Para1 BB3 COMPLETE
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California State University, San Marcos *
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MISC
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Law
Date
Feb 20, 2024
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Complete the following exercises in Statsky 8th Edition:
§ Assignment 7.1 Element Identification Assignment (pg. 359 in the printed book, pg. 364 in the e-book)
a.
§ 200. Parties to a child custody dispute shall attempt mediation before seeking a
custody order from the court.
1.
Parties to
2.
A child custody dispute
3.
Shall attempt mediation before
b.
§ 75(b). Lawyers shall not enter into a business transaction with a client if they have differing interests therein and if the client expects the lawyer to exercise his or her professional judgment therein for the protection of the client.
1.
Lawyers
2.
clients
3.
differing interests therein
4.
Client expects lawyer
5.
exercise his or her professional judgment
6.
the protection of the client
c.
§ 38. A person or agency suing or being sued in an official public capacity is not required to execute a bond as a condition for relief under this section unless required by the court in its discretion.
1.
A person or agency
2.
suing or being sued
3.
official public capacity
4.
condition for relief under this section
5.
unless required by the court in its discretion
d.
§ 1.2. A lawyer may not permit his or her paralegal to represent a client in litigation or other adversary proceedings or to perform otherwise prohibited functions unless authorized by statute, court rule or decision, administrative rule or regulation, or custody practice.
1.
Lawyer
2.
permit
3.
his or her paralegal
4.
Represent a client in litigation or other adversary proceedings
5.
perform otherwise prohibited functions
6.
unless authorized by
1.
statute,
2.
court rule or decision,
3.
administrative rule or regulation,
4.
or custody practice.
e.
§ 179(a)(7). If at any time it is determined that application of best available control technology by 1988 will not assure protection of public water supplies, agricultural and industrial uses, and the protection and propagation of fish, shellfish, and wildlife and allow recreational activities in and on the water, additional effluent limitations must be established to assure attainment or maintenance of water quality. In setting such limitations, the Environmental Protection Agency must consider the relationship of the economic and social costs of their achievement, including any economic or social dislocation in the affected community or communities, the social and economic benefits to be obtained, and determine whether or not such effluent limitations can be implemented with available technology or other alternative control strategies.
1.
Determined that application of best available technology by 1988
2.
not assure protection
3.
assure attainment or maintenance of water quality
4.
The environmental protection agency
5.
Consider economic and social dislocation, social and economic benefits
6.
available technology or other alternative control strategies.
§ Assignment 7.2 Issue Phrasing (pg. 359 in the printed book, pg. 364 in the e-book)
a.
Shorthand: Does § 92(b) apply? Is Tom the operator of the vehicle if he is pushing it?
Comprehensive: Is Tom the operator of the vehicle under § 92(b) if he is outside of the vehicle pushing it while it has an engine that will not run?
(b) Shorthand: Was 20(d) violated? Is it confidential if Paul has told other employees?
Comprehensive: Did Harry violate 20(d) if Paul had already told other employees of his fraud arrest?
(c) Shorthand: Have the Jones violated §77? Should the Jones have had a lock on their fence?
Comprehensive: If the Jones had a lock on their fence, would there have been a violation of §77?
(d) Shorthand: Was § 17(c) violated? Did Dr. Jones sell drugs to a minor?
Comprehensive: If Dr. Jones didn’t charge Mary anything for the prescription, did Dr. Jones violate § 17(c)?
(e)Shorthand: Was § 43 violated? Did Victor’s Little Secret dilute the Victoria’s Secret brand?
Comprehensive: Was §43 violated if Victor’s Little Secret diluted the brand? Is the name of the two stores close enough to cause a large harm to the multinational company’s image?
§ Assignment 7.3 Elements: Broad/Narrow Definitions Assignment (pg. 359-360 in the printed book, pg. 364 in the e-book)
(a) Ambiguous Elements of Contention for §101 - At least one passenger with the driver
Narrow definition: The carpool lane is only for cars with at least one passenger with a seat belt.
Broad definition: Carpool is for when there are two people in the car.
Alice would side for the broad definition to argue that her baby whom she is carrying within her is considered a passenger.
(b) Ambiguous Elements of Contention for §55 - stealing property
Narrow definition: Stealing is taking another person’s property away from their dwelling.
Broad definition: Stealing will be charged as a felon.
Mary would side with the narrow definition as it details taking another’s personal property away from their dwelling. Mary did not leave the vehicle with the $20. In fact, she claimed that it was her own money with no proof of her stealing for being in the vehicle for the purpose to steal, so no intent to steal.
Assignment 7.4 Factor Analysis (pg. 360 in the printed book, pg. 364 in the e-book)
The damage caused by Charles was not foreseeable. Charles’ car had crashed into the
parked car because of the oil in the road that caused his car to skid. In this scenario, it was late in the evening just after rush hour where it could have been too dark to see the
road or the road was filled with many cars from rush hour, so this could be the reason why Charles did not anticipate or see the oil on the road. Other factors that are needed
for further investigation could be the following
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1.
How fast was Charles driving before he abruptly stopped?
2.
Weather conditions such as fog or rain
3.
Charles’ physical or mental state (i.e. intoxicated? Tired? Good vision?
§ Assignment 7.7 Similarities, Differences & Fact Gaps Assignment ( pg. 360 in the printed book, pg. 364 in the e-book.
a.
Factual Similarities: Damage to a third party, unexpected circumstances while driving, accidents, being sued for negligence
Factual Differences: Jim - driving a car, hit a fence, night time. Mary - driving a motorcycle, hit a pedestrian, riding in the day time.
Gaps: how fast was Mary riding? What was the road condition for Mary?
b.
Factual Similarities: state charging the parent for child neglect of minor children, single parents
Factual Differences:
Helen has one child, neglect due to David being alone. Neglect was caused by Helen being away at work and leaving David in the care of the neighbor who ended up in hospital for several days. State wanting to take child away from Helen.
Bob has two children with neglect due to several injuries to one of the children. Neglect was caused by Bob accidentally falling on child. Stating wanting to place
children in foster care.
Gaps: Was Helen notified by neighbor when they had to go to the hospital? Does Helen have any other child care plans or contingencies.