Question 1

What is the federal and your state rule on joinder of parties in a lawsuit?

Accepted Answer

Joinder is Federal Rule 19. State rule numbers will vary.

Question 2

For your systems folder, research the elements of the following causes of action for reference in preparing complaints for your supervising attorney:

Accepted Answer

a. Anticipatory breach of contract
• Existence of a contract;
• The actions of the defendants which caused the anticipatory breach;
• That these actions happened before the time of performance of the contract;
• That the plaintiff has performed his duties under the contract; and
• That plaintiff has been injured by the actions of the defendant. b. Specific performance (Construction case)
• That the plaintiff has performed his or her duties under the contract;
• That the defendant has failed to perform his or her duties under the contract; and
• That the plaintiff has an inadequate remedy at law. This means that an award of money will not compensate the plaintiff for the damages suffered. It is this element that separates a cause of action for specific performance from a cause of action for breach of contract.
c. Unfair competition
• The plaintiff must be engaged in a business affected by the interference of the defendant;
• The defendant must have engaged in improper conduct, an unlawful, unfair, or fraudulent business practice or have been engaged in unfair, untrue, or misleading advertising; and
• Defendant's conduct must have resulted in injury to the plaintiff. d. Discrimination case (racial, age, and religion)
Establish that individual is a member of protected class; that he or she was performing job satisfactorily; that he or she suffered adverse action; and that he or she was replaced by someone with equivalent qualifications.
e. Wrongful termination of employment
In any negligent tort, the following elements must be pled:
• The existence of a duty owed by the defendant to the plaintiff (There is no hard and fast rule for determining the existence of a duty. The general rule is the question: how would a "reasonable" person have acted in the role of the defendant? If this reasonable person would have performed differently than the defendant and would have taken steps to prevent or lessen the injury suffered by the plaintiff, then a duty exists for the defendant to act in the same manner.)
• Breach of the duty
• Plaintiff suffered an injury caused by defendant's breach of duty f. Medical malpractice
Same general elements as wrongful termination g. Legal malpractice
Same general elements as wrongful termination

Question 3

What does it mean to have multiple counts in a complaint? Should there be a "wherefore" clause in each count? What is the proper method of incorporating paragraphs of one count into another?

Accepted Answer

Multiple counts usually means multiple causes of action. Normally each count will have a wherefore clause. The proper way to incorporate each count is by incorporating by reference all the previous paragraphs in the first paragraph of each new count.

Question 4

What are damages and what is the difference between general and special damages? Which must be alleged with particularity (applicable rule)? What are noneconomic damages?

Accepted Answer

The answer of What are damages and what is the...

Question 5

What ethical consideration must a paralegal keep in mind when drafting a complaint? Cite the disciplinary rule.

Accepted Answer

The answer of What ethical consideration must a paralegal keep...

Question 6

What are the minimum requirements in order for a person to be eligible to sue or be sued? What happens when a person has grounds for a lawsuit but does not have the legal capacity to sue?

Accepted Answer

The answer of What are the minimum requirements in order...

Question 7

Following class discussion on drafting complaints, especially regarding state court rules, complete the state and systems folder reference blanks in the System Checklist for Drafting a Complaint, and place it in your systems folder.

Accepted Answer

The answer of Following class discussion on drafting complaints, especially...

Question 8

Why is venue important to the drafter of a complaint? When venue must be alleged, what specifically needs to be included?

Accepted Answer

The answer of Why is venue important to the drafter...

Question 9

Research the rules of civil procedure for your state for the recommended caption form. If the rules of your state do not have sample forms, go to a book on forms for civil action in your state. Place a copy of the state caption form with copies of the captions from the text at the beginning of the complaint section of your systems folder. Also list the applicable rules and forms. Note any state rules or policy regarding the redaction of privacy information.

Accepted Answer

The answer of Research the rules of civil procedure for...

Question 10

What is the difference between fact pleading and notice pleading? What federal and state rules set out guidelines for pleading?

Accepted Answer

The answer of What is the difference between fact pleading...

Question 11

Describe the various sections of a complaint, their contents, and the functions of each section.

Accepted Answer

The answer of Describe the various sections of a complaint,...

Question 12

What is a syllogism? A major and minor premise? How can it be useful to the drafter of a complaint?

Accepted Answer

The answer of What is a syllogism? A major and...

Question 13

What does an attorney certify in signing a complaint where verification is not required?

Accepted Answer

The answer of What does an attorney certify in signing...

Question 14

What is the purpose of an appendix to a complaint? What is the proper way to reference either an exhibit or an appendix?

Accepted Answer

The answer of What is the purpose of an appendix...

Question 15

What role do jurisdictional amounts play in both federal and state courts?

Accepted Answer

The answer of What role do jurisdictional amounts play in...

Question 16

What is the difference, if any, between a prayer for relief, a demand for judgment, and the
"wherefore" clause?

Accepted Answer

The answer of What is the difference, if any, between...

Question 17

Check the pleading rules of your own state. Gather examples of local complaints by researching recent editions of legal forms and pleading books, or obtain them from your instructor. Try to locate a full range of examples of complaints that include pleading in the alternative, pleading in the hypothetical,
joined parties, and joined claims and counts. Place them in your systems folder. Add references to the page numbers in this text where samples of specific types of complaints can be located. Add references to or copies of injunction and restraining order forms.

Accepted Answer

The answer of Check the pleading rules of your own...

Question 18

What are the necessary components of an adequate jurisdictional allegation?

Accepted Answer

The answer of What are the necessary components of an...

Question 19

Review the federal rule on class action lawsuits. Prepare a general outline of the required allegations for a class action suit.

Accepted Answer

The answer of Review the federal rule on class action...

Question 20

What are class actions and in what ways can they be beneficial?

Accepted Answer

The answer of What are class actions and in what...

Quiz 4: Drafting the Complaint