1. What is the name of the Case?

2. Name the Court that issued this Decision and Order.

3. Name the Judge that wrote this opinion.

4. In this matter, did the Paralegal work under the supervision of an attorney?

5. In addition to resolving the issue in this case, what did the Court do?

6. What did the Court say the paralegal did wrong?

7. What does the Keycite flag for this case (if any) tell you?

8. In what way does the Court in Vandermulen v. Fidelity Nat. Title Ins. Co., N.Y.Sup., October 9, 2007 distinguish this case from that one? (What difference does the Court find legally significant?)

Scenario: Assume you're supervising attorney has told you that a potential client is coming in to discuss a case regarding Megan's Law. She has never handled this type of case before and has asked you to research "Megan's Law".

9. What is the actual Statute referred to as "Megan's Law"?

10. What is Megans law?

11. Would the case of People v Stevens 91 N.Y.2d 270 be primary or secondary authority?

12. Would the case of People v Stevens 91 N.Y.2d 270 be binding or persuasive authority?

Assume a potential client comes in and tells the following story:

On May 24, 1975, due to mechanical difficulties, the station wagon in which the members of the Smith family were riding had stopped at the side of the Southern State Parkway in Nassau County. Jack Smith, father and driver, alighted from the vehicle, went around to the rear, and leaned inside the open tailgate window. Selma Smith, his wife, remained seated in the front passenger seat, and Mara Beth Smith, their daughter, was in the rear seat.

At this point the Smith station wagon was struck in the rear by an automobile owned by Defendant Rosario Jones and driven by Defendant Gary T. Jones. Jack Smith was seriously injured when he was pinned between the two vehicles. The mother and daughter were thrown about the station wagon by the force of the impact but suffered less serious physical injuries than Jack Smith.

Both Selma Smith and Mara Beth Smith were instantly aware of the impact and the fact that Jack Smith must have been injured and each thereafter immediately observed their seriously injured husband and father.

Selma Smith wants to sue for emotional distress for watching the accident take place.

You are tasked with investigating if she has a case.

13. What search terms would you use to begin your research?

14. What does 'Zone of danger" mean?

15. What is the "Relative bystander test"

Look up Consolidated Rail Corp. v Gottshall (Please reading the highest case in the jurisdiction).

16. What topic is addressed in Headnote 9?

17. What Key number is assigned to "Injury or threat to another; bystanders"?

18. How many cases cite this Headnote?

19. Is Consolidated Rail Corp. v Gottshall binding on your case?

20. What if any KeyCite warning does this case note?

21. What case has the "Most Negative" treatment of Consolidated Rail Corp. v Gottshall?

Look up Bovsun v Sanperi 61 NY2d 219

22. What is the general rule as to injuries sustained as a result of shock or fright resulting from a contemporaneous observation of serious physical injury or death on a member of plaintiff's immediate family?

23. REFER BACK TO FACT PATTERN 1. Does the potential client in that matter have a viable case?

24. Why would you draft a Case Brief?

25. What components must you include in your Case Brief? List at least 5.

26. What is the difference between the Procedural History and Facts section?

27. What are the issues?

28. What is the holding?

29. What are the 5 components of a Legal Memorandum? List all 5.

30. Is a Legal Memo intended to advocate for a particular point or position?

31. Who is the intended audience for the Legal Memo?

32. What does IRAC stand for?

Your client gives you the following Facts:

Ms. Jones was waiting to get off the commuter train in the train's vestibule. The commuter train pulled into the station and Ms. Jones descended the stairs to disembark from the train. The conductor exited the train first to watch the passengers exit the train and then signal to close the doors for the train to start rolling. Ms. Jones was carrying her briefcase, which had a long strap. As Ms. Jones exited the train the briefcase strap was behind her. The train doors shut with Ms. Jones on the platform but with the briefcase strap still inside the door. The train dragged Ms. Jones about ten feet and she suffered a broken shoulder. The issue you have to consider is whether the conductor's negligence by signaling for the train to start was the proximate cause of Ms. Jones's broken shoulder.

Your supervising attorney narrows your assignment to this Issue:

The issue on which you should focus is whether the conductor's failure to see that Ms. Jones's briefcase strap was inside the door as he signaled for the train to start moving is the proximate cause of her broken shoulder.

Legal Research has found the following two Cases:

Smithers v. Atlantic City Railroad, 12 Nowhere 2d 5 (2021)

Mr. John Smith was injured on the Atlantic City Railroad when the train lurched with great violence as it rounded a curve on the track. The train was overcrowded. Smith was injured without fault on his part. The motorman drove the overcrowded car too fast around the curve, so as to cause it to give a severe lurch. Where a passenger train is overcrowded and the employees operating the train know of such condition, it is their duty to exercise additional care commensurate with the dangers. The motorman knew of the overcrowded conditions and failed to exercise additional care when rounding the curve. Mr. Smith was injured when the train lurched as it rounded the curve because he fell onto another passenger. The motorman's failure to exercise the requisite care was the proximate cause of Mr. Smith's injuries.

Blue v. Boardwalk Railroad, 15 Nowhere 2d 9 (2020)

Mr. Robert Blue was blinded by a sudden gust of steam and fell underneath the train he was in the process of boarding at the station. Mr. Blue's arm was severed by the train as it started to leave the station. Regular inspection of couplings is a required duty of conductors. Failure to inspect the couplings for leaks is a negligent act on the part of the defendant. Railroad's allowing steam to escape was the proximate cause of Mr. Blue's injury, since a man of ordinary prudence could have foreseen that escaping steam would result from leaks in the uninspected couplings. The consequence of the escaping steam, due to the railroad's failure to inspect the couplings, resulted in a foreseeable injury to a passenger or person waiting on the platform.

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39. List at least 3 documents that can be filed in support of an application before the Court.

40. Give specific examples of at least 2 types of evidence you can submit in support of your motion.

41. Generally, what is submitted in response to a motion?

42. Are you permitted to raise a new issue, or submit new evidence in an Affirmation in Reply? (Y/N)

43. When should you check your local rules?

44. Where can you find all federal rules of civil and criminal procedure, the evidentiary rules, the appellate procedure rules, and the Supreme Court rules, as well as the bankruptcy rules and official forms?

45. You are a paralegal in Nassau County and your case has been assigned to the Commercial Division. What Practice Rules apply to your matter?

46. Under those Practice Rules, what is the Monetary threshold required to bring an action in the Commercial Division in Nassau County?

47. You are a paralegal in Nassau County and your case has been assigned to Judge Denise Sher. The attorney tells you to get an adjournment. Opposing counsel DOES NOT CONSENT. Explain the steps you need to take.

48. Name one source that many State Code of Ethics are patterned after.

49. Are there rules that currently exist that govern Paralegal Ethics in New York State? (Y/N)

50. Are there rules that currently exist that govern the way attorneys supervise Paralegals in New York State? (Y/N)

Answer rating: 100% (QA)

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