STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR CALHOUN COUNTY

FAMILY DIVISON

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NOW COMES the Plaintiff, WILMA JEAN FLINTSTONE, who first being duly sworn, states:

1. There is no other pending or resolved action within the jurisdiction of the Circuit Court's Family Division involving the family or any family members of the person who is subject of the Complaint.
   
2. There is no other pending or resolved civil action arising out of the transaction or occurrence alleged in the Complaint.
   
3. The Plaintiff and Defendant have been residents of Michigan for at least 180 days and of Calhoun_. County for at least ten (10) days immediately preceding the filing of this Complaint.
   
4. On May 29, 1995, the parties were legally married in the City of Sandstone, Calhoun County, Michigan by a priest at St. Paul's Cathedral.
   

1. Prior to the marriage, the Plaintiff's name was Wilma Jean Lightrock and is Wilma Jean Flintstone; that prior to this marriage the Defendant's name was Frederick Flint Flintstone and is Frederick Flint Flintstone. There was one child born of this marriage: Pebbles Alecia Flintstone, born March 15, 2002, Social Security Number 371-04-5589.
   
   1. During the past five years, the minor child, Pebbles Alecia Flintstone, has resided with both parents at 711 South Gravel Drive in the City of Sandstone, Calhoun County, Michigan.
      
   2. That although Defendant has participated in raising the minor child, Plaintiff has been the primary caretaker for the parties' minor child since her birth.
      
   3. Plaintiff has not participated in any capacity in any litigation in this or any other jurisdiction concerning the custody of said minor child.
      
   4. Plaintiff has no knowledge of any person not a party to this proceeding who has physical custody, claims to have physical custody, or has visitation rights with respect to the parties' minor child.
      
   5. The Plaintiff is not pregnant.
      
   6. The parties have acquired martial assets and debts during this marriage to be divided by this Court.
      
   7. There has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
      

   WHEREFORE, Plaintiff requests this Court to:
   

   1. grant a judgment of divorce;
      
   1. grant both parties joint legal custody of the minor child;
      
   2. grant Plaintiff physical custody of the minor child;
      
   3. grant an equitable division of martial assets;
      
   4. grant an equitable division of martial debts; and
      
      1. grant Plaintiff any such other and further relief in the premises as is agreeable to equity and good conscience.
         

         
          

The statements made herein are true to the best of my knowledge, information and belief.

Dated: November 29^th 2010

Wilma Jean Flintstone

STATE OF MICHIGAN

COUNTY OF CALHOUN

Subscribed and sworn to before me on this 29th day of November, 2010 by

 

WILMA JEAN FLINTSTONE, Plaintiff herein.

 

 

Eddie D. Egghead Jr.

Notary Public, Calhoun County

My commission expires: 10/25/2012

Prepared by:

Chrinchutton Cheeturn (P01010)

Attorney for Plaintiff

1500 Sabortooth Tiger Boulevard

Sandstone, MI 49099-7990

(269) 777-1111

 

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR CALHOUN COUNTY

FAMILY DIVISON

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FIRST INTERROGATORIES AND

REQUESTS FOR THE PRODUCTION OF DOCUMENTS.

Pursuant to MCR 2.309 and MCR 2.310, WILMA JEAN FLINTSTONE, by and through her attorneys, requests that FREDERICK FLINT FLINTSTONE prepare answers separately and fully in writing and under oath to the following interrogatories, produce the requested documents, and serve a copy of the answers and documents on attorneys for WILMA JEAN FLINTSTONE within the time frame allowed by applicable court rules.

Each of the following interrogatories and requests for the production of documents is deemed continuing in accordance with the parameters in MCR 2.302(E).

DEFINITIONS

As used in these interrogatories, the following terms have the following meanings:

1. Plaintiff refers to WILMA JEAN FLINTSTONE
   
2. Defendant refers to FREDERICK FLINT FLINTSTONE.
   

   C.'    Document means, without limitation, any written, printed, typed, or other graphic matter of any kind or nature or any writing, drawing, graph, chart, photograph, photo record, tape recording, or other data compilation from which information can be or could have been obtained and also means all copies of documents by whatever means made.
   

   D.    Person includes, without limitation, any natural person, proprietorship, firm, association, partnership, corporation, joint venture, government, or other entity and all affiliates, present or former agents, sureties, indemnitors, servants, employees, representatives, and all other persons acting on behalf or in the interest of the person.
   

   E.    Identify means the following:
   

   1. when used in reference to a natural person, to state his or her full name, address, business address, employer, and position
      
   2. when used in reference to someone other than a natural person, to state its full name, type of entity, address, nature of business, and the person in charge of the principal office
      
   1. when used in reference to a document, to state the type of document, its date, its author, its addressee, and the person who presently has possession or control of it (As an alternative to such identification, you may produce documents for inspection and copying when you file answers to these interrogatories; however, all documents produced will be segregated and identified by the interrogatory to which they are primarily responsive.)
      
      1. when used in reference to an event or occurrence, to state the date and location, a description, and the names and addresses of those involved, if known.
         

   F.    When requested to state the factual basis of any allegation, identify each occurrence,
   

   incident, or fact on which you rely to support the allegation, including the date, place, and substance of each occurrence, incident, and fact and the source of your knowledge.
   

   G.
   If any of these interrogatories or requests for production cannot be answered in full, you are to answer to the extent and in the manner possible; estimates should be identified as such.
   

   
    

   INTERROGATORIES
   

   1.    For each and every employment of any kind you have had during the past five years, state:
   

   1. THE
      name and last known address of each employer;
      
   1. the inclusive dates of each employment;
      
      1. gross annual income from each employment in each year (including income of any kind, whether wage, commission, bonus, or other);
         
      2. monthly gross income from each employment this year, itemizing the amount and nature of deductions;
         
      3. commissions and bonuses anticipated in the next 12 months, specifying whether the compensation is earned or unearned at this time; and
         
      4. a brief description of your duties.
         

      Attach to your answers all proof of income you received to date this year from any source (for example, pay stubs for the last three months).
      

   2    Attach a complete copy of each income tax return you filed during the past five years.
   

   Do you have any passive carryover that you are cur^rently claiming or to which you will be entitled in the foreseeable future?
   

   3.    For each interest you have in any annuity, pension, profit-sharing, retirement, stock purchase, individual retirement account, 401 K, or other deferred benefit plan, state
   

   1. The type of plan (for example, annuity, stock savings, etc.);
      
   1. the date your interest began;
      
      1. your total contributions in each plan as of the date of these interrogatories (list each separately);
         
      2. as of the date of these interrogatories, all contributions to each plan made on your behalf other than those listed in your preceding answer;
         
      3. a current inventory of all assets in your account in each plan;
         
      1. the present-value of your interest in each plan and the method used to ascertain present value;
         
      2. the name, last known address, and telephone number of the plan administrator of each plan;
         
         1. your vested percentage in each plan;
            
            1. your years of credited service in each plan; and
               

      j.    the total amount of accrued benefits in each plan.
      

   Attach a written copy of each plan, a summary plan description, and a copy of the most recent statement relating to your interest in each plan.
   

   
    

       4.    For each debtor who owes you money on any notes, mortgages, land contracts, loans, or otherwise, state
   

   1. the debtor's name and last known address;
      
   2. the current amount owed;
      
   3. the original amount of the obligation;
      
   4. the form of the obligation;
      
   5. the date the obligation was incurred;
      
   6. the date the obligation becomes due and owing;
      
   7. the conditions for payment of the obligation; and
      
   8. the consideration given for the obligation.
      

   Attach copies of all documentation in your possession regarding each indebtedness.
   

       5.    For each motor vehicle you have an interest in, state
   

   1. its year, make, model, and vehicle identification number;
      
   1. the name and address of the registered owner;
      
   2. the name of the primary driver;
      
   3. the value of the vehicle; and
      
      1. the amount owing on the vehicle, to whom, account number, balance due, and the minimum monthly payment.
         

          6.    For any equipment, machines, furniture, furnishings, or other personal property you have had an interest in during the past year with a value in excess of $500, including the personal property located at [Plaintiff's (Defendant's] residence, state
      

   4. a complete description;
      
   5. the date of purchase;
      
   6. the estimated present market value;
      
   7. the amount owed on the property and to whom it is owed;
      
   8. the property's present location; and
      
   9. if the property has been sold or otherwise disposed of,
      

      i    the date of the sale,
      

      1. the name and last known address of the recipient,
         
      1. how it was disposed of, and
         
         1. what you received in exchange for the property (for example, money, other property, services, etc.).
            

          7.    Give a complete description and state the present value of any collections you own such
      as stamps, coins, paintings, antiques, etc.
      

       8.    If, during the past four years, you have been an officer, a director, or a consultant to any
   corporation, partnership, joint venture, or other entity, identify that relationship.
   

       9.    If, during the past four years, you purchased or had an ownership interest in any securities, including stocks, bonds, debentures, or mortgages, state
   

   1. the name of the corporation or entity,
      
   2. the type and number of shares,
      
   3. the type of ownership,
      
   4. the date of acquisition,
      
   5. the purchase price,
      
   6. the present market value, and
      
   7. the amount owed, if any.
      

       10.    If, during the past four years, you have sold any securities, state
   

   1. the type and number of securities sold,
      
   2. the name of the security,
      
   3. the date of the sale,
      
   4. the sale price,
      
   5. the net gain or loss resulting from the sale, and
      
   6. the name and last known address of the purchaser.
      

          11.    If, during the past four years, you have had any savings or checking accounts in your name, solely or jointly with others, with any bank, stock broker, or other financial institution, state
      

   7. the name and address of the institution,
      
   8. the type of account,
      
   9. the names on the account and the type of ownership,
      
   10. the persons authorized to draw on the account,
       
   11. the date the account was opened,
       
   12. the date the account was closed,
       

       g,    the account number,
       

   13. the balance on deposit 30 days before this lawsuit was commenced,
       
   14. the balance on the date of these interrogatories, and
       

       j,    the present balance, if any, or the balance when the account was closed.
       

       Please provide copies of the monthly statements for each account for six months preceding the filing of this lawsuit and for every month after the suit was filed.
       

       
        

       12.    If, during the past four years, there have been any bank accounts on which your name did not appear in which you either deposited or withdrew any money, state
       

       1. the name and address of the bank,
          
       2. the name on the account at the time of each deposit or withdrawal,
          
       3. the account number,
          
       4. the date and amount of each deposit and withdrawal you made, and
          
       5. the reason for the deposit or withdrawal.
          

   13.    If there are any safe deposit boxes, vaults, safes, or other places of deposit and safekeeping in which you deposited or had on deposit any money, documents, or other items of personal property during the past three years, or to which you have a right of access, state
   

   1. the name and address of the location,
      
   2. the number or other means of identification,
      
   3. the name and last known address of each person authorized to enter it,
      
   4. the date you obtained rights to deposit assets at the location,
      
   5. the contents presently contained there, and
      
   6. an inventory of all contents removed since this lawsuit commenced.
      

      
       

       14.    If you have had any interest in any real property during the past four years (including
   property in which your interest is a reversion, remainder, or contingent), state
   

   1. the address and legal description,
      
   2. a description of the property,
      
   3. the conditions and terms tinder which it is held,
      
   4. the present market value of the property and your interest in it, and
      
   5. the date that interest began.
      

      Attach all agreements that contain any of the terms by which the property is being held for your. benefit.
      

       15.    If you hold property for the benefit of another person in trust or otherwise, state
   

   1. the name and last known address of the beneficial owner,
      
   2. a description of the property,
      
   3. the present market value of the property,
      
   4. the current amount of any liens or encumbrances on it,
      
   5. the conditions and terms under which it is held, and
      
   1. the date the interest began.
      

      
      Attach all agreements that contain any of the terms by which you are holding the property
      for the benefit of another.
      

   16 If, during the past four years, you owned or had an interest in any life insurance or
   
   

   1. the name and address of the insurance company,
      
   2. the number of the policy,
      
   3. the type of the policy (for example, term, whole life, etc.),
      
   4. the, face value of the policy,
      
   5. the amount of the annual premium,
      
   6. the name and last known address of each beneficiary named in the policy,
      
   7. the name and last known address of each owner of the policy,
      
   8. the amount and date of each loan on the policy during the past three years,
      
   9. the current loan balance, and
      
   10. the present cash surrender value including dividends.
       
   1. List in detail any benefits that you receive or to which you
      are entitled, together with their actual or estimated value, from any association, employer (past or present), or other entity, including but not limited to automobile, travel, and entertainment expenses; bonuses; and health, accident, and hospitalization insurance.
      
   2. List all sources of income you have had during the last four years not referred to in the
      

      preceding interrogatories, together with the gross amount received from each source and the approximate dates you received them.
      

   1. If you own or have an interest in any personal property, real property, or stun of money that you claim your spouse has no interest in, state
      
      1. A description of the property,
         
      2. the location of the property,
         
      3. the present value of the property,
         
      4. the date and method of acquisition of the property,
         
      5. the source of funds used to acquire the property,
         
      6. the name of each owner of the property and his or her ownership interest, and
         
      7. the reason you claim that your spouse has no interest in the property.
         
      1. If you have any outstanding obligations (not referred to above), including but not limited to mortgages, conditional sales contract obligations, promissory notes, or charge or credit
         
         1. accounts, state
            
         2. the name and address of the creditor,
            
         3. the form of the obligation,
            
         4. the date the obligation was incurred,
            
         5. what you received in exchange for the obligation,
            
         6. a description of any security given for the obligation,
            
         7. the amount of the original obligation,
            
         8. the rate of interest on the obligation,
            
         9. the present unpaid balance on the obligation,
            
         10. the date and amount of installment repayment,
             
         11. whether each obligation is current or delinquent and, if delinquent, for how long, and
             
         12. the names and addresses of any codebtors,
             

       21.    What loans have been repaid by you or on your behalf during the past year?
   

       22.    If you transferred property of any nature to others in trust, by gift, by loan, or otherwise during the past four years having an aggregate value in excess of $500, state
   

   1. a description of the property,
      
   2. the name and last known address of the party to whom a transfer was made,
      
   3. what you received in exchange for the transfer,
      
   4. the value of the property at the time of the transfer,
      
   5. the present value of the property,
      
   6. the present Location of the property, and
      
   7. the exact details of the transfer. Attach copies of any writing that contains information regarding the transaction.
      

      
       

      23.    If, during the past five years, you have prepared, signed, or submitted any financial statement for any purpose whatsoever, state
      

      1. the date of each statement;
         
      2. the name, last known address, and telephone number of the person or entity who prepared each statement;
         

         c,    the name, last known address, and telephone number of the person or entity to whom each statement was submitted;
         

      3. the purpose of preparation; and
         
      4. the name, last known address, and telephone number of each person or entity that has a copy of the statement.
         

   Attach a copy of each statement.
   

   24.    If, other than this lawsuit, you have any interest in or are a party to any other action now pending or in which there is an unsatisfied judgment in any court, administrative agency, etc., state
   

   1. the nature of the interest;
      
   2. the nature of the case
      
   3. the court, the title, and the docket number; and
      

      d.    the amount of any unsatisfied judgment, together with the name and address of the obligor and the obligee.
      

   25.    If you own or have an interest in any property of any nature not referred to above, state
   

   a.    a complete description of the property;
   

   b.    the present Location of the property;
   

   c.    the estimated present market value of the property;
   

   1. the indebtedness now owing on the property and the name and address of the party to whom it is owed; and
      
   2. the name, last known address, and telephone number of every other person with an ownership interest in the property, indicating the nature and extent of each person's interest.
      

       26.    Have you been a party to any agreement in which you granted an option to anyone to purchase any of your assets during the past five years? If so, please specify the terms of that option agreement.
   

       27.    If, during the past three years, you offered to sell or anyone offered to purchase any of the property in which you currently have an interest, state
   

   1. the name and last known address of the offerer,
      
   1. the name and last known address of the offeree,
      
   2. the property subject to the offer,
      
   3. the date of the offer,
      
   4. the amount of the offer,
      
   5. the offeree's
      response to the offer,
      
   6. whether the offer was oral or written, and
      
      1. the name and last known address of each party who has a copy of the offer or the reply to it.
         

      Attach a copy of the offer and responses to the offer,
      

          28.    If any of the assets mentioned in your answers to interrogatories have been appraised or evaluated during the past three years, state
      

      1. the name, last known address, and telephone number of the party who made the appraisal or evaluation;
         
      2. the name, last known address, and telephone number of the employer of each person mentioned in your answer to the prior interrogatory;
         
      3. the purpose for which it was made;
         
      4. the date it was made; and
         
      5. the appraised value.
         

         
          

   29.    What is your date of birth?
   

   1. What is your Social Security number?
      
   1. What is you driver's license number?
      
   2. State the name, last known address, and telephone number of each person you may call on to testify at the trial of this cause and indicate the specific nature of each person's anticipated testimony.
      
3. Attach to your answers to these interrogatories copies of anything you may introduce as an exhibit at the trial.
   
4. Identify each and every educational institution you attended since and including high school and for each such institution state
   
   1. its name and address,
      
   2. your dates of attendance,
      
   3. your areas of study, and
      
   4. the degree or certificate you acquired.
      

      
       

   1.     Do you have any cash
      in excess of $500 in your custody, or does anyone else hold any cash for you? If so, specify the amount of the cash in U.S. currency equivalent and its location. If someone else has custody of this money, state the name, address, and telephone number of this person.
      

   
    

   Cheetum, Dewey & Howe
   

   
   By ____________________________________
   

   
    

   CHRINCHUTTON CHEETUM (P01010)
   

   Attorney for Plaintiff
   

   1500 Sabertooth Tiger Boulevard
   

   Sandstone, MI 49099
   

   (269) 777-1111
   

   
    

   
    

   
    

   
    

   Dated:__________________________________

Comprehensive Brief of Palsgraf, v Long Island Railroad Co:

 

CITATION: Palsgraf, v Long Island Railroad Co, 248 N. Y. 339; "162 N.E. 99 "1928"

PARTIES: Palsgraf /Plaintiff/Plaintiff at trial/Respondent / Respondent, Court of Last Resort

Long Island/Defendant/Defendant at trial/Appellant/ Appellant, Court of Last Resort

OBJECTIVE OF PARTIES: Palsgraf was seeking payment of damages she sustained when a railway scale fell on her.

     Long Island railroad was seeking to avoid paying damages to Palsgraf.

THEORIES OF THE LITIGATION: 1. TRIAL: Palsgraf sought damages from the Long Island Railroad Using the tort of negligence; a jury found for the plaintiff Palsgraf. The opinion does not state the railroad defenses at trial but it is assumed they argued they were not negligent.

2. APPEAL: The railroad appealed stating that Palsgraf "failed to establish that her injuries were caused by the negligence of the defendant and it was error for the court to deny the defendant's motion to dismiss the complaint". And respondent said "The judgment of affirmance was amply sustained by the law" the court affirmed the trial courts finding.

3. APPEAL TO COURT OF LAST RESORT: The Majority decision of the court was to overturn the lower court based on the element PROXIMATE CAUSE (the legal theory of the unintentional tort of negligence requires 4 elements all of which must be met).

HISTORY OF THE LITIGATION: 1. TRIAL COURT: Palsgraf the plaintiff brings suit against Long Island Railroad for damages from negligence.

RESULT: Judgment by the jury for Palsgraf

Prior Proceeding; 2. First Appeal: The appellant court affirms trial courts judgment for respondent Palsgraf

Present Proceeding; 3. Appeal by Long Island Rail Road at court of last resort

FACTS: "Plaintiff was standing on a platform of defendant's railroad after buying a ticket to go to Rockaway Beach. A train stopped at the station bound for another place two men ran forward to catch it . One of the men reached the platform of the car without mishap, though the train was already moving. The other man carrying a package, jumped aboard the car, but seemed unsteady as if about to fall. A guard on the car, who had held the door open, reached forward to help him in, and another guard on the platform pushed him from behind. In this act the package of small size about fifteen inches long and it was covered by a newspaper. In fact it contained fireworks. But there was nothing in the appearance to give notice of its contents. The fireworks when they fell they exploded. The shock of the explosion threw down some scales at the other end of the platform, many feet away. The scales struck the plaintiff, causing injuries for which she sues.

ISSUE: Is the act of the servant (employee of the railroad) the proximate cause of the damages to Palsgraf?

HOLDING: NO

A reasonable person would not have been able to foresee that the newspaper covered parcel would pose a threat to someone not in the vicinity of it; so the employee of the railroad was not the proximate cause of the damage to Mrs. Palsgraf. The explosion was the proximate cause. Using the same rationale the court says the only actionable wrong committed was the damage done to the dropped packages contents. One wrong does not transfer into a different type of wrong i.e. the negligence against property does not make what happens next to be any ones fault if it is not foreseeable to a uninterested reasonable person.

DISPOSITION: The appeals court judgment is reversed with costs levied against Palsgraf. Writing for the Majority was Justice Cardozo

DISSENTING OPINION: written by ANDREWS In a nut shell all people should be held accountable for their actions and pay to right the wrongs that those actions caused and if a direct line can be drawn to something that they did that ultimately caused that harm they should right the wrong or make that person whole again.

MY OPINION: This case is about limiting suits, that not everything is somebodies fault sometimes things just happen and you have to bear the loss yourself.

 

Assignment 10 brief

 

 

 

 

 

November 22, 2010

 

Via Hand Delivery

 

 

Kellogg Community College

Paralegal Course 110 - section 01

Instructor Susan M. McCabe, J.D.

450 North Avenue

Battle Creek, Michigan 49017-3397

 

Re: Assignment #10: Brief of Palsgraf v Long Island Railroad

 

    Dear Ms. McCabe:

 

    As requested by the Course Materials Packet for PARA 110 Section 01, please find enclosed a copy of assignment #10. That is due on today's date Monday November 22, 2010 at the beginning of class

 

Please review the assignment at your convenience and return it to me at a future class session.

 

If any additional information is required I would be pleased if you would contact me at 269-580-8889 or by email at k0018598@kellogg.edu.

 

 

Sincerely

 

 

----------------------------------------------

Paralegal Student ID # 7676

Midterm not quite finished

Question #1: Interviewing is one of the fundamental skills that paralegals and legal assistants must master. Assume that you have been asked by an attorney at your law firm to train a new paralegal to be a proficient interviewer. In a comprehensive and detailed memorandum to your new colleague, provide the following information:

• Define interviewing in the legal context, discuss the types of legal interviews that a paralegal might do, explain the purposes of interviewing, and provide a detailed step-by-step explanation of the interviewing process;
  
• Explain in depth what skill a proficient interviewer must possess, and provide detailed strategies to help your colleague develop those skills;
  
• Provide detailed information that will assist your new co-worker become a superior interviewer (i.e. discuss ways to formulate questions, question types and why they are effective, ways to prepare for an interview, the interview environment, etc. ); and
  
• Share all additional knowledge, insight and suggestions that will assist your new colleague master interviewing.
  

  Be sure to define any key terms that you use that you use in your memorandum, and provide useful examples to illustrate your discussion. Include all statutory, case law, source citations and references.
  

  November 15, 2010
  

  
   

  Via Hand Delivery
  

  
   

  
   

  Snidley C. Whiplash Attorney
  

  450 North Avenue
  

  Battle Creek, Michigan 49017-3397
  

  
   

  Re: Interviewing for Paralegals
  

  
   

      Dear Mr. Whiplash:
  

  
   

      As you requested please find enclosed the following information on Interviewing for Paralegals for our office.
  

  
   

  Please review the assignment at your convenience and submit any and all corrections to me. I will then forward to all new paralegals on your staff.
  

  
   

  If any additional information is required I would be pleased if you would contact me at 269-580-8889 or by email at k0018598@kellogg.edu.
  

  
   

  
   

  Sincerely,
  

  
   

  
   

  ----------------------------------------------
  

       Paralegal Student ID # 7676    
  

  
   

  
   

  Interoffice Memorandum on Interviewing
  

  In the law there are at least four major types of interviews conducted
  

• Intake interview
  
• Initial client interview
  
• The follow up interview
  
• The field interview of someone other than the client
  

  Interviewing for a paralegal is to assist their attorney with the gathering of facts, proper interviewing can mean the difference of success and failure for the firm's clients.
  

  The purpose of the intake interview is to determine if our firm can accept the potential client by screening for ethics issues such as we have represented or talked to the opposing parties or if it is a type of case the firm handles and can we as a firm work with the type of person the client is i.e. angry or uncooperative and untrusting etc… and how knowledgeable the client is.
  

  If the intake interview does not shoot up any red flags the firm can decide to continue and using information from the intake interview to set up an Initial client interview where more in depth question will be asked, usually a check list of required information will be used as a start of the interviewing process and based on the answers and conversation with the client additional areas of inquiry will be explored. The lawyer will then take that information and possibly assign the paralegal with field investigation of the facts. Then using all the information gathered there maybe a follow up interview to clarify the facts
  

  
   

  
   

  
  

  
   

  We will discuss each one in detail starting with the intake interview. When a client first contacts the firm we must gather enough information to determine if the firm has a conflict of interest so there will not be an ethics problem with an existing or past client. Depending on the firm a receptionist or a Paralegal may collect the basic information such as address, telephone numbers, court location, any deadlines, and type of case such as divorce or criminal charges. Then an Intake memo will be drafted using a Heading and below that the memo will contain the name of who wrote the memo the supervisor's name, the date of when the interview was conducted and when the memo was written and all of the other data collected during the intake interview. Once the client has been vetted and there are no ethics or other problems an Initial Client interview will be conducted.
  

  "The initial client interview is critical because it sets the foundation for the entire litigation process." So it is important to work on your interviewing skills. In small and solo practices the Attorney may be the one that handles the initial client interview or has the paralegal assist. In larger firms or in more standard types of cases it may just be the paralegal to conduct the interview. If the duty falls to you the paralegal then you must use many diverse skills to get all of the pertinent facts. You should ask your lawyer if there are any specific areas of inquiry they require. It is important to group the facts in groups that are relevant to the legal question being asked. (Statsky, 2009)The way to decide how to do this is by the use of six different methods. These methods overlap and will be used when needed during the interview. Ask your lawyer for instructions each different lawyer may have different requirements but always remember it is the facts which are important and it is better to error on the side of caution and get too many facts then not enough. Write a check list; ask if one is already used by the office, some cases have many details required such as bankruptcy. But a check list is just a starting point and you should use the answers to it and common sense to formulate more questions as you interview, be flexible. Do some basic legal research into the subject before the interview you may turn up additional questions to ask.
  

  One of the most important methods is Fact Particularization: it is when you apply the 5 W's and the H to the fact who, what, where, when why and how. You must assume that you don't really know that much about each fact and ask questions from all angles to get closer to the truth. Ask also how the client feels about fact and also have them make analogies. When have you seen it done that way before? Or Did it sound just like a train? You should also ask for documents or anything that can back up what the client tells you or gives you a different perspective about the fact. Another avenue when asking about facts is to get the client to tell you how sure they are about the facts you can use a scale like they use in your doctors office 1-5, 5 being the worse pain you have ever felt to 1 no pain. Just convert it to only a guess to absolutely certain. When the client gives you a vague answer make sure to firm it up by using this technique or ask some other Corroborative question like "Was anybody else there to hear it?" If not make it plain in your notes that you need some other method to confirm that fact.
  

  There are different ways of asking questions that will get you a different type answer, here are a few different question types.
  

• Open ended: Why are you here today?, Tell me what happened? What would you like to happen? How can I help?
  
• Closed-ended questions: Was the bank open when you went inside? What is your date of birth? Were you driving? Do you own a car?
  
• Overview Questions: Please tell me the reason you are seeking a Bankruptcy? Please give me a brief explanation of the events leading up to this?
  
• Timeline questions: Please tell me what happened in the order that it happened. What happened next?
  
• Leading questions: You had the shotgun and he had the pistol, right? When you hit him he fell down?
  
• Corroborative questions: Do you have the cash register slip for that purchase? Is there store video of the shoplifter? Was anyone with you when it happened?
  
• Combination questions: Did you stop runaway or fall when hit? (Multiple choice) or Did you go to the meat counter and did you like their steak prices? (add on question)
  
• Wrap up questions: Is there anything else you would like to add? Or What else should I have asked?
  

  There are different times to use each type of question except during interviewing the Combination question is not a good idea because it can lead to confusion on the answerer's part.
  

  If a client is nervous as well as they might be if they have to consult a lawyer it can be sometimes reassuring to start the interview with close ended questions that the can answer easily like their name and birthdate etc… and once they feel more comfortable you can move on to more open ended questions then perhaps to Corroborative questions and go back and use fact Particularization to hone in on the answers you received.
  

  There a several more preliminary steps to take before the interview begins first how do you want you and the client to sit? If you sit higher and at the head of the table you take a position of dominance or control. What the client is facing is also important, having them facing a blank wall as opposed to a window or picture will help keep them focused on you and your questions. If it is at the desk you work at all files need to be put away and the computer screen can not have anything on it. You should not have conversations about any other clients while the client can hear and you should make sure that no one else not connected to the case can hear the client or you talking. When the client arrives you should be alerted so you can greet and take the client back to the interviewing area that you have already prepared the seating arrangement and have a pad and paper for the client to take notes if they want to. Make them comfortable and offer refreshments. You should have sent them a letter before the interview telling them what to bring and how to get to the office and how long it might take now is the time to go back over what you will be talking about the items requested and how long it might take. Make sure to tell the client you are not a lawyer and you can not give legal advice but you will forward any questions the client has to the lawyer and you will get back to them with the lawyers answers. Let them know what they say to you is confidential and refrain from using legal jargon such as attorney client privilege. They might not understand or have a false knowledge of from watching TV or movies. As you begin interviewing the client use attentive listening techniques such as leaning forward, using verbal clues like uh huh, yes I see. It is important for you to project calm assurance being sure of yourself helps the client to believe in your competence.
  

  Take notes, it shows you care about what they say, so be careful when you stop taking notes not to convey you don't care. Use the client's name, everybody's favorite sound is the sound of their own name and it helps build a personal connection. Paraphrase back what they tell you and have them check the accuracy so they can see how important it is and make sure you understand what they are trying to tell you. When one of their answers opens up a line of inquiry not covered in your prepared questions make sure to follow up on it, it shows you are not trying to just fit them in a preconceived one size fits all solution even if the case seems routine to you, it is not routine for your client. On the same point something not to do; don't finish their sentences for them, or act impatient with the speed that they answer your questions. Avoid interrupting unless absolutely necessary to clarify a point.
  

  Watch their body language to get clues to how they are reacting to your questions and use your own body language to convey messages to them; such as leaning back and putting your pencil down across your writing pad would be construed as disbelief. After you have completed your questions ask the client for a minute to review your notes carefully reread them and jot down any additional follow up questions you have to ask. When you have finished with those ask the client if there is anything else they needed to tell you. After that ask them if they have any questions for you, but be careful not to give legal advice on the based on the facts of the case. Thank them for there time, remember they are your client you owe your job to them. Let the client know the next steps in the case and when you will contacting them next. Make sure they have your contact information. As soon as you can, start writing the Memorandum while it is still fresh in your mind, do not wait till you can do research at least start and go back and fill in the research later. Make sure to also note the client the personality traits you observed during the interview and inform your lawyer in the memorandum Your interviewing skills will improve with practice. Ask your attorney any questions you have about the interview process. Keep your checklists and as you do more and more interviews keep refining them and comparing them with other Paralegals lists. Look for articles in paralegal newsletters and for continuing education seminars.
  

  
   

  Question #2: This question has three (3) parts, and requires you to provide comprehensive and detailed information!
  

  Part #1 – Describe in detail the generic federal court system in the United States. Discuss the structure of the court system, the levels of the courts, the names, locations, and the functions of each level of court in the system, characteristics of each level of the court in the system, responsibilities of each level of the court in the system, and any special or unique features of the various courts. You may attach a diagram, but use that as an illustration – a diagram alone is NOT a sufficient answer to this question.
  

  Part #2 – Describe in detail the federal court system in the Western part of Michigan (NOT the generic federal court system!). Discuss the structure of the court system, the levels of the courts, the names locations, and functions of each level of court in the system, characteristics of each level of court in the system, responsibilities of each level of court in the system, and any special or unique features of the various courts. You may refer to some of the information that you have already provided in part #1 of this question when appropriate. You may attach a diagram, but use that as an illustration – a diagram alone is NOT a sufficient answer to this question.
  

  
   

  PART #3 – Describe in detail the Michigan state court system in Calhoun County, Michigan ( NOT the federal court system!). Discuss the structure of the court system, the levels of the courts, the names, locations, and functions of each level of court in the system, characteristics of each level of court in the system, responsibilities of each level of court in the system, and any special or unique features of the various courts. You may attach a diagram, but use that as an illustration – a diagram alone is NOT a sufficient answer to this question.
  

  Generic Federal Court System
  

  The federal court system was enacted by the U.S. Constitution article III
  

  Article III
  

  The judicial power of the United States
  

  shall be vested in one supreme Court,
  

  and in such inferior Courts as the
  

  Congress may from time to time
  

  ordain and establish. The Judges,
  

  both of the supreme and inferior
  

  Courts, shall hold their Offices
  

  during good Behaviour, and shall,
  

  at stated Times, receive for their
  

  Services, a Compensation, which
  

  shall not be diminished during
  

  their Continuance in Office.
  

  The federal courts do not enforce the law they decide if it is constitutional or the intent of the law as written by the legislature. The federal judges are protected from the pressures of popular and political opinion by several rules the founding fathers set up one is that they are appointed for life and only can be removed by impeachment, death or retirement. Their pay can not be lowered while in office.
  

  Are federal system is setup with checks and balances to keep our government running smoothly and for the people. The court is affected in different ways by each of the other branches The Executive Branch; President and his cabinet, Attorney Generals office etc… The executive branch appoints the federal judges with the "advice and consent" of the Senate
  

  Congress decides how many judges there will be and where they will work congress also sets the budget for the federal courts. Congress also has the power to create federal courts other than the Supreme Court and to determine what types of cases the other courts can hear.
  

  The lowest Federal court is the Federal trial court. Trial courts are broken up into District Courts which is the "Principle court" which can hear most types of cases, it is a court of dual jurisdiction i.e. it can try criminal ( crimes against the people) i.e. the people v. John Doe or a Civil case John Doe v. Santa Claus (people v. people). There are also Trial specialty courts; each district has Bankruptcy court. The Federal District courts are finders of fact they may use a jury or have a bench trial. They hear testimony from witnesses and experts they use written documents and other evidence to prove or disapprove a case. All of what is put on the record in this level is what they have to use in the higher courts to decide appeals. However to be heard by the Federal trial court there are several requirements "diversity of citizenship" the litigants must be from different states or one of them from a different country also the amount in dispute must be greater than 75,000 dollars. It has to be an actual case or controversy not a hypothetical problem. If a civil case the person bringing the suit must actually have suffered a harm or damages (have standing) and the court must have legal way to remedy that harm if the constitution or federal statue do not give the judicial branch a specific power to correct a wrong they can not hear the case.
  

  The next level is the appeals court you have an automatic right to an appeal to the federal appeals court from federal trial court you must do so within 21 days of the signed judgment of the trial court. The court speaks through its written order not what it is verbally says. The appeals court can only look at the written record to decide if the trial court judge made an error. The Federal appeals court can decide to confirm the judgment of the trial court (agreeing with it) Remand it or send it back to the trial court with instructions to do something a different way and try again. Or overturn the judgment (reversing it). The appeals court consists of three judges or that sit En banc or all at once. If two out of three agree they write the majority opinion if you do not like that answer you can apply to the SUPREME COURT of the United States For a writ of certiorari. There are 9 justices on the Supreme Court and they use the rule of 4 to decide if the will hear your appellant case.
  

  So if 4 of them want to hear it they will grant you a writ certiorari. Less than one percent of cases are granted a writ. For the court to hear your case it needs to be a rule not reviewed before or new or novel application of the law or political like Gore v. Bush the presidential campaign with hanging chads and such. Or for two different appellant courts in different federal districts to have came up with a different answer to the same legal question. They have the same options and restrictions that the appellant court had but the Supreme Court is a court of last resort there is no higher court to hear an appeal.
  
  

  
   

  UNITED STATES SUPREME COURT
  

  
   

  
   

  U.S. Courts of Appeals
  

  12 Regional Circuit Courts of Appeals
  

  1 U.S. Court of Appeals for the Federal Circuit
  

  
   

  U.S. District Courts
  

  94 judicial districts
  

  U.S. Bankruptcy Courts
  

  U.S. Court of International Trade
  

  U.S. Court of Federal Claims (for suing the government)
  

  
   

  
   

  FEDERAL COURTS
  

  AND OTHER ENTITIES
  

  OUTSIDE THE
  

  JUDICIAL BRANCH
  

  Military Courts (trial and appellate)
  

  Court of Veterans Appeals
  

  U.S. Tax Court
  

  Federal administrative agencies and boards
  

  Western Michigan federal court system
  

  Court's Name	Western District of Michigan
  Court's Address	110 Michigan St., NW, Grand Rapids, MI 49503 (Headquarters) 229 Federal Bldg., Marquette, MI 49855 410 W. Michigan Ave., Kalamazoo, MI 49007 315 W. Allegan St., Lansing, MI 48933
  Court's Phone Number	(616) 456-2381 (Grand Rapids - Headquarters) (906) 226-2021 (Marquette) (269) 337-5706 (Kalamazoo) (517) 377-1559 (Lansing) ELECTRONIC FILING HELP DESK: (800) 290-2742 or (616) 456-2206
  Court's Email Address	General Questions: info@miwd.uscourts.gov Electronic Filing Questions: ecfhelp@miwd.uscourts.gov
  Court's Hours	Office Hours 8:30 a.m. - 4:30 p.m., Monday-Friday, except Federal Holidays Phone and ECF Help Desk hours 8:00 a.m. - 5:00 p.m., Monday-Friday, except Federal Holidays

  
   

  U.S. Court of appeals for the Sixth District
  

  Court Address:
  100 East Fifth Street
  540 Potter Stewart U.S. Courthouse
  Cincinnati, OH 45202
  

  Phone: (513) 564-7000
  

  
   

  Supreme Court of the United States
  

  
   

  
   

  The Federal trial court for the western part of Michigan is called the United States District court for the Western district of Michigan it has its headquarters in Grand Rapids and Court locations in Kalamazoo, Lansing and Marquette I have covered in the general court description what the court has jurisdiction over.
  

  If you appeal a judgment by the district court it will be handled by U.S. Court of appeals for the Sixth District. The Sixth district handles cases from several states which include Michigan, Kentucky, Ohio and Tennessee. The appeals court was founded by the Evart act in 1891 to replace the circuit courts that existed at the time it was then called the Circuit court of appeals but in 1948 the name was changed to the United States Court of Appeals for the Sixth Circuit. In some other Districts they do not have separate appeals courts for the Bankruptcy court but the Sixth district does. The court is held by statute in Cincinnati, OH
  

  If the case is appealed again they have to get permission to go to the Supreme Court of the United States please see the generic section for the details.
  

  
   

  
   

  
   

  State of Michigan Court system
  

  The District court is a court of general jurisdiction it handles civil cases person v. person and Criminal Cases the state or the people of v. person. Civil cases must be under 25,000 dollars and criminal case that involve less than year in jail. They also handle most of the traffic violations and land lord tenant disputes they have bench (the judge decides) and Jury trials The District court also has the Small claims court it handles civil cases less than 3,000 dollars. All criminal cases start in District court and that is where bail is set and they decide if the defendant will be charged with a felony or misdemeanor (cases where the accused, if found guilty, cannot be sentenced to more than one year in jail) if a felony the case is moved to the Circuit court. Our District court in Calhoun County is the 10^th district court of Michigan. District court judges are elected for a term of 6 years.
  

  37th Judicial Circuit Court
  

  Calhoun County constitutes the 37th Judicial Circuit and currently has four Circuit Judges. This is a court general jurisdiction like the district court but in civil cases the dollar amount must be over 25,000 dollars and in criminal cases it involves Felony charges ( go to prison, sentences longer than year) it also hears appeals from the district court and Probate court. Much like other appeals court it only looks at the written record when hearing these appeals. They also have Jury and bench trials. It has several divisions' the Family court which has jurisdiction on domestic relations child custody and mental health cases like guardianships and conservatorship. The family court does not use jury trials for domestic relations or adoptions; another division is the Probate court which handles wills and trusts
  

  The trial court to sue the State of Michigan is the COURT OF CLAIMS in the 30^th Circuit Court of Ingham County there are no jury trials and it is for claims over 1000 dollars against the State of Michigan.
  

  COURT OF APPEALS OF MICHIGAN
  

  Has four districts and 28 judges you have the automatic right to appeal from the Circuit Court or the Court Of Claims you must appeal within 21 days of the written judgment unless it has to do with parental rights you only have 14 days You may file at any of the four district courts. The appeals court only works from the previous courts record. You can appeal the decision from this court to the State. Or Federal Supreme court if you have a federal issue but only if the courts grants it.
  

   

  
   

  The Supreme Court of the State of Michigan
  

  Have 7 justices who are elected by a non partisan ballot. The justices consider applications to see what appeals they want to take, they use the rule of three to decide if they will take the case i.e. if three judges want to then they take the case it is the Court of last resort in State matters.
  

  
   

  
   

  
   

  
   

  Question #3: You have been invited to speak to a group of students enrolled in an "Introduction to Paralegalism" class at a local community college. These Students know very little about being a paralegal or legal assistant, and the instructor for the class has asked you to cover the following material for this eager group of students:
  

  • Define the terms "legal assistant" and "paralegal" and explain how / when each term should be used in Michigan;
    
  • Discuss in depth the importance of paralegal education and formal training, discuss the characteristics of reputable formal education programs, and explain to the students how they can research and locate a reputable educational programs;
    
  • Explain in detail the differences between registration, voluntary certification, and licensure/regulation, provide detailed information on the each of the various voluntary certification examinations- including their value to a paralegal, and discuss the status of licensure/regulation in Michigan;
    
  • Identify and discuss in depth the functions, role, and value of membership in each of the major paralegal professional organizations (ie NALS, NALA,NFPA, etc.), and provide contact information for each of these organizations;
    
  • Identify and explain in depth the role of the American Bar Association (ABA) and the Association of Paralegal Education (AAfPE) in the growth and development of the paralegal profession and quality paralegal education and training; and
    
  • Provide a comprehensive discussion of the various career opportunities and options for paralegals, including work sites, compensation, specialty areas of practice, etc.
    

  Question #5 – Explain why paralegals and legal assistants in Michigan must comply with all of the provisions of Michigan's Rules of Professional conduct for lawyers licensed to practice law in Michigan.
  

  Michigan paralegals are bound by the quoted following law MCL 600.916 since a paralegal is not a licensed attorney they would be in contempt of court if they gave legal advice or set fees for legal services ie the unauthorized practice of law.
  

  
   

  "REVISED JUDICATURE ACT OF 1961 (EXCERPT)
  Act 236 of 1961
  

  
  
  600.916 Unauthorized practice of law.
  

  Sec. 916.
  

  (1) A person shall not practice law or engage in the law business, shall not in any manner whatsoever lead others to believe that he or she is authorized to practice law or to engage in the law business, and shall not in any manner whatsoever represent or designate himself or herself as an attorney and counselor, attorney at law, or lawyer, unless the person is regularly licensed and authorized to practice law in this state. A person who violates this section is guilty of contempt of the supreme court and of the circuit court of the county in which the violation occurred, and upon conviction is punishable as provided by law. This section does not apply to a person who is duly licensed and authorized to practice law in another state while temporarily in this state and engaged in a particular matter.
  

  (2) A domestic violence victim advocate's assistance that is provided in accordance with section 2950c does not violate this section.
  

  
  History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2000, Act 112, Eff. July 1, 2000
  

  
   

  
   

  
   

  
  In the Michigan Rules of Professional Conduct paragraph (b) copied below it makes the lawyer responsible for the conduct of the non-lawyer
  

  
   

  
  (1.0, MRPC) Rule 5.3 Responsibilities Regarding Nonlawyer Assistants
  

  With respect to a nonlawyer employed by or retained by or associated with a lawyer:
  

  (a) a partner in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person's conduct is compatible with the professional obligations of the lawyer;
  

  (b) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer; and
  

  (c) a lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer if:
  

  (1) the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved; or
  

  (2) the lawyer is a partner in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable
  remedial action.
  

  Michigan Rules of Professional Conduct
  

  Comment - Rule 5.5
  

  [1] Limiting the practice of law to members of the bar protects the public against rendition of legal services by unqualified persons. Paragraph (b) does not prohibit a lawyer from employing the services of paraprofessionals and delegating functions to them, so long as the lawyer supervises the delegated work and retains responsibility for their work. See Rule 5.3. Likewise, it does not prohibit lawyers from providing professional advice and instruction to nonlawyers whose employment requires knowledge of law; for example, claims adjusters, employees of financial or commercial institutions, social workers, accountants and persons employed in government agencies. In addition, a lawyer may counsel nonlawyers who wish to proceed pro se.