Expert answer:please answer the True and False questions. Also answer the 2nd question using IRAC method. This assignment will go through safe assign so it should be 100% original. Use IRAC method
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5 points each question.
QUESTION NO. 1:
True or False – An employer is responsible for any and all actions
taken by an employee within the scope of employment.
QUESTION NO. 2:
True or False – In the Circuit Court, the only way that a party may
obtain documents in discovery is by filing a request for production
of documents upon an opposing party.
QUESTION NO. 3:
True or False – In a contract, an integration clause is use to
preclude the admissibility of extrinsic evidence.
QUESTION NO. 4:
True or False – A civil defendant is sued to determine their guilt or
innocence.
QUESTION NO. 5:
True or False – Anybody can file a lawsuit and anybody can be
sued.
QUESTION NO. 6:
True or False – A motion for summary judgment can only be filed at
the close of discovery.
QUESTION NO. 7:
True or False – The purpose of discovery is that the parties do not
proceed to trial in a confused or muddled state of mind.
QUESTION NO. 8:
True or False – A Plaintiff’s burden of proof is clear and convincing
evidence standard and not a preponderance of the evidence
standard.
QUESTION NO. 9:
True or False – All appeals of final judgments in the Circuit Court
go directly to the Maryland Court of Appeals
QUESTION NO. 10:
True or False – If a civil case begins in a Maryland state court, it
can not end up in the United States Supreme Court.
QUESTION NO. 11:
True or False – A defendant is not allowed to seek damages from a
plaintiff.
QUESTION NO. 12:
True or False – A defendant has been properly served when they are
served with a copy of the Complaint.
QUESTION NO. 13:
True or False – A civil trial has 12 jurors that must make a
unanimous decision.
QUESTION NO. 14:
True or False – A plaintiff can only receive attorney’s fees in a
contract case when there is a clause in the contract.
QUESTION NO. 15:
True or False – A party is not liable for a contract breach unless the
breach is material.
BONUS QUESTIONS (25 points each):
QUESTION NO. 1:
FACTS:
Carl Lucas is an at-will employee at POP’s Barbershop, LLC. Pops
is the sole owner of the barbershop and employs Kay, J.B. and Wally.
Cordell Stokes is the owner of Uptown Distributors, LLC. During
their workday at POP’s, Kay, J.B. and Wally take the company van
to pick up distribution items (50 boxes) for POP’s from Uptown
Distributors, LLC. While picking up boxes for POP’s they also
intentionally take 50 boxes of merchandise that belonged to Manny
Martinez and accidentally took 50 boxes of merchandise from
another customer, Misty. You have been hired to represent the legal
interests of Cordell Stokes? What actions do you take on Mr. Stokes
behalf and against whom? What if you were hired to represent
POP’s? What actions would you take on his behalf and against
whom? What if you were hired to represent Misty? What actions
would you take on her behalf and against whom?
QUESTION NO. 2:
On Monday, February 1, after a seven-day snow storm compiling
up to 18 inches of snow, Tyson took his daughter, Tiana, age 7, to
her elementary school in Baltimore City. Because of the number
of days that it snowed, the only areas that were plowed were the
roads, parking lots and some, but not all sidewalks. As did most
parents that drove their children to school, Tyson parked in the
school parking lot and walked Tiana to the school building using
the sidewalk. While walking Tiana on the sidewalk, she ran away
from him to play in the snow pile near the door’s entrance where
other students were playing and building snowmen. Tyson
chased after Tiana and slipped and fell on black ice on the
sidewalk, fracturing his hip.
USE IRAC for this scenario.
…
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