Post 1:
Explain the concept of notice pleading. What does it mean to plead a cause of action by it’s elements? Give an example.
Post 2:
Select two of the following documents and explain their purpose and the sort of information that should be contained within them:
1) Complaint
2) Answer
3) Motion to Dismiss
4) Interrogatories
5) Request to Produce
6) Notice of Appeal
7) Appellate Briefs – initial, answer and reply
Chapter 9 Assignment
Pleadings Drafting Assignment
FBI Agents Fox Mulder and Dana Scully have been partners on the X-Files for approximately seven years and have been recently stationed at an office in West Palm Beach, Florida. They are not romantically involved, but because they spend so much time together, neither has been able to foster a romantic relationship with anyone else either.
Upon her 35th birthday, Scully realizes she desperately wants to have a child and quit her FBI job to become a county coroner. She considers artificial insemination, but finds the process too impersonal. She also wants her child to have a father. Following careful consideration, Scully approaches Mulder with the possibility of having a child together. Mulder thinks it’s a fantastic idea, but only agrees if Scully agrees not to quit the X-Files. Scully wants the fertilization to be in vitro and wants to prepare a contract delineating each party’s respective rights.
Scully has her attorney, Alex Krycheck, prepare a contract, which Mulder signs on March 15, 2012, providing that Mulder will provide Scully with a healthy sperm sample and that he will not indulge in any intoxicants until such sample is provided. Mulder also agrees to move in with Scully and take care of her throughout the entire pregnancy. Mulder’s responsibilities include cleaning Scully’s house, cooking Scully’s meals and transporting Scully to and from doctor appointments. In exchange for these obligations, Scully agrees to stay on the X-Files as Mulder’s partner and the child will have Mulder’s name.
On April 1, 2012, Mulder and Scully head to the fertilization clinic where Mulder will provide the first sample and the doctors will attempt to impregnate Scully. While traveling down Ocean Drive, Mulder loses control of the vehicle and crashes into the sea wall. Mulder was not injured, but Scully couldn’t stand up. When the police arrived at the scene of the accident, they determined Mulder had been drinking alcohol because he failed a field sobriety exam. Scully was rushed to the hospital and treated for two broken legs. Scully must wear a cast on each leg for at least six (6) months and is not permitted to conceive a baby until she fully recovers from the trauma. Doctors estimate this may take at least one year. Scully incurs $16,000 in hospital bills.
Scully is livid with Mulder. He was drinking alcohol in violation of their agreement and it jeopardized her life. Furthermore, Scully may never be able to bear a child as a result of the accident, since she is already 35 years old and must wait at least another year. Finally, she cannot work until the casts are removed. The FBI will pay Scully half her regular salary during her invalidity. She typically earns $80,000 a year.
As soon as she is released from the hospital, Scully visits her attorney, Krycheck, who advises her she can sue Mulder for breach of contract and negligence. Between her lost wages, medical expenses, pain and suffering and possible loss of opportunity to conceive, Krycheck believes Scully has damages to the tune of $300,000.
You are Krycheck’s paralegal. Please prepare a Complaint on behalf of your client, Dana Scully, against Fox Mulder. Include the causes of action listed above. Remember, causes of actions must be plead by their elements.
Negligence = Duty, Breach of Duty, Causation, Damages
Breach of Contract = Existence of a Contract, Breach without Legal Excuse and Damages
In addition to preparing the Complaint, you must also prepare a Summons to serve on Mulder.
Scully’s address is 210 Vista St, West Palm Beach, FL 33411
Mulder’s address is 1388 Alien Dr, West Palm Beach, FL 33412
Krycheck’s address is 415 Double Agent Lane, West Palm Beach, FL 33413
Summons should not exceed 1 page; Complaint should not exceed 3 pages. They should commence on separate pages.
Chapter 10 Assignment
Discovery Assignment
Recently you drafted a Complaint on behalf of your client, Dana Scully, against Fox Mulder for negligence and breach of contract. Fox Mulder has filed a timely Answer to the complaint and now your firm is ready to embark upon the discovery process. Your supervising attorney, Alex Krychek, prepared Interrogatories and Requests for Production and has asked you to draft the following documents:
1) Notice of Serving Interrogatories
2) Notice of Serving Request to Produce – you can request anything you think is important.
3) Notice of Deposition on Fox Mulder
Please follow the format and procedures enumerated in the Florida Rules of Civil Procedure. The case number is 10-XFILE.
I am Mulder’s attorney. My business address is 1215 Flying Feline Road, West Palm Beach, FL 33416.
Each of these documents should be 1 page maximum.
Chapter 12 Assignment
Appellate Drafting Assignment
After a lengthy litigation process, the trial court has ruled on the Scully v. Mulder case in favor of Scully on both counts. Mulder believes the trial court erroneously admitted hearsay evidence that favored Scully and also erroneously excluded evidence that would have favored him. As a result, he wishes to appeal the trial court ruling.
Please prepare a Notice of Appeal.
******
The notice was filed timely and now the Law Office of (insert your professor’s name), P.A. is hard at work preparing the Initial Brief on behalf of Mulder. The brief has two primary arguments:
The Trial Court erred by admitting police officer accounts of statements Mulder allegedly made at the scene of the accident because they were statements of sympathy, not excited utterances.
The Trial Court erred by treating Mulder’s witness, the Cancer Man, as a lay witness and excluding him from giving expert testimony that neither cigarettes nor alcohol is an intoxicant for trained FBI agents.
Mulder will be relying on the following legal authority to support his arguments:
Skinner v. Doggett, 889 So. 2d 741 (Fla. 4th DCA 2005)
Byers v. Frohike, 912 So.2d 254 (Fla. 2007)
Fla. Stat. 90.402
Fla. Stat. 90.4026
Fla. Stat. 90.702
After Attorney Miller finishes the draft of the statement of jurisdiction, the statement of questions involved, the statement of facts, the argument, and the conclusion, she submits it to you and asks you prepare the following documents:
Cover page
Table of Contents
Table of Authorities
