JUS Midterm

JUS Midterm
Civil Procedure Fact Scenario
Students should cite the FRCPs in the Rule

Kelvin is injured while on vacation in Texas. He lives in New York but traveled to Texas with family to visit the Smith Family Park, a private business, for a week. While riding a go-cart at Smith Family Park,Kelvinbreaks his nose and cheekbone when he is thrown from a go-cart and crashes into another visitor from South Dakota namedHerschel(12 years-old). Kelvin hires an attorney–Bobby Barrister – who files a negligence lawsuit against Herschel in New York. The lawsuit is filed in Juvenile Court and Kelvin seeks over $325,000 in damages based on substantial facial scarring. He does not include the dollar amount or claim for relief in his complaint. Herschel is served with the summons during football practice eight (8) months after the complaint is filed.

Bobby Barrister also sues the Smith Family Park in a separate action for negligence in South Dakota months later.Bobby conducts several depositions of witnesses to the accident. Frank Fontana is the attorney for the Smith Family Park. He contacts Bobby and requests transcripts from all depositions to date. Bobby Barrister refuses. Frank retains a medical expert who maintains the substantial scarring is not a result of the accident and was pre-existing. Bobby Barrister requests the name of the expert witness and other testifying witnesses from Frank Fontana. Frank refuses to disclose the names to Bobby.
Evidence Fact Scenario
Students should cite the FREs in the Rule

Late one evening, Henry notices Troy wearing a wristwatch stolen from his home several days prior. Henry attacks Troy and attempts to take the watch. The fight is quickly broken up. Henry is charged in state court with assault and battery (A&B) on Troy. The prosecution informs Henry’s ex-wife, Laura, that she will be called to testify against Henry as she witnessed the beating. Laura does not want to testify against Henry as they have begun dating again. Henry offers to reimburse Troy for any medical expenses. Henry also offers multiple plea bargains but the judge refuses to accept them. Ultimately, Henry withdraws the various plea bargains and decides to go to jury trial.

At trial during the cross-examination, Henry denies any criminality and states that he “was not in town that evening”. The prosecution attempts to introduce Henry’s prior criminal record into evidence. Henry’s prior convictions are for disorderly conduct and fraud.These convictions date back over thirty (10) years ago when Henry was a member of a local street gang. The prosecutor also cross-examines Henry regarding his offer to pay the medical expenses. Later in the cross-examination, the prosecutor questions him about the numerous plea bargain attempts. The prosecution calls Henry’s former high school teacher, Mrs. Mo, who testifies to Henry’s reputation for violence in the community. Mrs. Mo testifies that Henry regularly started fights and stuffed kids in lockers for recreation during his high school years. Henry is now a local pastor who works with troubled youth in his old neighborhood. The final witness for the prosecution is Laura, who still does not want to testify as she hopes to re-marry Henry. She states under direct examination that she heard another person nearby yell “Stop Mo! Please stop!” several times.
Criminal Law Fact Scenario
Students should cite the common law elements of crime (actus reus, mens rea, and causation)in the Rule

Greg(40 years-old) is fired from his fulltime job and decides to start a life of crime. He enters a local cosmetics storewhile high on cocaine and tequila. As Olivia(30 years-old) walks out of the store, Greg notices the new IPodshe is carrying. Greg confronts Olivia outside of the store and proceeds to strike her several times in the face. Olivia falls to the ground. Greg grabs the IPod and drives down the street in his Toyota Prius. The entire incident is caught on the store surveillance camera including Greg nearly killing several pedestrians while speeding away.

Olivia regains consciousness, enters her Chevy Volt, listens to her Ray Lamontagne CD, and decides to exact revenge on Greg. She locates Greg in a local convenience store several blocks away. As Gregfeverishly plays Space Invaders, Olivia approaches him from behind and strikes Greg over the head with a strangely large curling iron. Greg falls to the ground, violently striking his head when he drops. Oliviaapproaches to recover her IPod. She is shocked to see the man she struck is not Greg. It is another patron named Rick who is built like Greg and wearing similar clothing. Oliviaexits quickly.After several minutes, Rick still has not moved. The owner calls an ambulance. Rick is pronounced dead when the paramedics arrive on the scene. Olivia returns home to her boyfriend – Walter. She explains the terrible day. Walter then confesses to Olivia that he lied about his age when he agreed to move in with her last year. He is actually a fifteen (15) year-old runaway from Tallahassee. Olivia is shocked and tells Walter she is pregnant with his child. Walter leaves for the bus station with Olivia’s IPod in his pocket.
Directions:

Students are to complete this exam independently without the aid or assistance of another person. The exam is open book, open note, and open source.Students are strongly recommended to review the IRAC class notes and samples provided at the start of the course. Although not prohibited, students are discouraged from using the internet in crafting their answers as all questions are directly from the class notes and textbook.

Students should identify and analyze a minimum of three (3) issues for each fact scenario. Be reminded to analyze only the subject matter specified. For instance, in an evidence fact pattern, you should analyze evidence not criminal law.

All exams are to be submitted via Turnitin on or before Wednesday,February 27th at 11:30pm. Late submissions will not be accepted.

 

 

 

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