Tag: Resume Services

Prepare a
list of each of the relevant authorities. Note that not all authorities will be
relevant. Include only those that help you to determine the law involved in
your case. For your list, include the name of the authority. If the authority
is a case, list the holding or summary statement of the significance of the authority.
Note the complete citation. It is also helpful to list whether the authority is
a primary binding, primary persuasive, or secondary authority.

Subsequent
to the research, however, the attorney must be the person who renders the legal
opinions that need to be made, the reason being that a paralegal cannot provide
legal advice.
The
prosecutor will attempt to within the course of the trial persuade you that the
defendant committed the crime.

Read Seymour
v. Armstrong, 64 P. 612 (Kan. 1901), reprinted in Chapter 6 (Case Briefing and
Analysis) and Osburn v. Addington, 138 P. 603 (Kan. 1914). The two cases
involve similar issues.
a. What are
the similar issues?
b. What is
the subject matter of each case?
c. Draft a
statement of the law combining the holdings or rules from both cases.

Read the
following fact pattern and cases carefully. Draft a paragraph in which you
synthesize the holdings of the cases. The issue that you will address is
provided as well. Remember that proper synthesis requires you to relate the
authority to a common legal theme. The problem’s issue will guide you in
synthesizing the authority.
Facts On
November 29, 2014, Michael Jones purchased a used truck from Grimy’s Auto and
Truck Service. At the time of the purchase, Grimy’s stated that the engine was
completely overhauled and consisted of rebuilt and reconditioned parts, that
all parts were guaranteed, and that invoices for all new parts would be
provided. On December 13, 2015, after using the truck for over one year, Jones
discovered that several engine parts were not rebuilt or reconditioned and that
other engine parts were defective. These defects caused the truck to break
down, resulting in lost wages and lost profits for Jones. Jones made repairs to
the truck on December 13, 2015, December 16, 2015, and December 31, 2015. Jones
did not attempt to return the truck and did not notify Grimy’s that the truck
was defective. The truck is currently disabled in Columbus, Ohio. Jones wants
to sue Grimy’s for damages for breach of contract. Issue Whether Jones
continued to use the truck for more than a reasonable time after noticing the
defects and failed to properly reject the truck and to notify Grimy’s as to the
defects.
Case A A
buyer of goods must alert the seller as soon as he discovers that the goods are
not as agreed on. A buyer must rescind a sales contract as soon as he discovers
the breach or after he has had a reasonable time for examination. The buyer
waives the right to rescind a contract for the sale of goods by continuing to
use allegedly defective goods for more than a reasonable time.
Case B To
meet the requirements of an effective rejection, the buyer must reject the
goods within a reasonable time and reasonably notify the seller.

Write an
IRAC paragraph based on the following facts, issue, and statutes.
Facts
Ms. Jones
was waiting to get off the commuter train in the train’s vestibule. The
commuter train pulled into the station and Ms. Jones descended the stairs to
disembark from the train. The conductor exited the train first to watch the
passengers exit the train and then signal to close the doors and for the train
to start rolling. Ms. Jones was carrying her briefcase which had a long strap.
As Ms. Jones exited the train the briefcase strap was behind her. The train
doors shut with Ms. Jones on the platform but with the briefcase strap still
inside the door. The train dragged Ms. Jones about 10 feet and she suffered a
broken shoulder. The issue you have to consider is whether the conductor’s
negligence by signaling for the train to start was the proximate cause of Ms.
Jones’s broken shoulder. The issue that you should focus on is whether the
conductor’s failure to see that Ms. Jones’s briefcase strap, was inside the
door as he signaled for the train to start moving, is the proximate cause of
her broken shoulder. Statutes: Chapter 131 Nowhere Revised Code §12 (2014). An
operator of a common carrier must perform regular inspections of all components
of the common carrier. Failure to do so constitutes negligence. The failure to
perform inspections and the resulting negligence will be considered the
proximate cause of all injuries occurring aboard a common carrier. Chapter 131
Nowhere Revised Code §14 (2014). It is the duty of an operator of a common
carrier to exercise additional care when dangers are foreseeable.

Write an
IRAC paragraph based on the following facts, issue, and cases.
Facts Ms.
Jones was waiting to get off the commuter train in the train’s vestibule. The
commuter train pulled into the station and Ms. Jones descended the stairs to
disembark from the train. The conductor exited the train first to watch the
passengers exit the train and then signal to close the doors and for the train
to start rolling. Ms. Jones was carrying her briefcase, which had a long strap.
As Ms. Jones exited the train the briefcase strap was behind her. The train
doors shut with Ms. Jones on the platform but with the briefcase strap still
inside the door. The train dragged Ms. Jones about 10 feet and she suffered a
broken shoulder. The issue you have to consider is whether the conductor’s
negligence by signaling for the train to start was the proximate cause of Ms.
Jones’s broken shoulder. The issue that you should focus your case synthesis on
is whether the conductor’s failure to see that Ms. Jones’s briefcase strap was
inside the door as he signaled for the train to start moving is the proximate
cause of her broken shoulder. Read the two cases: Smithers v. Atlantic City
Railroad, 12 Nowhere 2d 5 (2014). Mr. John Smith was injured on the Atlantic
City Railroad when the train lurched with great violence as it rounded a curve
on the track. The train was overcrowded. Smith was injured without fault on his
part. The motorman drove the overcrowded car too fast around the curve, so as
to cause it to give a severe lurch. Where a passenger train is overcrowded and
the employees operating the train know of such condition, it is their duty to
exercise additional care commensurate with the dangers. The motorman knew of
the overcrowded conditions and failed to exercise additional care when rounding
the curve. Mr. Smith was injured when the train lurched as it rounded the curve
because he fell onto another passenger. The motorman’s failure to exercise the
requisite care was the proximate cause of Mr. Smith’s injuries. Blue v.
Boardwalk Railroad, 15 Nowhere 2d 9 (2000). Mr. Robert Blue was blinded by a
sudden gust of steam and fell underneath the train he was in the process of
boarding at the station; Mr. Blue’s arm was severed by the train as it started
to leave the station. Regular inspection of couplings is a required duty of
conductors. Failure to inspect the couplings for leaks is a negligent act on
the part of the defendant. Railroad’s allowing steam to escape was the
proximate cause of Mr. Blue’s injury, since a man of ordinary prudence could
have foreseen that escaping steam would result from leaks in the uninspected
couplings. The consequence of the escaping steam, due to the railroad’s failure
to inspect the couplings, resulted in a foreseeable injury to a passenger or
person waiting on the platform.

You are
responsible for mailing interrogatories to the plaintiff’s lawyer, Joanna Mark,
at the Law Office of Joanna Mark, 25 E. Randolph Street, Chicago, Illinois
60611. You complete the interrogatories on October 30 of this year at 11 P.M.
What date should you put on the letter, and what date will the letter be
mailed? Draft this letter. Your secretary, Carly Alice Connelly, will be typing
the letter, and a carbon copy should be sent to the partner, Alicia Coffield.

Prepare a
letter to Attorney Gene Williams of the Law Office of Gene Williams, 20 E.
Washington Street, Chicago, Illinois 60611. You want to tell Mr. Williams that
you are sending him a copy of a real estate contract between your clients,
Laura and James Hirsh, and his clients, Michelle and Jordan Bream, for the
purchase of 2629 Canterbury Lane, Northbrook, Illinois 60062. You also are
including a $41,000 certified check for the escrow for the property. This
represents 10 percent of the purchase price. The closing is tentatively set for
April 1 of this year. The letter is being hand-delivered by a messenger from
your law firm. The letter is being typed by your secretary, Carly Alice
Connelly. A blind copy is being sent to the partner on the case, Wally Taylor.

You are
assigned the preparation of a letter that explains the status of a pending
insurance defense litigation matter. The matter is set for trial on November 15
of this year. Two depositions have been taken—the plaintiff’s and the
defendant’s. Interrogatories have been answered by both sides and a settlement
conference is scheduled with the judge in the case on October 31. The judge is
Eve G. Halsey of Ohio Common Pleas Court in Columbus, Ohio. You expect that a
representative of the restaurant where the incident took place will attend the
settlement conference and that an insurance company representative also will
attend as required by the local court rules. Your firm will be calling several
witnesses from the restaurant to testify at the trial and you and the partner
on the case, Wally Taylor, will be preparing these witnesses to testify
beginning in October. Send this letter to your client, Schroeder Insurance
Enterprise, 250 W. Wilson Street, Hinsdale, IL 60521. The person you deal with
at the insurance company is Thomas Kennedy, a claims manager. You are sending
this letter via Express Mail. The letter is being typed by Taylor’s secretary
Jan Marie Maggio. She will send a blind copy of the letter to an associate on
the case, Janis Farrell. She also will send a carbon copy of the letter to Mr.
Taylor.

Your firm
has just settled a case involving Karen Douglas and your client, the Wentworth
Industries, in Morristown, New Jersey. The case was settled for $88,000. The
Wentworth corporation paid Douglas for injuries she sustained when she fell at
a Mexican hotel. You do not want to admit any liability in your letter or admit
any ownership interest in the Mexican hotel, the CanCan. You merely want to
tender the check to Douglas in full satisfaction of any claims she or her
husband have against Wentworth. You also have the signed settlement agreement
to send her and the court dismissal of the action.