MONTANA HARRISON

  Citation: Chastain v. Koonce, 700 S.W.2d 579 (Tex. 1985) Facts: In 1979, Charles Koonce and J.P. Stroud decided to sell lots of property on their farm. Koonce and Stroud claimed that some of these plots were for residential use, and others were for commercial use. The Chastains, along with other residential buyers, decided to purchase plots for residential use. After the purchases were made, a company decided to buy a plot of land next door to the Chastains. This plot was one that was claimed to be for residential use only. After several unsuccessful complaints made by the Chastains and fellow residents, the issue was taken to court. Procedural History: The plaintiffs, Chastains and residents, took the issue to court. The trial court ruled in favor of the plaintiffs based on jury findings of unconscionable actions. However, the court of appeals reversed the trial court judgment in favor of the defendants, finding no evidence of unconscionability and refused to consider whether th...

  Chaplain v. Chaplain , Record No. 1301-10-1 (Va. Ct. App. Jan. 18, 2011) Wife, Rabha Namrouri Chaplain to husband Billy W. Chaplain, appealed from a ruling that her premarital agreement with her husband was enforceable under the Premarital Agreement Act, Code. In this appeal following the remand in the Circuit Court of the City of Virginia Beach, it was found that the premarital agreement was not unconscionable. The court cited  Virginia's Premarital Agreement Act, which explains that a premarital agreement is not enforceable if the person against whom enforcement is sought proves that: (1) That person did not execute the agreement voluntarily, or (2) The agreement was unconscionable when it was executed and, before execution of the agreement, that person (i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; and (ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or fin...

  Citation: Hackbart v. Cincinnati Bengals, Inc ., 601 F.2d 516 (10th Cir. 1979) Facts: In the midst of a professional football game, plaintiff Dale Hackbart and defendant, Charles Clark, were on opposing teams. During one of the plays, Hackbart fell to one knee in front of Clark. In retaliation, Clark intentionally struck a blow to the back of Hackbart’s head with enough force to knock both of the players to the ground. However, a foul was not called during the game, nor was the incident reported by either of the players. Some time after the game, Hackbart decided to seek medical treatment, and it was discovered that he had sustained a serious neck fracture injury. Procedural History: The plaintiff sues defendant, Cincinnati Bengals, for damages caused by the actions of Charles Clark. Originally, the trial court determined in favor of the defendant. However, the judgment was reversed and remanded by the appellate court for a new trial. Issue: Is the plaintiff entitle...

  Citation: Garratt v. Dailey , 279 P.2d 1091 (Wash. 1955) Facts: Defendant, Brian Dailey, was visiting with Naomi Garratt, sister of the plaintiff, Ruth Garratt. The plaintiff claims that she had intentions of walking into the backyard, where Brian and Naomi were present, in order to speak with Naomi. As the plaintiff was about to sit down in a lawn chair, it is alleged that the defendant pulled the chair out from under the plaintiff, causing her to sustain a hip fracture and other injuries. According to the defendant’s testimony, initially the chair was moved for him to sit in, but when he realized that the plaintiff was about to take a seat in said chair, he attempted to move the chair back into its original position in order to allow the plaintiff to sit within it. Procedural History: The plaintiff sues defendant for damages on the grounds of battery. The trial court entered judgement in favor of the defendant. However, the plaintiff appealed, and the supreme court re...

  The Founders' View James Madison once said, "What is government itself but the greatest of all reflections on human nature?" In other words, a country's general view about the nature of man has a direct impact on the form of government that manifests for that country. For example, the rise of the Soviet Union in Russia led to a major degeneration of religious thought and practice in government, as well as within the life of the commoner; The Soviet government wanted to break any tie between man and God's divine authority, to justify their hyper-authoritarian concentration of power. Our founders had the opposite idea. The United Sates was founded upon Christian principles with the understanding that God's law reigns above all else.  Beliles and Anderson writes, "Our Founders, while not all Christian, firmly believed in the Biblical ideas of man and government implicit in a Christian union. They believed man’s sinful nature meant that he should not be ent...

Did Thomas Jefferson support the separation of Church and State? If, one day, I found myself reflecting upon whether Thomas Jefferson supported the separation of church and state with a curious person, the answer would be tough to fit into a single sentence. On one hand, yes, there were indeed efforts to separate religion and government. At the forefront, Jefferson, Franklin, and Adams, among others, advocated that the power of the government should not interfere with the influence of the church. Our founders understood the negative repercussions that would occur if government powers were allowed to dictate the actions of the church. Beliles and Anderson writes, "Recall the fears of Reverend Leland, who felt that government interference could one day lead to federal regulations dictating whom churches could hire or the content of what they preached." The influence of Christianity could easily be subverted by a tyrannical government and the Word of God could be used t...

  Types of Business Organizations Traditionally, there are 3 main forms of business that manifest into either a  sole proprietorship,  a  partnership,  or a  corporation.  Other forms exist under the Limited Liability category such as, a  limited liability partnerships  (LLP), a  limited liability company  (LLC), and a  professional corporation  (PC). Each business form maintains their own advantages and disadvantages. A  sole proprietorship  is the most simple form of business in which one person owns the business, is entitled to all profits made, and is responsible for all of the business's debts and obligations. The main advantages of being the sole owner of a business are the undivided profits, the freedom to make any and all business decisions, and the ability to enjoy tax-exempt retirement accounts. Two main disadvantages include the responsibility of all debts, losses, and obligations associ...

The Trial Process Generally speaking, the trial process is comprised of several steps, including steps that take place even before a trial begins. In preparation for a trial, attorneys and paralegals on both sides of the case will organize and manage any documents and evidence, as well as secure the witnesses, exhibits, and the trial notebook needed for the case. Before the trial, both attorneys will meet with the trial judge to discuss any pretrial motions, the evidence being presented during trial, and the way the trial itself will be undertaken. Afterwards, an extensive jury selection process takes place. It is important for both attorneys to vet and question the potential jurors to help avoid bias towards any party. This is called  voir dire. Challenges   during voir dire are unlimited and allow attorneys to exclude jurors on the basis of suspected bias. Paralegals also have a role to play in the selection process. They can prepare juror profiles and observe the ...

Civil Litigation Process and Documentation An extensive process takes place following an accident, breach of contract, or some other dispute between parties. When it comes to civil procedure, the Federal Rules of Civil Procedure (FRCP) govern the rules on what steps must be taken during the various stages of civil litigation. Depending on the state, the rules may be different.  The first thing that occurs is the initial client interview that is conducted by the attorney, so as to decide whether the attorney should take the case in the first place and make fee arrangements. Afterwards, an informal investigation takes place where as much information regarding the case is collected, such as medical records, employment data, and eyewitness accounts. After the Plaintiff's attorney files the complaint, the defendant is notified of the lawsuit, and the defendant's attorney responds to the complain or requests a motion to dismiss or a motion for judgment on the pleadings. If the moti...

Ethics for the Attorney and Paralegal The ethical foundation set in place for both attorneys and paralegals is an ever increasing matter of importance. Direct state regulation and regulation by state bar associations, like the ABA, continue to issue guidelines. Though their regulations and ethical obligations are very similar, the paralegal and the attorney vary slightly. For instance, paralegals are not directly regulated by the state, with the exception for California where it is required to meet specific educational requirements to be a practicing paralegal. The ethical codes and regulations that are set in place for attorneys indirectly affect the paralegal. For the most part, all states ethical codes are based directly off of the revised ABA canons: The Model Code for Professional Responsibility and the Model Rules for Professional Conduct . Lastly, even though paralegals are not being directly regulated does not mean that a violation of a rule governing attorneys will not have ne...

T o define what it means to be a Paralegal, we should seek wisdom from two of the largest legal organizations: The American Bar Association (ABA), and the National Association of Legal Assistants (NALA). The agreed upon definition between these two organization states: "A legal assistant, or paralegal, is a person qualified by education, training, or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work, for which a lawyer is responsible." In other words, a paralegal's primary focus is to take responsibility for legal labor that would otherwise be inherently delegated to a lawyer. Some of these tasks include conducting client and witness interviews, managing client documents, keeping track of deadlines, conducting legal research, and drafting legal documents. Over the last five or six decades, paralegalism has gained incredible traction within the...