LEGAL RESEARCH AND WRITING:

1. Draft a conclusion for the following case. (5 pts)

You work as a paralegal for the county prosecutor's office in Houcktown County. One of the assistant prosecutors asks you to research whether Bonnie Bill has committed aggravated burglary under the Houcktown Rev. Code 2911. The attorney has provided you with the following facts:

Merriweather Halsey and Bonnie Bill were at the Masonic Temple for a fundraiser to fight AIDS. During the fundraiser Bill told a drunken Halsey that she intended to steal the $8,000 fundraiser proceeds from the Masonic Temple after the fundraiser and that she intended to steal a pearl necklace from Alice McKinley.

Bill, who had helped organize the fundraiser, watched as the chairperson of the fundraiser opened the safe and placed the money in it. She memorized the combination and decided that she would use it later to steal the money.

After the fundraiser, Bill walked home to get a credit card and a crowbar to open the door if she needed it. Bill went to the Masonic Temple after the fundraiser, wearing a disguise, showed the guard her invitation, and told him that she lost her mother's diamond brooch inside. Although the guard did not remember her, he allowed her to go into the temple. She wandered around the building for about an hour with the brooch inside her purse.

When the guard decided to eat his supper and call home, Bill went to the safe. She opened it and pulled out all the money, except for $1,000. Bill told the guard she found the brooch and then left. She went to Alice McKinley's home, entered the house through an open ground-floor window, took the pearl necklace she had seen Alice wearing earlier, and then left.

The relevant statute is as follows:

2911 Aggravated Burglary

(A) A person is guilty of aggravated burglary when the person, by force or deception, trespasses in any house, building, outbuilding, watercraft, aircraft, railroad car, truck, trailer, tent vehicle or shelter with the purpose of committing a theft; and

(1) inflicts or attempts or threatens to inflict physical harm to another; or

(2) the person has a deadly weapon, which is any instrument, device, or thing capable of inflicting death or designed or specially adapted for use as a weapon; or

(3) the person has a dangerous ordnance such as any automatic or sawed off firearm, zip gun or ballistic knife, explosive or incendiary device; or

(4) the structure is the permanent or temporary dwelling of a person.

2. Draft a conclusion for the following facts: (5 pts)

An assistant county prosecutor wants you to research whether Merriweather Halsey committed aggravated burglary based on the following facts:

Merriweather Halsey considered borrowing money from a friend who worked at the local bulb factory. She wandered into the factory around 4:00 A.M., after an AIDS fundraiser. The guard had stepped away from the door for a break. She headed toward her friend's workstation, but she stumbled into an open office where the petty cash was kept. She fell over a secretary's desk. Her leg caught the desk and pulled open a drawer that contained $500. She thought about taking the money, but she passed out before she

took it. She woke up at about 6:00 A.M., when a secretary found her and summoned the security guard.

Halsey then fell onto the security guard, causing him to crash his head into a planter. The guard cut his head and later required six stitches. Halsey thought the security guard was a robber, so she grabbed a letter opener from a nearby desk and told the security guard to back off. The security guard took the letter opener. Halsey's mind was still fuzzy from the alcohol, but she decided to pull a squirt gun out of her pocket to scare the robber.

3. Review the following facts. Make a list of the legally significant facts. Then prepare an issue statement and a conclusion for this problem. (5pts)

Your client, Hospitality Resorts International, Inc., which does business in your state, is defending an action against James Panhandle, a 70-year-old doctor from Akron, Ohio, who slipped and fell at a London hotel bearing the name Hospitality Resorts of London on January 28, 2014. Panhandle, a semi-retired general practice physician, smashed his head on some wet marble flooring next to the pool. A sign saying "slippery when wet" was set up next to the pool, but Panhandle didn't see the sign. He sustained severe and permanent injuries and was unable to practice medicine for two years.

Panhandle often stayed at the Hospitality Resorts. The resorts were known for cleanliness and hospitality. The staff was friendly and always helpful. The advertising for the resorts claimed that it was the "cleanest in the world. We stay on top of our hotels." Most advertisements stated that the hotels were independently owned and operated. Some ads, such as the one that appeared in the Doctor's Weekly, which Panhandle read, did not state that independent owners owned the London hotel. That ad boasted about the resort, "We care about you. We take care of you. We take care of your homeour resort."

Hospitality Resorts was a trade name. The company that licensed the name Hospitality Resorts to other hotels was called Hospitality Resorts International, Inc. (HRII), your client. Hospitality Resorts licensed its trade name to Fred and Ethel Carrigan of London, England, for use in a hotel there. The Carrigans called the hotel Hospitality Resorts of London. As part of the license agreement, Hospitality Resorts provided training to the staff. The Carrigans hired and fired the staff. HRII had no authority to hire and fire staff.

Panhandle did not know anything about the training or the connection between the London hotel and HRII.

HRII provided operations manuals and suggested procedures and menus. Personnel from HRII regularly traveled to London to advise the hotel employees about their jobs. HRII had no ownership interest in the

London hotel. HRII was not authorized to act on behalf of the hotel nor was the hotel authorized to act on behalf of HRII.

The license agreement between HRII and Hospitality Resort of London only provided for HRII to provide its name Hospitality Resort to the London hotel as well as some manuals and technical assistance. It did not authorize the London hotel to act as its agent and HRII was not an agent of the London hotel. HRII did include the Hospitality Resort of London in its list of Hospitality Resorts. That list appeared in many ads as well as in a brochure.

Plaintiff filed suit against the Hospitality Resort in London and Hospitality Resorts, and Hospitality Resorts International, Inc., alleging that HRII is in an agency relationship or apparent or ostensible agency relationship with the London Hospitality Resort. Thus, plaintiff claims that HRII and the London hotel are both responsible for his injuries. This suit was filed in the United States District Court for your area. All the rules of that court and the Federal Rules of Civil Procedures apply.