS TRIAL COURT

2. BRIEF OF PETITIONER
Some Lawyer
Attorney for Petitioner
4567 Any Lane
Anytown, Fiction 37214
TABLE OF CONTENTS
Index of Authorities
…………………………………………………………. X
Statement of Jurisdiction
…………………………………………………….. X
Statement of Issues
…………………………………………………………... X
Statement of Facts
……………………………………………………………. X

3. Argument
…………………………………………………………………….. X
Conclusion
……………………………………………………………………. X
Relief
…………………………………………………………………………
.. X
INDEX OF AUTHORITIES
Cases
Party A v. Party B, _ _ XX _ _ _ (Fict. 199_)
You v. Me, _ _ _ XX.2d _ _ (Fict. 197_)
Statutes
Fiction State Statute § XX-X-XXX

4. STATEMENT OF JURISDICTION
This Honorable Court has jurisdiction pursuant to Fiction Code
Annotated § xx-x-xxx
QUESTIONS PRESENTED
DOES Fiction State Statute§ XX-X-XXX PROVIDE FOR A
DISMISSAL BASED ON A
FIRST BITE DEFFENSE?

5. STATEMENT OF THE FACTS
On April 23, 2008, at approximately 4:00 AM, Marcia Hanson
was delivering
newspapers for The Smalltown newspaper in Anytown, Fiction.
As Ms. Hanson approached the
home of John & RITA SMART, their dog, a male pit bull named
Spot, ran barking from the back
of the house and approached Ms. Hanson on the sidewalk. Spot
then charged Ms. Hanson, biting
her on the right leg, ankle and foot. Mrs. SMART
unsuccessfully attempted to call Spot off of
Ms. Hanson. Hearing the commotion, Mr. SMART came out of
the house and commanded Spot
to “hold down,” at which time the dog immediately released Ms.
Hanson’s foot and ran to Mr.
SMART. Mrs. SMART called 911 and within minutes the
Anytown Fire Department and
paramedics arrived at the scene. They staunched the flow of
blood from Ms. Hanson’s foot and
transported her to Smalltown Hospital where she was sedated
and received 140 stitches in her
right leg, ankle and foot. She was given a tetanus shot and

6. admitted for overnight observation.
Smalltown Police Department arrived at the scene where they
took a report from Mr. &
Mrs. SMART, recorded Spot’s rabies number, and informed
them that Spot would have to be
impounded for 10 days as required by county ordinance. The
SMART’s informed the police that
they would take Spot to their veterinarian for the period of
impoundment. The police attempted
to interview Ms. Hanson at the hospital, but she was heavily
sedated and could not speak at the
time.
Trial was held in Fictitious Trial Court on December 19
th
, 2008, Honorable Judge Noble
Judge presiding. Judge Judge ruled that while Ms. Hanson was
in fact bitten by Spot and was
required to have 140 stitches, the Defendant’s would not be held
liable under the “first bite”
doctrine. The first bite rule exempts dog owners from liability
for damages incurred if the dog
has not previously bitten anyone.

7. ARGUMENT
A DOG OWNER WHO IGNORES THE DUTY TO KEEP THE
DOG UNDER
CONTROL IS LIABLE FOR DAMAGES TO SOMEONE WHO
IS NOT TRESPASSING.
Fiction State Statute§ XX-X-XXX – Injury caused by dogs;
civil liability; exceptions; limitations
provides the following in part:
(1)(a) The owner of a dog has a duty to keep that dog under
reasonable control at all
times, and to keep that dog from running at large. A person who
breaches that duty is
subject to civil liability for any damages suffered by a person
who is injured by the
dog while in a public place or lawfully in or on the private
property of another.

8. (1)(b) The owner may be held liable regardless of whether the
dog has shown any
dangerous propensities or whether the dog’s owner knew or
should have known of the
dog’s dangerous propensities.
(2) Subsection (1) shall not impose liability upon the owner of
the dog if:
(2) (b) The injured person was trespassing on the property of
the dog’s owner.
Pursuant to the above, the owner of a dog has a duty to keep
that dog under reasonable
control at all times. Neither Mr. nor Mrs. SMART had Spot
under their control, as evidenced by
the fact that he was able to reach Ms. Hanson at the sidewalk
before she had even crossed the
property line. If the dog was unleashed, it can be considered
“at large.” Subsection (1)(b) also
clearly states that the owner will be held liable regardless of
any dangerous propensities, known
or unknown, thus invalidating any first bite provisions.

9. Subsection 2 above relieves the owner of liability if the person
was trespassing. Hanson was
delivering the paper at the request of the SMART’s as they
subscribe to home delivery of the
paper. Hence, she was in no way trespassing.
The trial court, therefore, erred in dismissing Hanson’s claim
and the SMART’s should be held
liable for damages.
In Party A v. Party B, _ _ XX _ _ _ (Fict. 199_) Party B lived
in a rural community and allowed
his Doberman, Muffy, to run free each night between the hours
of 1 and 2 am. Party A was
bitten by Muffy while walking down the road at 1:30 am after
his vehicle had run out of fuel.
The Court awarded Party A damages, ruling that if the owner of
a dog allowed the animal to run
at large, the dog owner was liable for damages resulting from
the dog’s biting a person.
Allowing Spot out of the house without a leash constituted the
dog’s “running at large” and the
SMART’s, therefore, are liable for Ms. Hanson’s damages.

10. In You v. Me, _ _ _ XX.2d _ _ (Fict. 197-) You was awarded
damages when Me’s off-duty
police dog bit her while she was delivering a pizza to the Me
household. The Court held that the
owner of a dangerous dog, kept on the owner’s property, owed
guests the duty of ordinary care
while the guest was on the premises. Mr. and Mrs. SMART
subscribed to The Smalltown
newspaper and knew that it was delivered early each morning,
as it had been for nearly 3 years
prior to the incident. While Spot is not a trained police dog, he
was known to occasionally lunge
and growl without provocation and the inherent dangerous
nature of the breed should have
caused the SMART’s to be more cautious. On the morning in
question, Spot did bite Ms.
Hanson causing her great bodily injury.
CONCLUSION

11. The trial court erred in dismissing Ms. Hanson’s claim for
damages. The SMART’s are
liable for not keeping the animal under their control and
allowing it to run at large which resulted
in harm to the Petitioner, Marcia Hanson.
RELIEF
WHEREFORE, Petitioner respectfully requests that this
Honorable Court reverse the
decision of the Trial Court and award Ms. Marcia Hanson all
medical bills, lost wages, and pain
and suffering in the amount of $150,000.00.
Complete exercise 2-28 and problem 3-46 in the textbook.
Prepare your responses in Excel with each problem on a
separate tab.
at last!!!!
Please remember that the last day to submit any work is Sunday,
February 23rd. please submit your test by Thursday midnight at

12. the latest!
Test 6 is relatively straightforward and considerably less work
than the last few weeks.
Just a few notes for your brief this week (additional important
notes at the bottom of this page also)
1) Be sure to correctly phrase your issues on appeal. Errors at
trial involve the trial court's misapplication of the elements of
your statute -- look to your case law. Otherwise, your research
will provide nothing of benefit. Research the court structure to
make sure you’re bringing in the right court – don’t leapfrog!
Again, the quality of your research will be greatly affected!
Note that Daire provided law and the issue in response to Test 4
if it was posted on time.
2) You may want to study jury instructions regarding the issues
in question, if you can locate them. They can provide a lot of
insight, but your state secondary encyclopedias and journals
will be more readily available.
3) Frequently, the most difficult parts of this assignment regard
first, knowing where to begin. And second, knowing where to
end.
· Begin with your legal issues. Read your court opinions, and
study secondary authority
· remember that the courts appreciate brevity, as do we! In fact,
many if not most courts specify a maximum number of pages in
the brief itself. It is not the length of the assignment that
matters, but rather, the effectiveness of your arguments, and the
weight of your authority.
· When conducting legal research your goal is always to locate
mandatory authority in support of your arguments. Remember,
provide a thorough application of law to the facts! Don’t just
spit out the law—you want to clearly show the court that the
facts in your case are similar enough that they must follow the
reasoning of the court you’re citing, or they differ significantly
enough that law working against you should not apply.
4) Study the web sites provided in the instructor memo from
week five. Some of them provide excellent sample briefs –

13. studying these will clearly indicate how appeals are argued,
how the issues are phrased, etc. Take advantage of any
resources available to you – the more you understand the
appeals process, the clearer your goals will be. I have pasted
the websites below that where provided in week five memo.
Appellate Links:
http://law.duke.edu/curriculum/appellateadvocacy/guide.html
Note, if the link above does not work, copy/paste it into your
browser)
http://www.appellate.net/articles/gdaplbrf799.asp
http://www.appellate.net/briefs/defaultNew.asp
Samples for REVIEW ONLY – watch plagiarism)
5) A simplified appellate brief (very simplified!) is available
through Sample Docs on the main course page. Use this to
illustrate format and the fundamentals of what's involved. I
have attached the SAMPLE provided in the attachments of the
homework post assignment board.
Formatting
Please do NOT use a separate page for each section of the brief.
A line break or two will suffice and save time and paper (i go
through and delete all unnecessary white space prior to printing
these) -- any font/margin settings are fine.
If you follow the formatting directions above, your brief will
likely run between 4-5 pages -- you only need to cite one case
and your statute -- if you have more, that's fine, but courts limit
the number of pages... ours would certainly be less than eight if
we enforced a limit.
The best thing you can do is to jump in and get your feet wet.
Try to have fun with this assignment, and consider how
everything you’ve learned in the last few months is now coming
together.
· Appellate Brief Recommendations
Frequently, the two most difficult areas in this assignment
regard first, knowing where to start:

14. Step One: Identify your issues. Consider the following:
Is it
· Federal or State? Kant is charged under STATE statutes
· Civil or Criminal? Kant is appealing a CRIMINAL conviction
Step Two: Begin to Research your issues.
· What secondary sources and helper aids will be most
beneficial?
· Don’t forget to cartwheel if you’re having trouble with
searches/terms.
· Shepardize/KeyCite any cases you find. They can lead you to
additional cases
· Carefully study a variety of court opinions, as well as relevant
secondary authority, on your legal issues first. You need to
fully understand the concepts and how the court views them.
How have other attorneys presented arguments on these issues –
read and understand both sides
Step Three: Once you fully understand your legal issues, begin
your search for specific law to support your arguments.
Remember to check statutes, and again, don’t forget the full
value of Shepard’s/KeyCite.
Step Four: After you fully understand the concepts, arguments,
and your supporting law, begin your analysis.
Step Five: Prepare your Brief – note, you may find it more
beneficial to work out of order. For instance, presenting your
legal questions, or stating the case, may focus you.
Your second big challenge will likely involve knowing when to
stop:
· For a single-issue scenario, a couple of cases and a statute will
normally suffice IF you apply the law to the facts. Weave the
law into your facts (and vice versa) throughout the arguments.
Don’t just spit out the facts, and then state the law. Use the
facts from both cases to illustrate how the law applies, or does
not apply, in Kant’s case. As mentioned previously, go back to
the components of legal analysis from last session, if necessary.
The tools remain the same.
· Remember that your goal is to locate mandatory authority in

15. support of your argument/s – investigate and appreciate your
state court structure with regard to this issue.
Brief Components:
Cover Page:
· Be sure to check format for your jurisdiction. Correctly
identify the Appellate Court and note your Trial Court. Ensure
that your parties and their roles are correctly identified.
Table of Contents:
· Point headings and subheadings listed; accurate page
references.
· Correctly note pages on which each authority is cited
Table/Index of Authorities:
· Divided into sections: cases, constitutional provisions,
statutes, and miscellaneous.
· Cases should be in alphabetical order.
· Correct citation format – check the Bluebook
Statement of Jurisdiction:
· Simple statement setting forth the statute, court rule or state
constitutional provision which confers appellate jurisdiction
over your issue and trial court. Look to your rules of
court/state code for this.
Questions Presented:
· Issues of Law only – WATCH HOW YOU PHRASE THESE!
Study some briefs if this is unclear.
· Do not retry the case
· Do not raise factual issues.
· Legal Questions should suggest an answer favorable to your
client
Statement of Facts:
· Introduces the firsttime reader to the facts of the case.
· No legal argument presented here.
· Nothing unessential.
· Nothing that doesn’t serve a purpose in advocacy:
· Highlight key favorable facts through use of positions of
emphasis and strong, active language.
· Deemphasize unfavorable facts by juxtaposing them with

16. favorable facts, burying them midsentence or midparagraph, or
using flat, general language
· Convey a tone supporting, not arguing your position
Argument:
· Each major section of the Argument opens with a thesis
paragraph
· states the relevant law or legal standard;
· states your position on the error alleged at trial;
· provides a guide to how the argument will unfold.
· Major issue presented first
· Paragraphs open with an assertion or claim about this case,
NOT observation or exposition of the law
· Apply the law to the facts -don’t just reiterate the law!!!!
· Show the court why this case should be decided in your favor
· If citing case law, describe the facts of that case to illustrate
its relevance
· Argue by analogy or distinction to give concrete examples of
how courts have applied the law
· Limit quotations
· Anticipate and counter opposing counsel’s arguments
· Don’t rely solely on the law – your arguments should be
logical and fair on their own merits
Conclusion:
· Ask for the specific relief sought
Appendix:
· None for this assignment
GRADING SCALE:
Legal Research (includes issue spotting and phrasing) – 45%
Legal Analysis – 45%
Document Formatting, Legal Citation Skills, Jurisdiction– 10%
Finally, watch plagiarism!!!!
It’s extremely easy, and incredibly tempting to find yourself
crossing lines without even thinking about it – especially when
reading opinions or briefs online! By this point, we’re familiar
with your writing style, your strengths and weaknesses, your
rationale and analysis… if you find it on the web, it’s very

17. likely that we’ll find it, as well
· Apply your own analysis
· Correctly cite any other author’s work
· Avoid any and all instances of copy/paste.
Appellate Links:
http://www.appellate.net/articles/gdaplbrf799.asp
http://www.appellate.net/briefs/defaultNew.asp
(Samples for REVIEW ONLY – watch plagiarism)
Okay, have fun with this. You should see a lot of what we’ve
covered in the last few months come together here, so as
challenging as this is, it should be incredibly gratifying to see
how far you’ve come.
Test 6 Due THURSDAY
Section One
6 points
Explain the differences among law office billing procedures,
specifically, the differences involved in billing on a
contingency basis, a flat fee basis, and an hourly basis.
Section Two
4 points
Discuss the advantages and disadvantages of working as a
freelance paralegal.
Section Three
20 points
Discuss the types of cases that would be handled in each of the
following five law offices. (e.g., in a probate practice,
paralegals would work on wills and trusts.)
state attorney general's office
public defender's office
legal aid office

18. county prosecutor's office
private family law practice
Section Four
5 points
Research the ABA rules of professional of conduct and
summarize the sanctions imposed on attorneys for over billing
clients. What role does the paralegal play in maintaining
accurate billing statements?
Section Five
5 points
What are the functions of a successful billing system? (2 points)
List at least 3 advantages computerized time-tracking has over
manual time-tracking. (3 points)
Section 6
10 points
Identify which tasks can be billed to the client.
Client
Description of Services
1.
Mary Jones
Prepare draft of e-mail to client regarding date of hearing.
2.
Fred Smith
Prepare draft of Deed of Trust, Promissory Note, Addendum to
Deed of Trust, and letter to Title Company for flat fee real
estate case.
3.
PanAm Fruit & Vegetables
Prepare draft of letter to Mr. Miller.
4.
Dog Sitters Co.
Deposit retainer check in Trust account at Friendly Bank.
5.
Fred Smith
Prepare revision of real estate transfer papers.

19. 6.
Karl Clark
Witness Interview: Jennifer Miller
7.
David Kirscher
Prepare draft of Order Granting Hearing on Summary Judgment.
8.
Karl Clark
Prepare medical chronology
9.
Fred Smith
Prepare final revision of real estate transfer papers.
10.
Gold East, Inc.
Organize client file and index documents.
Research and Writing: Brief Assignment
100 points
Submit your responses by Sunday PLEASE DRAFT YOUR
ANSWERS IN A WORD PROCESSING PROGRAM AND
SAVE IT TO YOUR COMPUTER.
Submit your Answers in an Attachment.
Note: When formatting this assignment, please do not include
each section on its own page as directed. A line break or two
between sections will suffice and save paper/trees
Review the fact pattern provided below. At this time, Mr. Kant
stands convicted of either petit larceny or shoplifting, as
dictated by your state statutes, and your office has been hired to
handle the appeal. Based on your lessons and reading material
regarding legal analysis and writing, legal research, legal
citation and appellate procedure, prepare the appellate brief
based on relevant statutory and case law from your state of
residence. Proper format is outlined in Statsky Ch. 12 pgs. 600 -

20. 602 and detailed in your state court rules, formbooks, etc.
Thoroughly research the issues involved and address the
statute/s from your state under which Mr. Kant would be
charged and convicted. Locate at least one binding opinion upon
which to base your arguments and apply the opinion in a
thorough and concise manner. You should also apply any
relevant secondary authority that might be used in support of
your arguments. In completing this assignment, please focus on
demonstrating your research, analysis, citation and writing
skills over format of the brief.
Bear in mind that you do not have access to the trial court
record for this assignment, which would not be the case in an
actual law office setting. Therefore, you may embellish the facts
as necessary to fully develop your arguments. Use care,
however, not to allow those embellishments to change the issues
involved.
FACTS: Sam Kant, stands convicted of shoplifting/petit larceny
(as dictated by your state statutes) from Bilmart, a national
department store. At his wife’s request, Mr. Kant went to
Bilmart on Wednesday, ______, 20___, and purchased a case of
six 4 oz. cans of Hoover’s Baked Beans with Bacon. Upon
returning home, his wife chastised him for once again failing to
purchase what she had requested. Apparently, Mrs. Kant can’t
stand the taste of Hoover’s Beans, but is very fond of the
Handell’s brand, and was planning to serve them to her book
club when she hosted them for lunch the following afternoon.
Mrs. Kant ordered her husband to return to Bilmart to exchange
the Hoover’s beans for Handell’s Beans.
Upon arrival at the store early the next morning, Mr. Kant found
that the line for customer service was extremely long due to
Bilmart’s annual sponsorship of a major community food drive.
In an effort to save time, and thinking the line might be shorter
upon his return, Mr. Kant placed the case of Hoover’s beans

21. into a shopping cart, made his way through the store to the bean
shelf, and then added the Handell’s beans to the cart. However,
upon his return, the line had not diminished and it was obvious
that Sam would be waiting a considerable amount of time to
formalize the exchange. Fearing the wrath of his wife should he
not return in time for lunch, Sam placed the case of Hoover’s
beans inside a cart filled with what appeared to be merchandise
returns in need of re-stocking. With the desired Handell’s beans
in the shopping cart, Mr. Kant then proceeded to the store’s
exit. As he neared the doors, Mr. Kant was approached and
detained by store security, who witnessed Sam’s actions, and
police were called to the store. Apparently, the cart into which
Sam had placed the Hoover’s Beans did not contain returned
items to be shelved, but rather, donations to the Bilmart
Community Food Drive. Officers Kopp and Slickman
questioned Mr. Kant and then cited him for Shoplifting.
Bulletin Board Submission Six: 10 Points. Due Sunday.
1) Please explain how a paralegal may engage in advocacy
2) Please explain how you may have engaged in advocacy.
3) Please explain how engaging in advocacy may benefit your
community.