LEGAL RESEARCH AND WRITING (LEGAL ASSISTANT PROGRAM) - CONNECTICUT LAW

The following examples present a brief summary of the court opinion, followed by a clients fact situation. Foe each client fact situation, Parts A through C, determine the following:

1. What are the facts similarities and differences between the court opinion and the clients situation?
2. Is the court opinion on point? Why or why not?
3. If the opinion is on point, what will the probable decision be in regard to the question raised by the clients facts?

Example 1

COURT OPINION: 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. Joness application indicating that his income was above the threshold maximum set by the agency regulations. The regulation provides that when an applicants 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. Joness application reflected that the gross income from his two part-time jobs exceeded the maximum allowable income for eligibility by $2,000. He believed there were special circumstances that would allow him to be eligible for general relief. His demand for an appeal hearing to explain his special circumstances was denied.

The 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 facts situation is whether the client is entitled to a hearing.

PART A

Clients Facts: 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 leftover. 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 application for an appeal hearing was denied.

PART B

Clients Facts: 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 believes that he has special circumstances that entitle him to benefits. His request for an appeal hearing was denied.

PART C

Clients Facts: The client 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 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.