Legal Memo #2 Paralegalism
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McCarthy's longtime client Arnold Munson and his son Donald have been sued jointly for an automobile accident involving Donald. McCarthy has been representing Donald and the pleadings have now been amended to include Arnold. McCarthy can represent both defendants if he obtains informed consent in writing from both. They must understand the risks of sharing confidential information and limiting certain defenses, as well as the lawyer's conflicting duties of loyalty. So long as both consent is obtained, joint representation would not violate the Rules of Professional Conduct for this lawsuit.
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Legal Research Memo
1) Girardi & Stanton has a common law retaining lien that allows them to hold Mr. Gibson's files until their outstanding legal fees of $8,250 are paid. However, this retaining lien is passive and cannot be enforced through legal proceedings.
2) While Girardi & Stanton is entitled to the retaining lien, they must turn over copies of the files to Mr. Gibson and his new counsel to avoid prejudicing Mr. Gibson's legal matter against Cerone Wholesale Sporting Goods, as time is of the essence in that case.
3) Girardi & Stanton's assertion of the retaining lien to refuse to provide any files in this case would violate the rules of professional conduct
Legal Memo
1. The document is a legal memorandum analyzing whether a client, Mr. Badman, committed burglary under New Mexico law when he used a coat hanger to retrieve a wallet from a vehicle without physically entering the vehicle.
2. The memorandum cites two relevant New Mexico cases, State v. Muqqdin and State v. Holt, which established that entry into a vehicle occurs when an object penetrates an interior enclosed space, such as a window.
3. By inserting the coat hanger through the cracked window to take the wallet, the memorandum concludes Mr. Badman entered the vehicle and committed burglary as defined in Section 30-16-3 of the New Mexico Burglary Code.
Legal Research Memo
1) Girardi & Stanton have a common law retaining lien that allows them to hold Mr. Gibson's files until their outstanding legal fees are paid. However, this lien is passive and does not allow them to withhold the files indefinitely.
2) While Girardi & Stanton are entitled to the outstanding $8,250 fee, they must turn over copies of the files to Mr. Gibson and the new law firm so the case is not prejudiced. Retaining liens should only be asserted as a last resort to avoid harming the client.
3) Mr. Gibson and the new law firm are entitled to receive the files, as withholding them would delay the case against Cerone Sporting
Legal Memorandum -- asylum
Bill, an American citizen, wants to apply for asylum in the US on behalf of his niece Jane, a Canadian citizen. However, Jane's father John, a Canadian citizen, has custodial rights over Jane and could oppose the application. For Jane to be granted asylum, she would need to demonstrate a credible well-founded fear of persecution upon returning to Canada, but the facts provided so far do not clearly show this. It is recommended to gather more evidence of specific political persecution before proceeding with the application.
Legal Memorandum Khan vs. Randall
Defendant Ronnie Randall struck Plaintiff Janice Kahn's son Billy with his car while intoxicated with a blood alcohol level over the legal limit. Plaintiff claims Defendant intentionally hit Billy for revenge due to their recent breakup. Witnesses reported Defendant was upset and said he would get even with Plaintiff. The memorandum analyzes whether Plaintiff has a valid claim for intentional infliction of emotional distress and whether her son Billy has a valid battery claim against Defendant.
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Defendant Roberts filed a motion to dismiss Plaintiff Linda Smith's negligence complaint for failure to state a claim or for a more definite statement. Roberts argues that Smith failed to properly plead the necessary elements of negligence - that Roberts owed a legal duty, breached that duty, and that the breach caused Smith's injury and damages. Specifically, Smith did not allege that Roberts owed her a legal duty. Roberts requests that the court dismiss Smith's claim or require her to provide a more definite statement that properly pleads negligence.
Writing Sample - Memorandum
This memorandum analyzes whether Simon Oakland's Sixth Amendment rights were violated in his criminal trial. It summarizes that Oakland's counsel, John Mitchum, was ineffective under the Strickland test for failing to challenge the legal basis of the charges against Oakland, making questionable decisions during jury selection and witness examination, and falling asleep during trial. It also argues that Oakland did not properly assert his right to self-representation under the Faretta test because the court did not warn him of the risks of proceeding without counsel and his statements seemed to stem from frustration, not a knowing and voluntary waiver of counsel.
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[Client's Name] wants to sue [Defendant's Name] for intentional infliction of emotional distress over incidents where he publicly ridiculed her weight. However, she cannot establish two key elements of an IIED claim. She did not seek medical diagnosis or treatment for her symptoms like headaches and anxiety, so she cannot prove the conduct caused severe distress or that her distress was worse than a reasonable person would experience. While [Defendant's Name's] behavior targeting her weight was intentional and outrageous, especially drawing a naked caricature, without medical evidence of impacts she cannot meet the legal standard for an IIED claim.
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1) Girardi & Stanton has a common law retaining lien that allows them to hold Mr. Gibson's files until their outstanding legal fees of $8,250 are paid. However, this retaining lien is passive and cannot be enforced through legal proceedings.
2) While Girardi & Stanton is entitled to the retaining lien, they must turn over copies of the files to Mr. Gibson and his new counsel to avoid prejudicing Mr. Gibson's legal matter against Cerone Wholesale Sporting Goods, as time is of the essence in that case.
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Legal Memo
1. The document is a legal memorandum analyzing whether a client, Mr. Badman, committed burglary under New Mexico law when he used a coat hanger to retrieve a wallet from a vehicle without physically entering the vehicle.
2. The memorandum cites two relevant New Mexico cases, State v. Muqqdin and State v. Holt, which established that entry into a vehicle occurs when an object penetrates an interior enclosed space, such as a window.
3. By inserting the coat hanger through the cracked window to take the wallet, the memorandum concludes Mr. Badman entered the vehicle and committed burglary as defined in Section 30-16-3 of the New Mexico Burglary Code.
Legal Research Memo
1) Girardi & Stanton have a common law retaining lien that allows them to hold Mr. Gibson's files until their outstanding legal fees are paid. However, this lien is passive and does not allow them to withhold the files indefinitely.
2) While Girardi & Stanton are entitled to the outstanding $8,250 fee, they must turn over copies of the files to Mr. Gibson and the new law firm so the case is not prejudiced. Retaining liens should only be asserted as a last resort to avoid harming the client.
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Legal Memorandum -- asylum
Bill, an American citizen, wants to apply for asylum in the US on behalf of his niece Jane, a Canadian citizen. However, Jane's father John, a Canadian citizen, has custodial rights over Jane and could oppose the application. For Jane to be granted asylum, she would need to demonstrate a credible well-founded fear of persecution upon returning to Canada, but the facts provided so far do not clearly show this. It is recommended to gather more evidence of specific political persecution before proceeding with the application.
Legal Memorandum Khan vs. Randall
Defendant Ronnie Randall struck Plaintiff Janice Kahn's son Billy with his car while intoxicated with a blood alcohol level over the legal limit. Plaintiff claims Defendant intentionally hit Billy for revenge due to their recent breakup. Witnesses reported Defendant was upset and said he would get even with Plaintiff. The memorandum analyzes whether Plaintiff has a valid claim for intentional infliction of emotional distress and whether her son Billy has a valid battery claim against Defendant.
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Writing Sample - Memorandum
This memorandum analyzes whether Simon Oakland's Sixth Amendment rights were violated in his criminal trial. It summarizes that Oakland's counsel, John Mitchum, was ineffective under the Strickland test for failing to challenge the legal basis of the charges against Oakland, making questionable decisions during jury selection and witness examination, and falling asleep during trial. It also argues that Oakland did not properly assert his right to self-representation under the Faretta test because the court did not warn him of the risks of proceeding without counsel and his statements seemed to stem from frustration, not a knowing and voluntary waiver of counsel.
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[Client's Name] wants to sue [Defendant's Name] for intentional infliction of emotional distress over incidents where he publicly ridiculed her weight. However, she cannot establish two key elements of an IIED claim. She did not seek medical diagnosis or treatment for her symptoms like headaches and anxiety, so she cannot prove the conduct caused severe distress or that her distress was worse than a reasonable person would experience. While [Defendant's Name's] behavior targeting her weight was intentional and outrageous, especially drawing a naked caricature, without medical evidence of impacts she cannot meet the legal standard for an IIED claim.
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3. The memorandum concludes that Mr. Gray likely violated the first two statutes and that the government has a compelling interest in the health of its employees, so Mr. Gray would not succeed in a wrongful termination suit.
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2. The memorandum discusses three statutes: one that classifies the sale or distribution of high-sugar foods like cookies as a felony; one that classifies possession of such foods as a misdemeanor; and one regarding limitations on personal liberty.
3. The memorandum concludes that Mr. Gray likely violated the first two statutes and that the government has a compelling interest in the health of its employees, so Mr. Gray would not succeed in a wrongful termination suit.
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Alice Wesley filed a complaint against Meticulous Maids, Inc. and Martha Gardner for injuries sustained in a car accident. Wesley alleges that on May 1, 2014, while driving north on Route 51, she was struck by a vehicle driven by Gardner, who was acting within the scope of her employment for Meticulous Maids. Wesley suffered a broken collar bone, lacerations, and $100,000 in medical expenses. She is suing for negligence and seeks damages in excess of $25,000 to compensate for her injuries, lost wages, property damage, and pain and suffering.
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We responded with counterclaims for a declaratory judgment holding the non-compete agreement(s) unenforceable, third party claims for breach of fiduciary duty and breach of contract and a demand for indemnification.
This is a good example of our level of work. We have extensive experience litigating non-compete and tortious interference cases on both sides. We prosecute and defend these types of cases.
In every case, we have a process: First, we master the facts. Many lawyer and law firms get involved in a case and immediately focus on law. In our view, that is the wrong approach. All cases are driven by facts. Any legal strategy must be tailored to the specific facts of a specific case.
We do not take anything for granted. We do not default to the same tired boilerplate pleadings. In every new case, we fashion a specific strategy for that case.
If you have a non-compete or tortious interference case, just give us a call at 9543-32-2380. That's what we're here for.
legal writing_ open memo final
The memorandum summarizes a case in which a client, Stephen Christopher, is appealing his drug conviction. Christopher contends his constitutional rights were violated when police used a drug-sniffing dog to search his bag and car without a warrant. The memorandum analyzes relevant Pennsylvania case law and concludes the police were required to obtain a warrant because searching Christopher's bag constituted a search of his person. As the search was of a person, the police needed probable cause, not just reasonable suspicion, to conduct the canine search. Since the police did not have a warrant or probable cause, the search was illegal and Christopher should win his appeal.
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Objective memo
Lawyering Skills I at Liberty University School of Law afforded the opportunity to simulate a Legal Memorandum. This memo received an A!
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Affidavit in support of motion for summary judgment
This affidavit provides information in support of a motion for summary judgment. It describes the plaintiff's criminal conviction and sentence, his transfer to Dismas Charities halfway house, and the rules he agreed to follow. It states that the plaintiff drove himself to Dismas and had an unauthorized cell phone, violating the rules. As a result, his personal items were confiscated and he was returned to prison to complete his sentence.
Complaint format 2
This affidavit supports a complaint filed with the Consumer Disputes Redressal Forum in Mumbai Suburban District. The complainant affirms that the statements made in the complaint are true and correct. They request that the affidavit be treated as evidence in support of the claims made in the complaint. The complainant signs and dates the affidavit, and it must be affirmed before a competent authority such as the Registrar of the Forum along with valid photo identification.
Adv. Legal R & W- memo
The Andersons are suing the Cookes for the death of their two-year-old son Joseph who drowned in the Cookes' backyard swimming pool. Mr. Cooke had left the gate latch to the pool unsecured. Joseph had wandered into the pool and drowned. A fifteen-year-old boy, Phil, also drowned while trying to save Joseph. The Andersons argue the attractive nuisance doctrine applies while the Cookes argue Phil assumed the risk of swimming. Under Georgia law, the Andersons can likely hold the Cookes liable for Joseph's death due to the attractive nuisance doctrine. However, the Cookes are likely not liable for Phil's death since, as a fifteen-year-old, he was capable
Legal Writing Sample
Peggy Edmunds will likely be found liable for injuries Nora Hursh sustained when bitten by Alex Edmunds' dog Sadie. Nora was lawfully on the property after getting permission from both Alex and Peggy. At the time of the incident, Sadie was under Peggy's care and supervision, as Peggy fed and let Sadie out when Alex was away. While Nora did not provoke Sadie, after giving her a treat, Sadie unexpectedly bit Nora's hand as she picked up dropped keys. Peggy had control over the premises and responsibility for Sadie's care, so she will likely be found liable under South Carolina's dog bite statute.
Azahan bin mohd aminallah v public prosecutor
The appellant was charged with raping his 15-year old daughter in 1996. During the trial, the prosecution's main witness, the daughter, testified about additional incidents of sexual intercourse with the appellant in 1991 and 1995. Based on this, additional charges were brought against the appellant. The Court of Appeal found issues with how the case was investigated and prosecuted, including that trying the appellant for multiple offenses over several years violated criminal procedure rules. The sessions court also did not properly evaluate whether the prejudicial effect of the earlier testimony outweighed its probative value as required. Due to these serious errors, the Court of Appeal quashed the conviction and set aside the sentence.
Trust slide-compiled
Equity will assist a volunteer in some circumstances, such as when there is an imperfect gift or transfer of property. In Strong v Bird, equity perfected an imperfect inter vivos gift when the donee became the executor of the donor's estate and the donor's intention to make the gift continued until death. Proprietary estoppel is also an exception, where a volunteer relies on a promise of an interest in land and suffers detriment. The court will prevent unconscionable conduct and perfect the imperfect transfer.
Negligence duty of care cases
This document discusses several negligence duty of care cases in tort law:
1) Donoghue v Stevenson established that manufacturers have a duty of care to consumers for defects that could cause injury.
2) Smoldon v Whitworth found that a rugby referee owes a duty of care to players to reasonably enforce safety rules and prevent unnecessary risks of injury.
3) Dominion Natural Gas v Collins held that those who install dangerous machines have a duty to take reasonable precautions to prevent injuries, even if they do not own or control the property.
Sample interoffice memorandum
This memorandum analyzes whether Wisconsin's recreational use statute would protect a property owner from liability for injuries suffered by a moped rider who was using the property as a shortcut. The statute grants immunity to property owners for injuries resulting from recreational use of their land. Here, the injured rider claims he was commuting, not recreating, but case law indicates the focus is on the inherent nature of the activity rather than subjective intent. If using the biking trails could be deemed recreational, even if not the rider's purpose, the statute may apply to bar the lawsuit against the property owner and his insurance company. The outcome will depend on how the court classifies the moped riding - as recreational use of the land, or merely as
Legal Memorandum
Howard hired a private investigator to conduct surveillance on his ex-wife Patricia after being ordered to pay her monthly maintenance. The investigator recorded extensive video and notes of Patricia and her partner Ellen, including intimate moments, without their knowledge or consent. Patricia's lawyer demanded copies of the investigator's materials from Howard's lawyer during discovery for a potential legal action, but was refused. Patricia has the right to obtain the materials during discovery even if they are not admissible in court. The notes would be admissible if the investigator testifies, but videos with audio may not be due to privacy laws. Patricia is considering suing Howard for invasion of privacy regarding the surveillance.
Resulting Trust
This document summarizes key aspects of resulting trusts and circumstances where resulting trusts can arise or be rebutted. It discusses two main circumstances where resulting trusts arise: 1) where voluntary payments are made for property in another's name, and 2) where property is transferred on express trusts but the beneficial interest is not fully declared. It also outlines ways the presumption of a resulting trust can be rebutted, including by evidence of contrary intention, evidence disproving a gift, or where the original purpose was illegal.
Writing Sample(SD News Memo)
Mr. Merryman sued the San Diego News for libel after it misidentified him in an article about a cheating scandal. The News published a retraction but on a different page than the original article. The law firm representing the News wants to know if it should file for summary adjudication to limit damages. The letter from Mr. Merryman requesting a retraction may not have specified the libelous statements clearly enough and asked for a meeting before publication of the retraction, so a court would likely find the letter insufficient. Even if the letter was sufficient, the court may send the question of whether the retraction was published conspicuously to the jury rather than grant summary adjudication.
Rule 83 discussion with case digest
The document discusses the rules regarding the inventory and appraisal, allowances for the family, and a related case on these issues.
1) An executor or administrator must return an inventory and appraisal of the deceased's real and personal property within three months, excluding certain personal items for the surviving family.
2) During estate settlement, the widow and minor or incapacitated children shall receive allowances under the court's direction as provided by law.
3) In a related case, the court ruled that the guardianship court did not have authority to enforce payment of widow's allowance, as that power belongs to the court overseeing estate settlement.
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Defendants motion for summary judgment, incorporated memorandum of law in sup...
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Affidavit in support of motion for summary judgment
Similar to Legal Memo #2 Paralegalism
Simple law assignment help
In Tort law, there are two important laws that prevail in United Kingdom, that is, law of contract and law of tort. The same are law of contract (a contract deals with when parties are in relationship by forming an agreement and abide by its terms) and the law of negligence (where the parties are in relationship under the duty of law).
Bad Faith & Coverage Newsletter
This newsletter discusses two cases related to insurance coverage. The first case involved a wrongful death claim where the insurer settled with one heir but was later sued by other unknown heirs. The court found the insurer was not protected by settling pre-litigation. Insurers should use genealogists to identify all heirs or have claimants file a lawsuit to receive protection. The second article summarizes various cyber risk insurance policies available to businesses to cover losses from hacking or security breaches. It notes various state and federal regulations regarding notification of privacy breaches.
Business Law Essays
Case Study : Business Law I Essay
Unit 2 Business Law Essay
Business Law
Business Law Essay
Business Law: Case Study Questions And Answers
The Business Law Short Essay
Business Law Essay
Business Law
Business Law Questions and Answers
Business Law and Ethics Essay
Business Law Essay
Business Law
Business Law Essay
Business Law Essay
Common Law Vs Civil Law Essay
Business Law
Business Law Essay
Business Law Essay
Business Law
Washington Court Holds Stipulated Covenant Judgment Sets Minimum Amount of Da...
Washington Court Holds Stipulated Covenant Judgment Sets Minimum Amount of Damages in Bad Faith Case. (from FC&S Legal: The Insurance Coverage Law Information Center)
Recently, Division One of the Court of Appeals of Washington State affirmed a jury verdict awarding $13 million in damages to a passenger injured in a car accident, finding that the $4.15 million agreed amount of the covenant
judgment in the insurance bad faith case sets a floor, not a ceiling, on the damages a jury can award.
In Miller v. Kenny and Safeco Ins. Co.,[1] the Court of Appeals ruled on several additional issues on appeal including whether evidence of an insurance company’s loss reserves is properly admissible at trial.
Quantum Meruit memo
The memorandum discusses the principle of quantum meruit as it applies to an attorney's right to compensation after being discharged from a case. McDonald and Fontana represented Ida Ipana in a personal injury suit against Shipley Supermarket but were subsequently discharged. Quantum meruit allows an attorney to recover the reasonable value of services rendered to prevent unjust enrichment. Relevant Illinois statutes and case law establish that McDonald and Fontana would likely be entitled to a percentage of any recovery or could place a lien on the case until their fees are resolved.
Trinity Kings World Leadership discovers how (former attorney) Milton Raiford...
The document discusses the risks lawyers face from aiding and abetting and civil conspiracy claims from third parties. These "in-concert liability" claims can arise when a lawyer helps a client commit a tort or breach fiduciary duties owed to a third party, even if unintentional. The document outlines how these claims typically arise in contexts of fraud or breaches of fiduciary duty. It also discusses available defenses for lawyers and issues around insurance coverage for these claims. Lawyers can best avoid these risks by considering how legal services may harm third parties or help clients commit wrongs.
Attorney\'s Fees - Can I Recover Them?
The document discusses whether attorney's fees can be recovered in litigation. It states that in Florida, attorney's fees can only be recovered if provided for by contract or statute. For example, in a real estate contract or under the construction lien statute. It also notes that even if attorney's fees are available, the party must still prove the fees were reasonable and incurred on the significant issues in the case. Finally, it mentions that to collect fees, a motion must be filed within 30 days of judgment.
Nbi Seminar Defense Strategies In Personal Injury Cases
This document discusses ethical considerations in personal injury defense strategies. It defines the tripartite relationship between the client, insurer, and attorney. While both the insurer and attorney must serve the client's interests, joint representation is allowed if interests are aligned. However, conflicts between parties must be handled carefully according to rules of professional conduct regarding competence, scope of representation, communication, and conflicts of interest. Case law has found joint representation permissible if potential conflicts are addressed individually.
MEDICAL MALPRACTICE - CASE SELECTION AND MANAGEMENT (DEFENSE)
This document discusses potential conflicts of interest that may arise in medical malpractice defense cases and the applicable rules for addressing them. It notes that most medical malpractice clients are insured and cases are assigned to defense counsel by insurers. The document outlines rules regarding concurrent conflicts of interest between clients and duties to former clients. It also discusses specific issues like aggregate settlements, coverage disputes, defending principals and independent contractors, and permissive counterclaims that require evaluating whether a conflict exists.
Settlements
This presentation discusses settlements of workers\' compensation cases in Florida. The discussion includes federal law affecting personal injury cases, MSA\'s and CMS participation. General contract principles are also explored.
Parties to suit joinder non joinder
This document discusses parties to a suit under Order I of the Code of Civil Procedure. It defines plaintiffs and defendants as the two parties to a suit. There can be multiple plaintiffs or defendants, requiring questions around the joinder of parties. A party may be a necessary party, without whom no order can be made, or a proper party whose presence is not mandatory but allows for complete resolution of the case. The rules around joinder of plaintiffs under Order I Rule 1 and defendants under Order I Rule 3 are described, including when multiple parties can be joined in a suit. The differences between necessary and proper parties are also outlined.
Alistair Jones Interoffice Memorandum Assignment
- The memorandum asks whether a paralegal can interview a client to provide fee information and conduct a settlement conference.
- Case law establishes that paralegals can interview clients under attorney supervision to gather facts, but cannot make legal decisions or appear in court without an attorney.
- The memorandum concludes that while a paralegal can interview a client, they cannot conduct a settlement conference alone due to the legal decision making required. The supervising attorney must attend.
Ethical Issues In The Tripartite Relationship
PowerPoint presentation addressing the ethical issues confronted by lawyers involved in the tripartite relationship between the insurer, the insured and defense counsel
221367277 cases-in-legal-ethics
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Under the Right Circumstances, an Insured Entitled to "Independent Counsel" i...
Under the Right Circumstances, an Insured Entitled to "Independent Counsel" in California Can Retain More Than One Firm
by Carey B. Moorehead
In a case of first impression, a California district court has ruled that California law does not preclude an insured from
retaining multiple law firms as independent or Cumis counsel where the insurer is defending under reservation of
rights. The court’s ruling came in the case of Signal Products v. American Zurich Insurance Company, et al.
The Signal Products court was called upon to interpret California Civil Code §2860 in the context of cross-motions for summary judgment between American Zurich Insurance Company and its insured Signal Products, Inc., the defendant in a trademark infringement action. Zurich had agreed to defend Signal under reservation of rights and consented to Signal’s retention of independent counsel.
Lecture 3 study notes - contract law
The document provides an overview of the analytical framework of contract law. It discusses the key elements in the formation of contracts, including offers, acceptance, consideration, and intention to create legal relations. It also covers the requirements of certainty, completeness, and form in contracts. The document is divided into five parts that will examine how contracts are formed, the content of contracts, who can enforce contracts, how contracts can be destroyed, and how contracts come to an end or are discharged.
Lecture 3 study notes - contract law
The document provides an overview of the analytical framework of contract law. It discusses the key elements in the formation of contracts, including offers, acceptance, consideration, and intention to create legal relations. It also covers the requirements of certainty, completeness, and form in contracts. The document is divided into five parts that will examine how contracts are formed, the content of contracts, who can enforce contracts, how contracts can be destroyed, and how contracts come to an end or are discharged.
Study notes contract law
The document provides an overview of the analytical framework of contract law. It discusses the key elements in the formation of contracts, including offers, acceptance, consideration, and intention to create legal relations. It also covers the requirements of certainty, completeness, and form in contracts. The document is divided into five parts that will examine how contracts are formed, the content of contracts, who can enforce contracts, how contracts can be destroyed, and how contracts come to an end or are discharged.
Stages of a Car Accident Lawsuit
This document outlines the typical stages of a car accident lawsuit:
1) The first step is determining if you have a valid claim and filing a complaint within the 2-year statute of limitations.
2) The defendant will respond by admitting fault, denying allegations, or filing counterclaims. Preliminary motions may also be filed.
3) Discovery and investigation of evidence takes place through examining documents and witness depositions.
4) Settlement negotiations often occur through mediation or if evidence strongly supports the claim. If not resolved, the case proceeds to trial.
Arbitration in Insurance Coverage Disputes: Pluses and Minuses
The document analyzes the perceived advantages and disadvantages of arbitration in insurance coverage disputes. Some key advantages of arbitration include finality due to limited appeals, enforceability of decisions internationally, flexibility in procedures, and neutrality of venue. However, arbitration can also limit legal protections for the weaker party, decrease precedent from favorable rulings, and eliminate principles such as construing ambiguity against the insurer. While arbitration may be faster and cheaper, these benefits are limited in complex cases. Policyholders should consider negotiating arbitration provisions or avoiding policies with mandatory arbitration clauses.
Similar to Legal Memo #2 Paralegalism (20)
Washington Court Holds Stipulated Covenant Judgment Sets Minimum Amount of Da...
Washington Court Holds Stipulated Covenant Judgment Sets Minimum Amount of Da...
Trinity Kings World Leadership discovers how (former attorney) Milton Raiford...
Trinity Kings World Leadership discovers how (former attorney) Milton Raiford...
Nbi Seminar Defense Strategies In Personal Injury Cases
Nbi Seminar Defense Strategies In Personal Injury Cases
MEDICAL MALPRACTICE - CASE SELECTION AND MANAGEMENT (DEFENSE)
MEDICAL MALPRACTICE - CASE SELECTION AND MANAGEMENT (DEFENSE)
Under the Right Circumstances, an Insured Entitled to "Independent Counsel" i...
Under the Right Circumstances, an Insured Entitled to "Independent Counsel" i...
Arbitration in Insurance Coverage Disputes: Pluses and Minuses
Arbitration in Insurance Coverage Disputes: Pluses and Minuses
More from Nicole Williams
Legal Research Trial Brief Final Project
The brief argues that John Sham's motion to suppress physical evidence should be granted for two reasons. First, the detectives did not have probable cause to search Sham's vehicle as they did not observe any criminal activity during their 20-minute surveillance and approached Sham based on a "hunch." Second, Sham was not in physical possession of the narcotics found in Stan Macos' backpack in the trunk and mere proximity to the drugs is insufficient for a possession charge under New Jersey law. The brief cites relevant case law to support both arguments.
Legal Ethics project 3 case 1
1. Peter James Commarano, an attorney, was charged with violating New Jersey Rules of Professional Conduct (RPC) 8.4(b) and 8.4(c) for accepting $25,000 in illicit cash campaign contributions from a cooperating witness in exchange for his future official assistance and influence in Hoboken government matters pertaining to the witness's real estate development projects.
2. The RPCs Commarano was charged with violating prohibit a lawyer from committing a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer, and from engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.
3. The Disciplinary Review Board
Legal Ethics Project 2
The document discusses Archer & Greiner's international law group. The group handles a wide range of legal matters for companies operating globally, including advising Fortune 500 companies on business structures, transactions, regulations, taxation, intellectual property and more across multiple jurisdictions. The group is a multidisciplinary team with expertise to guide clients through complex international laws. Recent transactions handled by the group include forming investment funds in offshore jurisdictions and structuring international joint ventures.
Janice Khan Request Letter (B.C.P Final)
Nicole Williams, a paralegal at Robert Marcus and Associates, sent a letter to Miss Janice Kahn requesting that she contact their offices to schedule an appointment to discuss the next steps in her claim against Mr. Ronnie Randall. The letter provided contact information and office hours for Miss Kahn to call to set up the appointment and thanked her for her cooperation.
Case Brief Molitor v Chicago Title & Trust Co
1) Plaintiff Molitor sued Defendant Chicago Title & Trust Co. for breach of contract, claiming he was promised permanent employment but was discharged after 7 years.
2) The court held that a contract for permanent employment is valid if the intentions of both parties are clear and there is consideration.
3) Plaintiff accepted a new position with Defendant after being reassured multiple times by his manager that the job would be permanent, in exchange for Plaintiff moving his family from New York to Chicago and giving up his business connections there.
Smith v Prestige University Midterm
An oral contract for permanent employment was likely formed between plaintiff Smith and defendant Prestige University based on the consideration of Smith resigning from his secure tenured position and moving 200 miles for the new role. When accepting the position, defendant Clark stated he looked forward to Smith working at Prestige for the "rest of his life." However, the contract was probably terminable at will since disagreements arose between the parties in the 10 months Smith worked there, allowing defendant to fire Smith without breach of contract.
Personal Injury Complaint
William and Samantha Higgins are suing multiple defendants for injuries William sustained after slipping and falling on ice and snow outside Jones Pharmacy. According to the complaint, William fell and was injured on December 23, 2013 after exiting the pharmacy due to a buildup of ice and snow on the sidewalk that the defendants failed to clear. As a result of the fall, William suffered serious injuries, while Samantha claims loss of consortium. The plaintiffs are seeking damages, interest, attorney's fees, and costs from the defendants for their alleged negligence in creating a dangerous condition and failing to properly maintain the premises or warn of the hazard.
Legal Memo #1 Paralegalism
Mr. McCarthy wants to advertise McCarthy & Nettles' legal services through billboards and web pages linked to legal product companies. The legal memorandum discusses the permissible and impermissible forms of legal advertising under the New Jersey Rules of Professional Conduct. It notes that advertisements cannot make false or misleading statements about a lawyer's services. Specifically, terms like "Best Lawyer" are inherently comparative and misleading to consumers. The rules also allow lawyers to advertise through various media as long as the ads are predominantly informational and do not use attention-getting techniques lacking relevance to selecting an attorney.
Deposition Summary
Janice Kahn lives in Northbrook, Illinois and has been a high school teacher for 15 years. She was previously married for 12 years and has an 11-year-old son named Billy. On August 29, 2008, Billy was struck by Ronnie Randall while playing in Janice's front yard. Janice claims that Randall intentionally hit Billy as an act of revenge against her for ending their 10-year relationship two weeks prior. Billy sustained head injuries and broken bones that prevent him from playing baseball. Janice has since exhibited symptoms of shock and illness from the accident.
Legal Research Trial Brief Final Project
The brief argues that John Sham's motion to suppress physical evidence should be granted for two reasons. First, the detectives did not have probable cause to search Sham's vehicle as they did not observe any criminal activity during their 20-minute surveillance and approached Sham based on a "hunch." Second, Sham was not in physical possession of the narcotics found in Stan Macos' backpack in the trunk and mere proximity to the drugs is insufficient for a possession charge under New Jersey law. The brief cites relevant case law to support both arguments.
More from Nicole Williams (10)
Legal Memo #2 Paralegalism
- 1. MEMORANDUM TO: STEPHAN MCCARTHY FROM: NICOLE WILLIAMS SUBJECT: LEGAL MEMORANDUM #2 DATE: OCTOBER 9, 2015 Facts: McCarthy’s longtime client, Arnold Munson has been sued in an amended complaint along with his son Donald Munson (a minor, who was an original defendant). Donald Munson was an unauthorized, unlicensed driver of a car and a claim has been lodged against him for automobile negligence (i.e. he struck a pedestrian while joyriding in his father’s car). Father Arnold Munson has been sued for failure to adequately supervise and control the minor. McCarthy has been representing Donald and now the pleadings have been amended to include the claims against Arnold. Legal Issue: Can McCarthy represent/defend both defendants in the pending actions? What are his ethical concerns? Discussion: According to the Rules of Professional Conduct 1.2(c), a lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent. A lawyer need not abide by a client’s instructions if the lawyer and the client have previously agreed that the course of action requested is beyond the scope of the representation. The N.J Advisory Committee on Professional Ethics Opinion 671 states: Attorneys and prospective clients must define the precise scope of the attorney’s representation at the outset of the relationship. A client and an attorney may agree that the attorney will see the client only once; will provide only advice; will provide advice and some intercession on the client’s behalf; will offer full representation in the matter up through and including trial court decision; will continue representation through the exhaustion of all appeals, or myriad other possible definitions of the scope of the undertaking. Whatever the scope, both the client and the attorney must achieve clear understanding and agreement at
- 2. 2 the outset of the relationship, and this understanding can only be changed with the mutual consent of both parties. In the California case of Zador Corp v Kwan 31 Cal. App. 4th 1285, 1301, appellant challenged the decision of the Superior Court of Santa Clara County (California), which granted respondent's motion to disqualify appellant's attorney based on an alleged conflict of interest because of the attorney's prior joint representation of both appellant and respondent. The court reversed the judgment of the trial court and held that respondent was not entitled to a judgment disqualifying its prior attorney from representing appellant because respondent had previously consented to the continued representation of appellant in the event of a conflict. In order to obtain informed consent, each jointly represented client should be made aware of the relevant circumstances and of the reasonably probable possible conflicts. Although the lawyer is not required to disclose every possible consequence of a conflict, the jointly represented clients should understand the general issues involved. To obtain informed consent, the lawyer should meet with each client to explain the possible opposing effects that the joint representation may have on that client’s interests and the consequences of the joint representation. The client should also have the opportunity to raise questions and concerns. The advantages of joint representation differ depending on the particular situation. In our client’s situation, they are father and son who are being sued jointly for automobile negligence. So therefore an attorney’s duty of loyalty is still required in a joint representation situation. The loyalty, however, must be to both clients concurrently. Additionally, the lawyer jointly representing two clients may have to forgo certain defenses that would not benefit both clients. During the informed consent discussion, each client should be made fully aware of this. The confidentiality and attorney-client privilege with jointlyrepresented clients differ from single party representation. A client should be alerted that the sharing of confidential information between the clients is a certainty and obligation. Before sharing information between clients, however, the clients must give informed consent pursuant to Rule 1.6, which pertains to confidentiality of information. If one client will not consent to such disclosures, joint representation is not proper. Once each client is advised of the implications of joint representation, the client must consent to the joint representation in writing. The written consent impresses upon the clients the importance of the decision the client is being asked to make. Also memorializing the consent in writing also aids in avoiding disputes or doubts that may occur in the absence of a written informed consent document. Specifically, the following points should be set forth in a consent letter: (1) A conflict of interest may arise between the clients during the representation (2) Ethical standards may prohibit a lawyer from representing a client when that representation conflicts with the lawyer’s responsibilities to another client
- 3. 3 (3) Although communication of confidential information between an attorney and client is ordinarily protected by the attorney-client privilege, becausethe clients are jointly represented, counsel may disclose information one gives counsel to the other. Conclusion: In regards to the joint lawsuit against Mr. Arnold Munson and his son Donald Munson for automobile negligence, there will be no violation of the R.P.C’s if both defendants are represented by the same attorney for this lawsuit. Furthermore, in order for there to be joint representation, both defendants must sign a consent form stating that they both understand the advantages and risks of joint representation.