Hilary Case

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Business Finance

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Assignment 2: Hilary Case

Due Week 8 and worth 200 points

Review the case file titled “Hilary Case," found below these instructions.

Write a five to six (5-6) page paper in which you:

  1. Draft a legal memorandum in which you discuss the likelihood of a successfully legal recovery by your client who is the plaintiff.
  2. Write a summary of the main activities that you, as the paralegal, need to take in order to prepare the Hilary Case for trial.
  3. Describe two (2) issues you might encounter as you prepare your case that would cause you to reach out to the supervising attorney for help.
  4. Draft a letter to the supervising attorney in which you describe a possible settlement of the Hilary Case and set out reasons why the client should accept it.
  5. Use at least two (2) quality references. Note: Wikipedia and other Websites do not quality as academic resources.

Your assignment must follow these formatting requirements:

  • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA or school-specific format. Check with your professor for any additional instructions.
  • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required page length.

The specific course learning outcomes associated with this assignment are:

  • Use the rules for citation form for primary and secondary authorities as well as the use of signals such as id., supra, infra, etc.
  • Analyze what paralegals do, the career choices available to paralegals, their role in the legal profession, and the need for continuing education and training.
  • Examine the paralegal workplace, tasks, and functions of a paralegal and accounting procedures in the law office.
  • Use technology and information resources to research issues in paralegal studies.
  • Write clearly and concisely about paralegal studies using proper writing mechanics.
  • DOWNLOADABLE OUTLINE FOR YOUR PAPER

    Before you download this Outline, please read the directions for the Assignment that are detailed above. Then use this document to help you organize your thoughts and presentation. Outline of Issues to Cover(1).docx
  • DIRECTIONS ON HOW TO PRESENT YOUR ANALYSIS

    A student had sent me several questions about the Assignment. I thought it would be helpful to answer them here so that everyone will have the benefit of my responses.
    • Are the medical bill, notice of intent to obtain records, the nurse's report, the incident report and the subpoenas the only documents available in the case?
    Yes. You should use them to develop your analysis of the case. In many situations when your client first comes to see your firm, there will not be very much information and you will need to begin to develop a strategy of how you will proceed. It may raise more questions than answers but you should be able to begin to formulate some legal theories about what the case looks like (what possible legal claims can be made, what facts support such a claim, what facts still need to be developed) and what directions you want to pursue.
    • Issue one: does successful recovery refer to medical recovery from the cuts and bruises or the economic and compensatory damages recovery in the form of money if the case is won?
    “Recovery” does not refer to the medical recovery but rather refers to the legal issues – from a legal perspective, what if anything can you possibly recover from the other party if you were to proceed to a civil suit lawsuit and trial. For example, which legal claims would you make, what are the elements of those claims, and which facts support those claims; what types of legal recovery could you seek to obtain (e.g., money, injunction, etc.)
    • Issue two: does it refer to obtaining the additional documentation needed or do we have to name the steps based on the limited information we have?
    It can be both. A thorough answer will discuss not only the steps that you need to do next, but also the types of information that are missing or that you want to develop next. Here you can use your analytical skills and your understanding of the claims being asserted to figure out what additional information you think would help your client to win their case and what particular activities you would undertake to get that information. You can also discuss other activities or steps that you would take to get ready for trial. Think back to what is involved in the discovery phase and also the differing roles of the attorney and the paralegal in preparing for a trial that were raised in Assignment 1.
    • Issue four: does it refer to warning the attorney about the chances of losing the case because the weapon was not found?
    This question is basically asking you to look at the strengths and weaknesses of your case, and then to figure out why you think that a settlement might be in your client’s best interest. Having decided that a settlement might be better than going to a trial, what arguments would you make to explain to the attorney why he/she should consider settlement – i.e., what are the legal and factual strengths and weaknesses of the whole process of settlement versus trial and of your particular case that on balance make it a good idea to at least try for a settlement. Therefore, for example, the presence or absence of a gun may be important to consider depending on the legal claims you are going to assert – while it may be very important to locate the gun for a criminal case, it may not be as critical in a civil case; your assessment of the value of the gun will then help you to explain whether it is important to settle the case before going to trial.

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ASSIGNMENT 2 1. Draft a legal memorandum in which you discuss the likelihood of a successfully recovery by your client. What particular tort or torts can your client claim What are the elements of the legal claim that must be proven What are the facts that support or weaken your client’s case 2. Write a summary of the main steps that you, as the paralegal, need to take in order to prepare the Hilary Case for trial. What are the processes or activities that you will need to conduct so that you are ready for a trial What do you need to do or have someone else do (e.g., prepare motion, subpoena, discovery request) 3. Describe two (2) issues that would cause you to reach out to the supervising attorney for help. Substantively – do you need more particular facts – which and why are there other parties whom you need to interview; include as parties – who and why is there additional legal analysis, experts, information that you need – what and why 4. Draft a letter to the supervising attorney in which you recommend the settlement of the Hilary Case. Why are you recommending settlement? - What are the strong or weak points that the client needs to understand as reasons for compromising a settlement Use at least two (2) quality references. Note: Wikipedia and other Websites do not quality as academic resources. Lower Council High School Lower Council School District STUDENT ACCIDENT REPORT FORM Instructions: This form must be completed for any accidents involving a student during school hours or occurring during the hours before and after school hours when students are known to be on school property. This form should also be used for incidents off school property when the incident occurs during a school-sponsor event. This form, when completed, should be filed in the Office of the Vice Principal. Staff completing Report: Date and Time of Incident: Ron Clemmons, Bus Driver April 3, 2011 at 3:20 p.m. Location of Incident: ___School building __School grounds ___Other (provide detail here) X School bus SECTION ONE – STUDENT INFORMATION Name: Davis Hilary Sex: M F Age: 15 Grade: 10th Home Address: 334 Wireman Road Apt 3A, Lower Council, New State 03900 SECTION TWO – ACCIDENT 1. Describe the accident in detail: Student was prevented from exiting the school bus at his usual stop by Bobby Jones, an 11th grader who held him down and threatened him according to witnesses. One witness, a younger student named Melissa, claimed that she observed a knife in Bobby’s hand. 2. Describe the student’s activities at the time of the accident: The student was attempting to exit the school bus. 3. What was the location of the accident? The accident occurred on the School Bus as it was on the home-bound route. 4. Identify the student’s injuries in detail: The student suffered cuts and bruises and seemed hysterical. He was crying loudly and bleeding. 5. Was anyone else injured in this incident? (If so, a separate form must be completed for each person injured.) Yes___(If yes, what are the names of the other injured individuals?)___________________ No _X_ 6. Person in charge when accident occurred (Name and Title): Ron Clemmons, Bus Driver 7. Actions taken following the accident: Bobby Jones was removed from the bus by police and restrained. A search was conduct by the school nurse and no knife was found on Bobby Jones. He was then taken back to the high school. 8. If the student was sent to the hospital: • Was the student taken to the hospital by ambulance? Yes No • If so, name of person who called for the ambulance: Not applicable • If no ambulance was called, identify who transported the student to the hospital: Not applicable • Name of hospital: Not applicable • Other medical treatment provided: The victim’s mother indicated that she was taking him to his pediatrician after she picked him at the incident site. 9. Identify who notified the student’s parents, the time of the notification and the result: Davis’s classmate, Melissa Jones called his mother who arrived at the scene of the incident immediately. 10. Other information relevant to this incident: None Ron Clemmons, Bus Driver Signature and Tile Davis Hilary, a minor, by his Parent and guardian, Katy Hilary Plaintiff v. Bobby Jones, Ronald Clemmons, Lower Council School District, Defendants :No.: 24-1432 : : : Attorney ID No. 124987 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr Lee Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All medical records and billings for the treatment of Davis Hilary, a minor. Date: September 14, 2011 John Morris John Morris Attorney for Defendants Davis Hilary, a minor, by his Parent and guardian, Katy Hilary Plaintiff v. Bobby Jones, Ronald Clemmons, Lower Council School District, Defendants :No.: 24-1432 : : : Attorney ID No. 124987 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Date: September 14, 2011 John Morris John Morris Attorney for Defendants Davis Hilary, a minor, by his Parent and guardian, Katy Hilary Plaintiff v. Bobby Jones, Ronald Clemmons, Lower Council School District, Defendants :No.: 24-1432 : : : Attorney ID No. 124987 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Downstate Medical Associates Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All medical records and billings for the treatment of Davis Hilary, a minor. Date: September 14, 2011 John Morris Attorney for Plaintiff INTEROFFICE MEMORANDUM TO: Peter Thomas, School Principal FROM: Nurse Danila RE: Bobby Jones SUBJECT: Search I was asked to conduct a search of Bobby Jones following an incident that occurred on the school bus while taking him and other students’ home today. I was told that Bobby became violent and held down Davis Hilary preventing Davis from exiting the bus. One of the students saw Bobby pull a knife. I understand that no knife was discovered on the bus after Bobby was taken off the bus and returned to school. I asked Mr. Janses, the math teacher to remain in the room while I examined Bobby. Throughout my interactions with Bobby he appeared docile and seemed deflated following the incident. He said to me that he didn’t want to “hurt nobody,” but that Davis had been throwing him “bad looks” for weeks. Bobby cooperated fully and I asked him to remove his clothing. I examined each piece of clothing and did not find a knife or other weapon in his cloths or on his person.
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Explanation & Answer

Running head: Paralegal studies

1

Paralegal studies:
Name:
Professor’s name:
Institution affiliation:
Date:

Paralegal studies

2

A Legal Memorandum
MEMORANDUM

TO:

Senior Partner, Plaintiff’s Attorney

FROM:

Paralegal

DATE:

March. 26, 2018.

RE:

Likelihood of a Successful legal Recovery by Hilary
Two minors who are involved in this case are, Hilary Davis & Bobby Jones.
The facts
Hillary Davis who is a 10th grader was held down and threatened by Bobby Jones who is

an 11th grader on April 3rd 2011. This incident occurred on the School Bus at Hillary Davis’ usual
stop. The school bus was on a home bound route during the occurrence of this incidence.
Hillary Davis suffered bruises as well as cuts from the incident. He was seen to be
distressed not only psychologically but also emotionally from the incident.
One witness, Melissa who is a younger student, claimed that she saw a knife in the hands
of Bobby Jones during the incident.
However, at the scene, no weapon was recovered.
Bobby confessed during interrogation that he attacked Hillary Davis because, Hillary Davis
had been throwing bad looks at him for many weeks.
On April 4 2011, Hilary Davis visited the doctor who confirmed that a 2.5-centimeter scalp
wound had been inflicted on him. Additionally, Hillary Davis was diagnosed with anxiety 300.08,
contusion as well as cranial abrasions which were linked to the incident.
Issue

Paralegal studies

3

Can Davis Hillary who was attacked by Bobby Jones recover from the physical as well as
emotional distress he suffered from the incident?
Answer
The answer is yes. This is the cases since according to the law, Bobby jones assaulted
Hillary Davis. This is so since as per the law, an assault is any act whose intend is to cause pain or
impact fear to another person. The actions of ...

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