Civil Litigation, law assignment help

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NKryya

Business Finance

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Your supervising attorney has asked you to formulate a set of interrogatory questions for his review, which could be served on the opposing party in a car accident case between Cain and Abel. Abel, our client, was sued by his brother. The facts of the case are as follows:

Abel Abrahamson is a client of your firm (Sinclaire and Sinclaire, 464 Main St., Blackacre, Hometown, 37373). He recently received a Summons and Complaint from the Blackacre Circuit Court in the state of FLORIDA, informing him that his brother, Cain, is suing him. The complaint is attached here.

Your supervising attorney, Jake Smalls, has already served an Answer and Counterclaim on behalf of Abel, based off of a conversation with Abel, who has given him the following information:

  • He got into an accident with his brother, but his brother turned out into the lane in front of him, causing the accident.
  • He believes his brother was intoxicated at the time and was speeding.
  • He knows his brother went to the hospital, but is unsure of the extent of his injuries or medical bills. He is sure, however, that his brother is faking some of his injuries--he saw him moving furniture shortly after the accident. This also leads him to believe he could still perform his job.
  • He is furious with his brother, and wants to sue him for defamation. His brother has been going around town telling "everyone" that he intentionally ran him over because he thought Cain was going to tell Abel's wife about an affair Abel was engaged in.
  • Abel adamantly denies hitting his brother on purpose, and is furious, as he has never engaged in an affair. Regardless, news of his brother's statements about him have spread amongst the town, and Abel recently lost an election whereby he was running for the Blackacre School Board. Polling showed he lost the election due to the public's concern over his moral fitness.

Your supervising attorney has advised you that a claim for defamation requires allegations of a false statement, published (or spread to other people) causing damages.

Mr. Smalls would like 10 interrogatory questions included in the interrogatories to be served on Cain. He has provided a template the firm uses for interrogatories for formatting purposes. However, you need to draft the appropriate questions, paying particular attention to the facts of the case.

21 hours ago

complaint.doc

week_2_interrogatories_template_course_project.docx

Unformatted Attachment Preview

IN THE COURT OF COMMON PLEAS BLACKACRE CAIN ABRAHAMSON 123 Main St. Blackacre, Homestate, 37373 * Case No. 15-3728 * Judge Markhamson * COMPLAINT; JURY DEMAND ENDORSED HEREON Plaintiff * v. * ABEL ABRAHAMSON 47477 Innocent Ave. Blackacre, Homestate, 33333 * * Jeff Rey 123 Apple Street Blackacre, Homestate 12345 Telephone: (417) 867-5309 Facsimile: (417) 555-0111 Attorneys for Plaintiff Defendant * * * * * * * * * * NOW COMES Plaintiff, Cain Abrahamson, with his counsel Jeff Rey, bringing a claim against Abel Abrahamson for the following reasons: CLAIM FOR RELIEF - NEGLIGENCE 1. On January 31, 2011, at approximately 7:30 AM, Plaintiff, Cain Abrahamson was traveling southbound on Interstate 75 at the 205 mile marker in Blackacre. 2. Plaintiff was stopped behind numerous other cars in heavy traffic in the right lane. 3. At that time, Defendant, Abel Abrahamson negligently crashed into Plaintiff, rear ending his vehicle when his auto rolled forward. 4. The Blackacre Police Department arrived on the scene at 7:47AM and filed a police report related to the crash. 5. As a result of the crash, Plaintiff has endured severe spinal trauma and had to undergo neck surgery, damage to his automobile, and has been unable to return to his career as a Personal Trainer. 6. The Defendant had a general duty to the safety and welfare of other drivers on the roadway. 7. The Defendant breached its duty of due care by failing to retain control of his vehicle and by crashing into the rear end of Plaintiff’s vehicle. 8. As a result of Defendant’s negligence, Plaintiff suffered back and spine injuries. 9. As a proximate result of Defendant’s negligence, Plaintiff was burdened with medical expenses in excess of $10,000.00. 10. Furthermore, as a proximate result of Defendant’s negligence, Plaintiff has been damaged with pain and suffering and the loss of his career. WHEREFORE, Plaintiff prays for judgment in an amount exceeding the sum of $25,000.00 for damages proximately caused by Defendant’s negligence, and for all other relief to which Plaintiff may be entitled. Respectfully submitted, __/s/ Jeff Rey____________________________________ Jeff Rey 123 Apple Street Blackacre, Homestate 12345 Telephone: (417) 867-5309 Facsimile: (417) 555-0111 Attorney for Plaintiff JURY DEMAND Plaintiff demands a jury trial as to all issues so triable in the within cause. _/s/ Jeff Rey___________________________ IN THE COURT OF COMMON PLEAS BLACKACRE XXXX * Case No. * Judge Plaintiff * * PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT * Attorney contact information goes here: v. XXXX Defendant * * * * * * * * * * TO DEFENDANT: Name of Defendant: * * * * Now comes the Plaintiff and propounds the following interrogatories, which are to be answered by the defendant under oath within twenty-eight (28) days of the service hereof pursuant to Rules 26 and 33, of the Blackacre Rules of Civil Procedure. INSTRUCTIONS 1.) In answering these interrogatories, Defendant must furnish all requested information, not subject to a valid objection, that is known by, possessed by, or available to Defendant or any of Defendant’s attorneys, consultants, representatives, agents, and all others acting on behalf of defendant. 2.) If Defendant is unable to answer fully any of these interrogatories, Defendant must answer then to the fullest extent possible, specifying the reason(s) for Defendant’s inability to answer the remainder and stating whatever information, knowledge or belief Defendant has concerning the unanswerable portion. An evasive or incomplete answer may be deemed to be a failure to answer, and may render Defendant and Defendant’s attorneys liable for the expenses of a motion to compel responsible or complete answer, including reasonable attorney fees. 3.) Each subpart of a numbered interrogatory is to be considered a separate interrogatory for the purpose of answer and objection. Defendant must object separately to each subpart, and if Defendant objects to less than all of the subparts of numbered interrogatory, then Defendant must answer the remaining subparts. In addition, if Defendant objects to an interrogatory or a subpart thereof as calling for information which is beyond the scope of discovery (e.g., “not reasonably calculated to lead to the discovery of admissible evidence,” “work product,” “attorney/client privilege,” etc.) Defendant must, nevertheless, answer the interrogatory or subpart thereof to the extent that it is not objectionable. 3.) All of the following interrogatories call for continuous answers and, as much, require timely supplemental answers by Defendant in the event that, prior to final disposition of this action, additional relevant information comes to the attention of, or becomes available to Defendant, Defendant’s attorneys, consultants, representatives, agents or any other person acting on behalf of Defendant. Without being requested by Plaintiff, Defendant must promptly amend any answer when it is discovered to have been incorrect when made, or it is discovered to be no longer true circumstances are such that failure to amend is in substance a knowing concealment. 5.) For each interrogatory and subpart of each interrogatory, if the information furnished in your answer is not within your personal knowledge, identify each person to whom the information is a matter of personal knowledge if known. DEFINITIONS As used herein, the following terms shall have the meanings indicated. 1.) “Identify” (or “state the identity of”) with respect to a natural person means to state the person’s full name, current or last known residence and business address and telephone number, current or last known employer, such employer address and the current or last known position or job title of the person with such employer. 2.) “Identify” (or “state the identity of”)with respect to an entity (not a natural person) means to state its full name, the address of its principle place of business, and its telephone number. 3.) “Identify” (or “state the identity of”) with respect to a document means to state the date of such document, if any; a general description thereof; state its present location and identify its custodian; and state descriptive information of sufficient particularity to enable same to be subject to a subpoena duces tecum or request for production thereof. 4.) “Document” means any writing of any kind, including originals and all non- identical copies (whether different from the originals by reason of any notation made on such copies or otherwise), including without limitation, correspondence, memoranda, notes, desk calendars, diaries, statistics, letters, telegrams, contracts, reports, returns, summaries, pamphlets, books, inter-office and intra-office communications, notations of any sort of conversations or other communications, bulletins, magazines, publications, printed matter, photographs, computer printouts, teletypes, telefax, invoices, worksheets and all drafts, alterations and amendments of any of the foregoing, tape recordings, transcripts, graphic or oral records or representations of any kind, and electronic or mechanical records or representation of any kind, of which you have knowledge or which are now or were formerly in your actual or constructive possession, custody or control (including (I) materials on or in computer tapes, disks, and memory and (ii) backup copies and “deleted” files on a computer or computer storage device or media) whether located on-site or off-site. All drafts, copies or preliminary material which are different in any way from the executed or final document shall be considered to be additional documents as that term is used herein. 5.) “You” (or “your) refers to the party to whom these interrogatories are addressed, but the use of such term shall not be construed to limit the information provided to that which is within the personal knowledge of such party. 6.) “Entity” refers to any corporation, partnership, proprietorship, associated or unassociated group cooperative and any federal, state or local body, agency, department, bureau, division, office or any subpart thereof. INTERROGATORY NO. 1: Please state the name, business address and the title or office of the person(s) answering these interrogatories for Defendant. RESPONSE: INTERROGATORY NO. 2: Respectfully submitted, By: ________________________________ Attorneys Name Attorney for Defendant, Jon Doe Dated: May 25, 2012 PROOF OF SERVICE I hereby certify that on DATE a copy of the foregoing Plaintiff’s Frist Set of Interrogatories to Defendant was sent via ordinary U.S. Mail to Jackson Trust, 432 Fifth St, Blackacre, Minnesota, 18181, Attorney for Plaintiff. __________________________________ Attorney Name Attorney for Defendant
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Explanation & Answer

Here are the interrogatory questions. If you noticed, these questions are similar to other interrogatory questions from defendant for plaintiff in automobile accident.Most of the questions came from GEICO from the form contract my insurance agent provided. I didn't include the works cited page, but if the professor asks, it is this:GEICO (2016). Automobile insurance contract - sample.

IN THE COURT OF COMMON PLEAS
BLACKACRE

XXXX

*

Case No.

*

Judge

Plaintiff
*
*

PLAINTIFF’S FIRST SET OF
INTERROGATORIES TO DEFENDANT

*

Attorney contact information goes here:

v.
XXXX
Defendant
*
*
*
*
*
*
*
*
*
*
TO DEFENDANT: Name of Defendant:

*

*

*

*

Now comes the Plaintiff and propounds the following interrogatories, which are to be
answered by the defendant under oath within twenty-eight (28) days of the service hereof pursuant
to Rules 26 and 33, of the Blackacre Rules of Civil Procedure.
INSTRUCTIONS
1.)

In answering these interrogatories, Defendant must furnish all requested information,

not subject to a valid objection, that is known by, possessed by, or available to Defendant or any
of Defendant’s attorneys, consultants, representatives, agents, and all others acting on behalf of
defendant.

2.)

If Defendant is unable to answer fully any of these interrogatories, Defendant must

answer then to the fullest extent possible, specifying the reason(s) for Defendant’s inability to
answer the remainder and stating whatever information, knowledge or belief Defendant has
concerning the unanswerable portion. An evasive or incomplete answer may be deemed to be a
failure to answer, and may render Defendant and Defendant’s attorneys liable for the expenses of
a motion to compel responsible or complete answer, including reasonable attorney fees.
3.)

Each subpart of a numbered interrogatory is to be considered a separate interro...


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