Mai hires Siena who holds herself out to be a lawyer. Siena never went to law school and never passes the bar exam. Mai relied upon the “legal” advice that Siena gave her and suffered damages because it was incorrect. However, most people who weren’t attorneys would have given the same advice that Siena gave. Mai sues Siena for malpractice and Siena argues that since she wasn’t really a lawyer, she can’t be held to the same standards as a lawyer would be. Who wins? Why?
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- Mai hires Siena who holds herself out to be a lawyer. Siena never went to law school and never passes the bar exam. Mai relied upon the “legal” advice that Siena gave her and suffered damages because it was incorrect. However, most people who weren’t attorneys would have given the same advice that Siena gave. Mai sues Siena for malpractice and Siena argues that since she wasn’t really a lawyer, she can’t be held to the same standards as a lawyer would be. Who wins? Why?
In this discussion, we explore a case where Mai seeks counsel from Siena, who holds herself out as a lawyer despite lacking the requisite legal qualifications. When the advice provided by Siena leads to unfavorable outcomes for Mai, a lawsuit ensues.
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- Henry is driving his car when suddenly the brakes fail. He is unable to stop and crashes into a motor cycle ridden by Susan who is not wearing an helmet. The motor cycle is damaged and Susan is severely injured. Using at least two decided cases, advice all parties of their legal positions in civil law. B. Distinguish between assault and battery. Use appropriate examples and case law to substantiate your answer.You own a small business in Baldwin County, Georgia. One of your employees got busted out at Lake Sinclair (county jurisdiction, NOT city) for a first drug violation, which is considered a misdemeanor. Though you do not condone being high the job, you want to be there to support him. (1) What court would he appear in for his arraignment in Baldwin County (identify the court and the name of the judge)?Renee protests in front of a law firm's office building because she is convinced that one of the firm's lawyers horribly mistreated her. Renee tells a potential client who is entering the firm. "don't waste your time"; and she also implores that this person "seek another lawyer because the associate lawyer who represented me was and is a jerk." The potential client walks in anyway, as do many other customers. The law firm sues Renee and asks the court to grant injunctive relief that is, to stop Renee from protesting in front of its office building. Is the claim likely to succeed? O No, because the statement does not defame the business or prevent customers from being able to visit the business. Yes, because there is no absolute right to protest against a privately-owned business. O Yes, because the potential client unable to secure legal advice due to the protests. O No, because Renee has a First Amendment right to say whatever she wants about the business. O Yes, because Renee's…
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- Alden had her car radiator repaired by Smokey Garage for $125. She was not happy with the results and decided to sue the garage owner to get her money back. In what court would her case most likely be heard? Why?Koh, a California resident, won a judgment in California of $240,000 against Inno-Pacific Holdings, Ltd., a Singapore company, but Inno-Pacific did not pay the judgment. Koh discovered that the company had an interest in land in Washington State, so he filed suit in Washington to seize the property to satisfy his judgment. The trial court in Washington dismissed the suit, because it lacked personal jurisdiction over Inno-Pacific. Koh appealed. On what basis could the Washington court have jurisdiction?Rose is recovering from recent abdominal surgery and is suffering from intense pain. She has an MRI, which shows surgical gauze left in her abdomen. Rose may sue under O O O O a. strict liability. b. res ipsa loquitur. c. product liability. d. an intentional tort.
- Rim Corporation makes tire rims that it sells to Superior Vehicles, Inc., which installs them on cars. One set ofrims is defective, which an inspection would reveal. Superior does not inspect the rims. The car with the defectiverims is sold to Town Auto Sales, which sells the car toUri. Soon, the car is in an accident caused by the defective rims, and Uri is injured. Is Superior Vehicles liable?Explain your answer. (See Strict Product Liability.)In business, what is the purpose of discovery and what methods of discovery are used in a lawsuit?Aa