Chapter 6

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Keiser University *

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2203

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Civil Engineering

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Feb 20, 2024

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Daphne Jerez Civil Litigation February 16,2024 Chapter 6 - Assignment 2 DISCOVERY PLAN o During the discovery process, the following questions would need to be answered: o Who manages the computers, networks, and other electronic devices used by the firm? o What programs and softwares are used? o How does communication take place, such as instant messaging or internal e-mail? o How are documents created, transmitted, and stored? o What system is used to back up the firm’s critical information? o Who within the company structure has access to which programs, files and other information? o Who outside the firm has access to this information? o What security features are in place to limited access? o Who performs maintenance and repair services? o What is the document retention and destruction policy? Chapter 7 – Assignment 1 TIMELINE February 11th, 2009 15:44 (EST) – the captain completed a two-day trip sequence 19:51 (PST) - the first officer began her commute from her home near Seattle, Washington to EWR at Memphis, Tennessee February 12", 2009 06:23 - the first officer arrived at Memphis, Tennessee 13:30 - the sana dearfie if tie both ana i lans ce rom time of 53 minutes 18:53 - first officer saw the Flight 3407 captain and first officer walking toward to accident airplane 18:54 - the airplane, Flight 3407, N200WQ, arrived 19:30 - departure clearance 1. 45 - pushback from the gate 2. 30:28 - ground controller provided taxi instructions for the flight 3. 18:23 - cleared for takeoff 21:34:44 - airplane reached its cruising altitude of 16,000 feet 21:49:18 - the CVR recorded the captain making a sound similar to a yawn 21:53:40 - the officer briefed the airspeeds for landing
21:56:26 - the first officer stated, "might be easier on my ears if we start going down sooner" 21:56:36 - the captain instructed the first officer to get discretion to 12,000 feet 22:03:38 - the discretion was cleared to be lowered to 11,000 feet and the Cleveland Center controller instructed the flight crew to contact BUF approach control. The first officer acknowledged the instructions. 22:04:16 - the captain began the approach briefing 22:05:01 - the approach controller cleared the flight crew to descend and maintain 6,000 feet. The first officer acknowledged the clearance. 22:06:37 - the airplane descended through 10,000 feet 22:07:14 - the CVR recorded the first officer making a sound similar to a yawn 22:08:41 and 22:09:12 - the approach controller cleared the flight to descended and maintain 5,000 feet and 4,000 feet. The first officer acknowledged the clearances. 22:10:23 - the first officer asked whether ice had been accumulating on the windshield, and the captain replied that ice was present on his side of the windshield and asked whether ice was present on her windshield side. 22:12:18 - the approach controller cleared the flight crew to descend and maintain 2,300 feet, and the first officer acknowledged the clearance. 22:12:44 - the approach controller cleared the flight crew to turn left onto a heading of 330 degrees 22:13:25 and 22:13:36 - captain called for descend and approach checklists 22:14:09 - the approach controller cleared the flight crew to turn left onto heading of 310 degrees 22:14:30 - the airspeed was about 180 knots 22:15:06 - the captain called for flaps to be moved to the 5-degree position. The CVR recorded a sound similar to flap handle movement. 22:16:00 - the engine power levers were reduced 22:16:02 - both engines torque values were at minimum thrust 22:16:21 - the first officer told the captain that the gear was down 22:16:27.4 - the CVR recorded a sound similar to a stick shaker 22:16:27.8 - FDR data showed that the control columns were moved, and the engine power levers were advanced 22:16:34 - the stick pusher activated and flaps 0 was selected 22:16:37 - the first officer told the captain that she had put the flaps up 22:16:38 - FDR data confirmed that the flaps had begun to retract 22:16:40 - the stick pusher activated again 22:16:42 - the CVR recorded the captain making a grunting sound 22:16:50 - the stick shifter activated for the third time 22:16:52 - the flaps were fully retracted, and the captain was recorded on the CVR saying "we're down" and a sound of a thump 22:16:54 - recording ended 22:17 - Continental Connection Flight 3407 crashed (the airplane impacted a single-family home, and a post-crash fire ensued.)
INVESTIGATION PLAN Interview the following people: o All the employees that were present in the Colgan’s crew room on February 12 th , 2009 o First officer from flight 3407 (the first officer that saw the captain and the first officer walks towards an accident airplane) o Ground controllers o Cleveland Center Control o BUF Approach Control While interviewing the parties involved and all of the witnesses, take notes of any additional parties and witnesses that would potentially need to be interviewed as well. Next, have the location of the accident investigated, and have physical evidence (photographs, statements, etcetera) of the accident. Get the FDR data and the CVR recordings for further investigation and use them as proof. Perform initial interviews and add one or more (as needed) expert witnesses to the investigation checklist. Chapter 7 - Assignment 2 INVESTIGATION CHECKLIST Client Information o Client name o Phone ( home,work,cell) o Current Address o Prior Address(es) o Date of Birth o Place of Birth o Social Security No. o Owner and type of Motor Vehicle o Insurance CO. o Policy Number o Insurance Company Contact (phone) o Phone o Date of Incident o Time of Day o Weather Conditions o Location of Incident o City, State o County o Municipality o Opposing party o Address
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o Owner and Type of Vehicle o Insurance CO o Policy Number Fact witnesses o Name o Address o Name o Address o Name o Address o Name of Ambulance o Name of Hospital o Police report issues o Copy ordered o Photographs of scene taken o Name of treating physicians Expert Witnesses o Name o Address o Name o Address o Summary of cause of action Chapter 8 - Assignment 1 All of the offices that work on the same case must keep one another informed. Having a plan and dividing and assigning duties will eliminate duplication. Also, the paralegal must update everything in the case management program on time, and make sure that there are no duplicates. Chapter 8 – Assignment 2 Scheduling meetings to go over the cases and using a case management program provides effective coordination where there are multiple parties working on the same cases in different locations. Chapter 9 – Assignment 1 A paralegal may not appear before the court because it is unauthorized practice of law. However, there are many exceptions to this rule. Administrative law is one practice area that permits paralegals to represent the firm's clients, but the court must authorize this action. Chapter 10 - Assignment 1 To ensure that no deadlines are missed, the paralegal must enter all of the important dates and events into the case management program that the law firm is using to manage their cases.
Chapter 10 - Assignment 2 It is a paralegal responsibility to prepare a timeline for filing dates and response dates, but this must be done under a supervising attorney just as anything else that a paralegal performs.