Paralegal Today: The Essentials 6th Edition Roger Miller, Mary Meinzinger - Solutions

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What is the scope of marketing research?
What are characteristics of marketing research?
What is market information?
What is marketing research?
Go to the Famous Trials Web site operated by the University of Missouri–Kansas City School of Law at http://law2.umkc.edu/faculty/projects/ftrials/ftrials.htm. Choose one of the famous cases, read it, and then answer the following questions:a. Who was the defendant, and with what crime or crimes
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, but
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 in the down economy.Mona learns that a former co-worker has died.She thinks that if she can file a tax return using the
Using the material presented in the chapter on state of mind, identify the type of homicide committed in each of the following situations:a. David, while driving in an intoxicated state, crashes into another car and kills its occupants.b. David, after pulling up next to his wife at a stoplight and
Identify each of the following crimes by its classification: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 police department receives complaints
Lynda Lore is an experienced paralegal who works for a criminal defense firm. The lawyers trust her implicitly and feel that she is as knowledgeable as they are.One Monday morning, Johnny Dodds, an attorney with the firm, is scheduled to be in court for a motion and, at the same time, at a
Raja is a paralegal with a criminal defense law firm.One of her responsibilities, after the attorney accepts a case, is to meet with the client to provide to the client, in writing, the firm’s social networking policy.It requires clients to remove any social networking accounts they have on sites
What are the constitutional rights of a person accused of a crime? Which constitutional amendments provide those rights? What are Miranda rights, and which amendments provide the basis for Miranda rights?
What are cyber crimes? What role can social media play in these crimes? What are the factors used to determine whether social media evidence is protected from use by prosecutors?
What two elements are required for criminal liability?What are the five traditional types of crime? What defenses can be raised against criminal liability?
Go to the Jury Research Institute Web site at www.juryresearchinstitute.com and browse through the Web site.a. Write a one-page summary of the services that each company provides.b. Go to “Browse our Experience,” click on “Notable Cases,” and review the verdicts. After doing so, do you
The group should research how a paralegal might use social media sites to find information about jurors.Student one will use online sources (and library sources, if necessary) to find out what kinds of information are available online about potential jurors. Student one should summarize how this
Using Exhibit 11.2 on page 361, 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 of
Paralegal Patricia Smith is assisting her supervising attorney, who has received a trial date for an auto accident case. The trial is set to begin in ten weeks.Discovery has been completed in the case. The depositions of the plaintiff and defendant have been taken, along with those of two
Using the material from this chapter, identify the different phases of a trial in the hypothetical situations below:a. The plaintiff’s attorney asks the witness, “Mrs.Wong, could you explain what you observed at the scene of the accident on January 17, 2014?”b. The defense attorney makes a
During the course of a products liability trial, a juror consulted the Web site www.howstuffworks.com to better understand components in the piece of equipment involved in the case. Aaron, a paralegal for the defense attorney, overheard two jurors discussing the information as they left the jury
Anthony Paletti, a paralegal, is attending a trial with his supervising attorney. Anthony leaves the courtroom to meet a witness. On his way down the hall, he runs into the defendant in the case. The defendant says to Anthony, “You work for the plaintiff’s attorney, don’t you? I have a
What are the different steps or phases of a trial? How are witnesses examined during trial? List the different types of examination that witnesses may go through.What is the difference between direct examination and cross-examination? Define “jury charge.”
How a case is appealed to a higher court for review.
How jurors are selected and the roles of attorneys and their legal assistants in the selection process.
How attorneys prepare for trial and how paralegals assist in this task.
KnowX.com is a public records Web site. Much of the information that can be located at this site is information that a private investigator (or a paralegal)might want to find when investigating a case.Access the site at www.knowx.com and select “Site Map” from the menu at the top of the screen.
Working in groups of three, role-play the initial client interview described in Chapter 9 between Katherine Baranski and the legal team—attorney Allen Gilmore and paralegal Elena Lopez. Attorney Gilmore will need to prepare a list of questions and will ask most of the questions during the
Using the format in Exhibit 10.4 on page 340, Information Contained in a Witness Statement, and Exhibit 10.5 on page 340, A Sample Witness Statement(Excerpt), draft a witness statement based on the following facts:a. You work for the law firm of Thomas & Snyder.On April 1, 2014, you are
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 in
Review the Baranski-Peretto hypothetical case discussed in Chapter 9. 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.
Kirsten works as an in-house paralegal for a debtcollection company. 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 on Facebook and other social media sites. If she finds
Paralegal Leah’s boss has asked her to arrange for a private investigator to place a GPS tracking device, the size of a deck of cards, on the company car of a salesperson of one of the firm’s clients. The client suspects the salesperson of playing golf instead of working and wants to
List the various types of witnesses discussed in the chapter. Describe the type of testimony each witness would give.
What are the different types of interviews described in this chapter? What is the purpose of each type?What is the paralegal’s role in each?
What are the different types of questions that can be used in an interview? Explain when you would use each type.
How to create an investigation plan.
How to prepare for an interview and the kinds of skills employed during the interviewing process.
There are numerous legal blogs (blawgs) that discuss legal issues. Several discuss the use of technology, such as iPhones and iPads, in litigation. Jim Calloway’s blawg entitled “Law Practice Tips” has a very useful suggestion on how to use Google maps during a deposition. The blawg gives a
Locate the complaint in the Viacom, Inc. v. YouTube case discussed in the Technology and Today’s Paralegal feature on p. 289 by going to the cnet.com news Web site at http://news.cnet.com/pdf/ne/2007/ViacomYouTubeComplaint3-12-07.pdf?tag=mncol;txt. Read the complaint and answer these questions:a.
This project addresses the issue of the discoverability of social networking information.Student one will do an Internet search on whether information on social networking sites is discoverable.Student two will assume it is discoverable, and will research who has to provide it—the user of a
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.
Locate your federal district court’s Web site and determine the requirements and procedures for electronically filing the complaint and summons drafted in Questions 1 and 2 above. Write a threeparagraph summary of the requirements.
Using Exhibit 9.3, A Summons in a Civil Action, on page 287, 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.
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 in
Paralegal Susan works as a paralegal and office manager for a sole practitioner, who is closing her law practice in Georgia and opening a new practice in Florida. The attorney is relying on Susan to close the Georgia law firm and place the files in storage. The attorney is not going to notify the
A client who is suing her employer for employment discrimination calls paralegal DeShawn from her employer-issued smartphone to discuss her case against her employer. Later, the client e-mails documents that may be used as evidence in her upcoming trial to DeShawn from her office computer. What
What is the duty to disclose under FRCP 26? How has it changed the discovery process in federal court cases?
When does discovery take place, and what does it involve? List three discovery devices that can be used to obtain information prior to trial.
What is service of process? Why is it important?
Describe the pleadings in a civil lawsuit. What is the effect of each type of pleading on the litigation?
What takes place during the initial client interview?Who conducts this interview, the attorney or the paralegal? Why?
Access the Securities and Exchange Commission’s A Plain English Handbook at the following site:www.sec.gov/pdf/handbook.pdf.Scroll through the handbook to answer the following questions:a. Describe the “unoriginal but useful” writing tip given in the handbook’s preface. How did the
Go to the Web site www.theoatmeal.com.a. Scroll down to the icon that says “Ten Words You Need to Stop Misspelling” and open it. Explain the following differences and when each word is used:• The different spellings of the word “there.”• Its and it’s.• Then and than.b. Click on
Locate the Federal Rules of Appellate Procedure, Rule 28, Briefs, on the Cornell University Law School’s Legal Information Institute Web site at www.law.cornell.edu/rules/frap/rule_28.Student one will create a list of the sections that an appellant’s brief must contain from Rule 28(a).Student
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, 2014, at 1:00 p.m. The deposition will take place at the law offices of Callaghan &Young. The law office address is 151 East
If you did the research required by the Practice Questions and Assignments at the end of Chapter 6, prepare a legal memorandum addressing whether your state’s lemon law protects Mr. Consumer. Be sure to use the IRAC method to analyze the strength of Mr. Consumer’s case using the statutory
Proofread the following paragraph, circling all of the mistakes. Then rewrite the paragraph.The defendent was arested and chrge 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 did
Analyze the construction of the following paragraphs.How could they be improved?The first is knowing of the danger. The second is voluntarily subjecting oneself to the danger. The defense of assumption of risk has two elements.She did not voluntarily subject herself to the danger when the stadium
A lawyer filed a complaint with a court that was so badly drafted that after giving the lawyer an additional opportunity to correct and refile it, the court dismissed the complaint with prejudice (meaning that the complaint cannot be revised and refiled).One sentence in the complaint contained 345
What is the active voice? What is the passive voice? Why is it better to use the active voice in your legal writing?
What should you consider when receiving a legal writing assignment?
How to write a legal memorandum.
What to consider when drafting a legal document.
What to consider when accepting a writing assignment.
If you did Chapter 6 Practice Questions and Assignments questions number 4, 5, and 6 in the library, how do your search results from www.justia.com compare to your search results from the print sources? Which do you prefer and why?
Does the search retrieve case law on the lemon law?Does the case law have any effect on the applicability of the statute?
Are you able to locate the state statute governing defective motor vehicles? If so, what remedy does it offer to Mr. Consumer?
This project has you investigate the alternative legal research databases. Students one, two, and three will go online and find information about what state and federal case and statutory law databases, forms databases, citators, and other services are offered by Loislaw, Casemaker, VersusLaw, and
Do a Google Scholar search for tobacco products manufacturers’ liability when cancer results from the use of their products. How many items did your search retrieve? How many cases were found on the first two pages? How many articles? Print the first two pages of your result to submit to your
If you did the research assignment in the Chapter 6 Practice Questions and Assignments question 1, Shepardize one of the cases that you found, using Shepard’s in print. Is the case still good law, or has it been reversed or overruled? How can you tell?How many citing cases are there? If you have
Which of these research sources—a law library, Web resources, and Westlaw or Lexis—would you use to locate the information described below? Why?a. To determine if a case cited in a motion is still good law.b. To locate a psychiatric expert witness.c. To locate a statutory provision that is up
Anna has been offered a paralegal internship, which is a graduation requirement for her paralegal degree, by a sole practitioner. The job requires Anna to spend the majority of her time doing legal research. The sole practitioner has made Anna’s hiring contingent on her using her school-issued
List and briefly describe the two dominant fee-based online legal research database services. Do the same for the alternative online legal research databases.
What should you do before going online to conduct a research session?
Go to the Cornell University Law School’s Legal Information Institute Web site at www.law.cornell.edu. Browse through the page that opens, and then answer the following questions:a. Scroll down to “Legal Resources.” What types of primary sources can you access? Are there any secondary sources
This project will involve creating a case brief of the Thomas & Thomas Court Reporters, LLC v. Switzer and Hathaway Switzer case in Exhibit 6.7.Student one will write the facts section of the case brief. Student two will write the procedure section of the case brief. Student three will write the
Using the annotated version of your state statutes, look for relevant case law annotations on Mr.Consumer’s legal problem in the notes of decisions following the relevant statutory sections. If no annotated version of your state statute exists or if no cases appear there—or if you want to learn
After analyzing the facts of Mr. Consumer’s legal dilemma and making a list of legally and factually relevant terms, as described in the preceding question, locate the index to the annotated version of your state statutes. Do the following:a. Using your list of terms, look in the index for
Mr. John D. Consumer bought a new car eight months ago. The car frequently stalls. The problem began the first week after he purchased the vehicle.It stalled late at night on an expressway while he was returning home from a business trip. It has stalled at least monthly since then, often in
The three bears return home to find that their house has been ransacked by Goldilocks. Their food has been taken, their chairs have been broken, their beds have been slept in, and their bedroom is so filthy that it will require professional cleaning to be usable. The three bears have come to your
Krystee Connolly, a paralegal in a litigation firm, has finished reading a brief that the opposing side submitted to the court in support of a motion for summary judgment. In the brief, she notices a citation to a state supreme court case of which she is unaware.She is experienced in the field and
Describe how statutes are published. What government bodies create statutes and regulations? What is the name of the official code containing the statutes of the U.S. government? What are some points to consider when reading and interpreting statutory law?
List and identify the various parts of a case citation.How do citations help you locate a case? What is the West key-number system, and how does it simplify the legal research process?
What is the difference between a case on point and a case on “all fours”? Why is finding either of these important when researching case law? What is binding authority? Persuasive authority?
How to interpret statutory law and understand what kinds of resources are available for researching the legislative history of a statute.
How federal statutes and regulations are published, and the major sources of statutory and administrative law.
How to analyze case law and summarize, or brief, cases.
How court decisions are published and how to read case citations.
How primary and secondary sources of law differ and how to use each of these types of sources in the research process.
Go to the Court Statistics Project at www.courtstatistics.org and locate information on your state court system. From that site or another you find, answer these questions: (1) How many levels of trial courts are there in your state? Which courts are on each level? (2) Where would a civil lawsuit
The American Arbitration Association (AAA) is the largest provider of alternative dispute resolution services in the country. To learn more about ADR procedures, go to www.adr.org, the home page for the American Arbitration Association. Browse through the site’s offerings and find the answers to
This project asks students to compare the current federal court system to the early federal court system. Article III of the Constitution places the judicial power of the federal government in “one supreme Court, and in such inferior Courts” as the Congress might decide to establish.In 1789
Using the materials presented in the chapter, identify the following methods of alternative dispute resolution:a. The parties to a divorce meet with a neutral third party who emphasizes points of agreement and proposes solutions to resolve their dispute. After several hours, the parties come to a
A plaintiff and defendant are involved in an auto accident. Both are residents of the county and state in which the accident takes place. The plaintiff files a negligence lawsuit in the county circuit court where the trial will occur. What types of jurisdiction does the court have? (The types to be
Marcella, who is from Toledo, Ohio, drives to Troy, Michigan, and shops at a popular mall. When leaving the parking lot, Marcella causes a car accident when she runs a stop sign. On what basis could a Michigan court obtain jurisdiction over Marcella? If the damages in the lawsuit exceed $75,000,
Look at Exhibit 5.4 on page 151. How many federal circuits are there? Which states are included in the 12th Circuit? In which federal circuit is your state located? How many federal judicial districts are located in your state? In which federal district is your community located?
Identify each of the following courts. If not indicated, specify whether it is a state or federal court.a. This state court has general jurisdiction over civil cases exceeding $20,000 and takes testimony from witnesses and receives evidence.b. This court has appellate jurisdiction and is part of a
Suzanne works as a paralegal for a general practice firm. Her supervising attorney, Amy, works occasionally as a mediator for family law cases in the local courts. Today, Amy has mediated a divorce case involving the property settlement of a wealthy businessperson, who also happens to be a
Aaron is a paralegal with a law firm that specializes in intellectual property law. Aaron’s supervising attorney asks him to e-mail a letter to the client that the attorney has prepared. The letter and its attachments discuss a patent application and contain drawings and plans for a heated
Over what types of cases can federal courts exercise jurisdiction?

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Paralegal Today: The Essentials 6th Edition Roger Miller, Mary Meinzinger - Solutions

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