This document discusses alternative dispute resolution options like negotiation, mediation, and arbitration. It then describes the phases of litigation including determining jurisdiction, beginning a lawsuit through the complaint and answer process, pre-trial discovery, and available remedies in a lawsuit like compensatory damages, punitive damages, and specific performance. The document provides overview information on resolving legal disputes outside and inside of the court system.
Rockwell publishing real estate law chapter 1Kendrick Kim
The document discusses sources of law in the United States, including constitutions, legislatures, and courts. It explains that the US Constitution is the highest legal authority and establishes three branches of government. State laws cannot conflict with federal laws or the Constitution. Sources of law provide structure to society through standards of behavior and dispute resolution.
Rockwell publishing real estate law chapter 21Kendrick Kim
This document provides materials for studying antitrust law, including graphic summaries and a multiple choice quiz. The graphic summaries consist of frames that summarize the lesson content in an easy to study format. The multiple choice quiz allows students to focus their review on important topics covered in the lesson.
Rockwell publishing real estate law chapter 17Kendrick Kim
These printable materials allow students to study lessons away from their computer. They include graphic summaries that outline the key content in frames arranged for easy studying. They also include multiple choice quizzes to help focus review on important topics. The materials cover private and public restrictions on land use. Private restrictions, also called restrictive covenants, can limit land use and are created through deeds, declarations of restrictions, or contracts. They must meet certain conditions to run with the land and bind future owners. Public restrictions are imposed by governmental entities.
Rockwell publishing real estate law chapter 20Kendrick Kim
The document discusses landlord-tenant law in California, including different types of leasehold interests such as term tenancies, periodic tenancies, tenancies at will, and tenancies at sufferance. It also covers key elements of lease agreements such as payment of rent, security deposits, and restrictions on rent increases. The document provides an overview of these important aspects of landlord-tenant law in a concise yet comprehensive manner.
Rockwell publishing real estate law chapter 16Kendrick Kim
The document discusses common interest developments and subdivision laws in California real estate. It defines common interest developments as subdivisions where homeowners share title to common aspects like parks or golf courses. The most common types are condominiums, where owners have title to their unit, and planned developments, where owners have title to their individual home but share ownership of common elements. It also outlines key subdivision laws in California, particularly the Subdivision Map Act, which requires developers to record detailed plans and conform to local land use goals.
Contract Law for Paralegals 2nd Edition Reed Solutions ManualMccormickPaula
This case raises ethical issues regarding conflicts of interest and confidentiality. As the attorney for both parties in this transaction, Mr. Smith has a conflict of interest that prevents him from adequately representing the interests of both clients. By representing both the buyer and seller, Mr. Smith cannot give each party independent legal advice or advocate solely for their interests, which is required to competently represent a client. Additionally, any confidential information learned from one client cannot be disclosed to the other without consent.
Given the conflict, Mr. Smith should not represent both parties to the transaction. One option would be to withdraw from representing both and allow each to obtain independent counsel. Another is to get fully informed consent from both clients after advising them of the conflict and risks
The newsletter provides information on recent events and updates in construction law adjudication. It summarizes that the annual London adjudication conference in August was a success, with the next major conference planned for Edinburgh in 2022. It also summarizes a recent Irish court case that enforced an adjudicator's decision and clarified that parties have an unfettered right to refer disputes to adjudication under Irish law. Upcoming events and conferences are also announced.
This document discusses consumer protection laws and activities related to understanding a person's rights regarding ownership and possession of personal property. It addresses how ownership can be acquired through creation, accession, confusion, gifts, and bailments. Bailee and bailor rights and duties are explained. Various types of real property ownership, sales, security interests, liens, and land use restrictions are defined. The landlord-tenant relationship and its implications are described, as are products liability causes of action, defenses, and damages in tort suits. Concepts affecting tort claims like joint liability and vicarious liability are also addressed.
Rockwell publishing real estate law chapter 1Kendrick Kim
The document discusses sources of law in the United States, including constitutions, legislatures, and courts. It explains that the US Constitution is the highest legal authority and establishes three branches of government. State laws cannot conflict with federal laws or the Constitution. Sources of law provide structure to society through standards of behavior and dispute resolution.
Rockwell publishing real estate law chapter 21Kendrick Kim
This document provides materials for studying antitrust law, including graphic summaries and a multiple choice quiz. The graphic summaries consist of frames that summarize the lesson content in an easy to study format. The multiple choice quiz allows students to focus their review on important topics covered in the lesson.
Rockwell publishing real estate law chapter 17Kendrick Kim
These printable materials allow students to study lessons away from their computer. They include graphic summaries that outline the key content in frames arranged for easy studying. They also include multiple choice quizzes to help focus review on important topics. The materials cover private and public restrictions on land use. Private restrictions, also called restrictive covenants, can limit land use and are created through deeds, declarations of restrictions, or contracts. They must meet certain conditions to run with the land and bind future owners. Public restrictions are imposed by governmental entities.
Rockwell publishing real estate law chapter 20Kendrick Kim
The document discusses landlord-tenant law in California, including different types of leasehold interests such as term tenancies, periodic tenancies, tenancies at will, and tenancies at sufferance. It also covers key elements of lease agreements such as payment of rent, security deposits, and restrictions on rent increases. The document provides an overview of these important aspects of landlord-tenant law in a concise yet comprehensive manner.
Rockwell publishing real estate law chapter 16Kendrick Kim
The document discusses common interest developments and subdivision laws in California real estate. It defines common interest developments as subdivisions where homeowners share title to common aspects like parks or golf courses. The most common types are condominiums, where owners have title to their unit, and planned developments, where owners have title to their individual home but share ownership of common elements. It also outlines key subdivision laws in California, particularly the Subdivision Map Act, which requires developers to record detailed plans and conform to local land use goals.
Contract Law for Paralegals 2nd Edition Reed Solutions ManualMccormickPaula
This case raises ethical issues regarding conflicts of interest and confidentiality. As the attorney for both parties in this transaction, Mr. Smith has a conflict of interest that prevents him from adequately representing the interests of both clients. By representing both the buyer and seller, Mr. Smith cannot give each party independent legal advice or advocate solely for their interests, which is required to competently represent a client. Additionally, any confidential information learned from one client cannot be disclosed to the other without consent.
Given the conflict, Mr. Smith should not represent both parties to the transaction. One option would be to withdraw from representing both and allow each to obtain independent counsel. Another is to get fully informed consent from both clients after advising them of the conflict and risks
The newsletter provides information on recent events and updates in construction law adjudication. It summarizes that the annual London adjudication conference in August was a success, with the next major conference planned for Edinburgh in 2022. It also summarizes a recent Irish court case that enforced an adjudicator's decision and clarified that parties have an unfettered right to refer disputes to adjudication under Irish law. Upcoming events and conferences are also announced.
This document discusses consumer protection laws and activities related to understanding a person's rights regarding ownership and possession of personal property. It addresses how ownership can be acquired through creation, accession, confusion, gifts, and bailments. Bailee and bailor rights and duties are explained. Various types of real property ownership, sales, security interests, liens, and land use restrictions are defined. The landlord-tenant relationship and its implications are described, as are products liability causes of action, defenses, and damages in tort suits. Concepts affecting tort claims like joint liability and vicarious liability are also addressed.
Rockwell publishing real estate law chapter 13Kendrick Kim
The document provides information about real estate financing, including liens, security instruments like mortgages and deeds of trust, key provisions in loan agreements, and foreclosure processes. It consists of graphic summaries that outline the main topics in brief sections, along with a multiple choice quiz to test understanding.
This document discusses different types of administrative law hearings and procedures. It begins by explaining that different agencies allow different types of hearings depending on factors like cost, timeliness and fairness. Hearings can be oral, electronic, or written. Written hearings involve parties submitting documents and evidence in writing without appearing before the tribunal. The document then discusses who has standing to participate in proceedings, the roles of agency counsel and adjudicators, and the typical phases and procedures of a hearing, including preliminary issues, opening statements, fact-finding through examination of witnesses, and closing submissions. It emphasizes that while tribunals are not courts, they have power to control their own processes.
- The document summarizes an interview between Jamie Ritchie and Niall Lawless, an experienced Irish construction adjudicator, about adjudication in Ireland.
- In the interview, Lawless discusses some of the main differences between adjudication in the UK and Ireland, including that in Ireland it is limited to payment disputes. He also provides insight into typical adjudicator backgrounds and fees.
- Common grounds for challenging an adjudicator's decision that Lawless has seen include issues around jurisdiction and natural justice. He also notes some circumstances where an oral hearing in adjudication may be appropriate.
John J. Pankauski is a partner with Pankauski Hauser PLLC in West Palm Beach, Florida. Mr. Pankauski has spent over 20 years of his career handling matters involving wills, trusts, estates, probates, and guardianships. His practice is limited to disputes, trials and appeals of such matters. He is AV Preeminent rated by Martindale Hubel.
NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART II 2022
See more at https://www.financialpoise.com/webinars/
PROJECT FOR TORTS Project Overview — Case Analysis John.docxwoodruffeloisa
PROJECT FOR TORTS
Project Overview — Case Analysis: John Jones and the Hockey Game Fight
The project is cumulative, spanning the five weeks of this course. You will get hands-on
experience through activities directly related to real-world job demands.
For the assignment, assume you are an assisting paralegal preparing a personal injury case for
trial under your attorney’s supervision based on the following facts:
John Jones is the father of 10-year old Jimmy, who plays on a park district hockey team. Jones
served as an assistant coach for the team this year. Neither the head coach nor Jones receives any
pay for their work with the team as they work entirely on a volunteer basis. The Mustangs, as the
team is known, were playing the Colts in a match one afternoon at the park district ice rink.
During the game, as Jimmy was chasing down the puck, he lost his footing and fell, tripping
opposing player Andy as he went down. Andy got up and smacked Jimmy with his hockey stick.
John yelled at Andy and yelled at the referee to do something about the boy’s conduct. Andy was
sent to the penalty box. Andy’s father Alan came out of the stands and punched John in the face.
John wants to sue Alan, Andy and the park district, so he comes to your law office to discuss the
matter.
Over the course of the class, you will analyze and prepare this case for trial. For all assignments,
assume jurisdiction is the state of Texas.
During the course, you will complete the following:
In Week 1, you will prepare interview sheets to interview your client and any other
person related to the case.
In Week 2, you will draft an attorney demand letter to the defendants and a contingency
fee agreement for your client for the injuries he sustained.
In Week 3, you will draft a complaint against the defendants for your client’s personal
injuries.
In Week 4, you will draft written interrogatories and requests for admissions to be served
on a defendant in your client’s case.
In Week 5, you will draft a settlement agreement to be presented to the defendants.
Note: Late assignments will not receive full credit. Grading criteria are based on your ability to
demonstrate:
Critical thinking/ legal analysis
Accuracy in identifying legal issues and applicable laws
Originality
Correct grammar, punctuation, and spelling
Properly formatted legal documents and/or legal citations
NOTE: The Project assignment is completed incrementally on a weekly basis. Please
retain this project for your portfolio.
Project Assignment for Week 1
Draft Interview Sheet
As a paralegal, you will be asked frequently to conduct or to sit in on client interviews, whether
initial consultations or follow-up or phone-based interviews. Taking the time before client
meetings to draft a list of questions will help you not only to be prepared to make the most
efficient use of everyone’s time but also will provide a ...
This document summarizes the litigation process from filing a complaint through appeals. It discusses the parties to a case, jurisdiction, pretrial procedures like discovery and motions, the jury selection process, burdens of proof, jury instructions, verdicts and judgments, post-trial motions, and appeals. Key points covered include subject matter and personal jurisdiction, class action requirements, challenges to pleadings, types of evidence and proof standards, motions that can be made during and after trial, and the roles of verdicts and judgments.
ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/adr-settlement-2021/
This document provides an overview and summary of builders' lien laws across various Canadian jurisdictions. It discusses what builders' liens are, why they are filed, who can file them, deadlines for filing, holdback percentages and periods, and steps required to perfect a lien such as commencing a lawsuit. Key details are provided for each province and territory's lien laws, including registration deadlines, holdback amounts, who can file a lien, and steps to enforce a lien.
Strengths and Weakness of the Western Australian Adversarial (1).pptxAndrewBell441612
The document discusses the key aspects of the adversarial court system used in countries like Australia, the UK, Canada, and the US. It outlines that the adversarial system relies on the parties to present evidence and argue their respective positions to the judge or jury, who remain impartial. It also describes the different roles of parties, judges, rules of evidence, and burdens of proof in civil versus criminal cases. The document analyzes both the strengths of the adversarial system in promoting transparency and procedural fairness, and its weaknesses, such as more restrictive rules of evidence.
1 How to B rief a Case Prepared for the L egTatianaMajor22
1
How to B rief a Case
Prepared for the L egal Studies Program
Amer ican Public University System
December 2013
Introduction: A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. Case Name and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the Delahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was decided.
2. Facts ...
1 How to B rief a Case Prepared for the L eg.docxAbhinav816839
The document provides instructions for writing a case brief, which is a concise summary of a legal case. It explains that a case brief should include: 1) the case name and citation, 2) the facts, 3) the procedural history, 4) the issue(s) before the court, 5) the court's holding on each issue, 6) the court's reasoning, 7) the decision, and 8) any additional comments. The document provides an example case brief analyzing whether gun manufacturers can be held strictly liable for injuries from criminal use of their guns.
A legal contract requires several key elements to be valid and enforceable:
(1) An offer must be made that is clear, definite, and communicates the intent to be legally bound.
(2) The offer must be accepted in an unqualified manner that matches the terms of the offer.
(3) Consideration, meaning both parties receive something of value in exchange, is required unless the contract is made under seal.
(4) Both parties must intend to create legal relations that are binding upon them. For commercial contracts this is presumed, but social agreements between individuals generally do not intend to be legally binding.
(5) The terms of the contract must be reasonably certain so the obligations of both
Lawyers often tell their clients that while they must prepare as if every case will go to trial, more than 90% of cases are resolved before trial. If a settlement is not reached, the resolution typically comes through the court ruling on a dispositive motion. This episode begins with a look at motions to dismiss, with focus on the still-developing Twombly-Iqbal standard, and how that standard is put into practice. We then discuss summary judgment motions. That discussion includes everything from making a summary judgment record to brief writing, to making a cross-motion for summary judgment. This webinar shines a light on what happens to the great percentage of cases that don’t make it to trial.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART I 2022
See more at https://www.financialpoise.com/webinars/
A1 Resolve is an online platform that provides binding arbitration services to resolve legal and commercial disputes quickly, affordably, and without direct contact between the parties. Arbitrators are experienced professionals who issue final decisions within 90 days based solely on documents submitted. The process avoids hearings, depositions, and oral testimony to be faster and less expensive than litigation, helping businesses retain customers and resolve conflicts privately.
Product liability, litigations in india and classNishank Reddy H
This document provides an overview of product liability, litigation in India, and class action suits in the US. It defines product liability as holding manufacturers responsible for injuries caused by their products. The main types of product liability claims are negligence, strict liability, and breach of warranty. Litigation in India includes public interest litigation which allows courts or private parties to file cases on behalf of the public. Class action suits originated in the US and allow large groups of people to collectively sue defendants. They can increase efficiency and incentivize individuals who otherwise wouldn't pursue small claims.
Motion for summary judgment can put an end to a lawsuit, for better or worse (1)Kingston Law Group
https://kingstonlawgroup.com/motion-for-summary-judgment/
If one or both sides file motions for summary judgment, a judge, looking at the facts, may feel there’s no point in going forward to trial and will issue a decision in favor of one of the parties.
CASE NAME CATAMOUNT SLATE PRODUCTS INC. V. SHELDON1. Legal Cogn.docxwendolynhalbert
CASE NAME: CATAMOUNT SLATE PRODUCTS INC. V. SHELDON
1. Legal Cognizance
2. Facts:
3. Briefly describe the facts: Catamount Slate Products Inc. is owned by the Reed family In Vermont, their neighbors the Sheldons share an access road leading into the two properties. Both parties agreed to mediation to determine whether or not the Reeds could use the road for business purposes. The mediation terms where only to be legal by way of signature, the Reeds agreed to pay a monthly fee and signed both a Lease & Settlement Agreement. Documents were drafted but never agreed to, and the Reeds began paying into an escrow account before anything was signed, to be paid to the Sheldons upon signature, unless the settlement did not occur. Months later a deed was discovered showing the land was a town highway. Further payments ceased and no documents were ever signed.
4.
5. Which facts were key to the outcome?
The mediation was set up as “offers” only, not intended to be legally binding until signing takes place. Additionally, the Reed family made it clear both verbally and in writing that they did not agree to the initial documentation and thus never signed.
2. Legal issue:
3. What legal issue(s) does this case illustrate (i.e. why is this case in the chapter)?
Execution of an offered & written contract requires an offer, a promise for a promise (along with its completion, and acceptance or indication of acceptance. This case exemplifies the first element but fails to complete the other two, thus it is not binding. Secondly, the contract falls within the rules of termination (land was not owned by Sheldons).
1. What are all of the elements of the main legal rule that this case illustrates?
· Reservations not to bound without a written contract.
· Partial performance (completion) of the contract.
· All terms must be agreed upon.
· Land contracts are “subject to the statue of frauds” and needs to be in writing.
3. Prevailing party’s point of view:
4. What legal arguments were made by the prevailing party?
5. The Reeds argued that not only was the road not owned by the Sheldons, but that by disagreeing with the terms, and never entering verbally or in writing into an agreed upon contract, no settlement ever occurred and was therefore not binding.
6. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the prevailing party?
7. Contracts were never signed; The disputed land was owned be neither parties; Agreement to terms never occurred.
8. What were the probable motivations behind the prevailing party’s actions leading up to the dispute? After the dispute?
9. The road was a shared road & thus the Reeds were entitled to use it to an extent. No contractual signatures or verbal agreements were ever made to bind the deal. The initial ruling ruled unjustly in Sheldons favor.
10. Losing party’s point of view:
11. What legal arguments were made by the losing party?
12. The meditation notes and documents drawn up repr ...
Chapter 2 - The Resolution of Private DisputesUAF_BA330
The document discusses the US judicial system and resolution of private disputes through the courts. It describes the differences between state and federal court systems, as well as civil and criminal jurisdiction. The stages of civil litigation are outlined, including pre-trial procedures like discovery and motions, and the trial process involving jury selection, witness examination, and closing arguments.
This document provides an overview of the key participants and processes involved in a criminal trial. It discusses the roles of police, prosecutors, judges, jurors and defendants. It also outlines several important pre-trial decisions and proceedings, such as determining bail, competency to stand trial, and plea bargaining. Finally, it describes the typical phases and procedures of a criminal trial, from jury selection to closing arguments and deliberation.
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The document provides information about real estate financing, including liens, security instruments like mortgages and deeds of trust, key provisions in loan agreements, and foreclosure processes. It consists of graphic summaries that outline the main topics in brief sections, along with a multiple choice quiz to test understanding.
This document discusses different types of administrative law hearings and procedures. It begins by explaining that different agencies allow different types of hearings depending on factors like cost, timeliness and fairness. Hearings can be oral, electronic, or written. Written hearings involve parties submitting documents and evidence in writing without appearing before the tribunal. The document then discusses who has standing to participate in proceedings, the roles of agency counsel and adjudicators, and the typical phases and procedures of a hearing, including preliminary issues, opening statements, fact-finding through examination of witnesses, and closing submissions. It emphasizes that while tribunals are not courts, they have power to control their own processes.
- The document summarizes an interview between Jamie Ritchie and Niall Lawless, an experienced Irish construction adjudicator, about adjudication in Ireland.
- In the interview, Lawless discusses some of the main differences between adjudication in the UK and Ireland, including that in Ireland it is limited to payment disputes. He also provides insight into typical adjudicator backgrounds and fees.
- Common grounds for challenging an adjudicator's decision that Lawless has seen include issues around jurisdiction and natural justice. He also notes some circumstances where an oral hearing in adjudication may be appropriate.
John J. Pankauski is a partner with Pankauski Hauser PLLC in West Palm Beach, Florida. Mr. Pankauski has spent over 20 years of his career handling matters involving wills, trusts, estates, probates, and guardianships. His practice is limited to disputes, trials and appeals of such matters. He is AV Preeminent rated by Martindale Hubel.
NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement Financial Poise
Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance.
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See more at https://www.financialpoise.com/webinars/
PROJECT FOR TORTS Project Overview — Case Analysis John.docxwoodruffeloisa
PROJECT FOR TORTS
Project Overview — Case Analysis: John Jones and the Hockey Game Fight
The project is cumulative, spanning the five weeks of this course. You will get hands-on
experience through activities directly related to real-world job demands.
For the assignment, assume you are an assisting paralegal preparing a personal injury case for
trial under your attorney’s supervision based on the following facts:
John Jones is the father of 10-year old Jimmy, who plays on a park district hockey team. Jones
served as an assistant coach for the team this year. Neither the head coach nor Jones receives any
pay for their work with the team as they work entirely on a volunteer basis. The Mustangs, as the
team is known, were playing the Colts in a match one afternoon at the park district ice rink.
During the game, as Jimmy was chasing down the puck, he lost his footing and fell, tripping
opposing player Andy as he went down. Andy got up and smacked Jimmy with his hockey stick.
John yelled at Andy and yelled at the referee to do something about the boy’s conduct. Andy was
sent to the penalty box. Andy’s father Alan came out of the stands and punched John in the face.
John wants to sue Alan, Andy and the park district, so he comes to your law office to discuss the
matter.
Over the course of the class, you will analyze and prepare this case for trial. For all assignments,
assume jurisdiction is the state of Texas.
During the course, you will complete the following:
In Week 1, you will prepare interview sheets to interview your client and any other
person related to the case.
In Week 2, you will draft an attorney demand letter to the defendants and a contingency
fee agreement for your client for the injuries he sustained.
In Week 3, you will draft a complaint against the defendants for your client’s personal
injuries.
In Week 4, you will draft written interrogatories and requests for admissions to be served
on a defendant in your client’s case.
In Week 5, you will draft a settlement agreement to be presented to the defendants.
Note: Late assignments will not receive full credit. Grading criteria are based on your ability to
demonstrate:
Critical thinking/ legal analysis
Accuracy in identifying legal issues and applicable laws
Originality
Correct grammar, punctuation, and spelling
Properly formatted legal documents and/or legal citations
NOTE: The Project assignment is completed incrementally on a weekly basis. Please
retain this project for your portfolio.
Project Assignment for Week 1
Draft Interview Sheet
As a paralegal, you will be asked frequently to conduct or to sit in on client interviews, whether
initial consultations or follow-up or phone-based interviews. Taking the time before client
meetings to draft a list of questions will help you not only to be prepared to make the most
efficient use of everyone’s time but also will provide a ...
This document summarizes the litigation process from filing a complaint through appeals. It discusses the parties to a case, jurisdiction, pretrial procedures like discovery and motions, the jury selection process, burdens of proof, jury instructions, verdicts and judgments, post-trial motions, and appeals. Key points covered include subject matter and personal jurisdiction, class action requirements, challenges to pleadings, types of evidence and proof standards, motions that can be made during and after trial, and the roles of verdicts and judgments.
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To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/adr-settlement-2021/
This document provides an overview and summary of builders' lien laws across various Canadian jurisdictions. It discusses what builders' liens are, why they are filed, who can file them, deadlines for filing, holdback percentages and periods, and steps required to perfect a lien such as commencing a lawsuit. Key details are provided for each province and territory's lien laws, including registration deadlines, holdback amounts, who can file a lien, and steps to enforce a lien.
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1 How to B rief a Case Prepared for the L egTatianaMajor22
1
How to B rief a Case
Prepared for the L egal Studies Program
Amer ican Public University System
December 2013
Introduction: A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. Case Name and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the Delahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was decided.
2. Facts ...
1 How to B rief a Case Prepared for the L eg.docxAbhinav816839
The document provides instructions for writing a case brief, which is a concise summary of a legal case. It explains that a case brief should include: 1) the case name and citation, 2) the facts, 3) the procedural history, 4) the issue(s) before the court, 5) the court's holding on each issue, 6) the court's reasoning, 7) the decision, and 8) any additional comments. The document provides an example case brief analyzing whether gun manufacturers can be held strictly liable for injuries from criminal use of their guns.
A legal contract requires several key elements to be valid and enforceable:
(1) An offer must be made that is clear, definite, and communicates the intent to be legally bound.
(2) The offer must be accepted in an unqualified manner that matches the terms of the offer.
(3) Consideration, meaning both parties receive something of value in exchange, is required unless the contract is made under seal.
(4) Both parties must intend to create legal relations that are binding upon them. For commercial contracts this is presumed, but social agreements between individuals generally do not intend to be legally binding.
(5) The terms of the contract must be reasonably certain so the obligations of both
Lawyers often tell their clients that while they must prepare as if every case will go to trial, more than 90% of cases are resolved before trial. If a settlement is not reached, the resolution typically comes through the court ruling on a dispositive motion. This episode begins with a look at motions to dismiss, with focus on the still-developing Twombly-Iqbal standard, and how that standard is put into practice. We then discuss summary judgment motions. That discussion includes everything from making a summary judgment record to brief writing, to making a cross-motion for summary judgment. This webinar shines a light on what happens to the great percentage of cases that don’t make it to trial.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART I 2022
See more at https://www.financialpoise.com/webinars/
A1 Resolve is an online platform that provides binding arbitration services to resolve legal and commercial disputes quickly, affordably, and without direct contact between the parties. Arbitrators are experienced professionals who issue final decisions within 90 days based solely on documents submitted. The process avoids hearings, depositions, and oral testimony to be faster and less expensive than litigation, helping businesses retain customers and resolve conflicts privately.
Product liability, litigations in india and classNishank Reddy H
This document provides an overview of product liability, litigation in India, and class action suits in the US. It defines product liability as holding manufacturers responsible for injuries caused by their products. The main types of product liability claims are negligence, strict liability, and breach of warranty. Litigation in India includes public interest litigation which allows courts or private parties to file cases on behalf of the public. Class action suits originated in the US and allow large groups of people to collectively sue defendants. They can increase efficiency and incentivize individuals who otherwise wouldn't pursue small claims.
Motion for summary judgment can put an end to a lawsuit, for better or worse (1)Kingston Law Group
https://kingstonlawgroup.com/motion-for-summary-judgment/
If one or both sides file motions for summary judgment, a judge, looking at the facts, may feel there’s no point in going forward to trial and will issue a decision in favor of one of the parties.
CASE NAME CATAMOUNT SLATE PRODUCTS INC. V. SHELDON1. Legal Cogn.docxwendolynhalbert
CASE NAME: CATAMOUNT SLATE PRODUCTS INC. V. SHELDON
1. Legal Cognizance
2. Facts:
3. Briefly describe the facts: Catamount Slate Products Inc. is owned by the Reed family In Vermont, their neighbors the Sheldons share an access road leading into the two properties. Both parties agreed to mediation to determine whether or not the Reeds could use the road for business purposes. The mediation terms where only to be legal by way of signature, the Reeds agreed to pay a monthly fee and signed both a Lease & Settlement Agreement. Documents were drafted but never agreed to, and the Reeds began paying into an escrow account before anything was signed, to be paid to the Sheldons upon signature, unless the settlement did not occur. Months later a deed was discovered showing the land was a town highway. Further payments ceased and no documents were ever signed.
4.
5. Which facts were key to the outcome?
The mediation was set up as “offers” only, not intended to be legally binding until signing takes place. Additionally, the Reed family made it clear both verbally and in writing that they did not agree to the initial documentation and thus never signed.
2. Legal issue:
3. What legal issue(s) does this case illustrate (i.e. why is this case in the chapter)?
Execution of an offered & written contract requires an offer, a promise for a promise (along with its completion, and acceptance or indication of acceptance. This case exemplifies the first element but fails to complete the other two, thus it is not binding. Secondly, the contract falls within the rules of termination (land was not owned by Sheldons).
1. What are all of the elements of the main legal rule that this case illustrates?
· Reservations not to bound without a written contract.
· Partial performance (completion) of the contract.
· All terms must be agreed upon.
· Land contracts are “subject to the statue of frauds” and needs to be in writing.
3. Prevailing party’s point of view:
4. What legal arguments were made by the prevailing party?
5. The Reeds argued that not only was the road not owned by the Sheldons, but that by disagreeing with the terms, and never entering verbally or in writing into an agreed upon contract, no settlement ever occurred and was therefore not binding.
6. What facts, legal reasoning, social policy, and ethical principles would support a ruling for the prevailing party?
7. Contracts were never signed; The disputed land was owned be neither parties; Agreement to terms never occurred.
8. What were the probable motivations behind the prevailing party’s actions leading up to the dispute? After the dispute?
9. The road was a shared road & thus the Reeds were entitled to use it to an extent. No contractual signatures or verbal agreements were ever made to bind the deal. The initial ruling ruled unjustly in Sheldons favor.
10. Losing party’s point of view:
11. What legal arguments were made by the losing party?
12. The meditation notes and documents drawn up repr ...
Chapter 2 - The Resolution of Private DisputesUAF_BA330
The document discusses the US judicial system and resolution of private disputes through the courts. It describes the differences between state and federal court systems, as well as civil and criminal jurisdiction. The stages of civil litigation are outlined, including pre-trial procedures like discovery and motions, and the trial process involving jury selection, witness examination, and closing arguments.
This document provides an overview of the key participants and processes involved in a criminal trial. It discusses the roles of police, prosecutors, judges, jurors and defendants. It also outlines several important pre-trial decisions and proceedings, such as determining bail, competency to stand trial, and plea bargaining. Finally, it describes the typical phases and procedures of a criminal trial, from jury selection to closing arguments and deliberation.
Similar to Rockwell publishing real estate law chapter 2 (20)