Question
Section One 20 points The cartwheel is a technique designed to assist paralegals in acquiring the skill of using indexes and tables of contents in
Section One
20 points
The "cartwheel" is a technique designed to assist paralegals in acquiring the skill of using indexes and tables of contents in law books. The "cartwheel" is a method of developing the habit of phrasing every word involved in the client's research problem at least ten different ways. Using a legal thesaurus, such asBallentine's Legal Dictionary and Thesaurus, is helpful in developing this skill. You must clearly identify the major word you are cartwheeling andcartwheel the term as described in Statsky(p. 500 in print edition).
For example, if you researched the issue of the validity of a client's marriage that took place in Barbados, you would "cartwheel" the term marriage and begin your research using terms such as wedding, annulment, divorce, separation, celebration, ceremony, formality, wedlock, contract, religion, betrothal, minister, name change, jurisdiction, and prenuptial.
Please "cartwheel" each of the following problems and provide at least ten other terms that you would use in beginning a research project involving each of the following hypotheticals.
1. Your office's client, Ms. Ivana Goe, has recently been arrested for trespass. It seems that Ivana was attending an NFL football game, and during halftime she used the "Men's Restroom" at the stadium because the line to the women's restroom was, in her words, "excessively long." She was charged with trespass under a municipal ordinance. Please cartwheel this problem.
2. Your office's client, Ima Klutz, recently slipped and fell in the back of a local grocery store. She requested to view, and possibly purchase, "day old bakery" and was informed by store personnel that the "day old bakery " was on bins "in the back of the store". Ima proceeded to the back of the store and through the doors marked "Employees Only" in search of the "day old bakery". She then slipped and fell in that part of the store. Please cartwheel this problem.
Section Two
20 points
Mr. Smith is a client who is involved in a bitter divorce in Family Court in Dallas, Texas.Mr. Smith and his soon to be ex-wife had agreed to split community property equally, but here is now an argument over what is considered to be community property.Mrs. Smith had accumulated a substantial amount of jewelry, which she purchased with community money, or was given to her by her spouse over the 20 years of the marriage.She is refusing to split the value of the jewelry because she insists that it is her separate property.Her attorney has requested the court to order that the jewelry in question be deemed to be Mrs. Smith's separate property and that Mr. Smith is not entitled to half of the value.Mrs. Smith's attorney has filed a brief with the court, citing cases that he believes supports the position of Mrs. Smith.
Your supervising attorney has asked that you check the citations for the court opinions included in the brief filed by Mrs. Smith's attorney.Please read the opinions on Westlaw and determine the following:
Clearly indicate your "yes/no" answer for (a.)Also, make sure you understand when a case is non-authority.
a.Whether the opinions are on point, and why or why not
b. Whether opinions are primary mandatory, primary persuasive, or non-authorities for a court in Dallas, Texas, and why or why not
c. Whether the opinions support Mrs. Smith's contention, and why or why not
Please be sure to answer all of the questions above for each case listed below:
1.In re Soule,2004 WL 2314524 (E.D. La. Oct. 13, 2004)
2.Anonymous v. Anonymous, 66 N.Y.S.3d 235 (2017)
3.Ruiz v. Ruiz, 548 So.2d 699 (Fla. App. 1989)
4.Mauser v. Mauser, 2001 WL 822678 (Ohio Ct. App.July 20, 2001)
5.Koussis v. Koussis, 1994 WL 201856, (Tenn. Ct.App. May 25, 1994)
Section Three
10 points
In preparation for theappellate brief assignmentdue Week Six, please review the facts provided in theAppellate Brief Assignmentunder Lesson Three.Make sure your citations are incorrect Bluebook format!! The state is Louisiana
1.Using Westlaw, research, correctly cite and provide the text/relevant elements of a relevant state statute or state constitutional provision that would apply to this matter inyourstate.
2.Using Westlaw, research and cite at least one source of secondary authority relevant to the case.Please also provide your search terms.
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