TRIAL BRIEF ASSIGNMENT

For CIVIL PROCEDURE III TRIALS & EVIDENCE, YOUR ASSIGNMENT WILL BE TO DRAFT A TRIAL BRIEF, NOT LONGER THAN FOUR PAGES, IN ACCORD WITH THE FACTS OF THE HYPOTHETICAL BELOW. PAY PARTICULAR ATTENTION TO CLARITY IN YOUR ELABORATION OF THE FACTS AND INCLUDE ANY ANTICIPATED HEARSAY PROBLEM.

Best mimics the manner in which the Trial Brief would be prepared in the law office environment.

Hints: o Be careful not to assume any important facts not in evidence. o Give special thought to verbiage in your argument heading(s). o Access the CA Evidence code for any applicable hearsay exceptions. o IRAC your authority!

o Choose words for clarity, particularly when explaining the relationship of the parties and the delineation of the two accounts.

Format:

The Final Trial Brief should be in pleading format, including a caption, be at least four pages long and may not exceed four complete pages.

It should include an Introduction, a Factual Summary, an argument section addressing any allowable/anticipated hearsay, a conclusion, and a signa- ture page. Pay attention to numeration, pagination, and spelling (particularly in your headings).

HYPOTHETICAL FACTS FOR TRIAL BRIEF ASSIGNMENT:

Your office represents Antarctica Records, Inc., which has been sued by Magic Carpet Travel, a travel agency. Magic Carpet filed its complaint on May 18, 2016. The agency claims that Antarctica owes money for airline tickets and hotel bills incurred by an Antarctica employee on company busi- ness. The bill is substantial and includes destinations like Val dIsere, Cabo San Lucas, Bali, Durban, and Ft. Lee, New Jersey.

Antarctica has answered the complaint denying the allegations. Pre-trial discovery has established the following facts:

1. (1) Antarctica has a large travel budget for various performers who go on tours throughout the world.

2. (2) Antarctica previously used another travel agency until it hired Destiny Buchsbaum. Destiny Buchsbaum persuaded Antarctica to use Magic Carpet, where for some time Destiny has had a per- sonal account.

3. (3) For the ensuing couple of years, it was Destiny Buchsbaums responsibility to make the travel arrangements for all of Antarcticas personnel and recording artists. These trips naturally were put on Antarcticas account. From time to time, Destiny also made per- sonal trips and she placed these on her personal account.

4. (4) Destiny decided to take a long vacation. She called Magic Carpet and asked them to book two first class airline tickets around the world, along with hotel and ground transportation reservations. Another Antarctica employee whose desk was adjacent to Des- tinys will testify that he heard her order this tour package and say, Put it on my personal account. He does not know to whom Destiny was speaking.

5. (5) Destiny left Antarctica, took the trip, and has not been heard from since. It is believed that she either moved into Castleroc in Monte Carlo or is fighting local insurgents somewhere in South America.

6. (6) Meanwhile, Magic Carpet insists that Destiny told them that this trip was to be charged to Antarctica and that she was traveling on company business.