Question
Section One The cartwheel is a technique designed to assist paralegals in acquiring the skill of using indexes and tables of contents in law books.
Section One
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 in at least ten different ways. Using a legal thesaurus, such asBallentine's Legal Dictionary and Thesaurus, helps develop this skill.
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, marriage, minister, name change, jurisdiction, and prenuptial.
Please "cartwheel" each of the following problems and provides at least ten other terms 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 other words, "excessively long." As a result, 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 a "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
Mr. Smith is a client 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 an argument over what is considered 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 refuses to split the jewelry's value because she insists 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 support 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:
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
Complete exercise 11.4 in Statsky
Using the guidelines of Exhibit 11-5, CARTWHEEL the following words of phrases:
- Paralegal
- Woman
- Cruelty
- Support
- paternity
Section Four
Complete exercise 11.6 in Statsky
Cite and quote from the primary authority from your state (Pennsylvania) that answers the following questions.
- Can a woman agree (for a fee) to bear another woman's child using in vitro fertilization?
- Can a doctor assist a patient to commit suicide?
- Can a church be forced to pay taxes on profits from its bingo games?
- Can a local government use its zoning laws to try to close a bar that features topless dancers?
- Can a minor daughter challenge the validity of a deceased parent's will that leaves everything to the parent's pet cat?
- Can a burglar bring a civil suit against a homeowner for injuries received when the burglar fell because of the defective floor in the house being burglarized?
- Can a husband be prosecuted for raping his wife?
- Can a man prevent abortion from being performed on the woman he impregnated when the woman is mentally retarded, an unmarried adult living with her parents who are arranging the abortion?
- Can a parent invalidate the marriage of his 13-year-old daughter, who married her first cousin, also 13 years old?
- Can a patient prevent his doctor from telling the patient's health insurance company about the patient's AIDS status?
Please review how the questions are answered. For example, you should CARTWHEEL BY LISTING FROM 1 TO FINISH.
Also, section asks to cite and quote from a Pennsylvania Primary Authority.
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