MONTANA HARRISON

  SCENERIO: On May 5, Mark and Sam, who had been neighbors for three years, argued over Sam’s construction of a ditch, which diverted water onto Mark’s property. Mark told Sam to stop construction of the ditch or he “would pay with his life.” The following day, Mark and Sam met again in Sam’s garage. Within minutes Mark became very angry and cut Sam’s leg with an ax he found in Sam’s garage. After cutting Sam he panicked and ran home. Sam attempted to reach a telephone to call for help, but the cut proved fatal. Mark has been charged with first-degree murder. He claims that he had no intent to kill Sam; rather, he only intended to hit him on the leg with the dull, flat side of the axe in an effort to scare Sam. Discuss the facts and explain what crimes could be proved and why. Answer the question in full utilizing legal themes from the textbook, article, and presentation. DISCUSSION: Given what we know about the scenario, I'm convinced that charging Mark with first-degree...

  On Christmas Day of 2021 in South Texas, Ingleside police received a 911 call from a man threatening to kill somebody. When officers finally arrived at the site of the call, they soon found themselves under gunfire. After some distant confrontation with the police, the suspect struck his neighbor over the head with the gun, stole the neighbor’s vehicle, and drove it to nearby Portland where the vehicle was eventually abandoned for another vehicle, which has been determined to have been stolen at gunpoint. Afterwards, Portland police notified the Ingleside officers that the suspect had barricaded himself in a 24-hour emergency clinic with staff. Officers arrested 29-year-old Jorge Puente at the scene. According to an article by Fox News, Puente is currently facing a list of charges, which includes aggravated assault, aggravated robbery, unauthorized use of a motor vehicle, unlawful carrying of a weapon, possession of marijuana, and others. Pilar Arias, Texas man's alleged Christma...

  In July 2019 an explosion occurred in an ExxonMobil olefin plant that injured more than 60 contracted workers, and over the last couple of years nearly 60 lawsuits have been filed against ExxonMobil in hopes of recovering damages for the injured parties. Jim Sams, Texas Supreme Court Rules ExxonMobil Entitled to Info About Medical Payments , 2021, https://www.claimsjournal.com/news/southcentral/2021/11/23/307216.htm (last visited December 3, 2021). However, when ExxonMobil attempted to motion for discovery into the medical costs of the injured parties, the Houston District Court and the 14 th Court of Appeals in Houston denied the motion. Id. According to Claims Journal, both courts denied the motion on the basis that the discovery request placed an undue and excessive burden on the medical providers. Id. Even after the requests were narrowed and made more specific, the courts never granted the discovery. Id. This was the situation until ExxonMobil appealed to the Texas Supreme...

  As of September 1, 2021, a new act of the Texas Legislature popularly known as Senate Bill 8 (aka. Texas Heartbeat Act) had commenced. This new law has effectively crippled the abortion industry in Texas by expanding the standing needed for someone to bring a lawsuit. According to the Texas Tribune, “Under the law, anyone can sue anyone who performs, aids or intends to aid in an abortion — regardless of whether they have a personal stake in the abortion performed.” Some legal experts argue that the new law perverts and exploits civil courts by cutting into “the very nature of what a civil court is supposed to do: provide a remedy to a harmed party.” Erin Douglas, Texas abortion law a “radical expansion” of who can sue whom, and an about-face for Republicans on civil lawsuits , 2021, https://www.texastribune.org/2021/09/03/texas-republican-abortion-civil-lawsuits/ (last visited November 5, 2021). Other legal experts, like John Seago, believe that this new law is an effective way ...

  The purpose of a physical or mental examination, generally speaking, is to examine the physical or mental condition of a party if the issue is relevant to the case. Peggy Kerley, Joanne Banker Hames & Paul Sukys,  Civil Litigation  11-1 (8th ed. 2020). For example, physical examinations are oftentimes used in personal injury cases where the physical condition of a party is important in establishing the extent of the injuries incurred on the plaintiff and whether the defendant is personally liable.  Id.  at 11-1a. Other cases in which an examination might take place involve industrial accidents, paternity suits, and cases involving the eligibility of payments under the terms of a disability insurance policy.  Id.  The law allows for these types of examinations in order to help establish truth within a case.  Id.  at 11-1b. Allowing these examinations to take place may discourage a plaintiff to file a lawsuit under false or...

The role of a civil litigation paralegal may vary depending on the size of the law firm, as well as the individual cases assigned. Peggy Kerley, Joanne Banker Hames & Paul Sukys,  Civil Litigation  1-8a (8th ed. 2020). For example, more than one paralegal may be assigned to a case, each with their own responsibilities such as legal research, organizing, and indexing documentary evidence.  Id.  Other responsibilities include organizing client files, communicating with the client, gathering evidence, drafting pleadings, preparing orders for motions, drafting briefs, and several others.  Id.  at 1-8b. While there are many responsibilities associated with the litigation paralegal, there are several key skills necessary to perform those responsibilities successfully. Some of these skills include communication skills, organizational skills, and research skills.  Id.  at 1-9. While paralegals do play an integral role in the litigation team, ther...

  The Law Offices of Patrick, Swayze, and Zimmerman 751 Main Street Friendly, New Washington 00065 (200) 444-7778 • FAX 444-7678 • www.patricklaw.com October 15, 2021 Ms. Esther King 139 Main Street Friendly, NW 00065 Re: King v. Sunny Days Resort Dear Ms. King: The purpose of this letter is to inform you of the status of your case and summarize the law with regard to the facts of your case. Our law office has decided to take your case since we believe that a bailment was created when your sunglasses were left at the front desk of the Sunny Days Resort. In order to determine whether or not a bailment was created, there are two elements that the court will apply to the facts of your case - possession and an intent to physically control your sunglasses were present at the time. Possession occurs when one has physical control over another’s property and an intent to exercise that control. In Morris v. Hamilton , possession occurred when Morris decided to physically tak...

Objective Memorandum Issue               In order for bailment to be created, did the Sunny Days Resort come into possession of the chattel, as well as exercise physical control over the chattel when the front desk agent, Alex, agreed to take the sunglasses from Esther and hold them in the company vault until her return?   Brief Answer               Yes, the Sunny Days Resort did create an instance of bailment when the Resort’s front desk agent, Alex, agreed to take the pair sunglasses from Esther and store them in the Resort’s vault. Not only did the Resort come into possession of the sunglasses, but an intention to physically control the glasses was exercised when the front desk agent took the chattel from Esther in order to safely store them until Esther’s return.   Facts               Esther rece...

  Two common documents that law professionals will engage with on a regular bases are the legal brief, or court brief, and office memorandum. Both share similarities and differ in several ways. For example, one similarity that these documents possess is with regards to their content; they both possess important information such as the issue(s), relevant facts, legal analysis, and a conclusion. William H. Putman & Jennifer R. Albright,  Legal Research, Analysis, and Writing,  499 (4th ed. 2017). The one major difference between these documents is what they are intended to do. A court brief is written with the intention of persuading the court to adopt a position that most favorable to a client.  Id.  at 500. Meanwhile, an office memo is written with the intention of being an objective analysis of the law that thoroughly addresses both sides of an issue, so that an attorney has a guide on how a court might resolve the issue.  Id.  When legal bri...

  In his thorough analysis of the Bluebook, Posner presents us with an overall solid and convincing critique of the pedantic rules and regulations that encompass legal writing. He gives us two main reasons why modern legal writing needs a reformation, and why the Bluebook needs a new and improved successor. These two main reasons, or critiques, include the tedious rules enforced upon legal citation and the overall style enforced upon legal writing in general. Posner's strongest argument against the Bluebook revolves around the nature of its legal citation rules, which is broken down into smaller parts. First, Posner critiques the Bluebook for enforcing a rule that forces the writer to abbreviate the name of an author of an article or book down to their last name. Richard A. Posner,  Goodbye to the Bluebook , 53 U.Chi.L.Rev. 1343, 1345 (1986). He believes that the full name of the author should be written to avoid confusion, since many authors shar...

Scenario The managing partner at your Minnesota law firm wants you to research and provide information concerning a minor’s lack of capacity to enter into a binding contract. She wants you to locate the following three Minnesota cases, as well as a fourth Minnesota case on the matter. 1. Ramsey Cnty. v. Guardian Ad Litem, 853 N.W.2d 813 (Minn. Ct. App. 2014). 2. Winter v. Skoglund, 404 N.W.2d 786 (Minn. 1987). 3. O'Brien Ent. Agcy. v. Wolfgramm, 407 N.W.2d 463 (Minn. Ct. App. 1987). She also wants you to locate the following two statutes and explain what a defendant is required to demonstrate concerning a minor’s lack of capacity. 1. MINN. STAT. ANN. § 645.45 (West 2016). 2. MINN. STAT. ANN. § 524.2-501 (West 2016). After you have located those four cases and two statutes, please provide one case brief for each case, for a total of four case briefs. Also, please provide an explanation for each statute. Minnesota Case Briefs and Statute Breakdown Citation: Ramsey Cnty. v. Guardi...

  Technology in the Workplace: The Advantages Since the dawn of the first computers, technological advancement has had an immense impact on the workplace. Large corporations and small businesses alike have been capitalizing on these advancements to help them compete in the marketplace. Not only have companies integrated technology into their means of production, but employees of these companies have adapted to the huge technical demands created by these companies; These demands cover a broad spectrum of job positions such as data-entry, customer service, computer scientists, sales and marketing, and many others. According to Internet Association, government data from 2018 reports that more than 6 million Americans, roughly 4% of U.S. employment, work in the internet sector; This is double the number in 2014 (Hootan). There is no doubt or wonder that the internet and modern technology, at large, has an incredible impact on the modern workplace. However, to some, there is a growing...