Exam 3: Judgement

A homeowner hired a contractor to build an addition on the homeowner's oceanside cottage. The contract required the contractor to begin the work on May 1 and complete the work by June 15. On April 25, a hurricane completely destroyed the homeowner's cottage. When the contractor failed to begin work on the addition on May 1, the homeowner filed suit against the contractor. This situation is most analogous to which of the following scenarios?

A developer entered a contract with an investment company for the purchase of real estate. The land in question is divided into two lots - Parcel 1 and Parcel 2. After the transaction closed, a dispute arose as to whether both parcels were included under the Purchase and Sale Contract and whether both parcels should have been included in the legal description attached to the Warranty Deed. If a suit were filed (by either party), which of the following would be LEAST relevant to resolving the dispute?

On June 1, Art Dealer mailed an offer to Collector. The offer, which was received on June 3, offered to sell a painting to Collector. On the same day he received the offer, Collector mailed an acceptance of the offer to Art Dealer. On June 5, Collector called Art Dealer and told him that he had mailed an acceptance, but was calling to revoke it. On June 6, Art Dealer received the acceptance. Under the Mailbox Rule, an acceptance is effective when mailed. However, an exception exists if a revocation of the acceptance is received by the offerer before the acceptance is received. On the facts above, was Collector's acceptance effectively revoked?

Tina is a paralegal at a mid-size firm that provides legal services to small- and mid-size businesses. Tina works for Patricia Wilson, who provides legal services to start-up companies. One of the firm's client's is Robert Hammersmith. Under Patricia's direction, Tina has arranged for the formation of three companies owned by Hammersmith, all of which are telephone sales operations. Patricia stated to Tina, however, that she does not trust Hammersmith and thinks he is "scummy." Three months later, Tina receives a call from Tom Billings, who was hired by Hammersmith to manage the companies. Tina assisted Billings with routine corporate status matters, but Billings also mentioned that neither he nor any of the other employees have been paid by Hammersmith. One week later, Billings shows up at the firm and asks to speak with Tina. When Tina meets with Billings, Billings states that he and all of the employees have quit the company, and Billings asks Tina if she or the firm can assist in wage claim and/or lawsuit against Hammersmith and the company. From the options listed below, what is Tina's best response?

Jackie is a paralegal working for Huey & Duey, Attorneys at Law. One day when both Huey and Duey are in court, Jackie takes a call from a potential client. The potential client, Bruno, states that he has been charged with burglary, but he only entered his former girlfriend's apartment to retrieve his chess set. Jackie knows that, in her jurisdiction, a defendant will be guilty of burglary if the person breaks and enters a residence or commercial structure with intent to commit a felony therein. Jackie recognizes that Bruno did not intend to steal or commit a felony in his girlfriend's apartment and may not be guilty of burglary. From the options listed below, what is the best response that Jackie can give to Bruno?

An anthropologist was working on an archeological dig of an ancient village in a Central American country. Near the ancient village, she discovered a large circle of rocks, with larger four larger rocks carefully placed on the northern, southern, eastern, and western sides of the circle. She also found four rectangular-shaped rocks placed at other points around the circle. After a survey, the anthropologists learned that the center of the circle and the rectangular-shaped rocks were aligned with rising and setting sun on the summer solstice and with the rising and setting sun on the winter solstice. Based on this information, the anthropologist concluded, "This ancient society worshipped the sun." What assumption does this conclusion require?

Kerri is a paralegal and is employed by Linda Lawyer, who is an attorney licensed in the state of Utopia. Linda represents Victor, who was seriously injured when Doug Defendant hit Victor with his car while Victor was walking along a street. Doug, however, is a citizen of the state of West Utopia and has returned to his home state. Linda filed a complaint on behalf of Victor against Doug. Linda has now asked Kerri to determine whether and how personal jurisdiction can be established over Doug as the defendant. Under Utopia law, personal jurisdiction can be established (1) if the defendant is in the state when served with the lawsuit, (2) if the defendant was engaged in regular, systematic, and continuous business in the state, or (3) under a long-arm statute, if the defendant caused an in-state event and the lawsuit is based on the event. Can Kerri tell Linda that personal jurisdiction is possible?

Anna is a paralegal with a small law firm. Jeannie is an associate with the same firm. Jeannie often comes to Anna for assistance with questions and with procedural matters. Anna does not mind and likes to be thought of as a helpful and cooperative employee of the firm. In the past month, however, Jeannie has started to come to Anna for advice related to Jeannie's personal life, and Anna is uncomfortable with the situation. From the answer choices listed below, what is Anna's best response to the situation?

A development company from Illinois entered into a contract with a rancher in Nebraska for the purchase of forty acres on the north side of rancher's property. After the transaction closed, the parties discovered an error in the survey of the forty acres, and a dispute arose as to the exact boundaries of the forty acres and legal description of the property. If the development company sued the rancher in federal court, which of the following would be discoverable under Rule 26 and the discovery rules of the Federal Rules of Civil Procedure?

Kramer & Costanza, formerly a New York law firm, closed its doors and moved to Washington state after Kosmo Kramer made a pass at a female judge during a bench-bar mixer. Mr. Kramer hired Allison as a paralegal and began practicing criminal law (after being admitted to the Washington bar). Kramer's first client, Mr. Newman, was an investment broker who had been subpoenaed to appear before a grand jury. The grand jury was investigating a real estate partnership that went bankrupt after Newman convinced several people to invest in the partnership. Newman called Allison at a time when Kramer was out of the office, and Newman asked Allison, "This grand jury thing, they're just going to ask me questions, right? I don't have to worry about the grand jury coming after me, right?" And then, "Kosmo's going to be there with me, right?" From the following options, what is best response that Allison can give?

You are a paralegal employed by a civil litigation attorney practicing in Illinois. Your employer wants to remove a recently filed case from state court to federal court. Your employer asks you to check the statutes and procedural rules and let him know whether the case can be removed. The case is a civil rights case involving 42 U.S.C. § 1983 and other claims. From reviewing the removal statute, you learn that a defendant may remove a state-court case to federal court if federal subject matter jurisdiction exists. You remember from your paralegal training that the two main forms of federal subject matter jurisdiction are diversity jurisdiction and federal question jurisdiction. In this case, both the plaintiff and the defendant are citizens of the state of Illinois. What other information do you need to determine whether the case can be removed?

Millie is a paralegal who works for John, a family law attorney. One day, Millie gets a frantic call from Sally, one of John's clients. Sally says that John's secretary sent a copy of a notice of deposition by e-mail. Sally is a bit upset because she does not know what a deposition is and is afraid she will have to attend the deposition alone. Of the options listed below, what is the Millie's best approach to answering Sally's question?

Jill is a paralegal who works for Matthew. Matthew is an attorney who represents clients in family law and divorce matters. Matthew is representing Wendy in her divorce from Hal. The court has determined that the total value of Wendy and Hal's jointly held property is $300,000 and that Wendy and Hal should each receive one-half of all jointly held property. However, the court has also indicated that Wendy should be awarded the family home because she will have primary custody of their two children. Matthew provides Jill with the following list of Wendy and Hal's jointly held property and asks Jill to determine the most equitable distribution of the property. How should Jill distribute the property? Asset Value House $150,000 Family Owned Business $ 75,000 Investment Portfolio $ 50,000 SUV $ 20,000 Checking Account $ 5,000

Kathy is a paralegal at a large law firm located in a large building in a downtown area. She works in the transactional department with attorneys Peter and Cheryl. Peter's domestic partner is George, and over the years, Kathy, Peter, and George have become good friends. Kathy also knows Tina, a secretary at a mid-size law firm in the same building. One day, when Kathy was at lunch with Tina, Tina mentioned that she heard an associate in her law firm is having a sexual relationship with Peter. From the options listed below, what is Kathy's best response to Peter and George?

Morningstar Estates is a subdivision that has ten lots. The legal description for each lot uses the following format: "Lot __, Morningstar Estates, according to the plat of record in the county records." Morningstar Estates also has a homeowner's association, and the rules of the homeowner's association apply to all ten lots identified in the Morningstar Estates plat map. If a paralegal concluded that the rules of the homeowner's association applied to Lot 7, what minor premise is necessary for that conclusion?

Bill is a senior paralegal with the law firm of Matheson & Gilbert, which mainly focuses on commercial transactions and litigation. Bill is a longtime employee of the firm and has been assigned to work on the Miller v. Cohen lawsuit. Sandra Jackson, a partner in the firm, represents Joel Cohen, one of the defendants in the case. George Wilson, an attorney at the Lewiston firm, represents Phil Philby, another defendant in the case. Bill gets a telephone call from Phil Philby, who asks Bill to e-mail a copy of a draft motion to dismiss that Sandra is working on in the case. Bill knows that Joel Cohen may have claim against Philby and that Sandra wants to file a cross-claim against Philby. Can Bill e-mail a copy of the motion without Sandra's permission?

Sean is a paralegal who works for Madison. Madison is an attorney who represents clients in family law and divorce matters. Madison is representing Wanda in her divorce from Harry. The court has determined that the total value of Wanda and Harry's jointly held property is $1,000,000 and that Wanda and Harry should each receive one-half of all jointly held property. In addition, the court has also indicated that Wendy should be awarded the family home because she will have primary custody of their two children. Harry operates a successful insurance agency that is his sole and separate property, but the judge has determined that any increase in the value of the business was not due any contribution or effort of Wanda. Madison provides Sean with the following list of Wanda and Harry's jointly held property and separate property. She then asks Sean to determine the most equitable distribution of the property. From the answer choices below, what is the most equitable distribution of the property? Asset Value House $200,000 Harry's Insurance Agency $500,000 Investment Portfolio $500,000 Savings Account $225,000 Cadillac SUV $ 25,000 Mercedes Benz $ 25,000 Checking Account $ 25,000

Bart is paralegal working for the Law Office of Lisa Simpson. Ms. Simpson is handling a real estate case that involves a farmer who sold a forty-acre parcel from the northeast quarter of the farmer's 160-acre farm. As Ms. Simpson is drafting a motion, she asks Bart to find cases with facts similar to the facts of this case. Which of the following cases is most analogous to the farmer's case?

The following facts were established during a post-trial hearing in a criminal case: - John was arrested and tried for a burglary of a sporting goods store. - A witness, whom John did not know, was called by John's attorney and testified that he saw John at a bar at 10:00 p.m. on the evening of the burglary. - The sporting goods store had closed at 8:30 p.m. that night. - The security alarm went off at 10:05 p.m. - The burglar entered through a window at the back of the store. - DNA evidence collected from the window had a 99.9% match to John. - On the last day of the four-day trial, John's attorney appeared in court wearing the same suit he had worn the day before and smelling of Chanel No. 5 perfume. - Case law gives examples of deficient performance, including attorneys appearing in court while under the influence, falling asleep for long periods in court, and failing to put on any defense despite requests from the defendant. - After four hours of deliberation, the jury found John guilty of burglary. - John claims that the jury should have believed the witness. Under the Constitution, a defendant has a right to effective assistance of counsel. The assistance of counsel is ineffective if (1) the attorney's performance was deficient, and (2) but for the deficient performance, the outcome of the defendant's trial would have been different. If John later claimed that he received ineffective assistance of counsel, can the facts be used to support both elements of rule?

Angela is a paralegal who works for Paul, an attorney representing the plaintiff in a commercial-litigation case. Paul wants to obtain copies of certain documents from Ruf-n-Tuf Chainsaw Company, a third party to the lawsuit. Paul is particularly interested in correspondence between the defendant and Ruf-n-Tuf. Paul asks Angela what method, under the discovery rules, is the best method for this purpose. Of the four main types of discovery under the federal rules, which of the following is the only method that can be used?