Paralegal Today: The Legal Team At Work (MindTap Course List) 8th Edition Roger LeRoy Miller, Mary Meinzinger - Solutions

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Identify the environmental law that applies to each of the following situations, and explain how it would address the problem:a. The foreman at a manufacturing plant disposes of a fifty-five-gallon drum of spent solvents, a toxic waste, every week by pouring it on the ground “out back.”b. An
The shoreline of Greers Ferry Lake is under the man agement of the U.S. Army Corps of Engineers. The Corps’s 2019 Shoreline Management Plan (SMP)rezoned numerous areas along the lake and autho rized the Corps to issue permits for the construction of new boat docks in the rezoned areas. No environ
Jon and Susan Bogren filed for voluntary bankruptcy under Chapter 7 and qualified by passing the means test. They own one car outright that has a value of$3,000, and they owe $10,000 to the bank for their second car. Their bankruptcy action will cause them to incur attorney’s fees, trustee fees,
Jamal earns a salary of $30,000 a year as a sales rep resentative. He is married with two children in high school. In addition to his salary, he earns a 10 per cent commission on what he sells. Over the past five years, Jamal earned annual commissions of $80,000 to$100,000. During this time, he
Marla, an independent paralegal, provides a variety of services for the public. Among other things, she provides debtors with bankruptcy forms and peti tions. Mr. Ford has sought Marla’s services in filing for bankruptcy. He takes home a set of Chapter 7 forms, reads through them, and begins to
What four environmental issues are regulated by federal environmental laws? List the major environ mental laws that provide the regulatory framework in each area. What is Superfund? Which parties are responsible for the cleanup of hazardous waste sites?
What is an environmental impact statement (EIS), and when is one required? What factors does an EIS evaluate?
What happens when a company files for bankruptcy reorganization under Chapter 11? What is a debtor in possession? What procedure is followed after the bankruptcy is filed?
How does a Chapter 13 bankruptcy differ from Chap ter 7 bankruptcy? What is a discharge? Are all debts dischargeable in bankruptcy? If not, give examples of the types of debt that are not dischargeable.
What is an automatic stay? What effect does the fil ing of a bankruptcy petition have on creditors?
What is a liquidation proceeding under Chapter 7?How is it initiated? What is the difference between a voluntary bankruptcy and an involuntary bank ruptcy? What is “means testing”?
What are the goals of bankruptcy law? What are the three most important types of relief available for debt ors under federal bankruptcy law?
Samantha Elauf, a seventeen-year-old Muslim, wore a headscarf, or hijab, to a job interview with Aber crombie, a trendy clothing store for teenagers. During the interview, Ms. Elauf did not specifically request religious accommodation. Abercrombie did not hire Ms. Elauf on the grounds that wearing
Identify what type of employment discrimination, if any, is being practiced in each of the following hypo thetical situations:a. Lana Ronsky, a female paralegal in an all-male law firm, is the object of frequent sexual jokes and comments and occasional uninvited touching—all of which are
Explain why the principal is (or is not) liable for the actions of the agent in each of the following situations:a. Attorney Arun Singh tells his paralegal, Aki Cho, to purchase litigation software.b. Attorney Jayne Sutterly leaves a written memo for her paralegal, David Hayes, instructing David to
Michael Sánchez is an attorney who represents Aaron Tubman in his business ventures. Who is the principal, and who is the agent in this relationship?What duties does the principal owe to the agent?What duties does the agent owe to the principal?
Identify whether each of the business firms described below is a sole proprietorship, a partnership, or a cor poration, and explain why:a. Terrence and Lars have owned a business together for three months. Terrence contributed 60 percent of the capital needed to start the business, and Lars
Peter works as a paralegal for a law firm. The firm’s client is suing her former employer for wrongful termi nation of the employment relationship. The client has financial records that prove that her supervisor autho rized nondisclosure of income to the Internal Reve nue Service. Disclosing
Which federal statutes prohibit employment discrimination? What kinds of discrimination are prohibited by these statutes? Which federal agency handles claims of employment discrimination?
What is a fiduciary obligation? In which relationships discussed in the chapter does a fiduciary obligation arise?
How does an agency relationship arise? What is the difference between an employee and an independent contractor in an agency relationship? When is a prin cipal liable for the contracts formed by an agent? For the torts of the agent?
What is a limited liability company? What advantages does this business organization offer to businessper sons? How does a limited liability company differ from a limited liability partnership?
List and describe the three traditional forms of business entities. How is each entity created and ter minated? Do the owners have personal liability? If so, describe.
Identify which of the following types of estate-planning devices allow property to be transferred outside the probate process:a. Living trusts.b. Life insurance.c. Testamentary trusts.d. Holding property as joint tenants with rights of survivorship.e. Gifts to children.
Identify each of the following types of trusts:a. Barbara inserts a trust provision in her will requir ing that all of her property be held in trust for her children until they reach the age of thirty.b. Steve, who is seventy years old, transfers his home into a trust for the benefit of his
A woman agrees that in exchange for $10,000, she will be artificially inseminated, carry the child to term, and surrender the baby at birth to the biological father and his wife. The agreement states that the sur rogate mother will terminate her parental rights, and the father’s wife will adopt
Using the no-fault divorce material discussed in the chapter, which of the following are grounds for a no fault divorce?a. Irreconcilable differences.b. Cruelty.c. Living separately for a period of time specified by state statute (ranging from six months to three years).d. Adultery.
Matthew, an eleven-year-old boy with mild autism, was regularly bullied at school by another boy. In one instance, the bully pushed Matthew down on the playground, resulting in stitches. Most recently, the bully beat Matthew badly enough that he required hospitalization for a broken arm and a
Cynthia Warner works as a paralegal for a sole practitioner, Samuel Weingarten. Weingarten’s practice consists mainly of estate planning and pro bate. Today, Weingarten has received a check for$100,000 from the sale of real property that was in an estate that he is probating. Weingarten instructs
James Simpson, an attorney, has represented Miss Morgan for forty years. She is now eighty-three years old and is revising her will. She has a sizeable estate.Miss Morgan instructs her attorney to include a bequest in the will to James Simpson in the amount of $50,000. Can Simpson prepare the will
What is a trust? List and describe the various types of trusts discussed in this chapter. What are some other estate-planning devices?
Why and how are wills probated? What are the duties of a personal representative?
List the requirements of a valid will. Why is it important to check the laws of your state for the requirements of a will? What laws govern the dis tribution of the estate of a person who dies without a valid will?
What are the requirements for a valid marriage?On the termination of a marriage, how is property divided? What is separate property? Community property?
What are the rights and duties of parents with respect to their children? What are the legal obligations of parents to children born out of wedlock and to adopted children?
John’s Used Cars, Inc., sold Willie a 2018 Cadil lac in return for $5,500 and what turned out to be a stolen 2014 Cadillac. (Willie provided a fraudu lent title for the stolen car.) Hank bought the 2014 Cadillac from John’s Used Cars without knowing that the title was fraudulent or that the car
Identify the following steps in a real estate sales transaction:a. An offer or counteroffer is accepted.b. Title to the property is reviewed to determine the seller’s ownership interest and to determine if any liens against the property exist.c. The buyer applies for financing at a bank or mort
Identify the types of ownership rights described in the following statements.a. John and Linda, a brother and a sister, jointly own a cottage that they inherited from their mother.They have rights of survivorship.b. Janet conveys her townhouse to her mother for as long as her mother lives. On her
Using the material presented in Exhibit 16.4, A Sample Deed, and the following facts, draft a deed to real property.• At a closing on January 22, 2022, Roberto Alvarez and Paloma Alvarez, husband and wife, of 987 Packard Street, Galveston, Texas, transfer their beachfront condo to Javier and
Assume that John submits an offer to Lisa to purchase Lisa’s home for $150,000. Lisa responds to John’s offer with a counteroffer: she will sell John her home for$175,000. John then offers to purchase the home for$165,000, so long as he can obtain a mortgage and the house does not have
Joanne Dorman works as a paralegal in the claims department of an automobile insurance company. She is asked to review a claim brought by Derek Farmer, her nephew. Derek is a college student with few financial resources. Joanne’s sister (Derek’s mother) told Joanne that Derek broke his
What are some of the tasks a paralegal who assists in insurance-related litigation might perform?
What is the difference between an insurance agent and an insurance broker? Why is this dif ference significant for people seeking insurance coverage?
Define an insurable interest. How does an insurable interest arise in property? In another’s life?
What are the various classifications of insurance?
Explain what law governs the sale of real property.Describe the basic steps involved in the sale of real estate. What role does an escrow agent play?
Explain the difference between real property and per sonal property. What is a fee simple? List and define the other ways in which ownership rights in property can be held.
Rosalia, a very experienced paralegal, works in a firm specializing in appellate law practice. She prepares many legal briefs along with her supervising attorney, and sometimes her supervising attorney just reviews, signs, and files the briefs. Recently, it has come to the firm’s attention that
Based on the material on intellectual property law presented in the chapter, in which of the following situations would a court likely hold Maruta liable for copyright or trademark infringement?a. At the library, Maruta photocopies ten pages from a scholarly journal relating to a topic on which she
Using the requirements for an offer that were stated in the chapter, draft a simple offer to purchase a used iPad from a classmate. Make sure that the offer is definite and certain. Next, write an explanation (in one or two paragraphs) of how you would communi cate the offer to the person, how long
Joel goes to an expensive restaurant in New York for lunch. He orders the special, pasta with white truffles.The price is not given, and he does not ask the waiter how much it costs. When the bill arrives at the end of the meal, Joel is flabbergasted—he was charged $175 for his entrée. Does a
Using the material on contract law presented in this chapter, identify which defenses the defendants in the following hypothetical cases might use in an action for breach of contract:a. Mrs. Martinez, a Spanish-speaking immigrant, buys a washing machine and signs a financing agreement that allows
Using the material on acceptances presented in this chapter, identify which situation below will result in a contract:a. Kelly offers to sell her used algebra textbook to Patrick for $50. He responds, “Maybe—if I have enough money once I get my book refund later this week.”b. Kirk offers
Bernie, the sole owner of a small business, has a large piece of used farm equipment for sale. He offers to sell the equipment to Hank for $10,000.Discuss what happens to the offer in the following situations:a. Bernie dies prior to Hank’s acceptance; at the time he accepts, Hank is unaware of
Using the material on contract law in this chapter, identify which contract below is a bilateral contract and which is a unilateral contract:a. Juanita offers to sell Mier her laptop for $200. Mier agrees and tells her he will meet her in the cafete ria at noon the next day with cash.b. Jonah
Shayna is a paralegal at a bank. She reviews a package of loan documents for a complex com mercial transaction that has been submitted by the lawyers for the borrower. She does not fully understand one provision in the documents that eliminates the need for a guarantor. A guarantor promises that
List the four major forms of intellectual property and describe what intellectual property is. Why is it sig nificant in the law today?
What kinds of electronic contracts do the courts enforce? What constitutes an electronic signature, and what makes it valid? What state and federal laws govern electronic signatures and contracts?
Describe the remedies that are available when a con tract is breached. What is specific performance, and in what circumstances is it available?
What is the Uniform Commercial Code (UCC), and to what types of contracts does it apply? How does the UCC affect the common law of contracts? What warranties exist under the UCC?
Consideration, a requirement for a valid con tract, is defined as something of value. What items, other than money, meet this definition? Explain how consideration distinguishes a contract from a gift.
What are the four basic requirements for forming a valid contract? Are there any circumstances in which the court will enforce the parties’ agreement even though it lacks consideration? What defenses can be used against a claim of breach of contract?
Carmen buys a television set manufactured by AKI Electronics. She is going on vacation, so she takes the set to her mother’s house for her mother to use.Because the set is defective, it explodes, causing con siderable damage to her mother’s house. Carmen’s mother sues AKI for the damage to
A law school has an open admissions policy, and because of an antiquated state law, it accepts students with the equivalent of an associate’s degree. Once admitted, students must earn a grade of “C” or better in all courses to stay enrolled. Many students flunk out. Several disgruntled
Two middle-school girls labeled a male gym teacher a “perv” and “creeper.” They spread false rumors that he inappropriately touched students and peeked into the girls’ locker room. The girls’ parents shared these falsehoods about the teacher with their friends. The teacher was cleared
During the Ebola crisis, hospitals throughout the United States set up protocols for handling Ebola patients, including providing an Ebola checklist for use by emergency room staff. When the first Ebola patient was initially seen at a Texas hospital’s emergency room, he reported a fever and
Bob is driving to work for his morning shift at the plant when he encounters strikers who are picketing and blocking the entrance to the factory. Bob can not afford to lose his job, so he decides to cross the picket line. When he attempts to drive through, the picketers surround his car and begin
Chloe is a new paralegal interviewing a client who wants to sue the manufacturer of an allegedly defec tive elliptical-training machine. The client claims that while he was using the machine, it stopped sud denly, causing him to fall off and seriously injure his hip. Near the end of the interview,
What are the three characteristics of abnormally dan gerous activities?
List and describe the six areas of federal consumer law discussed in the chapter. Do states have consumer protection laws? If so, what level of consumer protec tion do state laws provide?
What is product liability? What are the three legal theories for product liability suits? List and define the affirmative defenses to a product liability suit.
List and define the four elements of negligence. Why is the duty of care of professionals different from the duty of an ordinary person? What are the defenses to a negligence action?
Define intentional tort. List the elements of assault, battery, intentional infliction of emotional distress, and defamation. How do intentional torts against persons differ from cyber torts?
Define tort. What is the purpose of tort law? What are the main categories of torts?
During a criminal trial involving child pornogra phy charges, the defendant’s lawyer returned late from the lunch recess. The trial resumed, and the defendant had no lawyer present for seven minutes. During that time, prosecutors introduced incrimi nating evidence. When the lawyer returned from
A women’s clothing boutique posted information on Facebook about a leopard-print dress with hot pink and lime-green accents that was stolen from the store. The theft was captured on security video.Shortly after the store’s posting, a Facebook selfie of a woman wearing the dress, captioned
After answering a few background questions regard ing his name and title, a government official took the Fifth Amendment eighty-two times during the course of a hearing on corruption charges. What does tak ing the Fifth Amendment eighty-two times say about guilt or innocence? Does taking the Fifth
The police pick up Larry and take him to the station for questioning in a local murder case. They detain him for three days. After two days of questioning, Larry says, “I want an attorney. You haven’t let me call my attorney.” It is late, and Larry’s attorney does not answer the phone, but
Mona was laid off from her accounting job three years ago. Her unemployment compensation has run out, as has her severance package, and she has few prospects for finding work. Mona learns that a former co-worker has died. Using records she has in her possession from her former accounting posi tion,
Identify the following criminal procedures:a. Ani is charged with the crime of arson. She pleads not guilty and is bound over for trial in the district court.b. Reyna is taken to the police station, searched, photographed, fingerprinted, and allowed to make one telephone call.c. A jury of
Using the material presented in the chapter on state of mind, identify the type of homicide (involun tary manslaughter, voluntary manslaughter, or first degree murder) committed in each of the following situations:a. David, while driving in an intoxicated state, crashes into another car and kills
Identify each of the following crimes by its classifica tion (petty offense, misdemeanor, felony):a. Jerry refuses to put his trash out at the curb for the weekly trash pickup. Instead, he lets it collect at the side of his garage, where it is an eyesore and attracts rats to the neighborhood. The
A man who was not a lawyer opened a law office and filled out a court registration form using the Social Security number, birth date, law school credential, and last name of a real lawyer—information he had obtained online. He filed a lawsuit in federal court unbeknownst to the supposed
Explain what happens during sentencing. Describe the various types of penalties and alternatives. What happens during an appeal?
List and explain the basic steps involved in criminal procedure from the time a crime is reported to the resolution of the case.
Which constitutional amendments provide rights to a person accused of a crime, and what rights are pro vided? What are Miranda rights, and which amend ments provide the basis for Miranda rights?
What are cyber crimes? What role has social media played in these crimes? What factors determine whether social media evidence deserves privacy protection?
What are the five traditional types of crime? What defenses can be raised against criminal liability?
What two elements are required for criminal liability?
What are the key differences between civil and criminal law?
Using Exhibit 12.2, draft a subpoena for a friendly witness using the following facts:Simon Kolstad, whose address is 100 Schoolcraft Road, Del Mar, California, is a witness to be subpoe naed in Sumner v. Hayes, a civil lawsuit filed in the U.S. District Court for the Eastern District of Michi gan,
Indicate what action the appellate court has taken in each hypothetical below (affirmed, modified, or reversed the trial court’s decision or remanded the case for further proceedings):a. A trial court finds for the plaintiff in the amount of $150,000 in a case in which the plaintiff slipped and
Attorney Johnson calls witness Roberta Looper to the stand to testify. When the judge asks Roberta to raise her hand to be sworn in, Roberta refuses, saying that she is an atheist and cannot swear an oath to God on the Bible. Given the material on the First Amendment covered in Chapter 5, can the
During jury selection for a medical malpractice trial, three employees of the insurance company that car ried the malpractice insurance for the doctor and hospital being sued were members of the jury pool.Should employees of an insurance company be allowed to serve on the jury? If not, discuss the
Using the material presented in the chapter, identify the motion that would be filed in each of the follow ing situations:a. A plaintiff’s attorney loses a case, and she believes that her loss is due to prejudicial jury instructions given by the judge.b. The defendant’s key witness died during
Using the material from this chapter, identify the different phases of a trial (opening statement, direct examination, cross-examination, motion for directed verdict, closing statement, verdict) in the hypotheti cal situations below:a. The plaintiff’s attorney asks the witness, “Mrs.Wong, could
During the course of a products liability trial, a juror consulted the website howstuffworks.com to better understand components in the piece of equipment involved in the case. Aaron, a paralegal for the defense attorney, overheard two jurors discussing the information as they left the jury box.
What is a writ of execution? What is a judgment creditor?
Describe the procedure for filing an appeal. What factors does an attorney consider when deciding whether a case should be appealed? Can the jury decide matters of law?
What are the different phases of a trial? List the process steps in attorneys’ questioning of witnesses.What is the difference between direct examination and cross-examination?

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Paralegal Today: The Legal Team At Work (MindTap Course List) 8th Edition Roger LeRoy Miller, Mary Meinzinger - Solutions

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