ANSWERS TO LRE 2 ASSIGNMENT

1. The tort of conversion has been committed by Mr. Hutz. A deliberate attempt to mess with another person's property and take away them of their title to it is known as conversion, and it is a civil wrong. Homer lost his legitimate portion of the settlement when Mr. Hutz improperly interfered with his money and deposited the check for his settlement into his own account and gambled it away.

2. Mr. Hutz is the guilty person of embezzlement. A white-collar crime known as embezzlement occurs when someone wrongfully fraudulently seizes control of another person's property that they were given permission to administer. In this case Mr. Hutz committed embezzlement when he took the settlement money into his own account and used it for gambling, betraying the confidence Homer had placed in him as his lawyer.

3a)On Homer's behalf, the blue-haired attorney would file the complaint at Florida's Circuit Court of the 10th Judicial Circuit. Since the 10th Judicial Circuit Court, which has jurisdiction over the case, received the initial personal injury lawsuit, this court is the proper one. It is the most suitable court to seek the execution of the settlement agreement because it was there that the contract came into force and because it was the one that heard the first dispute.

3b)Homer Simpson would be the Plaintiff and Lionel Hutz, Esq. would be the Defendant in this lawsuit.

3c) Most of the evidence would have been used by Homer Simpson to support his assertions. This standard of proof states that the evidence must demonstrate that it is more likely than not that Mr. Hutz failed to manage the settlement funds properly and failed to give Homer his rightful share.

4a) The Florida Circuit Court of the 10th Judicial Circuit would hear criminal allegations against Mr. Hutz. The settlement deal was made in the same court that heard the initial personal injury complaint.

4b) The state of Florida would be the plaintiff, while Lionel Hutz, Esq. would be the defendant.

4c) The State of Florida would prosecute the case; through the 10th Judicial Circuit State Attorney's office.

4d) It would be up to the court to establish Mr. Hutz's guilt beyond a reasonable doubt but Mr. Hutz committed the embezzlement crime; this is the highest level of proof in a criminal prosecution.

5a)Tort Action Process:

• Complaint Filing: Homer's blue-haired attorney would draft a complaint detailing Mr. Hutz's alleged conversion in the Circuit Court of the 10th Judicial Circuit.
• Discovery: The procedure would involve both sides, and it would entail obtaining evidence, conducting testimony, and sharing relevant information.
• Pre-trial Motions: Defendants may submit petitions to request a summary judgment or to resolve legal issues before trial.
• Trial: Should the matter not resolve, a trial would be held during which disputes, witnesses, and evidence would be presented.
• Verdict: likelihood of testimony would be a foundation for the the court's or judge's decision.
• Remedies: Should Mr. Hutz be found accountable, the court would mandate that he provide Homer his two-thirds portion of the settlement money.

5b) Criminal Case Proceeding:

• Charging: In the Circuit Court of the 10th Judicial Circuit, the State of Florida would accuse Mr. Hutz with embezzlement.
• Arrest and Initial Plea: Mr. Hutz can be taken into custody and advised of the charges against him during his initial appearance.
• Pre-trial Procedures: Pre-trial actions, discovery, and discussions would be conducted by the prosecution and defense.
• Trial: If a plea agreement is not reached, the case will go to trial, where the prosecution will have to show Mr. Hutz's guilt beyond a reasonable doubt.
• Verdict: The level of proof needed in criminal proceedings would be the basis for the judge's or jury's decision.
• Sentencing: In accordance with Florida's criminal rules, Mr. Hutz would receive a term if proven guilty. This can be either a fine or imprisonment.

6.According to the Florida Rules Governing the Florida Bar, Rule 4-1.15, in particular, was broken by Mr. Hutz when he represented Homer. Attorneys' possession of client and third-party property, including money, is governed by this rule.