(Toth) Paralegal Portfolio

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My Portfolio
Maria Toth
LGS 450 Practicum & Capstone
Prof. Peggy Nickerson & Cynthia Kramer
Paralegal Portfolio

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Table of Contents
I. Introduction About Me 3-4
II. Resume andReferences 5-7
III. PotentialProfessionalOrganizations 8-9
IV. Possible Future ParalegalExams/Certifications 10-12
V. Possible Future ParalegalProfessionalEmployment 13-14
VI. Assignments ExemplifyingMy ParalegalSkills 15-44
a) ResearchofStatutory Law 16-19
b) Drafting a Legal Memorandum RegardingaLegal Issue 20-23
c) Legal Analysis of a Case Problem 24-27
d) A Pleading(Petition, Complaint, or Answer) 28-29
e) Other Legal Document (Motion, Will, Interrogatory, etc.) 30-35
f) ResearchPaper 36-44

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Hello, my name is Maria Toth. I currently am attending
William Woods University online. I am expectedtograduate
May 2016 with my Bachelor of Science inParalegal Studies.
Right now, I work as an intern at Legal Servicesof Eastern
Missouri.
I started interning in Mayof 2014 in the Immigration Law
Project department. Within the Immigration Law Project
department, I was able to contacts some of the clients, talk
to them, get to know a little about themselves,their family,
and their situation and see what the nextstep is for them. I was able to draft numerous letters
including engagementletters, appointment letters, and evenpossible closing letters. Some of the
research projects involved looking for details regarding the countries the clients immigrated, their
embassy, and any problems currently being experienced.
I also have been lucky enoughto have the opportunity to work in the Children’s Legal Alliance
department. I work more in the Children’s Legal Alliance department right now but still have
opportunities to work in the Immigration department. Within the Children’s Legal Alliance
department, I open and organize client files, draft letters, request school and medical records and at
times, contact the client.
Before interning at Legal Servicesof Eastern Missouri, I worked at a law firm, Danna McKitrick
through a company, Ricoh. Working at Danna McKitrickwas such an experience.Itwas challenging
at times but helped me advance certain skills for future jobs. This job allowed me to get more
comfortable with handling both physical files and e-filing,which is always a great skill to have.
Before Danna McKitrick,I worked at the Circuit Attorney’s Office for the White Collar Crime/Fraud
and Warrant Office. Beingmy first internship, I truly did not know what to expectbut once theygot
me working on certain project and draft letters, I felt that my proficiencyas a paralegal progressed. I
was able to draft garnishments, file a lot, and evenlook up the backgrounds of clients.
With my past and present experiences,Ifeelthat I have grown a lot much as a person and of course,
a paralegal. I am confident enough to say that through my internships and schooling, I have the
capability to use my skills and carry out as a paralegal to whoever may need one. I am excitedto
embark on my future endeavors and see what it brings me.

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Maria Toth
280 Oakleigh Woods Drive, Ballwin, MO 63011
C: (314) 315-7710 H: (636) 227-6756 Email: mtoth711@gmail.com
Career Objective
Utilize my Paralegal Skills as a contributing member of a professional legal team where I can continue to learn
and progress in responsibility.
Education
William Woods University, Bachelor of Science in Paralegal Studies, 3.5 GPA, Dean's List Fall 2015, Graduation
May 2016
St. Louis Community College (Meramec) Associate in Applied Science in Legal Studies for the Paralegal,
Graduated May 2013
Work Experience
Legal Services of Eastern Missouri (Immigration Law and Children's Alliance), St.Louis MO, May 2014-Current
 Perform legal research for immigration and education resolutions
 Preparing Exhibits for Administrative Hearings
 Manage databases for closed and archived cases as well as archived and closed files for clients
 Opening and organizing files as well as creating electronic files for clients
 Requesting medical and school records for individuals with disabilities
 Drafting legal correspondence and documenting client files as well as drafting engagement letters
Danna McKitrick, P.C., St. Louis, MO May 2013 – December 2013
 Tracked Case Studies through ProLaw and communicated progress
 Document management, including input, distribution, output, archival, closed files to Prolaw, and
monitored data destruction
 Assumed responsibility for day-to-day law office
Circuit Attorney’s White Collar Crime/Fraud and Warrant Office, St. Louis, MO February 2013- May 2013
 Prepared client presentations and maintained client files
 Organized paperwork/files and evidence for investigations
 Prepared legal documents
 Data entry (Access, Word, Excel, Internal databases), updated client information in computer system,
tracked and recorded billable hours for each client
Skills and Training
 Advance skills in Microsoft Office (Word, Access, Outlook, Excel,PowerPoint) and Internet Software
 Proficient in use of office machines such as fax, copier, scanner, shredder, etc.
 Legal research using LexisNexis and Westlaw
 Manage group calendar using Microsoft Outlook when scheduling appointments
 Data Entry into Access databases for program evaluations
Professional Association and Volunteer Experience
 St. Louis Paralegal Association, St. Louis MO - Annual Paralegal Day Set-up
 Delmar Gardens on the Green, St. Louis, MO - Assist with resident care and socialization

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REFERENCE LIST
Mary L. Anthony
Office Manager/ParalegalSupervisor
4232 Forest Park Avenue
Saint Louis, MO 63108
P: 314-256-8766
Kathleen Dorlac
Paralegal/Detainer Clerk
White Collar Crimes Unit
1114 Market St., Room 758
St. Louis, MO 63101
P: 314-589-6447
C: 314-276-6056
Ronald Shelley
1037 Savonne Court
Chesterfield, MO 63005
Mobile: 314-412-2928
Supply Chain Vice President, Boeing (retired)
Chief Supply Chain Executive (BJC)

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Potential Professional
Organizations

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Missouri ParalegalAssociation is an association that is to serve paralegalsandto advance
the paralegalprofession by the following means:
- Develop and advance the highest quality standardsfor education, ethical
responsibility and professionalism;
- Serve as a unified voice for Missouri paralegals;
- Promote the independence andself-direction of the paralegalprofession;
- Monitor, supportandparticipate in changesand developmentsin the paralegal
profession on local, state, nationaland internationallevels;
- Increase the knowledgeof the public, the judiciary, and the legal community
regardingthe paralegalprofession; and
- Advance, foster and promote the paralegalprofession.
Application fees: Associate (non-employed paralegal) wouldbe $48.00per year and if at
voting level (employed as a paralegal),the fee will be $66.00 per year.
BAMSL – the Bar Association of MetropolitanSt. Louis is an enhanced membership level for
those who want to provide greater supportto their local bar association. Those who choose
to become a SustainingMember receive invitations to exclusive events, two free ethics CLE
hours,free admission to signatureevents, ongoing recognition as a Sustaining.
Application fee: Paralegal/legalassistant wouldbe $70.00 per year.
NALA – the ParalegalAssociation is a membership organization.This means thatthe
individual members of NALA are the leading force of NALA programsand policies. Through
NALA, paralegalsacrossthe nation have come togetherto develop programsand standard
setting codes to help them grow in the work place.
Application fees: Associate membership would be $115.00per year and if a student,
the fee would be $50.00 for the first 2 years (for the price of one).
American Alliance of Paralegals,Inc. is to advancethe paralegalprofessionby focusing on
the individual paralegal.
Application fees: Associate member would be $25.00 per year and a sustaining
membership would be $50.00 per year.
NFPA – the National Federal of Paralegal Association is a non-profit federation that
promotes a globalpresence for the paralegalprofession and leadershipin the legal
community.
Application fees: Individual members wouldbe a $95.00 per year and if a student,the
membership would be $50.00 per year.

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PossibleFuture Paralegal
Exams/Certifications

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CP/CLA – Certified Paralegal/Certified Legal Assistant Exam is a voluntary process by which a
nongovernmental entity grants a time-limited recognition to an individual after verifying that the
individual has met predetermined,standardized criteria. Certification is voluntary, not imposed by
government.It is time limited, which means that those with the certification must fulfill ongoing
educational requirementsto keep the certification current, and the criteria for certification is
recognizedin the community.
The Certified Paralegal examination is organized in five separate sections reflecting the general
knowledge and skills required of paralegals for success on the job:
 Communications
 Ethics
 Judgment & Analytical Ability
 Legal Research
 Substantive Law (American Legal System,Civil Litigation, Business Organizations and
Contracts)
Application fees:$250.00for NALA members and if a nonmember,the fee will be
$275.00.For a retake, the feesare $60.00 per section.
PCCE – Paralegal Core Competency Exam was developedto assess the knowledge, skills and ability
of early careerand entry-levelparalegals.
Application fee: $215.00
PP – Professional Paralegal Examis is an attainable goal for paralegals who wish to be identified as
exceptional in all areas of law. The certification is receivedafter passing a one-day, four-part
examination. Successfulcompletion of the PP examination demonstrates:
 A mastery of procedural skills and communication skills.
 An advanced knowledge of procedural law, the law library, and the preparation of legal
documents.
 A working knowledge of substantive law and the ability to perform specifically delegated
substantive legal work under an attorney’s supervision.
 The ability to interact on a professional level with attorneys, clients, and other staff.
 The discipline to assume responsibility and exercise initiative and judgment while adhering to
legal ethical standards at all times.
Application fees: $225.00 for a NALS members and if not a member, the fee will be
$275.00. For a retake, the fee for a member is $60.00 per part and if not a member,
the fee will be $70.00 per part.
PLS/CLP – Professional Legal Secretary/Certified Legal Professional are the designation for lawyer’s
assistants who want to be identified as exceptional. Certification is received after passing a one-day,
four-part examination, which demonstrates not only dedication to professionalism but acceptance of
the challenge to be exceptional. Personal motivation is necessary to attain such a goal. The purpose
of the examination is to certify a lawyer’s assistant as a person who possesses:
 a mastery of office skills
 the ability to interact on a professional level with attorneys, clients, and other support staff
 the discipline to assume responsibility and exercise initiative and judgment, and
 A working knowledge of procedural law, the law library, and how to prepare legal
documents.

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Application fees: $175.00 for a NALS members and if not a member, the fee will be
$225.00. For a retake, the fee for a member is $50.00 per part and if not a member,
the fee will be $60.00 per part.
ALP – Accredited Legal Professional is awarded after passing a four-hour, three-part examination.
Attaining this goal demonstrates your commitment and aptitude for succeeding in the ever-changing
legal environment. The ALP exam:
 demonstrates ability to perform business communication tasks;
 gauges ability to maintain office records and calendars, and prioritize multiple tasks when
given real-life scenarios;
 measures understanding of office equipment and related procedures;
 denotes aptitude for understanding legal terminology, legal complexities, and supporting
documents;
 Appraises knowledge of law office protocol as prescribed by ethical codes.
Application fees:If a student/LTC Participant, the fee will be $75.00.If a NALS
member,the fee will be $100.00,and if a nonmember, the fee will be $125.00. For a 1-
part retake the fee for a student/LTC Participant is $40.00;NALS members is $40.00;
and Nonmember is $50.00. For 2-parts retake, the fee for a student/LTC Participant is
$50.00;NALS member is $75.00; and Nonmember is $100.00.
PACE – Paralegal Advance Competency Examwas developed by a professional testing firm in
conjunction with an independent task force including paralegals, lawyers, paralegal educators and
content specialists from the generalpublic who are legal advocates. It is administered by computer
in a proctored testing facility, consists of 200 multiple-choice questions and must be completed in
four hours. The questions are not practice-area specific,but are hypothetical issues testing advanced
application of general knowledge, paralegal experience,andcritical analysis ability to identify the
correct answer. The examcovers tasks that experiencedparalegals routinely perform, regardless of
the practice area or geographic region in which theylive. These tasks were organized into 5 domains:
 Administration of Client Legal Matters (23%);
 Developmentof Client Legal Matters (30%);
 Factual and Legal Research(22%);
 Factual and Legal Writing (20.5%),and
 Office Administration (4.5%).
 Ethics are included in all of the above domains, as are technology and terminology.
Application fees: The cost to take the examdepends on whether the candidate is a
NFPA member. The examfee for non-NFPA members is $250; for NFPA members the
examfee is $225.In addition, all candidates must include a $25 application-processing
fee. If you fail the PACE exam,you are eligible to submit a newapplication together
with the appropriate exam fee ($225 or $250 dependingon whether you an NFPA
member) and the $25 application processing fee no earlier than six (6) months after
the date of the failed examination.


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Possible Future Paralegal
Professional Employment

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Areas of the law I am interested in are:
 Elder Law
 Immigration Law
 Criminal Law
 Family Law
 Cyber Law
 Education Law
Possible FutureParalegalPosition(s):
 SSM Health Paralegal
o Office: SSM Health – System Office
o Apply online throughSimplyHired.com
o Location: St. Louis, MO
 Paralegal/Legal Assistant – Family Law & Criminal Law
o Law Firm: Deikman & Leightner, P.C.
o Apply online throughZipRecruiter.com
o Location: Clayton, MO
 Paralegal
o Law Firm: Gori Julian
o Apply either online throughMonster.Com or their own website:
http://www.gorijulianlaw.com/
o Location: Edwardsville, IL
 Paralegal-Divorce and Family Law
o Law Firm: StrangeLaw Firm, P.C.
o Apply throughtheir website: http://www.stangelawfirm.com/
o Location(s):St. Louis, MO; St. Charles,MO; Ellisville, MO
 Immigration Paralegal
o Law Firm: Legal Services of Eastern Missouri
o Apply throughtheir website: http://www.lsem.org/
 Elder Law Paralegal
o Law Firm: Legal Services of Eastern Missouri
o Apply throughtheir website: http://www.lsem.org/
- If I need to relocate, thatwould not be a problem I feel.

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Research of Statutory Law
About the assignment:
Review your State's statutes for instances in which mediation
may be required prior to trial of an issue. Hint: Child custody,
certain insurance claims and certain employment issues may
require mediation. Write a two-page paper in which you
summarize your findings.
Why this assignment:
I feel that this assignment best exemplifies my skill regarding
research of statutory law. This assignment gave me the
opportunity to do research on Missouri’s Statute pertaining
mediation and get a better understanding of what this statute
consisted of. This assignment allowed me to put my research in a
comprehensive paper.

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Maria Toth
LGS 328: ADR& BusinessOrganizations
Prof. Cynthia Kramer
Week4 Writing Assignment 3
Have you evergone to a legal site such as Westlaw or LexisNexisand come across your
state’s statutes for certain instances? I came across Missouri’s statutes regarding mediation that may
be required prior to trial of issues that may include child custody; certain insurance claims and maybe
evencertain employment issues. Within this paper, I found about four statutes I would like to
mention on the topic of mediation prior to trial.
According to Mo.Rev. Stat. § 436.362, the statute talks about mediation requirements and I
will go a little more into them. “At any time, either a claimant or contractor may offer to resolve a
claim against a contractor through mediation. Mediation pursuant to this section shall be nonbinding
and independently administered. The contractor and claimant shall mutually agree upon a qualified
independentand neutral mediator and shall equally share the cost of the mediator. If the parties
agree upon a mediator, then the mediation shall take place within a reasonable time period, but in
no event later than forty-five days after service of a request for mediation by a claimant upon a
contractor or a request by a contractor upon a claimant. A contractor who receivesa request for
mediation from a claimant shall serve a response in writing within fourteen days and may include
within the response the name of a proposed mediator and mediation date. A claimant who receivesa
request for mediation from a contractor shall serve a response in writing within fourteendays and
may include within the response the name of a proposed mediator and mediation date; The
contractor or claimant may include in the mediation any person or entity reasonably necessaryfor

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resolution of the claim asserted. This subsection shall not be construed to mandate attendance at a
mediation by a person or entity other than the contractor or claimant servedwith a notice of claim; If
all the parties to a dispute agree in writing to submit their dispute to any forum for arbitration,
conciliation, or mediation, then no person who serves as arbitrator, conciliator or mediator, nor any
agent or employee of that person, shall be subpoenaed or otherwise compelled to disclose any
matter disclosed in the process of setting up or conducting the arbitration, conciliation, or
mediation; Arbitration, conciliation, and mediation proceedings shall be regarded as settlement
negotiations and the confidentiality of such proceedingshall be as set forth in supreme court rule 17;
Notwithstanding any provisions of law or the agreements of the parties to the contrary, the
resolution of the dispute by the parties through mediation or otherwise shall not operate to release
any claim of the claimant exceptthe claim described in the notice of defect,and shall not operate to
release the claim described in the notice of defect until the agreed-upon remedyhas been
accomplished.”
According to the Mo.Rev. Stat. § 452.403:grandparents denied visitation, court may order
mediation upon written request, and purposes include costs, venue,and termination of mediation.
Upon the written request of a grandparent deniedvisitation with a grandchild, the associate division
of the circuit court may order meditation with any part who has custody or visitation rights with the
minor child and appoint a mediator. Mediation is the process by which a neutral mediator appointed
by the court assists the parties in reaching a mutually acceptable voluntary and consensual
agreementin the best interests of the child as to issues of child care and visitation.
The role of the mediator is to aid the parties in identifying the issues, reducing
misunderstandings, clarifying priorities, exploring areas of common interest and finding points of
agreement.An agreement reachedby the parties shall be based on the decisions of the parties and

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not the decisions of the mediator. The agreementreachedmay resolve all or only some of the
disputed issues. At any time after the third mediation session, either party may terminate mediation
ordered. The cost of mediation shall be paid by the grandparent requesting the mediation order. The
venueshall be in the county where the child resides.
The Mo. Rev.Stat. § 160.262is in regards to mediation, office of the child advocate to
coordinate, so schools general provisions. This chapter goes into about the office of the child
advocate being authorized to coordinate mediation efforts between school districts and students
and charter schools and evenstudents when requested by both parties whenallegations of child
abuse arise in a school setting. There are a couple of requirementsfor the mediation proceduresand
they are: the mediation process shall not be used to denyor delay any other complaint process
available to the parties; and the mediation process shall be conductedby a qualified and impartial
mediator trained in effective mediation techniques who is not affiliated with schools or school
professional associations, is not a mandated reporter of child abuse under state law or regulation,
and who is available as a public service. If the parties resolve a dispute through the mediation
process, the parties shall execute alegally binding agreementthat sets forth the resolution and they
are: states that all discussions that occurred during the mediation process shall remain confidential
and may not be used as evidence in any subsequentadministrative proceeding,administrative
hearing, or civil proceeding of any federal or state court; and is signed by a representative of each
party who has authority to bind the party.

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Drafting a Legal Memorandum regarding Legal Issue
Assignment: Ipana legal research memorandum on premises
liability/notice.
I feel that this assignment best exemplifies my writing skill in
regards to a legal memorandum concerning a specific legal issue.
I believe this assignment gave me the opportunity to do
extensive research pertaining to premises liability/notice,
including the Revised Statutes of Missouri.With the research I
did, I was able to put everything sufficiently in a legal research
memorandum.

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Maria Toth
LGS 450: Practicum & Capstone
Professor Peggy Nickerson
Week 2 Access Assignment
Ipana Legal Research Memorandumon Premises Liability/Notice
To: Travis Dorn
From: Maria Toth
Re: Ipana LegalResearch Memorandumon Premises Liability/Notice
Date: February5, 2016
QUESTION PRESENTED:
Since there was no indication of the dangerousand defective condition of the
Supermarket’spremises, will the defendant, Shigley’s Supermarket,be held accountablefor
the injuries the plaintiff, Ida Ipana, sustainedwhile at the Supermarket?
SHORT ANSWER:
Yes, but the plaintiff’s knowledge of the premises, if any, will determine the level of
comparative negligence assessed againsther.
STATEMENT OF FACTS:
Due to ourstatewide status,ouroffice hasbeen asked to researchlaw in connection with an
incident thattook place on November 11,20XX at Shigley’s Supermarket, located at 1675
State Street, Anytown, USA.
On November 11, 20XX, the plaintiff, Ida Ipana was a business invitee of the defendant,
Shigley’s Supermarket,Inc., when she unfortunatelyhad an incident where she slipped,
tripped, and stumbled,or fallen due to the dangerousanddefective condition of the
defendant’s premises, thereby sustainingserious and severe injuries thatmay be
permanent.
The abovementionedincident that was caused by the Supermarketdue to numerousreason
and they include, not limited to:
 Failed to properly maintain the premises
 Improperly maintaining the premises so as to furnish businessinvitees
 Failing to repair defects that existed prior to the incident

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 Improperly repairing defects that existed prior to the incident
 Failing to properly supervise its employees in the maintenance and care of the
premises
 Improperly supervising its employees in the maintenance and care of the premises
 Failing to inspect the premises
 Improperly inspecting the premises
 Failing to warn plaintiff and other invitees of the dangerousand defective condition
thatexisted on the premises
 Otherwise failing to exercise due care in the maintenance of its premises and in its
duty to the plaintiff.
There unfortunatelywere no types of notices or signs to be in place for anyone to see. The
plaintiff sustainedinjuries to her body, neck, back, andlimbs, including, butnot limited to, a
concussion, headaches,dizziness, blurryvision, slurredspeech, cervical sprain and strainand
lumbarsprain and strain.She also endureda loss of earningsand earning capacity due to her
great detriment and loss.
DISCUSSION OF LAW:
The United States shallbe liable, respecting the provisionsof this title relatingto tort claims,
in the same manner and to the same extent as a private individual underlike circumstances,
but shallnot be liable for interest prior to judgment or for punitive damages.
If, however, in any case wherein deathwas caused, the law of the place where the act or
omission complained of occurred provides,or hasbeen construedto provide, for damages
only punitive in nature,the United States shallbe liable for actualor compensatory
damages, measuredby the pecuniary injuries resultingfrom such deathto the persons
respectively, for whose benefit the action was brought,in lieu thereof.
With respect to any claim under this chapter,the United States shallbe entitled to assertany
defense based uponjudicial or legislative immunity which otherwise would have been
available to the employee of the United States whose act or omission gave rise to the claim,
as well as any otherdefenses to which the United States is entitled. (28 U.S.C.A. § 2674
(West))
Even thoughthis case is not in Missouri,the stateof Michigan recognizes similar common-
law categories.
Michigan recognizes three common-law categories for people who enter another'sland or
premises:
(1) trespasser,
(2) licensee, and

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(3) Invitee.
Stitt v. HollandAbundant Life Fellowship, 462 Mich. 591, 596, 614 N.W.2d 88 (2000). These
classifications dictate the level of care a landownerowes the visitor. Invitees receive the
highest level of protection under premises liability law:
The landownerhasa duty of care, to not only warn the invitee of any knowndangers,but
the additional obligation to alsomake the premises safe, which requires the landownerto
inspect the premises and, depending uponthe circumstances, make any necessary repairs or
warn of any discovered hazards. (Woodardv. ERP OperatingLtd. P'ship, 351F. Supp. 2d 708,
711(E.D. Mich. 2005))
Basis for premises owner's liability for physical harm causedto his invitees by condition on
landis premises owner's superiorknowledge of unreasonableriskof harm of which invitee,
in exercise of ordinary care, does not or shouldnot know. Restatement (Second)Torts §
343. Little v. JonesboroCountryClub, 92 Ark. App. 214, 212 S.W.3d 57 (2005).(35 A.L.R.3d 230
(Originally publishedin 1971))
According to Defending a Premises Liability Claim, “NO DUTY TO WARN OF OPEN AND
OBVIOUS CONDITION: The general ruleof premises liability requires “a property owner to
exercise ordinary care in the management of his or her premises in order to avoid exposing
personsto an unreasonablerisk of harm.” ( Scott v. ChevronU.S.A. (1992)5 Cal.App.4th510,
515; See Civ.Code § 1714,subdivision (a).)In determining the extent of a property owner's
duty to warn of a property condition, courtsconsider whether the condition causinginjury is
an open and obvious one. “[A]nowner or possessorof landowes no duty to warn of
obvious dangerson the property.” ( Christoff v. Union Pacific RailroadCo. (2005)134
Cal.App.4th118,126.) Thus, the questionarises whether the curb, and the dangersposed by
the curb, were so open and obvious thata person may be reasonably expected to “perceive
thatwhich shouldbe obviousto him in the ordinary use of his senses.” (Danieley v.
Goldmine Ski Associates, Inc. (1990)218 Cal.App.3d111,121.) “Generally, if a dangeris so
obvious thata personcould reasonablybe expected to see it, the condition itself serves as a
warning, and the landowneris underno furtherduty to remedy or warn of the condition.” (
Krongos v. Pacific Gas & Electric Co. (1992) 7 Cal.App.4th387,393).
(http://www.lawatyourfingertips.com/wp-
content/uploads/casenotes/DPLBOOKLETUPDATE.pdf)
CONCLUSION:
It is clear that the plaintiff endured seriousinjuries because of the poor judgment from the
defendant not giving any kind of notice or sign of the dangerousanddefective conditions of
its premises. According to the Missouri statutesandpremises liability claim, it seems that the
defendant is reliable pertainingto nothaving a premises liability notice.

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Legal Analysis of a Case Problem
Week 6 Case Study Assignment
Complete all case studies at the end of the chapter. Case
studies will require you to do additional research. Once you
have completed your research and thoroughly answered the
proposed questions, complete the analysis and upload your
paper as a Word document
I feel that this assignment best exemplifies my writing skills
pertaining to a legal analysis of a case problem.This assignment
allowed me to do research regarding specific cases for a better
understanding of what the cases entailed and what the core of
the problem is. I was able to make a legal analysis of the cases
and put it all together in the end.

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Maria Toth
LGS 420: Probate & Estate Planning
Professor Carol England
Week6 Case Study Assignment
Case Studies (separately):
1. What factor should a court look at to determine the wishes of an elderly patient with respect
to maintaining her life on the life support systems?
a. In re WestchesterCounty Medical Center,72 N.Y.2d517, 534 N.Y.S.2d886 (1988)
To determine the wishes of an elderly patient with respect to maintaining her life on
the life support systems, the court would look at the statements she had made prior to
becoming incompetent.
Mary O'Connor indicated that she did not want to be a burden to anyone,and
repeatedly indicated she did not want to be maintained by artificial means if she could no
longer care for herself.
Mary O'Connor's statement were too general to clearly and convincingly establish
that she would choose to forgo tube feedingin her present condition. To meetthe clear and
convincing evidence standard, statements must refer to similar conditions and treatments,
and be "durable" in the sense that theybe made strongly and repeatedly.The court noted
that making these wishes known in writing would help,making it clear that a change of heart
would be unlikely, but that written statements are not required, per se: See Delio,above. The
court rejectedthe "substituted judgment" standard found in most other jurisdiction at the
time. However,Mary O'Connor died 10 months later, tube feeding in place.
The right to decline medical treatment is personal and, under existing law in New
York, could not be exercisedby a third party when the patient is unable to do so.
2. In order to come within the provisions of ERISA,the employer must be involved in interstate
commerce.
a. Sheffieldv. Allstate Life Insurance Co., 756 F. Supp.309 (S.D.Texas1991)
A dental bill was deniedcoverage by an insurance company pursuant to an employee
benefit plan. The employee sued,alleging that the plan has beenmisrepresented. The legal
bases of the suit lied in the Employee Retirement Income Security Act.The federal court
eventually dismissed the suit because the employer only conductedbusiness in the state of
Texas.
ERISAcovers "any business ... in commerce or in which a labor dispute would hinder
...the free flow of commerce,and includes any activity ...`affecting commerce'within the
meaning of the Labor Management Relations Act, 1947, or the Railway Labor Act."29 U.S.C.§
1002(12). ERISAcoverage extendsto the limit of congressional jurisdiction under the

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commerce clause, but it is defined by the labor component of the business rather than its use
of the instrumentalities of interstate commerce,crossing state lines, national markets, or
other criteria of interstate effect.
ERISAaddresses those employers whose labor disputes could affect interstate
commerce.World Houston Managementhas only two employees,whose business is not
demonstrably interstate. The Supreme Court, in speaking of the scope of congressional
power of control over intrastate activities, stated:
Undoubtedly the scope of this power must be considered in the light of our dual
system of government and may not be extendedso as to embrace effectsupon interstate
commerce so indirect and remote that to embrace them, in view of our complex society,
would effectually obliterate the distinction betweenwhat is national and what is local and
create a completely centralized government.
3. What should be the standard of care imposed on a guardian of property?
a. In re Conservatorship of Estate of Martin, 228Neb,103, 421 N.W. 2d 463 (1988)
The guardianship must be held to an evenhigher standard the includes avoiding risks
that he might take with his own property and can take no risk that would endangerthe
integrity of the property. This is a higher standard than that imposed on the most trustees
and fiduciaries.
Prior to 1975, Nebraska statutes defined the standard of care to be that "whichmen
of prudence,discretion, and intelligence acquire or retain for their own account in the
management of their own affairs, not in regard to speculation, but in making investment of
their own funds with a view to probable income as well as probable safety of the capital
involved." Neb.Rev.Stat.§ 24-601 (Cum.Supp.1974).Cf. § 24-601 (Reissue 1975).
With the adoption of the Uniform Probate Code, effective January 1, 1977, the new
standard was set out in Neb.Rev.Stat.ch.30 (Reissue 1985). Section30-2646 provides: "In
the exercise of his powers, a conservator is to act as a fiduciary and shall observe the
standards of care applicable to trustees as described by section 30-2813."
Section30-2813 provides that "the trustee shall observe the standards in dealing with
the trust assets that would be observed by a prudent man dealing with the property of
another...."
Further, the comments under § 30-2813, which were taken directly from the
comments to the Uniform Probate Code, state: This is a new general provision designed to
make clear the standard of skill expectedfrom trustees....It differs somewhat from the
standard stated in § 174 of the Restatement of Trusts, Second,which is as follows: "The

27
trustee is undera duty to the beneficiary in administering the trust to exercise suchcare and
skill as a man of ordinary prudence would exercise in dealing with his own property...."
By making the basic standard align to that observed by a prudent man in dealing with
the property of another, the section accepts a standard as it has been articulated in some
decisions regarding the duty of a trustee concerning investments. SeeEstateofCook, (Del.
Chanc.1934) 20 Del.Ch.123, 171 A. 730. Also, the duty as described by the above section more
clearly conveys the idea that a trustee must comply with an external,rather than with a
personal, standard of care.
It is apparent that the Legislature, in adopting the Uniform Probate Code, set a
different and higher standard of care for a conservator than had previously prevailed in
Nebraska.
The order of the county court for Butler County reflects that this standard was not
employed by the county court. This constitutes error on the record, which compels reversal.
In view of this finding, it is not necessary to, and we do not, consider other grounds for
reversal advanced by Martin in this appeal.
The cause is reversed and remanded to the district court for Butler County with
directions to remand to the county court for further proceedings in conformance with this
ruling.
4. Many an elderly person who is terminally ill decidedto take his own life and seekmedical
assistance in so doing without violating criminal suicide statutes?
a. Washington v. Glucksberg, 521 U.S.702 (1997)
The United States Supreme Court held that such statutes that make it a crime to
assist a person in committing suicide are not unconstitutional as violative of the due
process clause evenwhen applied to competent,terminally ill adults who wish to hasten
their deaths by obtaining medication prescribed by the doctors.
Dr. Harold Glucksberg, along with four other physicians, three terminally ill
patients who have since died, and a nonprofit organization that counsels individuals
contemplating physician assisted-suicide, brough this suit challenging the state of
Washington’s ban on physician assisted-suicide. The State of Washington has historically
criminalized the promotion of suicide attempts by those who “knowingly cause or aid
another person to attempted suicide.”
Dr. Glucksberg alleged that Washington’s ban was unconstitutional. The District
court ruled in favor of Dr. Glucksberh and his fellow petitioners.

28
A Pleading (Petition, Complaint, or Answer)
Write a paper in word and submit it to the appropriate
assignment for week 8 in which you use the fact scenario
from the week 5 forum, draft your client’s complaint for your
attorneys review to file with the Missouri Human Rights
Commission
regarding a complaint. This assignment allowed me to do
research the Missouri Human Rights Commissionand use what I
researched to develop a sufficient complaint.

29
Maria Toth
LGS 324: Administrative andFederal Procedure
Professor: CarolEngland
Week 8 Practical Application Assignment 1
Missouri Commission on Human Rights
3315W. Truman Blvd., Rm 212
P.O. Box 1129
Jefferson City, MO 65102-1129
Phone: 573-751-3325
To Whom it may concern:
My name is JoshTucker filing a discrimination complaint for my client Mitch O’Malley.
My client Mr. O’Malley is an Irish-American cross-dresser,who says he is often mistaken for a
woman and multiple incidents have happened to him. Here are the few incidents that have
happened to my client:
- He rolled into the drive-thruat the 24-hourMcDonalds, one block from the State
Capitol to get a Big Mac andthey refused him service because he was a disabledand
because of his gender identity.
- He was riding in his electric mobility scooter. It was about11 p.m. The front lobby was
closed and only the drive-thruwas open. He had no choice but to order in the drive-
thru.
- He had degenerative arthritisin his back from the time he was a door gunnerin Viet
Nam. McDonald's discriminates against people like him who do not or cannotdrive,
and who have red hair. "I don'tunderstandbecause RonaldMcDonaldhas red hair
like me.”
- He wants you to help him bring a discrimination suit againstMcDonalds.
If you have any questionsor thoughts,pleasedo not hesitate to give me a call at (314)856-
3456.
Sincerely,
JoshTucker
Discrimination & Immigration Firm
5948O’Kally Drive
Saint Louis, MO 65421

30
Other Legal Document – Will
Drafting a Will
Draft a will as set forth in Exercise 2 for Chapter 5.
when it comes to writing a Will. I was able to put what I learned
throughout my Probate and Estate Planning class into the Will.
What I found even more exciting and exemplifying,was the fact
that this Will allowed me to use myselfas the example.

31
LAST WILL AND TESTAMENT OF
MARIA TOTH
I, Maria Toth,of Ballwin, Missouri, revoke my former WillsandCodicils anddeclare thisto
be myLastWillandTestament.
ARTICLE I IDENTIFICATION OF
FAMILY
I amnotcurrently married to anyone.
I donothave any children atthetime of thesigning of this Will.
ARTICLE II
PAYMENT OF DEBTS AND EXPENSES
I direct thatmyjustdebts, funeral expenses andexpenses of lastillness be firstpaidfrom
my estate.
ARTICLE III
DISPOSITION OF PROPERTY
A. Specific Bequests. I direct thatthefollowing specific bequests be madefrommy estate.
$16,000 shall bedistributed to MattFanning. If thisbeneficiary does notsurvive me,this
bequest shall bedistributed toRichard andKaren Toth.If thisbeneficiary doesnotsurvive
me, thisbequest shall be distributed with myresiduary estate.
B. Remaining Tangible Personal Property. My remaining tangible personal property shall be
distributed to Matt Fanning. If thisbeneficiary does notsurvive me, thisproperty shall be
distributed to Richard andKaren Toth. If this beneficiary does notsurvive me, thisproperty
shallbe distributed with my residuary estate.
C. Residuary Estate.I direct thatmyresiduary estate be distributed to thefollowing
beneficiaries in thepercentages as shown:

32
50% - Peter Toth, , Missouri. If this person does notsurviveme,this
share shall bedistributed proportionately to theother distributee(s) listedunder this
provision.
50 - Percent Total
ARTICLE IV
PET CARE DIRECTIVES
Notwithstanding anyother provision of thisWill, I further direct
that: A. Pet Caretaker. I give my following pet(s):
- My cat, Bootsie
- My cat, Cookie
- My cat, Spooky
andanyother animals which I may ownas companion animals at thetimeof my death, to
MattFanning, presentlyresiding at , Fenton,Missouri63026,withthe
request that heorshetreatthem ascompanion animals. If he orsheis unable or unwilling
toaccept my animals, I givesuch animals toRichard andKaren Toth, presently residing at
, Ballwin, Missouri 63011, with the request that he or she treat them as
companion animals. If he or she is unable or unwilling to accept my animals, my Executor
shall select an appropriate person to accept the animals and treat them as companion
animals, andI givemyanimals to such person.
B. Pet Caretaker Funds.I directmy Executor togive $5,000.00 frommy estatetotheperson
who accepts my animals, andI request (butdonotdirect) thatthesefunds beusedforthe
careof my animals.
ARTICLE V
NOMINATION OF INDEPENDENT EXECUTOR
I nominate MattFanning, of Fenton, Missouri, asmy Independent
Executor, to servewithout bond,surety,orother security. If such
personor entitydoes notservefor anyreason, I nominate Mrs.
Patricia Shelley, of Chesterfield, Missouri, to serveasmy
Independent Executor, to serve with bond.
ARTICLE VI
EXECUTOR POWERS

33
A. Power to Administer Estate.MyIndependent Executor, with respect to my estate,in
addition to other powers andauthoritygrantedbylaw or necessary or appropriate for
proper administration, shall have thefollowing rights, powers, andauthority without order of
court andwithout notice toanyone: to identify, gather, value, secure, manage anddistribute
assets, to maintain records, to settleandwindupbusiness affairs, to pay justdebts, to file
necessary tax returns, to redirect mail,to cancel services, toestablish trusts, andto carryout
my wishes as set forth in this Will.
B. Independent Administration. MyIndependent Executor shall have theright toadminister
my estate using "informal", "unsupervised", or"independent" probate or equivalent legislation
designed to operate without unnecessary intervention by theprobate court.
ARTICLE VII
MISCELLANEOUS PROVISIONS
A. Paragraph TitlesandGender. The titles given totheparagraphs of thisWillareinserted for
reference purposes onlyandarenottobe considered asforming a partof thisWillin
interpreting its provisions. All words used in thisWill in anygender shall extend to andinclude
allgenders, and any singular words shall include theplural expression, and vice versa, specifically
including "child" and"children", when thecontext orfactsso require, andany pronouns shall
be takento referto the personorpersons intendedregardless of gender or number.
B. Thirty Day Survival Requirement. Forthepurposes of determining theappropriate
distributions under thisWill, noperson shall bedeemed to have survived meunless such
person is alsosurvivingon thethirtieth dayafter thedateof my death.
C. Liability of Fiduciary. Nofiduciary whois a natural person shall, in theabsence of fraudulent
conduct orbadfaith, be liable individually toanybeneficiary of my estate, andmy estate shall
indemnify such natural person from anyandall claims orexpenses inconnection with orarising
out of thatfiduciary's good faith actions or nonactions of thefiduciary, except for such actions
or nonactions which constitute fraudulent conduct or badfaith.Nosuccessor trustee shall be
obliged to inquire intoor be inany wayaccountable fortheprevious administration of the
trustproperty.
D. Compensation. The Executor is entitled toreceive reasonable
compensation for theirservices under thisWillandbe exonerated
fromandto payallreasonable expenses andcharges of the estate
andtrust.
IN WITNESS WHEREOF, I havesubscribed my namebelow,this day of
, .

34
Testator Signature:
Maria Toth
We, theundersigned, hereby certify thattheabove instrument, which consists of pages,
including thepage(s) which contain thewitness signatures, wassigned in our sight and
presence by Maria Toth (the"Testator"), whodeclared thisinstrument to behis/her LastWill
andTestamentandwe, atthe Testator's request andin the Testator's sightandpresence,
andin the sightandpresenceof each other,do herebysubscribe ournamesas witnesses on
the dateshown above.
Witness Signature:
Name: Blake Choden
Address:
City: Chesterfield
State:
Missouri
Phone Number:
Email:
Witness Signature:
Name: AllisonShelley
Address:1037 SavonneCt
City:
Chesterfield
State:
Missouri
Phone Number: Email:
AFFIDAVIT
STATE OF MISSOURI
COUNTY OF ST. LOUIS
I, theundersigned, an officer authorized toadminister oaths, certify thatMaria Toth,the
Testator, andthewitnesses, whose names are signed tothe attached or foregoing
instrument, having appeared together beforeme andhaving been firstdulysworn,each
thendeclared to me thatthe Testator signed andexecuted theinstrument astheTestator's

35
lastWill,andthattheTestator hadwillingly signed, andthattheTestator executed it asthe
Testator's free andvoluntary act forthe purposes expressed in theinstrument; andthateach
of the witnesses, in the presence andhearingof theTestator, signed the Willaswitness and
thattothebestof the witness' knowledge the
Testator wasat thattimeeighteen or moreyearsof age,of sound mind, andunder no
constraint or undue influence.
In witness whereof I have hereunto subscribed my name and affixed my official seal this
day of , .
(signed)
(seal)

36
Research Paper
For each essential element of a contract, find one recent case
whose outcome hinges on that element. Feel free to use the
case you posted in your forum post, but you cannot use cases
posted by others. Briefly outline the factualcircumstances of
the case and the ultimate affect that contractualelement had
on the outcome of the case. The paper should be 1 ½ to two
pages for each case, totaling to 7.5 to 10 pages
I feel that this assignment best exemplifies writing skills
pertaining to a legal research paper. This assignment allowed me
to do research not only regarding specific cases but also specific
elements concerning a contract and put everything in a research
paper.

37
Maria Toth
LGS 331: Contracts& Torts
Prof. Cynthia Kramer
Week 6 Graded Assignment:Paper
Elements of a Contract
There are a handfulof essential elements regardinga contract andthey are: offer;
acceptance; consideration; capacity of the parties; intent of the parties; and lastly,object of
the contract. On the topic of necessary elements of a contract, there will be a case
specifically towardsthat element. In addition to each case, I will briefly summarize the
factual circumstances and the ultimateaffect thatthe contractualelement had on the
outcome.
The first two elements I will talkabout are offer and acceptance. An offer can be
either oral, which is verballyor written, which is on paper, as long as it is not required to be
written by law. It is what is offered to anotherfor the returnof that person'spromise to act.
It mustbe broughtoutin terms thatare specific anddefinite. An offer does not need to be
made to a specific person. It may be made to a person,a classof people, or to the whole
world. Before entering into a contractan offer has to be made which shallbecome
enforceable by law once it is accepted by the party to whom the offer is made.
An acceptance is the indication by one person to anotherof their willingness to
contract on certain terms. Acceptance occurswhen the party answeringthe offer agrees to
the offer by way of a statement or an act. Acceptance mustbe definite and communicated
to the offer or the rulingwill not deem a person to have accepted an offer merely because
they havenot expressly rejected it.
The case I found regardingthese two elements is Hooker v. TrustedLife Care, Inc., et
al. This case is aboutthis woman, Leslie Hooker who entered into a written, signed
agreement to begin employment with a company, Trusted Life Care (TLC) on June6, 2005.
By an oral alteration,the start date was moved to June 13, 2005. There was an offer between
the two statingthatLeslie Hooker’s employment wouldbe governedby the rulesof at-will
employment. An at-will employment is a term used in law for contractualrelationshipsin

38
which an employee can be dismissed by an employer for any reasonand without warning.
The offer letterthat was accepted by Leslie composed nota “promise” for employment but
a contractualobligation thatwould allow her to startemployment in exchange for her
agreement to work. The letteragreement was a distinct contract thatcreated binding
obligationson Leslie and TrustedLife Care (TLC),including the obligation of her working.
The fact that her employment, once commenced, would be governedby the rules of at-will
employment has no effect on the binding natureof the obligations contained within the
offer agreement. (Hooker v. Trust Life Care, Inc., et al.)
The courtfound that the parties hada binding agreement for Ms. Hooker to begin
employment at TLC. There was a genuine issue of material fact as to which party first
breached the contract. If a fact finder determined that Ms. Hooker committed a material
breach of the contract, did such breach excuse TLC’s performance of their promise? Ms.
Hooker claimed that TLC breached their offer for employment when they terminated for
employment before even allowingher to begin. As an alternativemove, she bringsan action
for promissory estoppel.Promissory estoppel refers to the promise wrongly or falsely made
by a person to anotherperson, depending on which, the otherperson relied on the promise
and suffered an economic loss.
TLC and Peter Falkson,president and chief executor of TLC arguedthatMs. Hooker
could not succeed on either a breach of contractor promissory estoppel theory because she
was an employee at-will. They said they were entitled to terminate her at any time, even
before beginning her employment. Their motion for summary judgmenton Ms. Hooker’s
claim for promissory estoppel was allowed, as it was duplicative and unnecessary in light of
recognition of her breach of contractclaim. Their motion for summary judgmenton her
claim for breach of contract was however denied. The summary judgment motion was
allowed as to claims of handicap discrimination and tortuousinterference with an
advantageousbusinessrelationship.
The courtfound that the parties hada binding agreement for Hooker to begin
employment at TLC. There is a legitimate issue of material of fact as to which party first
violated the contract. If there was a determination of Ms. Hooker committing a material

39
breach of the contract, did such breach justify TLC's performance of its promise? The
defendants' motion for summaryjudgment on Ms. Hooker's claim for promissory estoppel
was allowed, as it is duplicative and unnecessaryin lightof this court's recognition of her
breach of contractclaim. The defendants'motion for summary judgment on Hooker claim
for breach of contract, however, is denied
The next element thatwill be spokenabout is consideration. Consideration for a
contract may be money or anotherright, interest, or benefit. It alsomay be a detriment, loss
or responsibility given up to someone else. Consideration is an absolutenecessity regarding
a contract. Considerationhas to be specifically agreedupon by both parties to the contract.
It alsomust be clearly implied by the terms of the contract.A potentialor accidental benefit
or detriment alone would not be interpreted as valid consideration. The consideration must
be explicit and sufficient to supportthe promise.
The case I found concerning this specific element is Startech, In. v. VSA ARTS, 126
F.Supp. 2d 234 (S.D. N.Y. 2000).This case is about two corporationsthat are not-for-profit
thatentered in an agreement with each other. The plaintiff, Startech, Inc. is a not-for-profit
corporation with its principal place of businessin New York. The defendant, VSA ARTS is also
a not-for-profit corporation with its principal place of business in WashingtonD.C. Startech
was a former partnerof VSA.
Startech’s complaint allegedthat VSA wrote a letterpromising to pay them 50% of
the process thatwere raised by VSA in “private fundraising activities” for three concurrent
years. The agreement was in matterfor renegotiation, if needed. VSA paid nothing in
respect of the agreement to Startech, which arguedthatthey breached the agreement. VSA
did terminate their affiliation with Startech afterwards. In view of that fact Startech claims
thatit was terminated due to its insistence with VSA honoringthe terms of the letter.
However, VSA claimed that Startechdid not meet certain minimum standardsthatprovoked
the termination.
The motion appearsto make a reference to somethingthat wouldqualify as
consideration, which is, Startech’s continuance supportof VSA’s nationalfund raising

40
activities and its supportin working with local officials and obtaining permits and the aid of
VSA’s fund raising efforts. UnderFed.R.Civ.P. 12(b) (6), dismissal of a case is appropriate
when "it appears beyond a doubtthatthe plaintiff can prove no set of facts in supportof his
claim which wouldentitle him to relief." (http://www.law.cornell.edu/rules/frcp/rule_12).In
reviewing the sufficiency of the complaints, the well-pleaded allegationsare treated as true
and allinferences are drawnin favor of Startech.
The fourthelement I would like to talkabout is capacity of the parties to contractor
anotherway of puttingthis, the legalcapacity. The generalopinion of the law is thatall
people have the capacity to contract.A personwho is trying to avoid a contract wouldhave
to declare his or her lack of capacity to contract againstthe party who is trying to enforce
the contract. Capacity of the parties to contractis a valid contract thatrequires all parties to
be legallyable to enter into the agreement and is a requirement for a valid and bonding
contract.
The specific case that I foundregarding capacity of the parties is Sparrow v.
Demonico & another,461Mass. 322 (2012). This case is abouta family dispute over
ownership of what had been the family in Woburn, which provokedthe plaintiff, Frances
Sparrow to file a complaint againsther own sister andher husband,David Demonico, the
defendants. Ms.Sparrow filed a complaint July 2003 but thenwas lateramended. Underthe
theories of constructiveand resultingtrust,it is said thatMs. Sparrow was entitled to a one-
half interest in the Woburnproperty which was consistent with the wishes of her, and her
sister’s mother, who unfortunatelydied.
Susanand her husband,David Demonico, whom she was separatedfrom at the time
of mediation, both,resided at in the Woburnproperty. Once the separationbetween the
Susanand David happened, he made the decision to notlive there with her. He claimed that
they were the sole owners of the property, and stated that Ms. Sparrow did nothave any
interest in it.
There was a set date for the mediation on October 19, 2006. Both parties and their
attorneyswere there in the Superior Court.The parties soughtto achieve a settlement

41
throughthisvoluntarymediation and the matter was removed from the trial list. Ms.
Sparrow stated thatthe case was settledduring the mediation by an agreement. The
agreement declared thatthe Demonico’s would sell the property and pay her $100,000 from
the sale proceeds and to make surethe agreement was going to happen, she soughtan
order enforcing it. Unfortunately,Ms. Sparrow allegedthat the Demonico’s went back on
their obligations. The Demonico’s claimed that the agreement was unenforceable because
of Ms. Sparrow experiencing a mental breakdownduring the mediation, thus lackingthe
capacity to authorize the settlement.
There was an evidentiary hearing regardingthe motion. David and Susan were the
only witnesses and no exhibits thatwere admitted. The motion judge denied Ms. Sparrow’s
motion on the basis thatthe supposedagreement could have been the resulton an
emotionally overwroughtstateof mind on the part of her sister, Susan.The case then
proceeded to trial by jury before a different judge. Ms.Sparrow then appealed from the
judgment and the denial of her motion to enforce the mediated settlementagreement.
The courtfinally came to a conclusion. The conclusion was that the motion’s
determination about Susancould have been emotionally distraughtbutwas noton grounds
to avoid the contract.It was however noted that Susanstated thatshe was taking
medication prior to the mediation, but stopped at some before right before it, which caused
her to cry a lot that day. Susan’stestimony regardingnot taking the medication was thatshe
“was out of controlemotionally during the mediation” and “she was not thinkingrationally”
on that day. (Sparrow v. Demonico & another,461Mass. 322 (2012) Prior to the trial, both
parties hoped to resolve their differences andthat just happened.
The second to lastelement I will talkabout is intent of the parties to contract.Intent
of the parties is a basic requirement of any contract,whether it is written or orally. There has
to be a mutualassentor in other words, “meeting of the minds” of the parties on the
projected terms andelements of the contract.
The case thatI found on the subject of this element is LSQ FundingGrp., L.C. v. EDS
Field Servs., 879 F. Supp. 2d 1320 (M.D. Fla. 2012). This case is about the plaintiff, LSQ

42
FundingGroup, who is a financial service firmed based in Florida who core businessis
factoring. They enter into factoring agreementswith their clients, which are known as
vendors,who invoice their customers,also known as account debtors.In accordance to the
factoring agreement between LSQ and a vendor, the vendorassigns its accountsreceivable,
or in otherwords, their invoices to the plaintiff. The plaintiff hasthe right to purchasethe
vendor’sinvoices, but not the obligation. If the plaintiff decides to purchase the invoices, it
collects payment of the invoices directly from the debtor.
The defendant,EDS Field Services provides businessand information technology
solutionsto its customers. EDS Field Services hired Homeland Solutions,Inc. to install
undergroundcablesat variousworksites for their customers.Later on, the plaintiff, LQS and
Homeland Solutions, Inc. entered into a factoring and security agreement.In accordance to
the factoring agreement, LSQ purchasedcertain Homeland invoices issued to the defendant,
EDS Field Services.
At the time when the LSQ purchasedthe invoices from Homeland, it emailed a copy
of the invoices to EDS’s programmanager, to assessthe risk associated with the invoices.
The programmanagerwas the most knowledgeableperson with respect to the work
Homeland provided to EDS Field Services. Later on, LSQ sent EDS around30 email
exchanges, in accordance to which EDS paying LSQ for over 100 Homeland invoices.
However, later on, EDS discovered that Homeland submitted 35 fraudulentinvoices to LSQ
duringthe same time of the email exchanges.It was established thatLSQ purchasedthose
invoices. It appearedthat the invoices were for work and had been performed, which were
already purchasedby EDS Field Services. LSQ attached the fraudulentinvoices at issue to 20
separate email exchanges.
After the email exchanges of the fraudulentinvoices, the plaintiff’s presidentand
CEO gottogether with the defendant’sprogrammanager and his supervisorto talk
everything over. They all agreedthat the defendant, EDS would continue to employ
Homeland as a vendorand the plaintiff, LSQ wouldcontinue to feature Homeland, in order
to permit Homeland the chance to repay them. Luckily, they were able to collect $263, 380
from Homeland Solutions.

43
Lastly, the final element I am going to confer aboutis object of the contract. A
contract cannotbe enforceable if its object is considered to be illegalor against public
policy. In numerousjurisdictions, contractsbased upon lotteries, animal races, such as dogs
and horses,or further forms of gamblingwould be considered illegal contractsbutin other
statesthey can be considered valid.
The case study thatI found regardingthis last element is United States v. Williams,
428 F. App'x 134 (3d Cir. 2011). This case is aboutthe defendant, Terrance Williams, a pimp,
who was convicted for a few things suchas: conspiracy to transport,coerce andentice
women to travelinter-state for prostitution;interstate travelin aid of racketeering; sex
trafficking; and transportof a minor for prostitution. Racketeering can be defined as the
process of runningan organizationto execute ongoing criminal activities, so in this case
prostitution.It was noted thatMr. Williams had fifteen co-conspirators who manageda
multi-year and multi-statering of prostitution.It involved up to at leasta hundredandfifty
teenage girls andyoung women.
One of the co-conspirators, Mr.Banks testified saying thatpimp partners’affiliation
involved an unwrittencode of joint counsel, protect, information-sharing,and financial
assistance. Mr. Banksand anotherco-conspirator, Mr. Maes described their partners’
“meetings of the minds”, as a competition amongsteach other and conformed to unwritten
but will-understoodrules.Even thoughMr. Maes spoke outon how violent Mr.Terrance
was towards the women, he still stayed.
There was one “prostitute”that really stuckout duringthis case and her name is J.K.
She was recruited by Mr. Williams when she was only sixteen years of age. Even knowing her
age, he stillwent aboutprostitutingher, later thendenying he did sucha thingand claimed
thatshe was his companion. She was asked if thatwas true and if not, if she hadany
acknowledge of what really was going on, which wouldbe prostitutionand she answered
yes. Unfortunatelythe association between the two did not just end there.
Once the law enforcement gotinvolved, Mr. William and Mr.Banks tried paying J.K.’s
mother off to make surethat her daughterwouldnot testify against them. Mr. William’s

44
played as what we like to call as the middleman. He paid for transportationfromFlorida to
Toledo, and then took her back to Harrisburg.He did this to obstructher contact with the
law enforcement. Mr. William’s on-time cellmate testified saying thathe was recruited by
Mr. William and his girlfriend as a mediator to send J.K. a letter. The letter supposedly
promised his love to her and soughtto preventher from incriminating him in prostituting
her.
Subsequentto Mr. William’s conviction, a pre-sentence report,also known as PSR
was prepared. The courtruled on Mr. William’s objections to the PSR and sentenced him to
five hundredand forty months’imprisonment. Later on, he appealed his four count
conviction andsucceeding five hundredand forty month sentence regardinghis role as a
pimp in a prostitutionring. His sentence on the two countswas vacated and was remanded
for resentencingon a thirdone.
References/Cases:
Hooker v. TrustLife Care, Inc., et al.
LSQ FundingGrp., L.C. v. EDS Field Servs., 879 F. Supp. 2d 1320 (M.D. Fla. 2012)
Rule 12. Defenses and Objections: When and How Presented; Motionfor Judgmenton the
Pleadings;ConsolidatingMotions; Waiving Defenses; Pretrial Hearing. (n.d.). Retrieved
February 20, 2015, from https://www.law.cornell.edu/rules/frcp/rule_12
Sparrow v. Demonico & another,461 Mass.322 (2012)
Startech, In. v. VSA ARTS, 126 F.Supp. 2d 234 (S.D. N.Y. 2000)
United States v. Williams, 428 F. App'x 134 (3d Cir. 2011)

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