Exam 3: Judgement

Under the doctrine of negligence per se, a plaintiff can establish both duty and breach of duty if the defendant violated a statute that was designed to protect the defendant from the type of injury sustained. If the court in a negligence case determined that Plaintiff had established negligence per se, which of the following facts would be the most important to the court's determination?

A squirrel, which makes his home in a national forest, spends six months in the summer and fall collecting and burying nuts. The following winter, the squirrel digs up the nuts and eats them at a time when food is scarce. This situation is most analogous to which of the following scenarios?

Jack is an experienced transactional paralegal with Ives & Currier. He has been asked to prepare and file an UCC Financing Statement for a client's loan transaction. The client made a loan from his family trust, the Williams Family Trust, to his son-in-law's business, Xact Machinery Co., with the Trust taking a security interest in two computer-controlled milling machines. Jack gathered all of the necessary information, prepared the Financing Statement, and filed it with the appropriate filing office. After he received a copy of the Financing Statement, the client called Jack and said the Financing Statement was wrong-it said that the secured party was Samuel A. Williams, Trustee, not the Williams Family Trust. Jack knew from his paralegal training and experience that a Financing Statement only served as "notice" to others of the secured party's interest. To learn more about the secured party's interest, another person must contact the secured party. Jack also knew that it is far more important to make sure that the debtor's name is correct. From the options listed below, what is Jack's best response?

Under Rule 68 of the Federal Rules of Civil Procedure, a plaintiff would be required to pay the defendant's costs after the date an offer of judgment was served if (1) the defendant made an offer of judgment, (2) the offer was not accepted, and (3) the judgment obtained by the plaintiff "is not more favorable than the unaccepted offer." If a defendant in a personal injury case served an offer of judgment on the plaintiff in the amount of $15,000, the plaintiff did not accept the offer, and the plaintiff obtained a judgment of $15,000, the plaintiff will be obligated to do which of the following?

In criminal law, the Felony Murder Rule provides that a defendant will be guilty of murder if a death resulted from the commission, attempted commission, or immediate flight from a dangerous felony. If Defendant was found guilty of grand theft-auto after carjacking Sandra's new Camaro, which of the following facts would be the most important in finding Defendant guilty of murdering Victor Victim?

Marshall is a paralegal working for Larry, a sole practitioner who practices in estate planning, probate, and estate taxation. Axel and Mary are a married couple who hired Larry to prepare an estate plan, including wills and a trust agreement. Axel and Mary have one adult child. After Larry and Marshall met with Axel and Mary about their estate plan, Marshall began preparing the wills and the trust agreement. At that point, Axel called Marshall and wanted to change the instructions he had given for his will. Axel stated that he had fathered another child with another woman after he married Mary. Axel wanted to give $30,000 to the child in his will, but does not want Mary to know about the gift. From the options listed below, what is Marshall's best response?

Penny is a paralegal working for Leonard, who is an attorney licensed in the state of Hysteria. Leonard has filed suit on behalf of Vicki, who was seriously injured when a car driven by Denise collided with Vicki's car. After the suit was filed, Leonard instructed Penny to have the complaint and summons served on Denise. Penny prepared the complaint and summons for service and made arrangements with a process server for service on Denise. The process server went to the address listed on Denise's driver's license, which had been recorded by the police at the time of the accident. A teenage girl answered the door, but she confirmed that both she and Denise resided at that address. Denise never filed an answer to the complaint and later claimed that service of process was improper. Under the laws of Hysteria, one of the proper methods of service of process is to leave the complaint and summons at the defendant's last and usual abode, with a person residing there who is of suitable age (at least age 12) and discretion. If Penny needs to confirm that service of process was proper, what other information does she need?

Sherwood Forest is a paralegal with the firm of Nottingham & Associates. Sherwood works for Robin de Hood, who specializes in wills, trusts, and estate planning. I.B. Sheriff is one of Robin's longtime clients. On a Friday afternoon when Robin left early, Sheriff called Sherwood in a panic. Sheriff explained that his son, Sonny, had just turned 18 and was leaving that night for a summer of touring the continent on horseback. Sheriff was concerned that Sonny did not have a will and wanted to avoid intestacy if anything happened to Sonny during the summer. Sheriff then asked Sherwood to prepare a "simple will" for Sonny immediately, and stated that, if Sherwood did not do so, he would see that Sherwood is fired. Sherwood knew that Robin had always given him specific instructions when assigned to draft a will and that Robin believed there is no such thing as a "simple" will. From the answer choices listed below, what is Sherwood's best response?

Gary Goodwin is a partner in Steinway, Goodwin & Iverson. He represents Bill Smith, a defendant in a lawsuit filed by his brother, George Smith. The litigation has been very contentious. George is represented by Alex Philbin, who has a reputation for being a "junkyard dog" litigator. As part of the discovery process, the parties agreed to allow Philbin and a forensic accountant visit Bill's office and review the original accounting records kept by Bill in a joint venture with George. Deena is a paralegal at Steinway, Goodwin & Iverson and working on the Smith case with Gary. On the morning of the visit to Bill's office, the receptionist calls Deena and frantically explains that Mr. Philbin is on the phone and very angry. He is saying something about Bill Smith not letting him look at the documents. The receptionist explained that Gary is in a meeting, but Philbin is claiming Bill Smith is in breach of a discovery agreement. The receptionist wants Deena to take the call. In speaking to Mr. Philbin, what is the best approach for Deena to take?

John is a paralegal who works for Linda, an estate planning and probate attorney. One day, John gets a call from Sally, a client whom Linda is representing in will contest. Sally received a copy of a notice of deposition in the will contest. John has met Sally and knows that Sally is an intelligent and self-confident woman, but during the call, Sally explains that she has never been through a deposition and would like to know more about what to expect during the deposition. Of the options listed below, what is the John's best approach to answering Sally's question?

Michael works for an attorney practicing in civil litigation. Michael's employer is handling a case involving a 30-acre parcel owned by a wealthy entrepreneur. The 30-acre parcel has a large house on it and thick woods surrounding the main house. A young man entered the parcel to hunt quail in the wooded area surrounding the house. As Michael's employer is drafting a motion, he asks Michael to find cases with facts similar to the facts of this case. Which of the following cases is most analogous to the insurance defense attorney's case?

The following facts were established during a criminal trial: - The victim was the owner of U-Store-It, a 24-hour-access storage facility. - The victim was found dead at 4:00 a.m. on December 15. - A security camera showed Defendant at the storage facility at 1:00 a.m on December 15. - The victim and Defendant knew each other and were friends. - The victim had borrowed $500 from Defendant. - At 10:30 a.m. on December 15, Defendant deposited $500 in his checking account. - An autopsy showed that the victim died six hours before he was found dead. What factual deduction can Defendant's counsel use to argue that Defendant is not guilty?

Under Rule 26 of the Federal Rules of Civil Procedure, pretrial disclosures must be made at least thirty days before trial. A paralegal, however, must follow Rule 6 of the Federal Rules when docketing a litigation deadline. In the Seinfeld case, trial is set to begin on Tuesday, June 26, but thirty days prior to the trial date falls on Sunday, May 27. What is the deadline for pretrial disclosures?

Shelly is a paralegal with the in-house legal department of General Auto Insurance (GAI). Allison Attorney is a lawyer in the legal department. Paula Plaintiff filed a claim with GAI after Dennis Defendant ran into Paula's car in a parking lot, causing damage to her car. Allison has filed suit against Dennis on behalf of GAI and Paula, and has just taken the deposition of Wendy Witness, who saw the incident, but is also Dennis's co-worker. Wendy claims that Paula suddenly pulled out of a parking space and contributed to the accident. Allison has reason to think that Wendy and Dennis were drinking heavily at a bar before the incident. She also believes that Wendy posted photos of Wendy and Dennis at the bar on her Facebook® page, but has learned that only "friends" can see that area of her Facebook® page. In her deposition, Wendy stated that she grants virtually all requests to be "friended." If Allison asked Shelly to do so (because Wendy does not know Shelly is Allison's paralegal), could Shelly go on to Facebook®, request that Wendy "friend" her, and download copies of any photos of Dennis drinking at the bar before the accident?

Sunrise Travel is a Florida corporation that markets cruises and other vacation packages. It employs 500 people. Sunrise Travel's Articles of Incorporation state that all employees are considered at-will employees, except for the President and other officers appointed by the Board of Directors. Mr. Hernandez is the President of Sunrise Travel. Sunrise Travel's Human Resources Department issued an employee handbook stating that the rules in the handbook apply to all at-will employees. If a paralegal concluded that the rules of the employee handbook do not apply to Mr. Hernandez, would that conclusion be correct?

Buyer entered a contract with Seller for the purchase of real estate. In the county records, the land in question is divided into two lots - Parcel 1 and Parcel 2. When the transaction closed, the Seller signed the deed conveying the property believing that she was selling only Parcel 1. She later discovers, however, that the legal description attached to the deed covered both Parcel 1 and Parcel 2. Seller then sues Buyer claiming that the legal description was changed after she signed the deed. This situation is most analogous to which of the following scenarios?

Catherine is a lawyer representing a retired fireman. The fireman, along with ten other individuals, invested in a commercial real estate development. The development company was later sued by a bank after it defaulted on a construction loan, and the lender named all of the investors in the suit, claiming they were guarantors of the loan. The case is pending in federal court. After the suit was served, the fireman met with Catherine and briefly met Karla, Catherine's paralegal. In the meeting, Catherine recommended that, instead of filing an answer to the complaint, a motion to dismiss be filed. The fireman accepted the recommendation, but did not really understand what that meant. Before he left, the fireman ran into Karla, and he stopped her long enough to ask her to explain motions to dismiss. Of the options listed below, what is Karla's best approach to answering the client's question?

Charlene is a paralegal with a mid-size law firm that handles many real estate and zoning matters. Maxine, one of the attorneys at the firm, represents a client with a recycling business and scrap metal junkyard in a commercially zoned area of the city. Yesterday, the client was cited by the city for violation of an ordinance that prohibits unsightly or dangerous accumulation of materials or waste between the street and a property's cinder block wall. The block wall is also required by city ordinance and must be fifteen feet back from the street. The client stated that he is not in violation of the ordinance and that the city wants to condemn his property. Maxine asks Charlene to go to the client's property with a digital camera. Maxine wants her to photograph the property, the street, and the neighboring properties. Charlene is familiar with the city ordinances, but has never considered herself a good photographer and is concerned that her photographs will not be satisfactory for Maxine's purposes. From the answer choices listed below, what is Charlene's best response?

Paul is a paralegal with the firm of Chew & Bacca. Paul has been assigned to work with Hannibal Solo, who is representing Darth Vader in a products liability case against the manufacturer of the Death Star. Paul worked many long hours preparing the Vader case for trial, and he is now assisting Mr. Solo during trial. After a long day of trial and a full evening of preparing for the next day, Paul decides to relax a bit by catching up with his friends and family on Facebook®. While on Facebook®, Paul discovers the Facebook® page of one of the jurors on the Vader case. The juror posted a fully public comment on his Facebook® page about the Vader case. The comments are critical of the manufacturer and favorable to Mr. Vader's case. What is Paul's best course of action?

Homer is paralegal working for the Law Office of Marge Simpson. Ms. Simpson is handling a real estate case that involves Lot A and Lot B, which are adjacent to each other. The owner of Lot A began digging a hole on his lot as the basement for the house he wanted to build. One edge of the hole was near the boundary line with Lot B, and during the digging process the edge near Lot B collapsed and part of Lot B fell into the hole on Lot A. As Ms. Simpson is drafting a motion, she asks Homer to find cases with facts similar to the fact of this case. Which of the following cases is most analogous to the case Ms. Simpson is handling?