Hilary Case

Assignment 2: Hilary CaseDue Week 8 and worth 200 pointsReview the case file titled â??Hilary Case,” found below these instructions.Write a five to six (5-6) page paper in which you:Draft a legal memorandum in which you discuss the likelihood of a successfully legal recovery by your client who is the plaintiff.Write a summary of the main activities that you, as the paralegal, need to take in order to prepare the Hilary Case for trial. Describe two (2) issues you might encounter as you prepare your case that would cause you to reach out to the supervising attorney for help.Draft a letter to the supervising attorney in which you describe a possible settlement of the Hilary Case and set out reasons why the client should accept it.Use at least two (2) quality references. Note: Wikipedia and other Websites do not quality as academic resources.Your assignment must follow these formatting requirements:Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA or school-specific format. Check with your professor for any additional instructions.Include a cover page containing the title of the assignment, the studentâ??s name, the professorâ??s name, the course title, and the date. The cover page and the reference page are not included in the required page length. The specific course learning outcomes associated with this assignment are:Use the rules for citation form for primary and secondary authorities as well as the use of signals such as id., supra, infra, etc.Analyze what paralegals do, the career choices available to paralegals, their role in the legal profession, and the need for continuing education and training.Examine the paralegal workplace, tasks, and functions of a paralegal and accounting procedures in the law office.Use technology and information resources to research issues in paralegal studies.Write clearly and concisely about paralegal studies using proper writing mechanics.DOWNLOADABLE OUTLINE FOR YOUR PAPERBefore you download this Outline, please read the directions for the Assignment that are detailed above. Then use this document to help you organize your thoughts and presentation. Outline of Issues to Cover(1).docx DIRECTIONS ON HOW TO PRESENT YOUR ANALYSISA student had sent me several questions about the Assignment. I thought it would be helpful to answer them here so that everyone will have the benefit of my responses. Are the medical bill, notice of intent to obtain records, the nurse’s report, the incident report and the subpoenas the only documents available in the case?Yes. You should use them to develop your analysis of the case. In many situations when your client first comes to see your firm, there will not be very much information and you will need to begin to develop a strategy of how you will proceed. It may raise more questions than answers but you should be able to begin to formulate some legal theories about what the case looks like (what possible legal claims can be made, what facts support such a claim, what facts still need to be developed) and what directions you want to pursue.Issue one: does successful recovery refer to medical recovery from the cuts and bruises or the economic and compensatory damages recovery in the form of money if the case is won? â??Recoveryâ? does not refer to the medical recovery but rather refers to the legal issues â?? from a legal perspective, what if anything can you possibly recover from the other party if you were to proceed to a civil suit lawsuit and trial. For example, which legal claims would you make, what are the elements of those claims, and which facts support those claims; what types of legal recovery could you seek to obtain (e.g., money, injunction, etc.)Issue two: does it refer to obtaining the additional documentation needed or do we have to name the steps based on the limited information we have? It can be both. A thorough answer will discuss not only the steps that you need to do next, but also the types of information that are missing or that you want to develop next. Here you can use your analytical skills and your understanding of the claims being asserted to figure out what additional information you think would help your client to win their case and what particular activities you would undertake to get that information. You can also discuss other activities or steps that you would take to get ready for trial. Think back to what is involved in the discovery phase and also the differing roles of the attorney and the paralegal in preparing for a trial that were raised in Assignment 1.Issue four: does it refer to warning the attorney about the chances of losing the case because the weapon was not found? This question is basically asking you to look at the strengths and weaknesses of your case, and then to figure out why you think that a settlement might be in your clientâ??s best interest. Having decided that a settlement might be better than going to a trial, what arguments would you make to explain to the attorney why he/she should consider settlement â?? i.e., what are the legal and factual strengths and weaknesses of the whole process of settlement versus trial and of your particular case that on balance make it a good idea to at least try for a settlement. Therefore, for example, the presence or absence of a gun may be important to consider depending on the legal claims you are going to assert â?? while it may be very important to locate the gun for a criminal case, it may not be as critical in a civil case; your assessment of the value of the gun will then help you to explain whether it is important to settle the case before going to trial.
outline_of_issues_to_cover_1_.docx

school_incident_report_case3.doc

Don't use plagiarized sources. Get Your Custom Essay on
Hilary Case
Just from $13/Page
Order Essay

subpoena_obtain_records_hilary_case3.doc

notice_intent_obtain_records_hilary_case3.doc

nurse_report_search_case_3_1.doc

Unformatted Attachment Preview

ASSIGNMENT 2
1.
Draft a legal memorandum in which you discuss the likelihood of a successfully recovery by your
client.
What particular tort or torts can your client claim
What are the elements of the legal claim that must be proven
What are the facts that support or weaken your clientâ??s case
2.
Write a summary of the main steps that you, as the paralegal, need to take in order to prepare the
Hilary Case for trial.
What are the processes or activities that you will need to conduct so that you are ready for a trial
What do you need to do or have someone else do (e.g., prepare motion, subpoena, discovery
request)
3.
Describe two (2) issues that would cause you to reach out to the supervising attorney for help.
Substantively â?? do you need more particular facts â?? which and why
are there other parties whom you need to interview; include as parties â?? who and
why
is there additional legal analysis, experts, information that you need â?? what and
why
4.
Draft a letter to the supervising attorney in which you recommend the settlement of the Hilary Case.
Why are you recommending settlement? – What are the strong or weak points that the client
needs to understand as reasons for compromising a settlement
Use at least two (2) quality references. Note: Wikipedia and other Websites do not quality as academic
resources.
Lower Council High School
Lower Council School District
STUDENT ACCIDENT REPORT FORM
Instructions: This form must be completed for any accidents involving a student during school hours or
occurring during the hours before and after school hours when students are known to be on school
property. This form should also be used for incidents off school property when the incident occurs during a
school-sponsor event. This form, when completed, should be filed in the Office of the Vice Principal.
Staff completing Report:
Date and Time of Incident:
Ron Clemmons, Bus Driver
April 3, 2011 at 3:20 p.m.
Location of Incident: ___School building __School grounds
___Other (provide detail here)
X School bus
SECTION ONE â?? STUDENT INFORMATION
Name: Davis Hilary
Sex: M F
Age: 15
Grade: 10th
Home Address: 334 Wireman Road Apt 3A, Lower Council, New State 03900
SECTION TWO â?? ACCIDENT
1. Describe the accident in detail:
Student was prevented from exiting the school bus at his usual stop by Bobby Jones, an 11th
grader who held him down and threatened him according to witnesses. One witness, a younger
student named Melissa, claimed that she observed a knife in Bobbyâ??s hand.
2. Describe the studentâ??s activities at the time of the accident:
The student was attempting to exit the school bus.
3. What was the location of the accident?
The accident occurred on the School Bus as it was on the home-bound route.
4. Identify the studentâ??s injuries in detail:
The student suffered cuts and bruises and seemed hysterical. He was crying loudly and
bleeding.
5. Was anyone else injured in this incident? (If so, a separate form must be completed for each person
injured.)
Yes___(If yes, what are the names of the other injured individuals?)___________________
No _X_
6. Person in charge when accident occurred (Name and Title):
Ron Clemmons, Bus Driver
7. Actions taken following the accident:
Bobby Jones was removed from the bus by police and restrained. A search was conduct by the
school nurse and no knife was found on Bobby Jones. He was then taken back to the high
school.
8. If the student was sent to the hospital:
â?¢ Was the student taken to the hospital by ambulance? Yes
No
â?¢ If so, name of person who called for the ambulance: Not applicable
â?¢ If no ambulance was called, identify who transported the student to the hospital: Not applicable
â?¢ Name of hospital: Not applicable
â?¢ Other medical treatment provided: The victimâ??s mother indicated that she was taking him to
his pediatrician after she picked him at the incident site.
9. Identify who notified the studentâ??s parents, the time of the notification and the result:
Davisâ??s classmate, Melissa Jones called his mother who arrived at the scene of the incident
immediately.
10. Other information relevant to this incident:
None
Ron Clemmons, Bus Driver
Signature and Tile
Davis Hilary, a minor, by his
Parent and guardian,
Katy Hilary
Plaintiff
v.
Bobby Jones,
Ronald Clemmons,
Lower Council School District,
Defendants
:No.: 24-1432
:
:
:
Attorney ID No. 124987
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.22
TO:
Dr Lee
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
All medical records and billings for the treatment of Davis Hilary, a minor.
Date: September 14, 2011
John Morris
John Morris
Attorney for Defendants
Davis Hilary, a minor, by his
Parent and guardian,
Katy Hilary
Plaintiff
v.
Bobby Jones,
Ronald Clemmons,
Lower Council School District,
Defendants
:No.: 24-1432
:
:
:
Attorney ID No. 124987
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
Defendants intend to serve a subpoena identical to the one that is attached to this notice. You
have twenty (20) days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoena. If no objection is made, the subpoena may be served.
Date: September 14, 2011
John Morris
John Morris
Attorney for Defendants
Davis Hilary, a minor, by his
Parent and guardian,
Katy Hilary
Plaintiff
v.
Bobby Jones,
Ronald Clemmons,
Lower Council School District,
Defendants
:No.: 24-1432
:
:
:
Attorney ID No. 124987
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.22
TO:
Downstate Medical Associates
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
All medical records and billings for the treatment of Davis Hilary, a minor.
Date: September 14, 2011
John Morris
Attorney for Plaintiff
INTEROFFICE MEMORANDUM
TO:
Peter Thomas, School Principal
FROM:
Nurse Danila
RE:
Bobby Jones
SUBJECT:
Search
I was asked to conduct a search of Bobby Jones following an incident that occurred on
the school bus while taking him and other studentsâ?? home today. I was told that Bobby
became violent and held down Davis Hilary preventing Davis from exiting the bus. One
of the students saw Bobby pull a knife. I understand that no knife was discovered on the
bus after Bobby was taken off the bus and returned to school.
I asked Mr. Janses, the math teacher to remain in the room while I examined Bobby.
Throughout my interactions with Bobby he appeared docile and seemed deflated
following the incident. He said to me that he didnâ??t want to â??hurt nobody,â? but that Davis
had been throwing him â??bad looksâ? for weeks. Bobby cooperated fully and I asked him
to remove his clothing. I examined each piece of clothing and did not find a knife or other
weapon in his cloths or on his person.

Purchase answer to see full
attachment

GradeAcers
Calculate your paper price
Pages (550 words)
Approximate price: -

Why Work with Us

Top Quality and Well-Researched Papers

We always make sure that writers follow all your instructions precisely. You can choose your academic level: high school, college/university or professional, and we will assign a writer who has a respective degree.

Professional and Experienced Academic Writers

We have a team of professional writers with experience in academic and business writing. Many are native speakers and able to perform any task for which you need help.

Free Unlimited Revisions

If you think we missed something, send your order for a free revision. You have 10 days to submit the order for review after you have received the final document. You can do this yourself after logging into your personal account or by contacting our support.

Prompt Delivery and 100% Money-Back-Guarantee

All papers are always delivered on time. In case we need more time to master your paper, we may contact you regarding the deadline extension. In case you cannot provide us with more time, a 100% refund is guaranteed.

Original & Confidential

We use several writing tools checks to ensure that all documents you receive are free from plagiarism. Our editors carefully review all quotations in the text. We also promise maximum confidentiality in all of our services.

24/7 Customer Support

Our support agents are available 24 hours a day 7 days a week and committed to providing you with the best customer experience. Get in touch whenever you need any assistance.

Try it now!

Calculate the price of your order

Total price:
$0.00

How it works?

Follow these simple steps to get your paper done

Place your order

Fill in the order form and provide all details of your assignment.

Proceed with the payment

Choose the payment system that suits you most.

Receive the final file

Once your paper is ready, we will email it to you.

Our Services

No need to work on your paper at night. Sleep tight, we will cover your back. We offer all kinds of writing services.

Essays

Essay Writing Service

No matter what kind of academic paper you need and how urgent you need it, you are welcome to choose your academic level and the type of your paper at an affordable price. We take care of all your paper needs and give a 24/7 customer care support system.

Admissions

Admission Essays & Business Writing Help

An admission essay is an essay or other written statement by a candidate, often a potential student enrolling in a college, university, or graduate school. You can be rest assurred that through our service we will write the best admission essay for you.

Reviews

Editing Support

Our academic writers and editors make the necessary changes to your paper so that it is polished. We also format your document by correctly quoting the sources and creating reference lists in the formats APA, Harvard, MLA, Chicago / Turabian.

Reviews

Revision Support

If you think your paper could be improved, you can request a review. In this case, your paper will be checked by the writer or assigned to an editor. You can use this option as many times as you see fit. This is free because we want you to be completely satisfied with the service offered.

Order your essay today and save 15% with the discount code DISCOUNT15