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Assignment for Chapter 5 (worth 2 points each)
Total Points Available for Chapters 5-7—(47)
1.
a. Which topic and key number discuss games as nuisances?
b. Find this topic and key number in Westlaw. Which 1955 New Jersey case discusses whether a Little League Field constitutes a nuisance?
2.
a. Which topic and key number discuss right to a jury trial in employment discrimination (Civil Rights) cases?
b. Review this topic and key number. Which 2003 case from the Eighth Circuit ruled on this issue?
c. Review this case. Was the plaintiff entitled to a jury trial in this matter? Why or why not?
3.
a. Which topic and key number discuss the use of expert witnesses in battered women’s syndrome cases?
b. Find a 1999 case from the second appellate district in Illinois which dealt with this issue and give
all
its citations:
4.
Use Westlaw to access American Law Reports (ALR). Find a 2006 annotation in ALR for:
a.
Legal Status of Posthumously Conceived Child of Decedent
Find a 1968 ALR annotation for:
b. Strict Liability of owner for injuries caused by a pet chimpanzee
5.
a.
Which topic and key number discuss the reasonableness and validity of
regulation of gang activity in Illinois Schools?
b.
Which 2001 Illinois case from the 7th circuit ruled on this issue?
c.
What was the school regulation involved and did the court hold that rule to be reasonable—
6.
Use the Supreme Court Digest (in our library), or other means to find:
a. Give the case name of the case which interprets the phrase “liquidated damages.
b. Give the official citation to the US Supreme Court case Appleton v Bacon
7. Use Illinois Digest’s Words and Phrases (in our library). What cases construe the meaning
of the term “assumption of risk”? Give 2 case names only.
INTERNET ASSIGNMENTS FOR CHAPTER 5 (worth 2 points each)
1.
Find a relevant website to access authorities and information for your state.
a. Identify your state’s secretary of state.
b. Identify whether your secretary of state is a native of your state and where he or she attended college.
2.
At
http://store.westlaw.com
use the “Search Products” box, and search for Words and Phrases. Review the product information about this set, specifically its “Summary of Contents.” What book and volume number covers the topics Gift—Governing Unit?
Assignment for Chapter 6 (worth 2 points each)
1.
Use Am. Jur. 2d.
a.
Which title and sections deal with Invasion of a deceased person’s or decedent’s privacy?
b.
Review the sections to which you are directed. Do actions for the violation of the right to privacy generally survive the allegedly invaded party’s death? Answer the question and cite a
FEDERAL
case that supports your answer.
2.
Give the title and the authors of the law review article located at 109 Colum. L. Rev. 237
3.
Using Westlaw, find an article in the Illinois Bar Journal regarding: COMBATING
ORDERS-OF-PROTECTION ABUSE IN DIVORCE:
4.
Find a 2006 law review article by Beverly Cohen regarding hospital charges? What is the focus of the article?
5.
What is the “Mailbox Rule” in Contract Law? What is the leading Treatise on Contract Law that begins with the Letter “W”?
INTERNET ASSIGNMENT FOR CHAPTER 6 (worth 2 points each)
1.
Access the University Law Review Project at http://www.lawreview.org. Select
“International Law Reviews.” Name 2 international law reviews from Illinois.
2.
Access the Washington & Lee Law School study on the most cited legal periodicals at http://lawlib.wlu.edu/LJ/. Sort the table by rank. In 2010, which were the top four most cited periodicals?
3.
Access the site of the American Law Institute at http://www.ali.org and review ALI’s annual report for 2004. Review the table or annex that indicates how many times published cases cite to the Restatements. (Use Site Map)
a. How many times has Illinois cited the Restatement of Torts as of March 1, 2004?
b. What is the total of all citations to all Restatements?
Assignment for Chapter Seven
(2 points each)
1.
Use Black’s Law Dictionary (9th ed. 2009).
a. What is the definition for a “business trust”?.
b. To which topic and key number(s) are you directed relating to this definition?
c. What does the legal maxim non omne damnum inducit injuriam mean?
2.
Use Am. Jur. Legal Forms (2d). (in our library)
a. What sections relate to the payment of moving expenses in employment contracts?
b.
Review the first section. What Am. Jur. 2d reference are you given?
3. Locate a 2006 Illinois Attorney General Opinion on whether the Illinois Department of Revenue can legally operate the game of Keno. Is the answer in the affirmative or negative? If negative, what must happen for the Illinois Dept. of Revenue to be allowed to legally operate a keno type game in Illinois?
Internet Assignments for Chapter 7(worth1 or 2 points each as noted)
1.
Access the website for the National Association of Attorneys General at http://www.naag.org and identify the attorney general for Wisconsin. Did the number of firearms prosecutions rise or fall since he took office and by what percentage? (worth 2 points)
2.
Access LexisNexis’s Lawyer Locator at http://www.martindale.com. Robert J. Paul is an attorney practicing in Chicago, Illinois. Where and when did he receive his J.D. degree? (worth 1 point)
3.
What is the filing fee in your state for filing articles of organization to form a limited liability company? (worth 1 point)
4.
Locate the Civil Cover Sheet (Form JS-44) used in all civil cases initiated in federal courts. What does Section II require the plaintiff to indicate? (worth 1 point)
5.
Access the website of the National Conference of Commissioners on Uniform State Laws
http://www.uniformlaws.org/
and review the Child Abduction Prevention Act. (worth 2 points)
a. How many states have enacted this legislation and is Illinois one of them?
b.
What is the definition of Wrongful Retention and in what section of the act is this
definition?
Citation Form Assignment for Chapter 8 (each question worth 1 point)
Total Points for this assignment—38
There is at least one thing wrong with each fictitious citation below. Correct the citations using the current edition of the Bluebook. You may need to supply missing information such as dates. Punctuation is not needed after the citations. Assume you are preparing a memorandum in your office and unless otherwise indicated, assume that the citations appear in textual sentences rather than as “stand alone” citations. There is no need to include “pinpoints,” unless otherwise directed.
1.
Kevin Albright, Jr. v. Mandy Cardona, a 2000 Texas Supreme Court case found in volume 704 at page 228 of the relevant reporter.
2.
Atlantic Transportation Company v. Ellen Crighton, a Massachusetts Supreme Court case decided in 2004, located in volume 645 at page 214.
3.
Mark A. Gage versus Sharon Gage, a 1996 case from the Arizona Court of Appeals, located in volume 707 of the relevant reporter, page 303, with quoted material on pages 314 to 316.
4.
Connell Continental Corporation vs. McMillan Brothers, 532 United States Reports 46, 209 Lawyers’ Edition (Second Series) page 878, 122 Supreme Court Reporter page 609.
5.
Securities and Exchange Commission v. Carolyn Frazier, Anthony Lopez, and Timothy Fisher, 250 Federal Reporter (Third Series) 667.
6.
USA v. Jennifer Ivey, Executor, 214 Federal Supplement (Second Series) 809, decided in the District Court for the Western District of Missouri.
7.
National Association v. Susan Kelly, a 2003 Supreme Court case.
8.
Title 18, United States Code, Sections 3024 through 3029.
9.
Title 42, U.S.C.A. Section 2244.
10.
Title 11 U.S.C.S. Section 2019(a).
11.
Section 55-8-30 of the General Statutes of North Carolina.
12.
Section 4-303 of Maryland’s Corporations and Associations Code.
13.
Fifth Amendment to the United States Constitution.
14.
Section 8.01 of the Restatement of Agency, Third.
15.
An article by Robert V. Hicks and Kenneth P. Parks entitled “A Principal’s Duty to His or Her Agent,” published in volume 42 of the New Mexico Law Review, at page 405, with a quotation from pages 414 to 416.
16.
Volume 3, Section 21:14 of the second edition of the treatise authored by Miles C. Quigley entitled “Automobile Liability Insurance” (2004).
17.
Assume the following case is cited in a brief to a Kansas state court that requires parallel citations: Howard versus Richards, 455 Kansas Court of Appeals Reports 201 (1991). Give the correct citation.
18.
Assume the following citation appears as a “stand alone” citation: the 2003 United States Court of Appeals case from the Third Circuit entitled Reynolds General Guaranty Corporation v. Southern Federation Electronic Company. Give the correct citation.
19.
The definition of “rescission” appearing on page 950 of the current edition of Black’s Law Dictionary.
20.
Taylor vs. Gregory Hamilton, 350 Federal Reporter, Third Series, 118, a case from the Eighth Circuit in 2005 and which was affirmed the next year by the United States Supreme Court in volume 548, page 998 of the relevant reporter.
Memorandum Assignment (worth 12 points)
There are numerous errors in the fictitious citations in the following brief memorandum. Correct citation errors using the current edition of the Bluebook. You may need to supply missing information.
Memorandum of Law
The general rule is that an agent must perform the work or duties required by the principal. Taylor Association v. Southern Metropolitan Partnership Association, 547 U.S. 165, 172-176. These duties may be set forth in the agency agreement or may be implied from the nature of the agency relationship. Id. at page 180. The agent is required to perform these duties with reasonable diligence and due care. Phillips v. Regional Communication and Transportation Ltd, 310 F. 3rd 890, 899 (Second Circuit 2001) affirmed at 545 U. S. 601 (2001). The level of performance expected of the agent is usually that of an ordinarily prudent person in similar circumstances. ID.
Some agency relationships, however, may impose higher standards of care on the agent. For example, in the attorney-client relationship, the attorney has held himself or herself out as possessing a certain amount of expertise. Thus, agents such as these will be held to a higher standard of care: that possessed by others in the field. David J. Redmond, III, The Law of Agency, §§ 45-49 (fourth edition 2005), volume 2. Moreover, agents are required to provide all information relating to the agency to his or her principal. Calif. Corporations Code §4233. Failure to provide information and notification to a principal will subject an agent to liability for breach of contract. Id. at § 4344.
Finally, an agent must act solely for the benefit of the principal and cannot engage in any transaction that could be detrimental to the principal. Thus, an agent cannot make a secret profit for his or her own benefit. Taylor Association, at 180. Furthermore, an agent cannot represent anyone whose interests conflict with the principal’s unless the principal consents. Redmond, id. at § 52.
These duties of performance, notification, and loyalty are inherent in the relationship between principals and agents and cannot be waived or contracted away by the agent. Taylor Association at 181.
Internet Assignments for Chapter 8 (worth 2 points each)
1.
Access the home page of the Sixth Circuit Court of Appeals. According to the
LOCAL
rules of the 6th Circuit, in appellate briefs, are you allowed to cite to unpublished opinions? Please provide the appropriate authority for your answer.
2.
Access the website for The Bluebook and review the Introductory information.
a. What are the three major parts of The Bluebook?
b.
Under Blue Tips what is the rule regarding Citation of Opinions by Magistrate Judges? Explain and cite the Bluebook rules.
3.
Access the website of the Association of Legal Writing Directors at http://www.alwd.org, find information regarding the ALWD Citation Manual, First Edition Resources and review the Appendices.
a.
Review Appendix 4. What are the abbreviations for the California Supreme Court, the New York Supreme Court, and the Federal District Court for the District of Columbia?
b.
What does Appendix 6 provide?
