Below are brief summaries of two court opinions.Each court opinion isfollowed by clients' factual situations: Court Opinion 1 is followed by Client Factual Scenarios A, B, and C and Court Opinion 2 is followed by Client Factual Scenarios D, E, F, and G.For each client fact situation, answer the question(s) asked at the end of the factual scenario AND thenalsoanswer the following two questions:

1. What are the fact similarities and differences between the court opinion and the client's situation?

2. Is the court opinion on point? Why or why not?

DO NOT DO ADDITIONAL LEGAL RESEARCH!Everything you need to answer the questions is contained below.

Court Opinion1: State v. Jones. Mr. Jones, a first-time applicant for general relief funds, was denied relief without a hearing. The denial was based on information in Mr. Jones's application indicating that his income was above the threshold maximum set by the agency regulations. The regulation provides that when an applicant's income, or the financial support provided to an applicant plus income, exceeds $12,000 a year, the individual may be denied general relief funds. The regulation is silent about the right to a hearing. Mr. Jones's application reflected that the gross income from his two parttime jobs exceeded the maximum allowable income for eligibility by $2,000. He asserted there were special circumstances that would allow him to be eligible for general relief. His request for an appeal hearing to explain his special circumstances was denied. The State Supreme Court held that the due process clause of the State Constitution entitles a first-time applicant for general relief funds to a hearing when special circumstances are alleged.

The question in the following three fact situations is whether the client is entitled to a hearing,andyou also must answer the two questions listed above for each factual scenario.

Client Facts A: Tom lives at home with his parents. He has a part-time job. He does not pay rent or utilities. He uses the money from his job to attend school, and he has very little left over. His application for general relief was denied. The written denial stated that the combination of the support provided by his parents and his part-time income exceeded the maximum allowable income. His request for an appeal hearing was denied.Is Tom entitled to a hearing? Briefly explainwhy or why not.

Client Facts B: In the last session of the state legislature, legislation was passed providing that when applicants for general relief are denied relief based on information provided in the application, they are not entitled to an appeal hearing. The purpose of the legislation is to cut costs. Mr. Taylor, a first-time applicant for general relief funds, was denied benefits based solely on his application. He asserts that he has special circumstances that entitle him to benefits. His request for an appeal hearing was denied.Is Mr. Taylor entitled to a hearing?Brieflyexplainwhy or why not.

Client Facts C: Client John has been receiving general relief funds for the past year. Last week, he received notice that his relief would be terminated due to information received from his full-time employer indicating that he had received a raise, and his income is now over the statutory maximum. His request for an appeal hearing on the termination of relief was denied.Is John entitled to a hearing?Brieflyexplainwhy or why not.

Court Opinion 2: Rex v. Ireland. Mr. Rex, the landlord, filed an eviction suit against his tenant, Mr. Ireland. Mr. Rex served notice of default upon Mr. Ireland by rolling up the notice of default and placing it in Mr. Ireland's mailbox. The mailbox was situated next to the street. Mr. Ireland retrieved the notice the next day. Mr. Ireland, in his defense to the eviction suit, stated that he was not given proper notice of default under the provisions of 55-67-9 of the Landlord/ Tenant Act; therefore, the case should be dismissed. The statute provides that notice of default may be accomplished in one of three ways: 1. Delivery by certified mail 2. Hand delivery to the individual to be evicted 3. Posting at the most public part of the residence.The statute further provides that the court may enter an order of eviction if the notice of default is not responded to within 30 days. The court, denying the request for dismissal, ruled that the intent of the statute was to ensure thattenants receive notice of default. The court noted that although the method of delivery used by Mr. Rex did not comply with the statute, the intent of the act was accomplished, inasmuch as Mr. Ireland had actual notice of default and was not prejudiced by the improper notice.

The question(s) in the following four fact situations is whether the notice of default is effective,andyou also must answer the twoquestions listed above for each factual scenario.

Client Facts D: The client is a tenant. The landlord told the client's daughter to inform the tenant that he was in default and, under the terms of the lease, would be evicted if he did not pay or otherwise respond within 30 days. The daughter informed the tenant the next day.Is notice of default effective?Brieflyexplainwhy or why not.Would it make any difference if the daughter informed the tenant after 30 days but before the eviction suit was filed?Why?

Client Facts E: Client, the tenant, was on vacation when the landlord posted the notice of default on the front door. Client did not return from vacation and learn of the default until after the 30-day default period had passed.Is notice of default effective?Brieflyexplainwhy or why not.

Client Facts F: Landlord sent the notice of default by regular mail, and the tenant received it.Is notice of default effective?Brieflyexplainwhy or why not.

Client Facts G: The landlord sent the notice by certified mail, but the client refused to accept it.Is notice of default effective?Brieflyexplainwhy or why not.

Draft your responses in one word document in a clear and organized fashion (simply following the format above and inserting the answers to each question in numerical order is appropriate) and upload it below.

Any questions - Just ask! :)