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Paralegal Today The Legal Team At Work 7th Edition Roger LeRoy Miller Mary Meinzinger - Solutions

1. Explain the difference between real property and personal property. What is a fee simple? List and define the other ways in which ownership rights in property can be held.
2. Do an Internet search to locate your state or local paralegal association. Contact it to find an intellectual property law paralegal to interview. Learn about her educational background and work history, how she got her job, and what her day-to-day work entails.Prepare a three- to five-
1. Go to the list of contract provisions found on the Ask the Lawyer website at vlany.org/askthelawyer.info/what-are-some-key-contract-provisions/.a. How many different types of clauses are discussed?Write out a list with a one-sentence explanation of each provision.b. Go to FindLaw’s site on
8. Rosalia, a very experienced paralegal, works in a firm specializing in appellate law practice. She prepares many legal briefs along with her supervising attorney, and sometimes her supervising attorney just reviews, signs, and files the briefs. Recently, it has come to the firm’s attention
7. Based on the material on intellectual property law presented in the chapter, in which of the following situations would a court likely hold Maruta liable for copyright or trademark infringement?a. At the library, Maruta photocopies ten pages from a scholarly journal relating to a topic on which
6. Using the requirements for an offer that were stated in the chapter, draft a simple offer to purchase a used iPad from a classmate. Make sure that the offer is definite and certain. Next, write an explanation (in one or two paragraphs) of how you would communicate the offer to the person, how
5. Joel goes to an expensive restaurant in New York for lunch. He orders the special, pasta with white truffles.The price is not given, and he does not ask the waiter how much it costs. When the bill arrives at the end of the meal, Joel is flabbergasted—he was charged $175 for his entrée. Does a
4. Using the material on contract law presented in this chapter, identify which defenses the defendants in the following hypothetical cases might use in an action for breach of contract:a. Mrs. Martinez, a Spanish-speaking immigrant, buys a washing machine and signs a financing agreement that
3. Using the material on acceptances presented in this chapter, identify which situation below will result in a contract:a. Kelly offers to sell her used algebra textbook to Patrick for $50. He responds, “Maybe—if I have enough money once I get my book refund later this week.”b. Kirk offers
2. Bernie, the sole owner of a small business, has a large piece of used farm equipment for sale. He offers to sell the equipment to Hank for $10,000. Discuss what happens to the offer in the following situations:a. Bernie dies prior to Hank’s acceptance; at the time he accepts, Hank is unaware
1. Using the material on contract law in this chapter, identify which contract below is a bilateral contract and which is a unilateral contract:a. Juanita offers to sell Mier her laptop for $200. Mier agrees and tells her he will meet her in the cafeteria at noon the next day with cash.b. Jonah
6. List the four major forms of intellectual property and describe what intellectual property is. Why is it significant in the law today?
5. What kinds of electronic contracts do the courts enforce? What constitutes an electronic signature, and what makes it valid? What state and federal laws govern electronic signatures and contracts?
4. Describe the remedies that are available when a contract is breached. What is specific performance, and in what circumstances is it available?
3. What is the Uniform Commercial Code (UCC), and to what types of contracts does it apply? How does the UCC affect the common law of contracts? What warranties exist under the UCC?
2. Consideration, a requirement for a valid contract, is defined as something of value. What items, other than money, meet this definition? Explain how consideration distinguishes a contract from a gift.
1. What are the four basic requirements for forming a valid contract? Are there any circumstances in which the court will enforce the parties’ agreement even though it lacks consideration? What defenses can be used against a claim of breach of contract?
5. Carmen buys a television set manufactured by AKI Electronics. She is going on vacation, so she takes the set to her mother’s house for her mother to use.Because the set is defective, it explodes, causing considerable damage to her mother’s house. Carmen’s mother sues AKI for the damage to
4. A law school has an open admissions policy, and because of an antiquated state law, it accepts students with the equivalent of an associate’s degree. Once admitted, students must earn a grade of “C” or better in all courses to stay enrolled. Many students flunk out. Several disgruntled
3. Two middle-school girls labeled a male gym teacher a“perv” and “creeper.” They spread false rumors that he inappropriately touched students and peeked into the girls’ locker room. The girls’ parents shared these falsehoods about the teacher with their friends. The teacher was cleared
2. During the Ebola crisis, hospitals throughout the United States set up protocols for handling Ebola patients, including providing an Ebola checklist for use by emergency room staff. When the first Ebola patient was initially seen at a Texas hospital’s emergency room, he reported a fever and
1. Bob is driving to work for his morning shift at the plant when he encounters strikers who are picketing and blocking the entrance to the factory. Bob cannot afford to lose his job, so he decides to cross the picket line.When he attempts to drive through, the picketers surround his car and begin
5. List and describe the six areas of federal consumer law discussed in the chapter. Do states have consumer protection laws? If so, what level of consumer protection do state laws provide?
4. What is product liability? What are the three legal theories for product liability suits? List and define the affirmative defenses to a product liability suit.
3. List and define the four elements of negligence. Why is the duty of care for professionals different from the duty of an ordinary person? What are the affirmative defenses to a negligence action?
2. Define intentional tort. List the elements of assault, battery, intentional infliction of emotional distress, and defamation. How do intentional torts against persons differ from cyber torts?
1. Define tort. What is the purpose of tort law? What are the main categories of torts, and how do they differ?
3. Review the American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility Formal Opinion 466 at abajournal.com/files/Formal_ Opinion_466_FINAL_04_23_14.pdf.a. What does the ABA conclude that an attorney may ethically do to research jurors’ or potential
2. Locate the First Circuit Court of Appeal’s decision in In re Tsarnaev, 775 F.3d 457 (1st Cir. 2015), available at media.ca1.uscourts.gov/pdf.opinions/14-2362P-01A.pdf. Answer the following questions about the case:a. What is a writ of mandamus? You can look up the definition at
1. Go to the FBI’s YouTube channel at youtube.com/user/fbi. Watch a video clip on a wanted person and provide the following information:a. Who is the suspect, and what crime or crimes has he or she allegedly committed?b. Is a reward being offered?c. What information is the FBI seeking?d. How do
8. During a criminal trial involving child pornography charges, the defendant’s lawyer returned late from the lunch recess. The trial resumed, and the defendant had no lawyer present for seven minutes. During that time, prosecutors introduced incriminating evidence. When the lawyer returned from
7. A women’s clothing boutique posted information on Facebook about a leopard-print dress with hot-pink and lime-green accents that was stolen from the store.The theft was captured on security video. Shortly after the store’s posting, a Facebook selfie of a woman wearing the dress, captioned
6. After answering a few background questions regarding his name and title, a government official took the Fifth Amendment eighty-two times during the course of a hearing on corruption charges. What does taking the Fifth Amendment eighty-two times say about guilt or innocence? Does taking the Fifth
5. The police pick up Larry and take him to the station for questioning in a local murder case. They detain him for three days. After two days of questioning, Larry says, “I want an attorney. You haven’t let me call my attorney.” It is late, and Larry’s attorney does not answer the phone,
4. Mona was laid off from her manufacturing job three years ago. Her unemployment compensation has run out, as has her severance package, and she has few prospects for finding work. Mona learns that a former co-worker has died. She thinks that if she can file a tax return using the co-worker’s
3. Identify the following criminal procedures:a. Ani is charged with the crime of arson. She pleads not guilty and is bound over for trial in the district court.b. Reyna is taken to the police station, searched, photographed, fingerprinted, and allowed to make one telephone call.c. A jury of
2. Using the material presented in the chapter on state of mind, identify the type of homicide (involuntary manslaughter, voluntary manslaughter, first or second degree murder) committed in each of the following situations:a. David, while driving in an intoxicated state, crashes into another car
1. Identify each of the following crimes by its classification(infraction, misdemeanor, felony):a. Jerry refuses to put his trash out at the curb for the weekly trash pickup. Instead, he lets it collect on the side of his garage, where it is an eyesore and attracts rats to the neighborhood. The
7. Explain what happens during sentencing. Describe the different types of penalties and alternatives that exist.What happens during an appeal?
6. List and explain the basic steps involved in criminal procedure from the time a crime is reported to the resolution of the case.
5. Which constitutional amendments provide rights to a person accused of a crime, and what rights are provided?What are Miranda rights, and which amendments provide the basis for Miranda rights?
4. What are cyber crimes? What role has social media played in these crimes? What factors determine whether social media evidence deserves privacy protection?
3. What are the five traditional types of crime? What defenses can be raised against criminal liability?
2. What two elements are required for criminal liability?
1. What are the key differences between civil and criminal law?
4. Do an Internet search for a local civil trial court clerk’s Web page. See if the trial schedule is available online;if not, call the court clerk’s office to obtain a schedule.Go and observe a trial or other evidentiary hearing for two to three hours. Write a two-page summary of what you
3. Do an Internet search for your state’s court rules for civil cases. Look up how many challenges for cause are allowed during voir dire. How many peremptory challenges are permitted?
2. Review bloglawonline.blogspot.com/2010/02/juroruse-of-social-media-state-by.html for your state’s court rules and model jury instructions prohibiting jurors’ use of social media and Internet research. (If no information is listed for your state, select another state for which jury
1. Browse the Jury Research Institute website at juryresearchinstitute.com.a. Write a one-page summary of the services that the company provides.b. Go to “Browse our Experience,” click on “Notable Cases,” and review the verdicts. After doing so, do you think that it is worthwhile to hire a
7. Using Exhibit 12.2 on page 352, draft a subpoena for a friendly witness using the following facts:Simon Kolstad, whose address is 100 Schoolcraft Road, Del Mar, California, is a witness to be subpoenaed in Sumner v. Hayes, a civil lawsuit filed in the U.S.District Court for the Eastern District
6. Indicate what action the appellate court has taken in each hypothetical below (affirmed, modified, or reversed the trial court’s decision or remanded the case for further proceedings):a. A trial court finds for the plaintiff in the amount of $150,000 in a case in which the plaintiff slipped
5. A contractor filed a whistleblower lawsuit against a city in federal court for nonrenewal of her contract as the city’s food drive coordinator. The plaintiff’s co-worker offered opinion testimony (as a lay witness) about the contractor’s contribution to the food drive’s success and
4. Attorney Johnson calls witness Roberta Looper to the stand to testify. When the judge asks Roberta to raise her hand to be sworn in, Roberta refuses, saying that she is an atheist and cannot swear an oath to God on the Bible. Given the material covered in previous chapters on the First
3. During jury selection for a medical malpractice trial, three employees of the insurance company that carried the malpractice insurance for the doctor and hospital being sued were members of the jury pool. Should employees of an insurance company be allowed to serve on the jury? If not, discuss
2. Using the material presented in the chapter, identify the motion that would be filed in each of the following situations:a. A plaintiff’s attorney loses a case, and she believes that her loss is due to prejudicial jury instructions given by the judge.b. The defendant’s key witness died
1. Using the material from this chapter, identify the different phases of a trial (opening statement, direct examination, cross-examination, motion for directed verdict, closing statement, verdict, posttrial motions) in the hypothetical situations below:a. The plaintiff’s attorney asks the
5. What is a writ of execution? What is a judgment creditor?
4. Describe the procedure for filing an appeal. What factors does an attorney consider when deciding whether a case should be appealed? Can the jury decide matters of law?
3. What are the different phases of a trial? List the process steps in attorneys’ questioning of witnesses. What is the difference between direct examination and cross-examination?
2. Describe the juror selection process. What is the difference between a peremptory challenge and a challenge for cause?
1. What role does the paralegal play in pretrial preparation of witnesses, exhibits, and displays for trial? How are the trial notebooks prepared?
2. In an advanced Google search, you can restrict your search to a specific website. This allows you to locate information about witnesses, parties to a lawsuit, attorneys, judges, and so forth on social networking sites such as LinkedIn and Facebook. Go to google.ie/advanced_search. Enter the name
1. BRB Publications is a public-records website. Much of the information at this site would be helpful to a private investigator or a paralegal when investigating a case.Access the site at brbpublications.com/freeresources/pubrecsites.aspx and answer the questions below.a. What important facts are
6. Assume that a witness is being questioned about statements she heard a third party say. Which of the following statements would qualify as exceptions to the hearsay rule? Identify the reason for each exception.a. The third party exclaimed, “Watch out, he’s not stopping at the red light!”b.
5. Kirsten works as an in-house paralegal for a debtcollection agency. She has been given a list of people who have defaulted on their car loans and cannot be located.Kirsten has been told by her supervising attorney to try to locate the debtors. Using the material in the chapter on locating
4. Determine whether each of the following statements is a statement of fact or a statement of opinion, and explain why:a. “I am sure that the driver was drunk because he pulled up next to me at the stoplight, then threw the car into reverse and backed a quarter of a mile down the one-way
3. Paralegal Malik is assigned to do a follow-up interview with a client to get the details about the client’s employment-discrimination claim. Malik is instructed to record the interview so that the attorney, who is involved in a trial with another client, can listen to the interview later. How
2. Using the information in this chapter on questioning skills, identify the following types of questions:a. “Did you go on a cruise in the Bahamas with a woman who was not your wife, Mr. Johnson?”b. “Isn’t it true, Mr. Johnson, that a woman other than your wife accompanied you on a cruise
1. Review the Baranski-Peretto hypothetical case discussed in Chapter 10. Write sample questions that you would ask when interviewing eyewitnesses to the accident.Phrase at least one question in each of the question formats discussed in this chapter.
5. Define and give examples of the following types of evidence: direct evidence, circumstantial evidence, relevant evidence, authenticated evidence, and hearsay.
4. Describe how you would locate a witness. Give five sources you would consult. Which would be the most useful? Which would be the least useful? Explain why.
3. List the various types of witnesses discussed in the chapter.Describe the type of testimony each witness might give. Do any of these categories overlap—that is, could one witness fall into more than one of the categories?Explain.
2. What types of interviews are described in this chapter?What is the purpose of each? What is the paralegal’s role in each interview?
1. What types of questions described in the chapter can be used in an interview? Explain when you would use each type.
2. What is CM/ECF?h. Does the website provide information on tours of the court? Consider taking a tour!
1. What is PACER?
3. Go to the federal courts website at uscourts.gov/about-federal-courts/court-role-and-structure.a. What is the function of the district courts?b. Click on the court locator. How many federal districts are located in your state? Which one are you located in?c. Use the court locator to access your
2. Do an Internet search to locate the following for your state:a. State court rules. Provide the URL of the Web page where the court rules are located.b. Summons and return-of-service forms. Take a screenshot of both of these forms and print them.c. Filing fees for civil lawsuits. Print the Web
1. Locate the complaint in the Viacom International v.YouTube case discussed in the Technology and Today’s Paralegal feature on page 305 by going to dmlp.org/sites/citmedialaw.org/files/2008-04-28-Viacom%20 First%20Amended%20Complaint.pdf. Read the complaint and answer these questions:a. In which
5. Open a saved Word document. Find the properties tab and open it. The document properties contain the document’s metadata. Find and write down the document’s author, creation date, date last revised, and the name of the person who revised it What is one way in which metadata could be used in
4. In an employment discrimination lawsuit, the plaintiff printed over 400 e-mails related to her discrimination claim. Her former employer produced only 120 e-mail messages in response to a discovery request for e-mails between management and human resources. The employer claimed that additional
3. Review Exhibit 10.7, Sample Interrogatories. Draft the first ten questions for a set of interrogatories to be directed to the plaintiff, Sandra Nelson, based on the facts given in Question 1 above. How do the interrogatories for Sandra Nelson differ from those in the sample?
2. Using Exhibit 10.3, A Summons in a Civil Action, on page 284, draft a summons to accompany the complaint against David Namisch. David’s address is 1000 Main Street, Apartment 63, New York, NY 10009. The court clerk’s name is David T. Brown.
1. Assume that you work for attorney Tara Jolans of Adams & Tate, 1000 Town Center, Suite 500, White Tower, Michigan. Jolans has decided to represent Sandra Nelson in her lawsuit against David Namisch.Based on the following information and the material in the chapter, draft a complaint to be filed
6. What pretrial motions are discussed in this chapter?What is the purpose of each motion?
5. What is the duty to disclose under FRCP 26? What happens if there is a failure to disclose?
4. When does discovery take place, and what does it involve? List three traditional discovery devices that can be used to obtain information prior to trial. Is electronic evidence discoverable?
3. What is service of process? What are the methods of serving a complaint on a defendant in a federal court lawsuit?What happens if the defendant is not properly served?
2. Describe the pleadings in a civil lawsuit. How does each type of pleading affect the litigation? If a defendant fails to respond to the plaintiff’s complaint within a specified time period, what can happen?
1. Describe what takes place during the initial client interview.Who conducts this interview, the attorney or the paralegal? Why?
4. If you did the research required by the Practice Questions and Assignments at the end of Chapter 7, prepare a legal memorandum summarizing Ms. Consumer’s legal problem and her options for resolution. Be sure to use the IRAC method and include the statutory provisions and cases on point from
3. Summarize the following hypothetical by applying the IRAC method:Mr. Damien is a teacher at the Wabash Academy, a private boarding school. He has a twenty-oneyear-old son, Dave, with bipolar affective disorder, formerly called manic depression, a mood disorder.While visiting Mr. Damien, Dave has
2. Prepare an informative letter to a client using the following facts:The client, Dr. Brown, is being sued for medical malpractice and is going to be deposed on January 15, 2016, at 1:00 p.m. The deposition will take place at the law offices of Callaghan & Young.The law office address is 151 East
1. Proofread the following paragraph, circling all of the mistakes. Then rewrite the paragraph.The defendent was arested and charge with drunk driving. Blood alcohol level of .15. He refused to take a breahalyzer test at first. After the police explained to him that he would loose his lisense if he
5. Should a memorandum be objective or persuasive? Why?
4. How is a legal memorandum organized? List and describe its components. What is IRAC? How is IRAC used in a legal memorandum?
3. List the components of a typical legal letter. What are the four types of letters discussed in this chapter? What is each letter’s purpose?
2. Why is it important for paralegals to have good writing skills? What is the active voice? What is the passive voice? Why is it better to use the active voice in your legal writing?
1. What are the three things you should consider when receiving a legal writing assignment?
4. If you did Chapter 7 Practice Questions and Assignments questions number 4, 5, and 6 in the library, how do your search results from law.cornell.edu compare to your search results from the print sources? Which do you prefer and why?

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