Civil Litigation Assignment 1

Civil Litigation Assignment 1

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Civil Litigation Assignment 1

Chapter Two

1. Review the Ameche case (Case II). Prepare at least five interview questions that will elicit specific details of this non-automobile accident.
2. Find examples on the Internet of client background information sheets and checklists. List at least five websites and explain in a few sentences what you found useful from that sit.
3. List the pertinent ethical considerations for interviewing a client.
4. Using the information following the sample interview form in the text, list the procedural states for creating your own interview form.
5. Find and read: Siraco V. Astrue, 806 F. Supp 2d 272 (D.Me. 2011)
6. What is the basis of the Commissioner’s challenge to the award?
7. Why did the Court disregard the lodestar formula?
8. Would the Court’s reasoning have changed in the amount of the award to Ms. Siraco would have been higher with a higher attorney’s fee? Why or why not?

Chapter Three

1. What are the six stages in planning an investigation?
2. Citing the relevant Model Rules of Professional Conduct, what should you do under the following circumstances?
3. Your firm is representing a federal judge in a civil suit. You have come to admire this judge and know that the firm believes he is a very valuable client. One night you are working with the judge on his case. There is a letter in the file that the judge received from a third party. The judge asks you to change one word in the letter because he knows that is what the party said he meant in the first place. The judge has offered you a terrific federal job at the close of this case. What would you do?
4. As you are preparing a legal memo on a case for your supervising attorney, your fellow paralegal tells you not to deal with or cite two of the strongest cases against you because that is likely to help the other side – especially if they failed to find these cases. What should you do?
5. Find and read: New York Times v. Gonzales, 459 F. 3d 160 (2^nd Cir 2006)
6. What was the pivotal issue in the case that the court relied upon to reach its holding?
7. What case did the Court rely upon to reach its result and why?
8. Does the case abolish the report privilege? Support your response based upon the case decision.
9. What is the difference between direct and circumstantial evidence?
10. What requirements must be met for evidence to be admissible?