Civil Procedure III \u2013 Written Assignment: Five Documents Paralegal Training Program \u2013 Winter 2023 (5 Months) Instructor \u2013 Judge (Ret.) Phillip Argento
\nDue on Canvas \u2013 Friday, May 19, 2023 at 11:59 PM
\nIntroduction
\nTo begin this Written Assignment, you should carefully read the Assessment Help – – Scenario below. Though short, there is much to consider. You will be completing five distinct documents for the provided Assessment Help – – Scenario.
\nMotion in Limine (no more than 4 pages; no need for proof of service on this or other documents)
\nWitness List
\nExhibit List
\nJoint Statement of the Case
\nFiling Due Dates
\nSuperior Essay Writers Describe briefly each of the four court documents above.
\nSet forth its due date for filing (the last date mandated by statute or court rule).
\nCite authority for each due date by express reference to one or more California statutes, California Rules of Court, Los Angeles Superior Court Rules, or paragraph number in the required text, namely, California Paralegal Manual: Civil Trials and Evidence (2020) by Allen & Mohr.
\n– . far, the most important documents are the Motion in Limine and the Joint Statement of the Case. The only evidence you may work with appears below in the Assessment Help – – Scenario, but that evidence may support reasonable inferences that you may use. You may not make up evidence unless the Assessment Help – – Scenario specifically requests you to do so, but only as requested.
\nAssessment Help – – Scenario
\nChristine Connors has sued Capital Group, Inc. (\u201cCGI\u201d) for wrongful termination, sexual harassment, and retaliation. Christine worked for CGI in its marketing department from 2005 \u2013 November 1, 2014, when she was terminated, ostensibly due to poor performance. Ms. Connors alleges that the real reason for the termination was her refusal to succumb to William Capital\u2019s, President of CGI, romantic advances. She alleges that on October 15, 2014, she complained to her boss, Jon Bosman that Mr. Capital had invited her to a \u201cbusiness dinner\u201d but upon arrival at the restaurant, Ms. Connors realized there were no clients present and that Mr. Capital intended for the evening to be a romantic encounter. Ms. Connors alleges her termination was in retaliation for her rejection of Mr. Capital\u2019s romantic advances and her complaining of them to Mr. Bosman.
\nDiscovery has revealed that ten years prior to Ms. Connor\u2019s employment with CGI, she worked as a dancer in a Strip Club in Hollywood. Ms. Connors is concerned that if the jury learns of her prior occupation, they will be prejudiced against her and not keep an open mind as to her claims.
\nTrial is set for January 15, 2016, with the FSC on January 6, 2016.
\nYour firm represents Ms. Connors. The partner on the case has asked you to prepare the following documents: (1) a Motion in Limine (no more than 4 pages) set for hearing at the FSC on behalf of Plaintiff seeking to exclude her employment as an adult entertainment dancer; (2) a Witness List: (3) an Exhibit List: and (4) a Joint Statement of the Case. The partner wants you to determine when these four documents must be filed.
\nFor the Witness List, add the names and titles of two additional witnesses who should testify at trial (make them up to demonstrating creativity and understanding of this
\nassignment). Similarly, for the Exhibit List, add one additional exhibit (make it up) that should be presented at trial.
\nThe witnesses identified by plaintiff are: (1) Christine Connors, (2) Jon Bosman, (3) William Capital, (4) Dr. John Expert, CPA, (5) Mellie Resource, Director of Human Resources for Capital Group Inc., and (6) Dan Remedy, M.D. – Plaintiff\u2019s Psychiatrist.
\nThe exhibits are: (1) Plaintiff\u2019s Personnel File from Capital Group Inc., (2) Plaintiff\u2019s W-2 Forms from 2005-2014, (3) Plaintiff\u2019s Resume, (4) List of all Employers where Plaintiff Has applied for employment post termination, (5) Dr. Expert\u2019s Calculation of Plaintiff\u2019s Damages, and (6) Plaintiff\u2019s medical records from Dr. Remedy.
\nRubric – grade miners score: Written Assignment Civ Pro III
\nThe rubric below shows the distribution of points among three learning outcomes: ethos, logos, pathos. You should also be mindful of the distribution of possible points as to each of the five documents. The Motion in Limine is by far the most important document.
\nThey are: (1) Motion in Limine: Ethos 7, Logos 36, Pathos 14, for a total of 57 points; (2) Witness List: Ethos 3, Logos 4, for a total of 7 points; (3) Exhibit List: Ethos 3, Logos 4, for a total of 7 points; (4) Joint Statement of the Case: Ethos 4, Logos 10, Pathos 4 for a total of 18 points; and (5) Filing Due Dates: Ethos 1; Logos 10, for a total of 11 points.
\nTotal points: 100 (57 + 7 + 7 +18 +11 = 100). Rubric – grade miners score: Written Assignment Civ Pro III
\nRatings
\nPaper Writing\t\t\tPts
\nThis criterion is linked to a Learning
\nOutcome: Ethos “Ethos” is Aristotle’s word to describe the credibility of the presenter — here the professional appearance of the four court documents that reflects
\ncompliance with the format requirements established by statutes and
\nrules, their completeness including due dates. Also, their grammar,
\nspelling, syntax, and diction are considered.
\nPoints are allocated as follows: The Motion in
\nLimine is
\nallocated 7 points (pts), the Witness List 3 pts, the Exhibit List 3 pts, the Joint Statement 4 pts, and the Filing Due Dates 1 pt.
\nThis criterion is linked to a Learning
\nOutcome: Logos\u00ad- Aristotle’s word for the strength of the appeal to reason and logic, ideally what
\nlegal argument is all about. The Motion in
\nLimine is
\nallocated 36 pts, the Exhibit List 4 pts, the Witness List 4 pts, the
\nJoint Statement 10 pts, and the Filing Due Dates 10 pts.
\nView other drafts<\/p>\n
Motion in Limine<\/p>\n
The Plaintiff, Christine Connors, by and through her attorneys, hereby moves this Court for an Order in Limine to exclude evidence of her prior employment as an adult entertainment dancer.<\/p>\n
The Plaintiff is suing the Defendant, Capital Group, Inc., for wrongful termination, sexual harassment, and retaliation. The Plaintiff alleges that she was terminated from her employment with the Defendant because she refused to succumb to the romantic advances of the Defendant’s President, William Capital.<\/p>\n
Discovery has revealed that the Plaintiff worked as an adult entertainment dancer ten years prior to her employment with the Defendant. The Plaintiff is concerned that if the jury learns of her prior occupation, they will be prejudiced against her and not keep an open mind as to her claims.<\/p>\n
The Plaintiff respectfully submits that the evidence of her prior occupation is irrelevant and should be excluded under Evidence Code section 352. Evidence Code section 352 provides that the court may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) unfairly prejudice any party, or (b) cause undue delay, waste of time, or needless presentation of cumulative evidence.<\/p>\n
The Plaintiff’s prior occupation is irrelevant to the issues in this case. The Plaintiff is not being sued for her employment as an adult entertainment dancer. Rather, she is being sued for wrongful termination, sexual harassment, and retaliation. The evidence of her prior occupation is not relevant to any of these claims.<\/p>\n
The Plaintiff’s prior occupation is also prejudicial. The jury may be prejudiced against the Plaintiff if they learn of her prior occupation. They may be more likely to believe that she is a promiscuous woman who is not worthy of their sympathy. The Plaintiff respectfully submits that the prejudice created by the evidence of her prior occupation outweighs its probative value.<\/p>\n
For the foregoing reasons, the Plaintiff respectfully requests that this Court enter an Order in Limine to exclude evidence of her prior employment as an adult entertainment dancer.<\/p>\n
Witness List<\/p>\n
The Plaintiff, Christine Connors, by and through her attorneys, hereby submits the following Witness List for the upcoming trial:<\/p>\n
Christine Connors
\nJon Bosman
\nWilliam Capital
\nDr. John Expert, CPA
\nMellie Resource, Director of Human Resources for Capital Group Inc.
\nDan Remedy, M.D. – Plaintiff\u2019s Psychiatrist<\/p>\n
Exhibit List<\/p>\n
The Plaintiff, Christine Connors, by and through her attorneys, hereby submits the following Exhibit List for the upcoming trial:<\/p>\n
Plaintiff\u2019s Personnel File from Capital Group Inc.
\nPlaintiff\u2019s W-2 Forms from 2005-2014
\nPlaintiff\u2019s Resume
\nList of all Employers where Plaintiff Has applied for employment post termination
\nDr. Expert\u2019s Calculation of Plaintiff\u2019s Damages
\nPlaintiff\u2019s medical records from Dr. Remedy<\/p>\n
Joint Statement of the Case<\/p>\n
The Plaintiff, Christine Connors, and the Defendant, Capital Group, Inc., hereby submit the following Joint Statement of the Case for the upcoming trial:<\/p>\n
The Plaintiff was employed by the Defendant from 2005 to 2014.
\nOn October 15, 2014, the Plaintiff was invited to a \u201cbusiness dinner\u201d by the Defendant\u2019s President, William Capital.
\nWhen the Plaintiff arrived at the restaurant, she realized there were no clients present and that Mr. Capital intended for the evening to be a romantic encounter.
\nThe Plaintiff refused Mr. Capital\u2019s advances.
\nOn November 1, 2014, the Plaintiff was terminated from her employment with the Defendant.
\nThe Plaintiff alleges that she was terminated because she refused Mr. Capital\u2019s advances.
\nThe Defendant denies that the Plaintiff was terminated for any reason other than poor performance.<\/p>\n
Filing Due Dates<\/p>\n
The following are the due dates for filing the four court documents:<\/p>\n
Motion in Limine: December 15, 2015
\nWitness List: December 15, 2015
\nExhibit List: December 15, 2015
\nJoint Statement of the Case: December 15, 2015<\/p>\n
The due dates are set forth in California Code of Civil Procedure section 1005.<\/p>\n","protected":false},"excerpt":{"rendered":"
Civil Procedure III \u2013 Written Assignment: Five Documents Paralegal Training Program \u2013 Winter 2023 (5 Months) Instructor \u2013 Judge (Ret.) Phillip Argento Due on Canvas \u2013 Friday, May 19, 2023 at 11:59 PM Introduction To begin this Written Assignment, you should carefully read the Assessment Help – – Scenario below. Though short, there is much […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[43],"tags":[4089,4093,4404,4272,4440,4253,4096,4094,4091,4119,1374],"class_list":["post-9791","post","type-post","status-publish","format-standard","hentry","category-dissertation-topics","tag-assignment-writers-canada-university-cost","tag-assignment-writers-china-english-free-ai","tag-best-trans-tutors","tag-buy-essay-uk","tag-civil-procedure-iii-written-assignment-five-documents-paralegal-training","tag-help-write-my-paper-ai-free","tag-in-page-paper-write-an-essay","tag-professional-assignment-writers-usa","tag-uae-1-cheap-assignment-writing-service","tag-write-a-word-essay","tag-write-my-essay-for-me"],"_links":{"self":[{"href":"https:\/\/www.colapapers.com\/uk\/wp-json\/wp\/v2\/posts\/9791","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.colapapers.com\/uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.colapapers.com\/uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.colapapers.com\/uk\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.colapapers.com\/uk\/wp-json\/wp\/v2\/comments?post=9791"}],"version-history":[{"count":1,"href":"https:\/\/www.colapapers.com\/uk\/wp-json\/wp\/v2\/posts\/9791\/revisions"}],"predecessor-version":[{"id":9794,"href":"https:\/\/www.colapapers.com\/uk\/wp-json\/wp\/v2\/posts\/9791\/revisions\/9794"}],"wp:attachment":[{"href":"https:\/\/www.colapapers.com\/uk\/wp-json\/wp\/v2\/media?parent=9791"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.colapapers.com\/uk\/wp-json\/wp\/v2\/categories?post=9791"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.colapapers.com\/uk\/wp-json\/wp\/v2\/tags?post=9791"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}