Solution Manual For The Litigation Paralegal: A Systems Approach, 6th Edition

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’s Manualto AccompanyThe Litigation Paralegal:A Systems ApproachSixth EditionJAMESW.H.MCCORDPAMELAR.TEPPERSOLUTION MANUAL

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ivCONTENTSIntroductionvChapter 1Welcome to the Law Office: Foundations for Litigation1Chapter 2The Initial Interview24Chapter 3Evidence and Investigation47Chapter 4Drafting the Complaint82Chapter 5Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment101Chapter 6Defending and Testing the Lawsuit: Motions, Answers, andOther Responsive Pleadings118Chapter 7Discovery and Electronic Discovery: Overview and Interrogatories142Chapter 8Discovery: Depositions164Chapter 9Discovery: Document Production and Control, Medical Exams, Admissions,and Compelling Discovery185Chapter 10Settlement and Other Alternative Dispute Resolutions210Chapter 11Trial Preparation and Trial229Chapter 12Post-Trial Practice from Motions to Appeal251

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vINTRODUCTIONA COURSE PLANThis’s Manual is a resource of teaching ideas and materials to accompanyThe Litigation Para-legal: A Systems Approach, Sixth Edition, by James W. H. McCord and Pamela R. Tepper. The text and’s Manual form an integrated but flexible course plan consisting of substantive text, study aids,exercises in paralegal skills (competencies), classroom activities, Internet exercises, case assignments,discussion points, review questions, systems and application assignments,a test bank, and answer keysto both assignments and tests.The approach of the text places the student in a law office setting where the instructor assumes the roleof the paralegals’ supervising attorney. This office training procedure uses a systems approach in whichthe student incrementally develops a litigation systems folder, complete with forms, documents, check-lists, rules, and practice tips. The system is complete at the end of the course and should provide studentswith a valuable resource as they embark on their careers, and can be used as a job reference manual.The integrated materials are designed to give the instructor maximum flexibility in determining thecourse objectives and choosing the assignments and exercises most compatible with those objectives andthe time available.THE SYSTEMS FOLDERA systems folder is a detailed procedural manual providing direction, forms, and checklists for tasks regu-larly performed by a paralegal. As a resource for the paralegal, it provides obvious advantages in efficien-cy, uniformity, accuracy, and quality. It also can be regularly updated.Use of the systems folder has proven valuable in both teaching and learning litigation paralegal skills.Because a good systems folder helps the student on the job, and perhaps in securing a job, the systemsfolder provides an extra incentive to do the assignments thoroughly and accurately. It helps the studentlearn the benefits of being organized and develop the confidence to create a system in any area of law.Utilization of the systems approach also reinforces the skills presented in the text.Although this approach can be useful to both the instructor and the students, it is not necessary to theproductive use of the text and the’s Manual. The key is flexibility; use a process with whichyou are comfortable.Appendix A at the end of the text provides an outline of the contents of a completed systems folder.ASSESSMENTThe following features of the integrated course plan can be used as assessment tools:1. A broad chapter objective2. The completed systems folder as a course portfolio3. A collection of selected end-of-chapter assignments and exercises as a course portfolio4. .Internet Exercises and Apply Your Knowledge exercises throughout the chapters5. Tests compiled from the’s Manual Test Bank as pre- and post-tests6. Selected Test Bank questions incorporated into an overall program exit assessment examTHE TEXTThe Litigation Paralegal: A Systems Approach, Sixth Editionintroduces students to the law office andtakes them chronologically through the steps and tasks involved in litigation, from fact situations of casesthey will be working on to judgment enforcement and appeal. Chapter by chapter, students build profi-ciency in the specific tasks or competencies required of them as paralegals.

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viIntroductionIn each chapter the student is given the following:1. One or more specific litigation tasks2. Substantive and procedural background on the task3. Guidelines and directions on how to perform the task4. Examples from a sample case on how to perform the task5. Key terms and definitions6. Internet Exercises and Apply Your Knowledge Law exercises to build computer skills7. Ethical Considerations to offer guidance on the distinction between the role of the attorney and para-legal8. Trade Secrets to assist paralegals in their day-to-day job assignments9. Practical systems and application assignments to test understanding of the legal concepts discussedwithin the text10. Drafting exercises to introduce students to the types of legal documents they will prepare on the jobTHE’S MANUALFor each chapter, this manual provides the following:1. Chapter objective2. Suggestions for instructional supplements3. Suggestions for class activities4. Suggested answers to the text questions and assignments5. Suggested answers to the additional MindTap questions and assignments and practice tests.6. Test Bank and Test Bank Answer KeyMOCK TRIALThis activity captures student interest and heightens motivation toward the conclusion of the course whenthe attention of some students begins to wane.Many of the assignments in the textmay be used as building blocks for the mock trial. Any of theChapter 1 cases can be used, or another case that you might choose. If theForresterorAmechecase isused, there are numerous assignments throughout the text that are particularly appropriate for dividing theclass into teams representing the plaintiff(s) or defendant(s). The trial can be held over two to three classperiods or at a longer special evening or weekend session. This session might be held in a local courtroomto lend an aura of reality. The instructor, a local attorney, or a judge can serve as trial judge. (It is best toask someone else to serve as judge so you are free to evaluate each student’s work.) Background infor-mation, pleadings, depositions, and other materials will have been accumulated by the end of the courseto provide the gist for the trial.ProcedureDivide the class into legal teams for the plaintiff and defendant. Each team can have as many as six orseven members responsible for various aspects of the case, such as opening, direct examination of witnessA, cross-examination of defendant’s witness C, closing, and so forth. When not actually playing the law-yer’s role, students can serve as supporting paralegals keeping track of documents and making sugges-tions when needed.Some of the class will be assigned to be key witnesses for each side. Although the witnesses may havethe benefit of material covered previously in the text and chapterassignments, all witnesses will needsome general parameters for their testimony. To keep workloads as even as possible, witnesses also couldbe assigned some of the trial preparation tasks to ease the burden of the legal teams. Remaining studentscan be assigned as jurors. Students from outside class can be used as jurors if you have a small class.(Students from an Introduction to Law class make good jurors. This is a valuable learning experience forthem, too.) If the class is particularly large, you could have two juries.

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IntroductionviiEach juror is responsible for a critique of his or her jury’s decision process and why the jury decidedthe way it did. Several students could be asked to read their critiques as a concluding activity focusing onjury dynamics. For those schools so equipped, a closed-circuit video may be arranged so the student legalteams and witnesses can watch the deliberation process.The following witnesses could be used for theForrestercase:*Ms. ForresterMr. HartMr. or Ms. _________, officer at Mercury ParcelMs. SchnabelMs. Forrester’s physician(s)First police officer on scenePhysician for Mercury ParcelMechanic at Mercury ParcelMr. ForresterFor theAmechecase:*Mr. and Ms. AmecheMr. and Ms. CongdenRobert WarrenElectrical expert (saying fire is possible if conditions were right; it is possible that moving the ex-tension cord may or may not have increased the likelihood of fire)Physician for Mr. AmechePhysician for CongdensFirst police officer or firefighter on the sceneThe time for opening arguments, direct examination and cross-examination, and other matters willhave to be calculated and strictly enforced. The maximum time for jury deliberation will have to be de-termined according to how much class time remains.The jury also should be given guidelines, such as the following: choose a foreperson; discuss the mostcritical aspects of evidence, the plaintiff’s burden of proof, whether all elements are proved to their satis-faction, and whether the defendant is negligent and, if so, how much in damages should be awarded.CritiquingThis class project can be assessed in several ways. Evaluation can be on the basis of a written analysis byeach student of his or her role or task and what the student learned overall from the experience. Anothermethod is based on the individual performance of each student’s assigned task.Further SuggestionsOpening and closing arguments should be kept brief, possibly no more than five minutes for each side.Most of the time should be allotted to witness testimony through direct examination and cross-examination. Judges should deal with objections quickly, giving some latitude to questions and evidenceto speed the trial along. Demonstrative evidence can be permitted but needs to be approved ahead of timeby the instructor to see that common sense applies and that such evidence does not impair the speed and*A small team of students could be assigned early in the course the task of drafting the witness background information sheetsso that the case is close but slightly tilted in one direction. They could be told to draft it both ways so that you have the choiceand can prevent leaks on which direction the testimony will lean. This is a valuable assignment because it forces the students tofocus on elements and needed evidence to support those elements.

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viiiIntroductionfairness of the trial. Some instructions may be read to the jury by the judge, but they should be kept briefand go to the heart of the elements in the case. Unless there is a lot of time, jury deliberation should bekept to thirty minutes. It will be the foreperson’s job to see that a decision is made in that time.STUDENT FAIRFellow educator Faith O’Reilly has developed a student fair that provides another focus to the course. Atthe end of the litigation course, the students display their systems folders to a team of judges and lawyers.Based on some criteria established by the instructor, the judges evaluate the systems folders and ask thestudents questions. They decide on several top places and some honorable mentions. This provides anextra incentive for each student to be conscientious in the preparation of the systems folder, especiallynear the end of the course. A further benefit is getting prospective employers to see and appreciate theability of the students and the quality of their instruction.ASSIGNMENTS AND GRADINGIf this text is to be covered in one semester, it is not realistic to expect students to complete all the as-signments provided in each chapter.The purpose of some assignments is simply to provide more practicefor those who need it in an area that has already been covered; others repeat an area, but from a differentangle. Many assignments are flexible, allowing you to insert material, forms, or cases from your own ex-perience or additional student research.Select the assignments that best fit the needs of your students andyour time frame.When deciding what assignments are appropriate for your course, consider checking theanswer or comment provided in the’s Manual prior to making the assignment to confirm that itis consistent with your objectives and whether added information, such as state practice, is needed.The chapter exercises require the student to prepare a variety of documents. Every student ought to beable to do many of these assignments accurately and completely, leaving little if any differentiation be-tween a grade of A and a grade of C on the assignment. In such instances, it is the drafting and familiaritywith the documents that are paramount. Therefore, you may wish to consider using S (satisfactory) or U(unsatisfactory—to be redone) as a more practical system for grading such assignments. It might be addedthat eventually all such assignments must be completed satisfactorily to receive a passing grade in thecourse. This procedure will avoid the problem of watering down your A, which should be reserved forthose assignments in which the difference in student learning or abilities will be more apparent and meas-urable.James W. H. McCordPamela R. Tepper

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1CHAPTER1:WELCOME TO THELAWOFFICE:FOUNDATIONS FORLITIGATIONCHAPTER OBJECTIVES•Understand the role of the paralegal in the law office•Recognize the importance of law office procedures in the practice of law•Explain the ethical obligations of the paralegal in the legal arena•Distinguish between the federal and state court systems•Identify the different types of jurisdiction and in which court cases should be filedThe purpose of this chapter is to give students the feeling that they are starting work in a law office. Thefirst section provides case “stories” that demonstrate the kinds of events that may lead to litigation.The stories give the necessary factual settings for many of the assignments and examples in the text, andbring them to life.The Paralegal Handbook section is “the firm’s” introduction to the office, its personnel, the role of theparalegal, important procedures, professional ethics, and professional development. It also introduces thesystems approach. The section following the handbook provides an introduction to (or review of) courtstructure, jurisdiction, and venue.PREPARING FOR CLASS: INSTRUCTIONAL SUPPLEMENTS1.Preview the chapter questions and assignments.2.Re: Case V. Note that sexual harassment under Title VII of the 1964 Civil Rights Act can be basedon qualitative and quantitative differences in offensive conduct toward female and male employees,and does not have to be lewd or sexual in nature [Christopher v. National Education Ass'n. No. 04-35029 (9th Cir. 2005, Sept. 2)].3.Have on hand the following information:•A diagram of your state court structure and a detailed description of the jurisdiction of eachcourt•Names, addresses, and phone numbers of the clerk of court for the federal district court in yourstate and for any appropriate state courts•A list of local paralegal associations, noting officers, addresses, and phone numbers•Any provisions of your state’s code of professional responsibility or rules of court thatcomplement the chapter material on ethics for paralegals•Pertinent Web sitesSUGGESTED CLASS ACTIVITIES1.Have a carefully chosen attorney or paralegal law office manager speak to the class about the typicalstructure and procedures of the law office.2.Invite a local judge to lecture on the state and federal courts and their jurisdictions.3.Have officers of local, state, or national paralegal associations speak to the class about theirassociations, the importance of professional ethics, and personal professional development.

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2Chapter 1:Welcome to the Law Office: Foundations for LitigationSUGGESTED ANSWERS TO THE TEXT QUESTIONS AND ASSIGNMENTSQUESTIONS FOR STUDY AND REVIEWQuestions for study and review test the student's understanding of the chapter. Strongly encouragestudents to use these questions in the text as a study guide at the completion of each chapter. If studentscan answer these questions, they should do well on an exam. You may choose to draw some of your examquestions from this list. Answers for these questions are provided here.1.Defineparalegal.Answer:Aparalegalassistsattorneysinpreparingclientcases.Thisincludesassistingininterviews, investigation, document preparation, pre- and post-trial activities, trial and settlement,and any other activities permitted by statute or case law.2.Why is a paralegal valuable to a law firm? Identify significant legal authority on billing forparalegal time.Answer:Paralegals can perform a multitude of tasks more economically for the client. Thisincludespreparingletters,preparingdocuments,andinvestigativefunctionswhennecessary.Missouri v. Jenkinsis the U.S. Supreme Court case that recognized that a paralegal’s time can bebilled as a fee and awarded by the court in assessing attorney’s fees.3.Why are timekeeping and deadline control important?Answer:Timekeeping is critical to billing. Deadline control is key in assignments, especially thosedealing directly with a court.4.What are some ethical concerns regarding timekeeping and billing?Answer:Paralegals cannot set fees for a client and cannot split fees with an attorney. The paralegalcannot perform tasks that are considered the unauthorized practice of law.5.What is a litigation system and why is it beneficial?Answer:A litigation system is a detailed procedure manual that is a chronological collection of theguidelines, forms, correspondences, checklists, procedures, and pertinent law for all steps of thelitigation process. As a personal resource, it provides advantages in efficiency, uniformity, accuracy,and quality. It will help you learn the benefits of being organized and can be easily updated.6.Defineprofessional ethicsin the context of the practice of law.Answer:Professional ethics,as applied to attorneys, refers to the rules of conduct that govern thepractice of law.7.Why are professional ethics so important to a law firm?Answer:A breach of ethical standards will reflect badly upon the firm or employer and may alsolead to the disbarment of an attorney. It may cost a paralegal his or her job and subject the paralegalto prosecution for the unauthorized practice of law.8.What are the things a paralegal may not do?Answer:Paralegalsmay notperform any of the following functions:a.Provide legal services directly to the public without the supervision of an attorney. More statesand the federal system are permitting paralegals to represent the public in limited controlledsettings, such as landlord/tenant matters, immigration, and Social Security cases.b.Give legal advice or counsel a client. Legal adviceis independent professional judgment basedon knowledge of the law and given for the benefit of a particular client.

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Chapter 1: Welcome to the Law Office: Foundations for Litigation3c.Represent a client in court or other tribunal or otherwise act as an advocate for a client unlessspecifically permitted to do so by law or rule of court. (See previous answer part a for furtherclarification.)d.Accept or reject cases for the firm.e.Set any fee for representation of a client.f.Split legal fees with an attorney (bonuses and profit-sharing plans not tied to a specific case arepermissible).g.Be a partner with a lawyer if any of the activities of the partnership include the practice of law[exception: the District of Columbia Ethics Rule 5.4(b)]. The American Bar Associationrejected a proposal to relax the prohibition against fee sharing and multidisciplinary practice.h.Solicit cases for a lawyer.i.Perform tasks that are the unauthorized practice of law as defined in the pertinent state.9.What are the seven criteria that assure a paralegal’s actions will not be or cause a breach of ethics?Answer:1.The task must be delegated by an attorney.2.It must be performed under an attorney’s supervision.3.Paralegals must clearly designate their status as a paralegal.4.The lawyer must retain a direct relationship with the client (the attorney must retain control overthe relationship).5.The task must involve information gathering or be ministerial and cannot involve the renderingof legal advice or judgment (unless the legal advice or judgment is provided by the paralegaldirectly to the attorney).6.The work must be given final approval or be examined by the attorney.7.The work must not have a separate identity but merge with the attorney’s final work product.10.What is a conflict of interest and the rationale for the relevant ethical standards?Answer:A paralegal should avoid and reveal any conflicts of interest. This requirement rests on therationale that citizens must have faith in the legal system to seek the peaceful resolution of theirdisputes. Because conflicts of interest can dilute an attorney’s allegiance to the client and damageindependentprofessionaljudgment,theyarebarredbytheModelRulesofProfessionalResponsibility. A paralegal must also be loyal to the client and avoid such conflicts.11.What is meant by the termprofessional loyaltyas applied to your fellow workers? The client? Thepractice of law?Answer:In professional working relationships, mutual respect and loyalty between employer andemployees is especially important. Publicly criticizing one’s fellow workers or one’s clients, whodeserve the utmost courtesy, respect, and a legal professional's every effort to preserve their dignity,is not consistent with professional loyalty. Relationships with clients must always be kept on aprofessional level. If a relationship becomes too personal, it threatens objectivity, confidentiality,and one’s loyalty to the firm.Professional loyalty to the firm extends to the practice of law, which supersedes loyalty to anyspecific individual. Attorneys are directed to call attention to the unethical practices of otherattorneys, or, in some instances, of the illegal conduct of their own clients to avoid assisting in fraudor crime.12.What are the characteristics of the common components of court systems in the United States?Answer:The federal and state court systems have at least two types of courts in common: the trialcourt and the appellate court.

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4Chapter 1:Welcome to the Law Office: Foundations for Litigation13.What is jurisdiction? Define the various kinds of jurisdiction: geographical, personal, general, andso on.Answer:Jurisdictionis the power or authority of a court to hear and decide the questions of law orfact (or both) presented by a lawsuit. Most courts havegeographical jurisdiction, meaning that theyhear cases that arise within specific geographical boundaries.The court also haspersonal(in personam)jurisdiction. This means the court must have thepower over the particular person named in the lawsuit to enter a judgment against that person.In rem (property) jurisdictionis the authority of the court to attach (seize) property (real estate,jewelry, bank deposits, or other property) within its geographical jurisdiction to resolve claims tothe property.Quasi in rem jurisdictionis the authority of a court to seize and use property (withinits jurisdiction) of a defendant over whom it does not have personal jurisdiction to pay a judgmentagainst the defendant entered in an action indirectly related or unrelated to the property. If a courthasgeneral jurisdiction,it can hear all types of cases. Most states have trial courts of generaljurisdiction in which subject matter jurisdiction is assumed unless one party can demonstrate thatthe court does not have the necessary subject matter jurisdiction.Original jurisdictionindicates that cases first enter the system at this court level— they“originate” here. Most trial courts are courts of original jurisdiction.A court haslimited jurisdictionif its authority to hear and decide cases is limited to specifictypes of cases. Limited jurisdiction becomesexclusive jurisdictionif a court is the only courtpermitted to handle a specific type of case.14.What are the personal jurisdictional considerations regarding a defendant when the Internet isinvolved?Answer:Refer toZippo Mfg. Co. v. Zippo Dot Com, Inc.,952 F. Supp. 1119 (W.D. Pa. 1997). TheZippocase created a new test that focused on Internet cases—a sliding-scale test based on thequality and nature of the Internet activity. Was the defendant actively doing business through theInternet or was the defendant simply posting information (which the court referred to as “passive”)?Where the activity is passive, the court will not assert jurisdiction. The test must be applied on acase-by-case basis by examining the level and nature of the activity of the Internet businessinvolved. Although theZippoanalysis has been adopted by the majority of federal courts, there is nocommonly accepted test for Internet cases.15.What three things must a court have in order to hear a case and bind a party to the court’s decision?Be able to apply these concepts to determine what court or courts can hear a lawsuit depending ondomiciles of the parties and other factors.Answer:A court must have subject matter jurisdiction and venue. Of the courts that have bothsubject matter jurisdiction and venue, it must be determined which, if any, of these courts havepersonal jurisdiction (or in the case of property such as real estate, which has in remjurisdictionover the property). To gain personal jurisdiction over the defendant, the defendant must be servedwith a summons and complaint.SYSTEMS FOLDER ASSIGNMENTS1.Set up a three-ring binder or electronic equivalent with the tab dividers arranged as described in thelitigation system section of the text. Copies of the office structure and forms previously discussedshould be placed in the systems folder as indicated in Appendix A. Begin a table of contents foryour systems folder and add any information assigned by your instructor.Answer:This assignment starts the use of the system. If you decide to have the students develop asystems folder, the setting up of the folder needs considerable emphasis now and throughout thecourse. You many choose to have the folder turned in periodically for evaluation. Unannounced andrandom spot checks or turn-ins for a grade might help fight inevitable procrastination.

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Chapter 1: Welcome to the Law Office: Foundations for Litigation52.Lookupyourstate’sethicalrulesthatgovernconfidentiality,conflictofinterest,attorneysupervision of lay persons and legal assistants, professional integrity, and others. Record the rulenumbers in an ethics section of your systems folder. Look up your state’s unauthorized practice oflaw statute; note the wording and the possible penalties. You might want to add this to your folder.As you read further in this text and in other sources, insert in your folder the citations for key ethicalrules and guidelines.Answer:What a paralegal may not do:•Provide legal services directly to the public without the supervision of an attorney.•Give legal advice or counsel a client.•Represent a client in court or act as an advocate.•Accept or reject cases for the firm.•Set any fee for representation of a client.•Split legal fees with an attorney.•Be a partner with a lawyer in practice of law (except in Washington, D.C.).•Solicit cases for a lawyer.Limits to what a paralegal may do:•The task must be delegated by an attorney.•It must be performed under an attorney’s supervision.•Paralegals must clearly designate their status.•The attorney must retain a direct relationship with the client.•The task must involve information gathering or be ministerial and cannot involve the rendering oflegal advice or judgment.•The work must be given final approval by the attorney.•The work must merge with the attorney’s final work product.Also:•A paralegal shall hold inviolate the confidences of a client.•Aparalegalmustmaintainthehigheststandardsofprofessionalintegrityandavoidanydishonesty, fraud, deceit, or misrepresentation.•A paralegal should avoid and reveal any conflicts of interest.•A paralegal must strive to be competent and current in the field.•A paralegal should be loyal to the employer and to the legal profession and its standards.3.Locate the names, addresses, and phone numbers of your local and state paralegal associations. If youneed help obtaining this information, try the director of a local paralegal program or any experiencedparalegal. The headquarters of the state bar association might also have such information. For futurereference, you may choose to place your expanded lists of sources for professional development in yoursystems folder.Answer:You may choose to provide these as a handout. If placed in the systems folder, they willprovide a handy future resource.State ParalegalLocal ParalegalAssociationAssociationName:Name:Address:Address:Phone:Phone:

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6Chapter 1:Welcome to the Law Office: Foundations for LitigationE-mail:E-mail:Web site:Web site:Contact Person:Contact Person:Meeting Dates andMeeting Dates andTimes:Times:4.Make a copy of the federal court structure diagram found in this chapter and add any explanatorynotes you feel will be useful to you in the future. Include in your diagram the names of U.S. districtcourts that sit in your state and the U.S. Court of Appeals that covers the circuit in which your stateis situated.Make a similar explanatory diagram for the court system of your state. Research the material tobe placed in the diagram, including any jurisdictional amounts, by looking under courts, judiciary,and jurisdiction in the index of your state statutes or constitution, usually located in the law library,or search your State Court Web site. Some states have an administrative office of the courts at thecapitol that may provide preprinted state court diagrams.Place both diagrams and the State Court Web site address in the court section of your litigationsystems folder.Answer:You may decide to provide the state court diagram addressed in this assignment. If so,include the jurisdiction of each court.5.Consult the state’s legal directory in the library or online sites to obtain all court addresses, names ofclerks of court, important telephone numbers, and so on. Research state statutes for the subjectmatter jurisdiction in your state’s highest, intermediate, and trial courts. Place this data in the courtstructure portion of your systems folder.Answer:You may choose to provide this information, but it would be good for students to locate itso they become familiar with the state legal directory.Federal Court SystemHighest CourtName: U.S. Supreme CourtAddress:Clerk:Phone:Jurisdiction:1.Appeals from U.S. Court of Appeals and highest state courts2.State v. state3.Cases involving ambassadors and other foreign representatives4.U.S. v. state5.State v. citizens of another state or countryIntermediate Appellate CourtAddress:Name: U.S. Court of AppealsClerk:Jurisdiction: Appeals from district courtsPhone:Trial CourtsAddress:Name: U.S. District CourtsClerk:

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Chapter 1: Welcome to the Law Office: Foundations for Litigation7Jurisdiction:1.Federal questionsPhone:2.Diversity of citizenship3.$75,000 amount in controversyState Court SystemHighest CourtAddress:Name:Clerk:Jurisdiction:Phone:Intermediate Appellate CourtAddress:Name:Clerk:Jurisdiction:Phone:Trial CourtsAddress:Name:Clerk:Jurisdiction:PhoneAPPLICATION ASSIGNMENTS1.Using the ethical standards and rules cited in this section, answer the following questions on ethics.a.You have just researched an issue and have found that inattentive driving is a breach of the dutyof care that a driver owes to others. In a phone conversation the client asks you, “If the driver ofthe vehicle that struck was inattentive, is he in the wrong?” How should you answer?Answer:“I’ll ask [attorney] and get back to you,” or “In response to your question, [attorney]says ‘yes, the driver would be in the wrong.’”b.Ms. Pearlman asks you to draft a release of medical information form for a client. This form isthen signed by the client and given to the hospital. Under what conditions can you do this andavoid the unauthorized practice of law?Answer:The task must be delegated by an attorney; the attorney will have to review it foraccuracy; the paralegal will have to identify himself or herself as a paralegal in any dealingswith the client; and the attorney will have to maintain control over the client’s case. This taskmust not involve the giving of any legal advice, and must merge with the overall final workproduct of the attorney on behalf of the client.c.You are working on a client’s case for Ms. Pearlman. She is gone, so you want to consult withMr. White, another attorney in the firm. To do so, however, you must reveal to Mr. White someconfidential information about the client. Would this be a breach of confidentiality?Answer:No. the authorization for this disclosure is implied under Rule 1.6(a).2.You are a paralegal working for an attorney who has represented Safe Bet Insurance Company. Apotential client wants to sue Safe Bet. Is there a potential conflict of interest, and if so, may yourattorney represent the new client?Answer:The ABA Standing Committee on Ethics and Professional Responsibility Formal Opinion05–435 (Dec. 8, 2004) says that if the former client and potential client are informed and bothconsent, representation of the latter is okay. The opinion adds, however, that this practice is likely tolead to distrust.3.In interviewing a client, you and your attorney are convinced that some information provided by theclient is false. What consequences can result from the presentation of such information to the court?What model rule of professional conduct applies?Answer:The finding that the lawyer is in a serious ethical breach as defined in Rule 3.3(4) could lead todisbarment. The paralegal could be removed from membership in local or national paralegal associations.

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8Chapter 1:Welcome to the Law Office: Foundations for Litigation4.Determine in which courts subject matter jurisdiction, personal jurisdiction, and venue exist in thefollowing problems.a.M, a resident of Wisconsin, and O, a resident of Minnesota, sue Corporations X and Y forindustrial injuries amounting to $40,000 for each plaintiff resulting from an accident thatoccurred in Illinois. X is incorporated in Delaware and Ohio, and Y is incorporated in NorthCarolina with its principal place of business in Ohio.Answer:There is not federal jurisdiction because the plaintiffs cannot aggregate the claims tomake the jurisdictional amount. All states mentioned have general jurisdiction. State venueexists in at least Delaware and Ohio for X, in North Carolina and Ohio for Y, and in Illinois forboth X and Y because that is where the action arose. Personal jurisdiction, however, can begained only in Ohio over both defendants. The action must be brought in Ohio state court or astwo separate actions in any of their resident states.b.J and K reside in Oregon and sue R, who resides in Kentucky, and S, who resides inWashington, for a tort (libel) amounting to injuries exceeding $75,000 each, which occurred inWashington.Answer:All state and federal courts have subject matter jurisdiction (there is diversity). Venuerests in state courts in Kentucky (for R) and in Washington (for S), and in Washington, wherethe claim arose.Federal venue for a diversity action against R exists in the district in Kentucky where Rresides. Venue for an action against S exists in Washington, where S resides. Venue for anaction against both R and S exists in Washington, where the substantial event arose. Personaljurisdiction for a state action exists in Kentucky for R only and in Washington for S only.Personal jurisdiction for a federal action exists in Kentucky for R and in Washington for S.Unless Washington has a long-arm statute that reaches tortfeasors, a separate action must bebrought against R and S in both states and in their respective federal districts. If Washington hasan appropriate long-arm statute, both a joint state and federal action can be brought in the stateof Washington.5.Glitter is a corporation that rents expensive jewelry to businesses and individuals. It is incorporatedin Delaware and has its principal place of business in northern Indiana. It is licensed to do businessin every state except Alaska and Hawaii. Flick, Inc., is a movie company incorporated in Idaho withits principal place of business in Utah. It does no business to speak of in any other state.During Flick’s filming in Nevada, an expensive necklace rented from Glitter falls into a piece ofmachinery on the set and is destroyed. Glitter wants to sue Flick for negligently destroying thejewelry (worth $700,000). Flick decides to sue Glitter, blaming the loss of a week’s filming on theloss of the necklace, which they claim was caused by a faulty clasp made by Glitter. After using thecharting method described in this section, answer the following questions:Charting method applied to the case:GLITTER V. FLICK FOR NECKLACESubj.Pers.CourtMatterJuris.VenueJuris.Delaware StateYesNoNoIndiana StateYesNoNoIdaho StateYesYesYesUtah StateYesYesYes

Solution Manual For The Litigation Paralegal: A Systems Approach, 6th Edition - Page 16 preview image

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Chapter 1: Welcome to the Law Office: Foundations for Litigation9Nevada StateYes(diversity)Yes?*DelawareYes(diversity)NoNoFederalIndiana FederalYes(diversity)NoNoIdaho FederalYes(diversity)YesYesUtah FederalYes(diversity)YesYesNevada FederalYes(diversity)Yes?**ISSUE: Is filming a movie in a state a sufficient contact to allow personal service? (May depend onstate statutes and overall degree of contacts.)FLICK V. GLITTER FOR LOSS OF WEEK OF FILMINGSubj.Pers.CourtMatterJuris.VenueJuris.Delaware StateYesYesYesIndiana StateYesYesYesIdaho State YesNoNoUtah StateYesNoNoNevada StateYesYes?Delaware FederalYes(diversity)YesYesIndiana FederalYes(diversity)YesYesIdaho FederalYes(diversity)NoNoUtah FederalYes(diversity)NoNoNevada FederalYes(diversity)Yes?a.If Glitter sues Flick, is there subject matter jurisdiction in federal district court?Answer:Yes.b.What, if any, kind of subject matter jurisdiction exists in federal district court?Answer:Diversity.c.What issue concerning personal jurisdiction exists when considering suit by Glitter against Flickin Nevada state and federal court?Answer:Whether the state has a long-arm statute that will permit personal jurisdiction on Flickfor having filmed one movie in Nevada, where the action arose.d.Aside from Nevada, in what state and federal courts can Glitter sue Flick?Answer:State courts: Idaho and Utah. Federal courts: District of Idaho and District of Utah.e.If Flick sues Glitter, does venue exist in the state courts of Idaho and Utah? Why or why not?Answer:No. State court venue normally rests in the state of the defendant and where the actionarose.

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