Exam 4: Drafting the Complaint

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Special damages are not a direct consequence of a defendant's wrong.

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What 2003 U.S. Supreme Court case reaffirmed the principle that punitive damages must be reasonable to be constitutional? What is the constitutional concept applied, and what key factors determine the reasonability of punitive damages?

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What are the federal court privacy restrictions governing redactions of Social Security numbers, names of minors, birth dates, and addresses? What federal rule governs this after Dec. 2007?

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To sue, a party must have

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What is required for ability to sue or be sued?

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What is the proper procedure for notarizing a verification?

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When a person's interest in a suit is not represented by existing parties, that person can become a party through a

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In drafting a caption, be sure to include

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Discuss the importance of "subscription" to the paralegal in the context of drafting and filing a complaint.

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What are damages and what is the difference between general and special damages? Which must be alleged with particularity (applicable rule)? What are noneconomic damages?

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Legal writing usually requires language that is difficult for an ordinary person to understand.

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What are the necessary components of an adequate jurisdictional allegation?

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The elements of an action for quantum meruit (unjust enrichment) include: a. defendant requested plaintiff's performance b. plaintiff performed the services requested c. services performed by plaintiff had a fair and reasonable value d. the defendant failed to pay for the goods or services rendered The remedies available are damages equal to the value of the goods and services and other remedies. Draft the complaint language for the cause of action paragraph, the remedy paragraph, and the wherefore clause for the facts given, then state whether the syllogism is complete and, if not, what is lacking. Merit Landscaping has agreed to care for Harry Berry's yard during a three-month absence for the sum of $300. Berry returns to find the yard mowed, but hears from neighbors that it was overgrown most of the summer, and refuses to pay. Merit sues for quantum meruit.

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Review the guidelines and techniques for drafting the body of the complaint.

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The basis for a cause of action is the

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