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
Copyright 2022 Post University, ALL RIGHTS RESERVED
Be sure to read the criteria below by which your work will be evaluated before
you write and again after you write.
Copyright 2022 Post University, ALL RIGHTS RESERVED
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.
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