Litigation Plan

Litigation Plan

Imagine that you are a paralegal in law firm. You have been tasked with drafting the initial memo regarding the case of a new client to the firm, Ms. Baker. After interviewing Ms. Baker, you learned the following:

Ms. Baker, a resident of Connecticut, was on road trip to visit the world’s largest ball of twine in Cawker City, Kansas. When she was driving in Kansas, her car was hit from behind by Ms. Smith, a Kansas resident. Unfortunately, Ms. Baker’s car was totaled, she suffered injuries, emotional distress and lost time from work. Her damages exceeded $75,000. The police determined the accident was wholly the faulty of Ms. Smith.

Instructions:

• Use the attached Memo template. • Draft an office memorandum to your supervising attorney in which you answer

the following questions: • Can this case be filed in federal court? Why? (HINT: See Diversity

Jurisdiction) • Identify and explain the first document that the firm should file in court on

behalf of Ms. Baker that will let Ms. Smith know that she is being sued. • Identify what information should be sought in discovery. • Identify and explain witnesses that should be called on behalf of Ms.

Baker at trial. • Would ADR be helpful in this case? Why?

Requirements:

• Use APA format for non-legal sources such as the textbook. Use Bluebook citation format for any legal citations.

• Submit a Word document using the Memo template. • Maximum two pages in length, excluding the Reference page.

 

LAW204 – Business Law I

Litigation Plan

 

 

Be sure to read the criteria below by which your work will be evaluated before you write and again after you write.

 

 

Evaluation Rubric for Litigation Plan Assignment

CRITERIA Deficient Needs Improvement

Proficient Exemplary

0 – 44 Points 45 – 59 Points 60 – 74 Points

75 Points

Memo Does not concisely and clearly answer questions about the case. Memo is not succinct.

Somewhat concisely and clearly answers some questions about the case. Memo is not overly succinct.

Mostly concisely, succinctly, and clearly answers all questions about the case.

Concisely, succinctly, and clearly answers all questions about the case.

0 – 5 points 6 – 7 points 8 – 9 points 10 points Paper Length More than 2

pages

n/a n/a 2 pages or less

0 – 8 points 9 – 11 points 12 – 14 points

15 points

Clear and Professional Writing and APA/Bluebook Format

Errors impede professional presentation; guidelines not followed.

Significant errors that do not impede professional presentation.

Few errors that do not impede professional presentation.

Writing and format are clear, professional, APA/Bluebook compliant, and error free.