PARA1 Test 2 COMPLETE
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Feb 20, 2024
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Test Two
Section One
1. C.
It is improper for Joe to assume these responsibilities as he may not sign documents using Dan's name. ABA 4.1
2. B.
She does not inform the authorities of the perjury. ABA 3.3
3. B.
1 and 2, but not 3 ABA 1.15
4. D.
No, because Jeremiah reasonably believes the indictment is defective. ABA 3.6
5. C.
Yes, because Pete took advantage of Sally while under the influence of alcohol. ABA 8.4
Section Two
1.
(a) Yes, this is a valid contract between Joe, the homeowner and the insurance company. Acting on behalf of the insurance company, Leroy issued the homeowners insurance policy to Joe in exchange of the payment of $500. (b) I think that Joe could argue that there is a breach of contract but the insurance company will also have the opportunity to contest it. It was breached
because Joe paid for a homeowners insurance policy. As a representative of this large insurance company, Leroy should have taken the extra step to explain
the policy to Joe when he provided him the policy. But on the other hand, Joe didn’t specifically ask for a homeowners insurance policy that covers the water damages. He also didn’t do his due diligence to review the policy to ensure it covered the water damages. 2.
(a) No, Jill does indeed provide Jack an offer. She even sweetens the deal by stating that the beans are magical with the opportunity to grow eight ears of corn per bean in less than two weeks. But, Jack does not accept the offer in any
way; in fact, after the two weeks, he sees that her beans did not produce to what she has stated and refuses. Jacks refusal to her offer or demand does not make a contract.
(b) No, there was no contract because Jack never agreed or accepted Jill’s offer.
3.
(a) Yes, this is an oral contract between the three law students and the landlord.
An oral contract is a legally binding agreement that is made verbally rather than
in writing.
(b) Yes, the contract was breached. The law students agreed to pay $900 a month in rent to the landlord for a total of six months, but after three months, they stopped paying rent. Even though the contract is not in writing, both parties verbally agreed making it legally binding for the three law students to pay the rent for the total of six months.
4.
(a) No, because the person offering to buy the neighbors car is younger than 18.
We generally don’t let minors enter into contracts.
(b) If both parties agreed to the terms of the contract (even if the offeror is a minor), then yes, there would be an argument for breach of contract if the
neighbor sells if to someone else for $100 more. If the neighbor who is 18-
years-old never agreed to sell his car to the 17-year-old neighbor, then there is no contract because the 18-year-old did not accept the offer; therefore no breach of contract. 5.
(a) Yes, a verbal contract took place through the phone call between the band manager and the massage therapist.
(b) No, the agreement was for the massage therapist to offer her services immediately after the last scheduled tour. The whole tour was cancelled before
it had even started and on the condition of a member being getting sick. 6.
(a) Yes. Although the inventor’s reply said for prompt acceptance, it doesn’t specifically detail how long the new price of $39.99 per unit is good for. Therefore, the inventor should honor the order at the discounted price.
7.
If the friend were to sue the gambler, he would have to willfully admit the facts of the agreement such as lending the $5,000 on the terms that the gambler bet half of it on the friend’s behalf. This would have him admitting to taking part in illegal activities and therefore no one would prevail. 8.
Yes. If the funds were sent then there must have been some form of communication from the investor providing the dealer with the bank information, even if this is not stated anywhere in the text provided.
9.
(a) No, I do not think there was a valid contract between the girlfriend and boyfriend. The girlfriend made a very broad statement which was during a time
that she was horrorfied and likely not with the mental/emotional capacity to be making such statements. Based the scenario on the text provided, there is no contract since there is no communication or form of acceptance of the “offer” from the boyfriend. (b) The student/girlfriend can argue the boyfriend’s assumption that her dad had a heart attack. The subsequent investigation revealed that the accident was solely caused by a defect in the steering mechanism of the van which would mean of no fault to the student’ dad. The boyfriend should go after the company that made the steering mechanism of the van. Also, as I mentioned, she was traumatized from the accident and immediate statement of “I’ll make god any losses you suffer because of this accident,” should not be assumed as a
contract since she was not in a and the text does not state the boyfriend accepting the her “offer.”
10.
(a) There is no contract since the owner provide a text stating that he changed his mind and the car was no longer for sale. Therefore, the owner was no longer an offeror. (b) There was no agreed upon contract or offer which means there was no breach. Section Three
Short answer exercise. Section Four
1.
Rule/Canon:
Model Rule 5.3; Canon 2
Violation:
Submitting/sending discovery requests without having the supervising attorney review, revise, and sign off for submission. A paralegal must not perform any of the duties that attorneys only may perform or take any
actions that attorneys may not take.
Correction:
Remind the supervising attorney that I cannot/should not submit the discovery without him reviewing and approving them for sending them out.
2.
Rule/Canon:
Model Rule 1.6; Canon 7; EC-1.5
Violation:
Gossiping about a client in a public/open space such as the waiting area. This is a violation of the client/attorney privilege.
Correction:
The employees should be reminded not to discuss/gossip about client information especially in the waiting area where other people and clients can hear.
3.
Rule/Canon: Canon 6; EC-1.2(c); EC-1.2(d); EC-1.2(f)
Violation:
The paralegal is conducting fraudulent billing practices for the benefit of a bonus. She is not preparing billing records in an accurate, honest practice.
Correction:
As a fellow paralegal, if I became aware of the situation, I would now be held responsible for advising the proper authority of her actions that clearly demonstrate fraud, deceit, dishonesty, or misrepresentation. Failure to report such knowledge is in itself misconduct and I may now be subject to disciplinary actions.
4.
Rule/Canon: Model Rule 1.3 and 1.4 Violation:
The supervising attorney is not returning telephone calls with reasonable diligence and promptness to the client they are representing.
Correction:
I can assist the supervising attorney in scheduling time to return phone calls to clients and ensure that the supervising attorney is diligently maintaining communication with clients.
5.
Rule/Canon: Rule 5.3;
EC-1.1(a) ; Canon 3 and 6
Violation:
The supervising attorney is assigning a task to me that is not compatible with professional obligations. The supervising attorney shall be held
responsible for ensuring that I have prepared a document thoroughly and correctly. Correction:
Through education, training, and work experience I should learn how to prepare the document and ensure that the supervising attorney reviews my work as they assume professional responsibility for my work. 6.
Rule/Canon: Rule 5.3;
Canon 2, EC-1.8
Violation:
The paralegal is not permitted to give legal advise. This is the duty of the attorney. Correction:
I would have to inform the supervising attorney so that they can intervene to remind the paralegal that they should not give legal advice/opinion.
7.
Rule/Canon: Rule 5.3;
EC-1.1,
EC-1.3(b) ; Canon 10
Violation: Skipping a seminar paid by the attorney is engaging in conduct that adversely affects their fitness to practice. This is a violation of professionalism, honesty, and proper use of employer resources.
Correction:
I should inform my supervisor or another appropriate authority about the other employee’s plan. 8. Rule/Canon: Rule 5.3;
EC-1.2; Canon 9
Violation: Signing as a witness to something that I clearly was not a witness to is a direct misconduct to EC 1.2 of maintaining a high level of personal and professional integrity. Correction:
I should tell my supervising attorney that I cannot sign the document as it violates the ethics.
9.
Rule/Canon: Rule 1.6;
Canon 4
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Violation: This could be a violation of client/attorney privilege if the client doesn’t disclose this information to the attorney. As I have now overheard it, I must use discretion and professional judgement
that does not render the independent legal judgement in place of an attorney.
Correction:
I should inform the attorney or other appropriate authority.
10.
Rule/Canon: Violation: Correction:
Section five:
Please explain why you think placing unearned client funds in an office operating account would not be ethical and would not be safe practice. Please
explain how you would handle the situation if you began working for an attorney who routinely placed client funds in an office operating account.
Section Three
10 points
Answer the questions below based solely
on the information provided in Chapter 5, The Big Three: Categories of Law
in
Paralegal Career for Dummies,
and Pgs. 10 and 11 in
Workbook.
Remember to properly cite these sources and the corresponding page number to fully support each response. Do not conduct any outside research or consult any other sources for this assignment.
1. While pulling out of her driveway, Bethany becomes distracted by a bee and strikes Melanie, who is riding past on a bicycle. Bethany suffers serious injury as a result
of the accident while Melanie is uninjured. Do these facts provide a basis for a valid negligence claim? Why or why not?
2.
Bases are loaded and K.C.’s at bat during Company B’s annual picnic.
K.C. pops a fly ball deep into left field and Larry springs from third base, knocking Mary off her feet as he slides home safe. Mary suffers a severe fracture as a result.
Is Mary’s claim for assault and battery likely to succeed? Why or why not?
3.
During a Sigma Pi Rho fraternity party, inebriated Marty passes out. Practical joker Jake ties Marty to the bed, applies heavy make-up to his face, photographs the scene with his cell phone, and then promptly passes out himself. Marty awakens early the next morning with an urgent need to use the restroom, but is unable to rouse Jake from his drunken stupor until late in the afternoon. A humiliated and hysterical Marty soils the bed and destroys the bed frame trying to get loose. Can Marty file a tort claim?
If so, what type of tort would this involve? If not, please explain your answer.
4.
Stuart and Lewis are enjoying dinner at Stuart’s apartment when an argument ensues over an incident that took place back in high school. In his anger, Lewis yells, “You’re a sniveling coward, Stuart! You’ve always been a coward!”
Does Stuart have a valid claim for defamation? Why or why not?
5.
Becky’s neighbor’s barking dog, Butch, is left outside for 8 hours daily while the neighbors are at work. Butch barks when he’s ready to go inside and continues barking until someone lets him in. Butch barks when he hears a loud noise, when he sees
or hears someone walking or talking. When Butch’s owner is at home, he constantly yells at Butch to shut up.
Due to the relentless yapping and shouting, Becky cannot tolerate spending any time in her yard. As a result, her once-beautiful garden is nothing but weeds, her pool sits unused in the sweltering summer heat, her tenant has given notice, and Becky has become anxious and depressed. Identify the tort most closely associated with this fact pattern, and discuss any potential remedies Becky may seek through the courts.
6.
Stanley fears for his life when Victor, his life-long enemy, threatens to pull out a gun and shoot both Stanley and his dog.
Is there a valid tort here? Why or why not?
7.
A city ordinance stipulates that all bicycle riders must wear a helmet. Bethany
decides to enjoy a cigarette during a leisurely Sunday morning bike ride. As she goes to light the smoke, the chin strap on the helmet pops loose causing her to crash into Melanie, who is enjoying an enormous lead in the annual town-sponsored 5K run. No one is seriously injured, no property is damaged, and the 5K does not offer any sort of prize, but Bethany later learns that the bicycle helmet has been recalled due to a defective chin strap lock which has caused several hundred serious injuries throughout the country, including 22 fatalities. Does this scenario present a valid tort claim involving Melanie and/or Bethany? Why or why not? Please base your answer solely on the facts provided, and what you’ve learned about negligence, strict liability, product liability, joint and several liability, and contributory and comparative negligence from this
week’s assigned reading.
8.
The neighborhood wizard persuades local hobbit, Frodo Baggins, to travel across the country and cast an evil, magic ring back into the fiery chasm from whence it came.
Samwise, employed by Mr. Baggins as a gardener, will accompany Frodo, providing assistance, support and moral fortitude along the way. Sam chooses to forego his normal gardener’s salary of 2 pennies paid bi-weekly, and instead, joins the quest out
of loyalty and friendship.
After a long, arduous and often harrowing journey, Sam and Frodo find themselves at the very fires of Mount Doom. During a vicious fight for Frodo’s
innocence, and the very freedom of Middle Earth, Sam causes the death of Smeagol.
As Samwise’s employer, and more significantly, heir to the estate of one Bilbo Baggins (rumored to be worth a fortune and approaching 130 years of age) Frodo is named as co-
defendant when Smeagol's surviving family members file suit against Sam for
negligence, wrongful death, and emotional distress. Is Frodo likely to be held liable under the doctrine of
respondeat superior
? Why or why not?
9.
While riding her bicycle without a helmet, a bee flies into Melanie’s ear. As a result, the bike swerves off course and runs into Bethany’s car as she is backing out of a driveway.
Both women are injured severely enough to require medical attention and to preclude their ability to work for at least six weeks. Discuss the elements of negligence (duty, breach of duty, proximate cause and damages) as they pertain to each party in this situation.
10.
A bengal tiger has been removed from a carnival owner due to neglect and mistreatment. A local petting zoo agrees to temporarily accommodate the tiger - affectionately named Benny - until the SPCA can clear out and repair their only appropriate shelter. Veterinary student, Peter, promptly volunteers to care for Benny, providing food, water, and some limited, and badly-needed, medical and dental care. Based on what we have learned about torts this week, please discuss factors that should be considered by the petting zoo consider before accepting Peter’s offer?
Section Five
5 points
Directions:
Complete Exercise 8 in the Workbook.
Cite the applicable rule number/s.
Please explain why you think placing unearned client funds in an office operating account would not be ethical and would not be safe practice. Please
explain how you would handle the situation if you began working for an attorney who routinely placed client funds in an office operating account.
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