paralegal capstones

Module 02 Content

1. 
   Title: Preparing Initiating Case Documents
   
   Purpose of Assignment: The purpose of the assignment is for students to showcase their ability to prepare case initiating documents, including a complaint for civil cases and motion to dismiss a case for a criminal case.
   
   Course Competency: Create tailored documents for legal professionals in various areas of law.
   (TS – Communication)
   
   Instructions:
   Content:

   • The firm has a new client. Your supervising attorney has decided to represent the client and would like for you to prepare the necessary case initiating documents.
   • CIVIL TRACK: You will be preparing a complaint for the client, using this template:

   
   Week-2-CIVIL-Sample-Complaint-Template-for-Course-Project.doc
   
   

   • And the following facts:
   • Mr. Bouden was recently on his way into Mary’s Muffin Shop to purchase a dozen muffins and other pastries to take into the office for his staff to enjoy. Mary Schutt, the proprietor, was cleaning the front of the building and lobby, as it was a particularly slow morning. She had just washed the floor with a new floor polish meant to make floors “really shine,” but she did not read the label. The instructions cleared state that the product should fully dry before being walked upon. Upon entering the lobby, Mr. Bouden slipped on the floor, fell, and heard an audible “pop.” Mr. Bouden was in an incredible amount of pain and was taken to the emergency room. Doctors announced that he had torn some ligaments in his leg which would require surgery, and had a broken bone as well. Mary denies that she is responsible and says that he should have “watched where he was going.”
   • Mr. Bouden lives at 3289 Wells Ave, Springfield, IL 37837
   • Mary’s Shop is located at 78 Alabaster Dr, Springfield, IL 37837. The case will be filed in the Springfield, Illinois District Court.
   • CRIMINAL TRACK: You need to prepare a motion to dismiss the case against the client, using this template:

   
   Week-2-CRIMINAL-Motion-to-Dismiss.doc
   
   

   • And the following facts:
   • Tony Smulder. Mr. Smulder received a promotion at work last week. To celebrate, he went to dinner with his brother, Nick, and had a few bottles of wine. When it was time to leave, Tony felt fine to drive. He was headed home on the expressway, listening to his favorite radio station, when he realized he was about to miss his exit. He swerved over a few lanes to exit the expressway.
   • Unfortunately for Tony, a police officer was behind him and pulled him over as he was exiting the expressway. Tony was administered a field sobriety test, which was inconclusive. He then was administered a breathalyzer test. The test came back showing Tony’s blood alcohol content was just over the legal limit. Tony was arrested and charged with driving under the influence. This was his third DUI, and he is now worried about the repercussions.
   • Your supervising attorney thinks the case should be dismissed because the complaint fails to mention the exact blood alcohol level (.08). As the field sobriety test was inconclusive, your supervising attorney believes that the complaint was deficient. You should research and use the laws of your state pertaining to the elements for DUI in crafting the motion. The case was filed in the Springfield Minnesota District Court.

   Format:

   • You should use the information provided by your supervising attorney, along with the template provided, to prepare a professional legal document.

   Resources:

   • Microsoft Word

   Submit your completed assignment by following the directions linked below. Please check the
   Course Calendar for specific due dates.
   
   Save your assignment as a Microsoft Word document. (Mac users, please remember to append the “.docx” extension to the filename.) The name of the file should be your first initial and last name, followed by an underscore and the name of the assignment, and an underscore and the date. An example is shown below:
   
   Jstudent_exampleproblem_101504