Assignments

Writing assignment #1

Answer each question as completely as possible. Please use times new Roman, 12 point font, double spacing, one inch margins. (with the exception of question 1, which can be single spaced).

There is no page limit but answer all questions as thoroughly as possible. I would expect that you will have a complaint. Your second answer could be answered in 3-5 well written sentences.

Your third answer could be addressed in a well-written paragraph that identifies pertinent facts from the trial and explains why you think those facts help resolve the case.

Please proofread and organize your answers.

You do not have to include the questions in your paper in addition to your answers. However, please number your answers. (All upon your own thoughts.)

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Question 1: complaint of Eugene Parker.

You are Parker’s lawyer. He tells you the following:

Eugene Parker went to a dump site in Hanover, Rhode Island on October 31, 2015. When he arrived, two other men, Robert Currier and Steven Dalton, were already unloading debris at the site from Currier's Mercedes.

Parker claims he was backing his van up at normal speed when Currier asked him why he didn’t wait until Currier was done. Parker claims that Currier punched the side of his van.

Parker admits he called Currier an idiot and commented that just because Currier owned a Mercedes, it didn't give him the right to punch his vehicle.

After exchanging more words and some profanities, Parker claims he tried to walk away to start unloading his trash. As he did, Dalton struck him in the back of the neck. Parker turned around and Dalton put his hands on Parker’s chest and commented that he shouldn't have talked to Currier that way.

Currier then took one of the open back doors to the van and shoved it against Parker’s back while yelling, you deserve this!

Parker claims his friend James Bouviard witnessed the whole thing. Parker also had pictures of his bruises, and doctor's records of his injuries. Parker claims his doctor's bills totaled $5,000.

Parker wants to sue each man for assault and battery. The elements of assault and battery are: (a) intentional or reckless (b) unwanted touching by the defendant (c) without the plaintiff's consent. Assault and battery is a common law claim.

Parker believes that Currier and Cruz both live in Rhode Island. Eugene wants $76,000 to pay his medical bills and to compensate him for the embarrassment.

Before writing the complaint, you (the lawyer) speak to Bouviard. Bouviard says that he saw Currier punch the van and have a verbal back-and-forth with Parker. However, Bouviard testifies that he did not see Parker get assaulted because Bouviard had walked about 15 feet away. He could hear Parker, though, and heard sounds consistent with Parker’s story.

You must write up a complaint. Parker will be the plaintiff, and both Currier and Dalton will be the defendants. There will be two claims: one of assault and battery against Cruz, and one of assault and battery against Dalton.

You must take the facts that Parker and Bouviard gave you and turn them into the form of a complaint. Remember, you cannot lie in a complaint, but you also don't need to include every fact that you know. You need enough facts to establish the elements of assault and battery against both defendants. You want to try to tell a story about the events that occurred.

You also need to include enough facts to establish personal jurisdiction in Rhode Island Superior Court.

Ask for a jury trial.

Paragraphs should be numbered.

[Here is a sample complaint. This is more complex than the one you will write: https://cases.justia.com/federal/district-courts/california/candce/4:2011cv01327/238522/1/0.pdf?ts=1300911244]

Question 2: discovery for Cruz and Currier

You now are the attorney for Cruz and Dalton.

Cruz and Dalton deny that the situation was as bad as Parker made it out to be. In fact, they believe that any bad acts they committed were because Eugene provoked them.

They also don't know anything about Bouviard -- who he is, what he would testify to, etc. -- and they don't know why Eugene is claiming he was suffering $76,000 in injuries.

You as an attorney filed an Answer based on your discussion with Cruz and Currier. You also tried to get surveillance video from the dump, but they did not have anything. You now want to get as much information, through discovery, from Parker.

Name at least three things you want to get from Parker, and the discovery method (interrogatory, document request, deposition) you would use to obtain it. Explain why the material you are seeking would be potentially useful for Cruz and Dalton’s case.

Question 3: the trial

Now you are the jury. You hear from the following witnesses.

At trial, Parker and Bouviard testify as described in question 1.

Parker’s doctor also testified that Parker had $20,000 in medical expenses, but that he was experiencing trauma from the experience.

The defendants went next. You will not be surprised to learn that the defendants have an entirely different version of events.

According to Currier, Parker pulled into the dump site when Currier and Dalton were in the process of unloading debris. They politely asked Parker to wait until they were finished before he pulled up. Parker responded by backing his van up at a high rate of speed, almost hitting Currier and Dalton. They became angry because they were scared.

As Currier was moving out of the way of the approaching van, Currier slapped his hand on the van. Parker then got out of the van and words were exchanged between Currier and Parker. Parker called him an idiot and swore at him.

Dalton approached Parker, standing close but not touching him, and argued with him. Parker then opened the doors to his van, removed his sunglasses, clenched his fist and challenged Dalton by asking, what are you going to do about it?

Both men yelled at each other at which point Currier grabbed Dalton by the arm to pull him away. Currier said to Parker, "who do you think you are, acting like that?" Parker then swung the back door of the van into Dalton’s chest; Dalton, who was surprised by this act, pushed it back into Parker.

Dalton testified identically to Currier.

Based on the testimony, if you were the jury, would you find Currier liable of assault and battery by a preponderance of the evidence? How about Parker? Why? Remember, to find them liable, you as a juror must decide which side was the most credible, and also determine whether each element of assault and battery was met.