You are asked to write a legal memorandum which follows the IRAC method. In this method you are expected to identify the ISSUE presented to you, identify the RULE(s) that are applicable, APPLY the rule(s) to the case and provide your CONCLUSION.

Semester Assignment #1

Tim and Lisa Parker have come to your law office and relate the following facts: While Tim and Lisa were still married, Lisa purchased insurance on their home from American Security Insurance Company. The policy was issued on November 3, 2010, listing the insured as Lisa L. Parker. Shortly thereafter the Parkers entered into a separation agreement under which Lisa deeded her interest in the house to Tim. The Parkers were divorced on August 26, 2015. On November 28, 2016, the house was destroyed by fire. American Security refused to pay on the policy, claiming that Lisa had no insurable interest in the property at the time of the loss. The Parkers sued the insurer, contending that they were entitled to payment under the policy issued to Lisa.

Their misfortune with insurance companies did not end there, after additional discussion they also related:

They also owned rental property in Lake Charles, Louisiana, that was damaged by a tree falling into the building, shearing off a portion of the facade during Hurricane Sam in September 2014. By October 7, 2014, they notified their insurer, Lafayette Insurance Co., of the damages to this property. In September 2016, two years after the hurricane, the Parkers filed a lawsuit against the issuer for breach of the insurers duty of good faith and fair dealing in adjusting losses associated with the hurricane. The jury found in favor of the Parkers, concluding that the plaintiffs sustained losses in excess of the amount paid under the defendants policy in the amount of $144,800.00. Further, the jury concluded that the defendant: (1) failed to initiate a loss adjustment to the property within 30 days after notification of loss; (2) was arbitrary, capricious, or without probable cause in failing to pay any claim due within 60 days after receipt of satisfactory proof of loss; (3) failed to make an offer to settle the property damage within 30 days of receipt of satisfactory proof of loss; and (4) misrepresented pertinent facts or insurance policy provisions related to coverage at issue. From a judgment for the Parkers, Lafayette appealed.

After the meeting the Parkers decide to retain your law firm to deal with these two issue. As a firm paralegal you have been assigned to the case to assist the assigned attorney who happens to be the senior partner of the firm. The senior partner would like you to provide a legal memorandum. In the memorandum you are required to identify the issues, the rules, how those rules will likely be applied and your conclusion about how any legal action will play out. Remember you must base all of your positions on the law or facts and must cite accordingly.

Assignment #2

Thomas Crowne is in your law office asking for legal help. He states he had over $300,000 in student loans that were used to finance his education at Mercer University where he obtained an A.B., an M.B.A, and another unspecified graduate degree as well as a large number of courses toward his J.D. degree. He did not make payments on these student loans. In 1996, he was elected assessor for Putnam County, Tennessee, a position he held for two years and four months. He was then convicted of the first-degree murder of state senator Tommy Burks. He exhausted all of his appeals and is currently serving a life sentence without the possibility of parole. The debtor has one dependent, a son born in August 1998. The circuit court for Putnam County, Tennessee, ordered Crowne to pay child support of $161.00 per month plus $7,254.20 in medical expenses. Crowne did not make any of the court-ordered child support payments and was in arrears by more than $23,515.00. Crowne asked to have his student loans discharged on the basis of his hardship.

You have been assigned as the paralegal to assist in this case. Ron Reacher is the attorney assigned and has asked you to research the facts of the case and provide a memorandum outlining the applicable issues, the applicable rules, how the rules apply to the facts and an opinion of the outcome of the case. He has also asked that you make sure to include:

How Bankruptcy Is Declared, Administration of the Bankruptcy Estate, Debtors Duties and Exemptions, Discharge in Bankruptcy, Reorganization Plans under Chapter 11, and Payment Plans under Chapter 13.

Remember you must base all of your positions on the law or facts and must cite accordingly.

Assignment #3

Norman Fell is in your law office and relates the following information: He attended an auction at B & B Antiques, Auction & Realty, a business owned and operated by Ray Thompson, Deborah Thompson, Bo Thompson, and Laura Thompson (collectively 'the Thompsons'). Fell purchased five lamps that were identified at the auction as Tiffany lamps and one lamp shade that was also identified at the auction as a Tiffany product. Fell spent a total of $56,200 on the lamps.

Fell contacted Fontaine's Auction Gallery in Pittsfield, Massachusetts, to inquire about selling the lamps in an auction. Fontaine's sent Dean Lowry, an expert in Tiffany products, to examine Fell's lamps and Lowry determined that the lamps were not authentic Tiffany products but were, in fact, reproductions. Fell filed suit against the Thompsons and B & B for fraudulent suppression, fraudulent misrepresentation, and breach of warranty, breach of contract, negligence, and wantonness. B & B was dismissed from the case because it had not yet been properly formed as an LLC. The Thompsons claimed they thought the lamps were authentic and that their auction brochure contained the following:

Conditions of Sale:

1. All property is sold AS IS WHERE IS, and we make NO guarantees, warranties or representations, expressed or implied, with respect to the property or the correctness of the catalog or other description of authenticity of authorship, physical condition, size, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such a guarantee, warranty or representation.

On a motion for summary judgment, the court found for the Thompsons, indicating that Fell trusted blindly and should not have done so. Fell asks you to help him appeal the decision.

You have been assigned to the case along with attorney Miranda Suarez. She has asked you to research the case and provide a memorandum. In the memorandum you are required to identify the issues, the rules, how those rules will likely be applied and your conclusion about how any legal action will play out. Remember you must base all of your positions on the law or facts and must cite accordingly.