Question
I am the respondent not the Applicant so need the answer and solution for the respondent. Mujib Hendry wishes to initiate a Landlord and Tenant
I am the respondent not the Applicant so need the answer and solution for the respondent.
Mujib Hendry wishes to initiate a Landlord and Tenant Board application against Ahmed Calero.
Applicant's Story Mr. Mujib Hendry owns the property that Afaq Calero rents. The lease began in March. Mr. Hendry says that since Mr. Calero moved in he has not paid his rent on time, sometimes being more than one month late. Mr. Hendry has taken it upon himself to send the appropriate notices to Mr. Calero. Mr. Hendry also tells you that he spoke with Mr. Calero about this problem on several occasions and that Mr. Calero agreed to end the tenancy. It is now the month of January and Mr. Hendry says he has run out of patience and wants Mr. Calero evicted immediately. He has some documents that support what he is saying. Your instructor will send the documents to your group.
Respondent's Story Mr. Calero says that he has been having some financial difficulty that has caused him to pay the rent late, but the rent is paid up to date. Mr. Calero is employed as a bank manager. In addition, Mr. Calero tells you that there are maintenance problems that have not been fixed. He has some documents that support what he is saying. Your instructor will send the documents to your group.
1. Students may make up firm name, addresses, contact info etc.
2. Dates are fictitious and may present limitation issues. Students are to ignore any potential limitation issues.
Assignment Steps
1. Review the assignment instructions and rubric to ensure you understand the requirements and expectations. Diarize important deadlines for the mock trial.
2. Familiarize yourself with facts, evidence, and your theory and litigation strategy. You may create evidence that you feel is necessary to your case, however, be reminded of the "air of reality" concept. Ensure proper disclosure. Confirm with your instructor the creation of any documents.
3. Anticipate what the opposing party's position might be.
4. Using your knowledge of drafting pleadings, draft your pleadings, compile disclosure and witness lists for service. Note: Your pleadings are not graded. However if they are fatally defective it will affect your litigation strategy and it may affect your success at mock trial. A certificate of service is not necessary to complete for the mock trial.
5. Start working on your trial preparation. (See mock trial instructions)
6. After being served with the opposing party's pleadings, disclosure and witness list review it carefully and adjust your theory/strategy as needed. No amended documents are permitted without the authorization of your instructor, which is granted only in extreme circumstances.
7. You will now have the complete case file. Continue for trial.
8. Prepare and submit your trial notebook by the due date. Double-check your submission for completeness and accuracy making sure you have submitted all documents.
9. Continue preparing for trial. Remember to rehearse. Remember your substantive law, procedural law and the law of evidence.
10. Attend trial on Day 9 & 10 of the course. Look at the docket list to see what order your trial will he heard. Remember courtroom etiquette if you are the observing group. 11. Your trial: Refer to the mock trial instructions for tips on how to have a successful trial. Remember you are being graded on your trial advocacy skills. You are not being tested on your substantive law knowledge, however, if your understanding of the legal issues is flawed, it will negatively impact your trial advocacy.
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