This is the second of five major writing projects for this course. Alex's father filed a negligence lawsuit on Alex's behalf. This writing project provides you an opportunity to prepare a complaint and answer. Alex is filing a Complaint for Negligence. In practice, a negligence action may have more than one claim (also referred to as "counts"). For this assignment, the plaintiff is asserting only one count---Negligence. Do not add additional counts. You will file an Answer on behalf of the client, which will include at least one affirmative defense.

Instructions

General Formatting Requirements

• Use the Complaint template from the textbook (Figure 15-3, pp 338-39) for content guidance only.
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• Use the Answer template from the textbook (Figure 15-4, p 340) for content guidance only.
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• Use 1.5 line spacing where indicted and double spacing where indicated. Spacing is set in the Complaint template.
• Indent all paragraphs .5". The spacing is already set for you.
• Word documents only; no PDFs or rich text format documents accepted for a grade.
• Times New Roman 12-point font, one-inch margins all around.
• Brackets are inserted in the templates for informational purposes. Remove them from the final document.

Additional Instructions

• Read chapters 6 and 7 on negligence.
• Review the Nebraska general rules of pleading before starting this Assignment.
  • 6-1108. General rules of pleading. | Nebraska Judicial BranchLinks to an external site.
  • Links to an external site.Note: PleadingsLinks to an external site. are documents filed with the court to start the action. Motions are not pleadings. Make sure to use correct legal terminology when referring to court documents.
• Do not overthink this assignment, just follow the instructions.

The Complaint

• Use the Complaint Templatefor this assignment.
• Alex is a minor. The case caption for the plaintiff will read: LOGAN JONES as Father and Next Friend of A.J., a minor (full names of minors are not used in pleading).
• The Company is the Defendant. Because it is a registered company, the caption for the defendant will read: RIVER RAFTING DAY TRIPS, LLC, a Nebraska Limited Liability Company
• Alex is a resident of Louisville, Cass County, Nebraska.
• Use the facts scenario from Writing Project 1 and the legal memorandum for allegations.
• An allegation is a statement in the Complaint. It is a numbered paragraph. One allegation per numbered paragraph.
• Allegations should be written where the defendant's answer to the entire allegation is (1) admit (the allegation is true); or (2) deny (the allegation is false).
• Do not make allegations that require more than one answer. Create a new allegation.
• Add additional facts needed to complete the Complaint.
• Upload the completed Complaint to the assignment. Check to make sure it is uploaded.

The Answer

• Use the Answer Templatefor this assignment.
• Review the Answer sample in the textbook (Figure 15-4 p 340) for content guidance.
• Review and follow the instructions in the Answer Template.
• You must answer the allegations in the Complaint you prepared.
• Assert at least one Affirmative Defense.
• Upload the completed Answer to the assignment. Check to make sure it is uploaded.

Actions

Actions

Actions

• to download the Answer and Affirmative Defense template you may use for this assignment.

Actions

• to download the Complaint template you may use for this assignment.

N THE DISTRICT COURT OF [NAME] COUNTY, [STATE] [PLAINTIFF NAME], ) CI 23 12345 ) Plaintiff, ) ) v. ) ANSWER AND ) AFFIRMATIVE DEFENSES [DEFENDANT NAME], ) ) Defendant. ) [Start the pleading here. This is an introductory paragraph that starts the answer. Review the textbook materials page 240 for a sample answer. Do not use the formatting in the textbook template. This template is set at 1.5 line spacing for the complaint body. Note that some attorneys will left justify pleadings. Set your tabs at .5, .75 and 3.25. For indentation set in the paragraph tab, set left to 0 and special to first line at .5. I have set these for you. Make sure to remove the informational text in the brackets. Do not overthink this assignment. Follow the instructions]. 1. Defendant admits, denies or is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph of the Plaintiffs Complaint First allegation starts here. 2. Review the textbook template for guidance in answering the Complaint. You must review the Complaint so you can answer each allegation in the Complaint]. AFFIRMATIVE DEFENSE [Write defense here; if more than one, change to DEFENSES]. WHEREFORE, [prayer for the defendant, review textbook template] Date: [Write out the date]. [DEFENDANT NAME, Defendant,] By:____________________________________ LAW FIRM NAME Attorney Name [Instructor], NSB #12345 Address City, State Zip Code T: [telephone number]

N THE DISTRICT COURT OF [NAME] COUNTY, [STATE] [PLAINTIFF NAME], ) CI 23 12345 ) Plaintiff, ) ) v. ) COMPLAINT FOR NEGLIGENCE ) DEMAND FOR JURY TRIAL [DEFENDANT NAME], ) ) Defendant. ) [Start the pleading here. This is an introductory paragraph that starts the complaint. Review the textbook materials for the content of a negligence complaint. Do not use the formatting in the textbook template. This template is set at 1.5 line spacing for the complaint body. Note that some attorneys will left justify pleadings. Set your tabs at .5, .75 and 3.25. For indentation set in the paragraph tab, set left to 0 and special to first line at .5. I have set these for you. Make sure to remove the informational text in the brackets. Do not overthink this assignment. This is a negligence complaint only. Do not plead other legal theories.] 1. First allegation starts here. 2. Second allegation here and so on. WHEREFORE, [state the relief the plaintiff seeks; the pleading template in the textbook provides a sample relief clause]. DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury. [Attorneys tend to insert this although it is not necessary in some states if filed in a court where a jury trial is automatic. Check your jurisdiction.] Date: [Assignment due date. Write dates out, e.g., January 1, 2023]. [PLAINTIFF NAME, Plaintiff] By:____________________________________ LAW FIRM NAME Attorney Name [Instructor], NSB #12345 Address City, State Zip Code T: [telephone number] F: [fax number] E: [attorney email address]

N THE DISTRICT COURT OF [NAME] COUNTY, [STATE] [PLAINTIFF NAME], ) CI 23 12345 ) Plaintiff, ) ) v. ) COMPLAINT FOR NEGLIGENCE ) DEMAND FOR JURY TRIAL [DEFENDANT NAME], ) ) Defendant. ) [Start the pleading here. This is an introductory paragraph that starts the complaint. Review the textbook materials for the content of a negligence complaint. Do not use the formatting in the textbook template. This template is set at 1.5 line spacing for the complaint body. Note that some attorneys will left justify pleadings. Set your tabs at .5, .75 and 3.25. For indentation set in the paragraph tab, set left to 0 and special to first line at .5. I have set these for you. Make sure to remove the informational text in the brackets. Do not overthink this assignment. This is a negligence complaint only. Do not plead other legal theories.] 1. First allegation starts here. 2. Second allegation here and so on. WHEREFORE, [state the relief the plaintiff seeks; the pleading template in the textbook provides a sample relief clause]. DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury. [Attorneys tend to insert this although it is not necessary in some states if filed in a court where a jury trial is automatic. Check your jurisdiction.] Date: [Assignment due date. Write dates out, e.g., January 1, 2023]. [PLAINTIFF NAME, Plaintiff] By:____________________________________ LAW FIRM NAME Attorney Name [Instructor], NSB #12345 Address City, State Zip Code T: [telephone number] F: [fax number] E: [attorney email address]