Facts

You are working as a legal assistant for Leonard Ross and Associates. The managing attorney and your supervisor is Casey Collins. The firm handles a broad range of legal matters. It is also involved in many community activities. Attorney Casey is particularly proud of the mentoring he does with his legal assistants, involving them in every aspect of his cases as possible.

Robbie Robertson is an 18 year old who just graduated from Montgomery County High School in New Town, Maryland. Frankie Franklin owns a successful flower shop called Frankies's Flowers, located in Columbia, Maryland. Frankie hired Robbie as a driver to deliver flowers. Robbie used the Frankie Flowers van, which is decorated with colorful flowers and the shop's logo to make deliveries.

One Friday, Robbie was planning to go to a pool party hosted by the Latchkeys, one of the Montgomery County High School families, to celebrate all of the graduates. Just as Robbie was leaving work, Frankie asked Robbie to make a last-minute rush delivery. Robbie agreed and then realized that the delivery was in the same neighborhood as the party. Robbie could make the delivery, go to the party and then bring the van back later that night. Robbie said OK to the delivery, but didn't mention the rest of the plan to Frankie.

Robbie delivered the flowers and headed to the party. The party was in full swing and everyone was having a great time. The Latchkeys were at the party and allowed some beer and hard seltzers to be served to everyone. They gave each graduate a glass of champagne and made a toast to all the graduates. After they saw Robbie pull up in the van, they made sure he got some champagne and was included in the toast. Robbie had a few beers and tried a hard seltzer or two before leaving to return the van.

On the way back, Robbie was texting some selfies from the party to friends and didn't notice a red traffic light. He failed to stop at the red light. The van ran into a small car which was stopped ahead of him at the light, causing a lot of damage to both vehicles. Fortunately, both vehicles were insured because the driver, Mini Cooper and passenger, Max Cooper looked injured. Robbie was dazed but saw a police car pulling up and panicked. Robbie ran from the police and the scene. He was eventually caught about a block away.

Robbie needs legal representation. He contacted Casey Collins for help. Casey has agreed to represent Robbie and had asked you, the firm's paralegal, to work on this matter.

Learning Activity

Attorney Collins asks you to research and create a memorandum addressing the viability of a claim for negligence against Frank's Flowers by the occupants in the MINI Cooper. Frank wants to know if he would have any defenses to raise to this complaint because he did not know or authorize Robbie to use the van after work.

Before you begin writing, you decide it is worthwhile to develop a legal research strategy for the case.

Instructions

Begin by reviewing the assigned reading, "Legal Research Strategies".

UsingtheRobinson case facts complete Steps 1-4 of the research strategy described in "Legal Research Strategies".

Introduction

1. The resource lists a set of questions associated with Step 1 of a legal resource strategy. Respond to all of the questions listed, using a bulleted list,

2. For Step 2, using a separate bulleted list, provide a list of search terms and phrases you will use to research the legal issue in the case.

3. For Step 3, locate at least three primary sources and at least two secondary sources of law.

• Briefly summarize the key points from the sources, identify the relationship between the source and the legal claim(s) or issue, and provide a complete Bluebook citation for each source.

4. For Step 4, using KeyCite in Westlaw, validate the primary sources of law you identified in Step 3 and explain whether each source is still good law.

• Explain your answer to include your analysis of any identified "negative treatment", which includes both yellow and red flags, and any subsequent history of the case.

Conclusion

Legal Research Strategies

Step One: Factual Analysis

Carefully and thoroughly go over the facts of your situation. Answer: who, what, where, when, how?

1. Persons or parties involved?
2. Group, class or status of persons involved?
3. What is their relationship to each other?
4. Item, location, date, time, subject matter?
5. Cause of action or legal theory? Is this a tort? Breach of contract? Is there a defense?
6. Relief sought? Money damages? Injunction? Criminal penalties?

Step Two: Generate a Research Vocabulary

Think of terms and phrases that might be applied to your facts and issues. Be sure to come up with as many synonyms, antonyms, broad, narrow and related terms as possible. Try using law dictionaries, legal thesauri, or Words and Phrases.

Step Three: Research Your Topic

Use your research vocabulary as index and search terms for both online and manual sources. If you have questions about where to find these sources, remember to consult the reference desk, the library website, and your legal writing faculty.

1. Secondary Sources
2. Primary Authority (Look for primary authority first. If none, find persuasive authority.)

Step Four: Update and Verify Authority & Acquire Current Information

Update your cases, statutes and rules to be sure you have the latest authority. Verify using citators (Shepard's, Keycite) that your authority remains "good law." Check for new laws or pending legislation.