Civil Litigation law homework help
A trial brief is typically prepared and provided to the Judge and the opposing party, which sets forth various aspects of the case and what will be presented at trial. Different jurisdictions have different rules as to when the brief must be filed and what it must contain.
Your supervising attorney, Janie Lynch, has prepared a portion of a trial brief for an upcoming trial; she has entered the case law and her analysis of the law.
However, she would like for you to prepare the factual section of the brief from her notations below (which are rather unorganized), and to format a section regarding the names of the witnesses to be called. She would like to include all witnesses who are named in her notes below, or in the analysis section of the brief.
- In August of 2014, Mr. Smith was terminated, and contained in the termination notice were numerous false allegations.
- As a result of the false allegations, the surrounding circumstances of harassment of Mr. Smith and his termination, Mr. Smith filed suit against Apple Pie, alleging defamation.
- Smith was employed (for the second time, and the time period pertaining to this matter), by the Apple Pie Company as a Counselor, on or around May 18, 2008, until his termination on August 25, 2014.
- During his employment with Apple Pie, Smith witnessed numerous ethical violations and concerns.
- He followed correct procedure by filing four complaints over his concerns.
- Included in the termination notice were numerous false statements pertaining to Smith.
- The complaints pertained to ongoing issues with Ms. Brown, Smith’s supervisor, and issues with the Apple Pie.
- Mr. Smith was accused of engaging in a personal relationship with a client.
- Mr. Smith did not engage in any personal relationships with clients outside of work.
- As a part of his employment, Smith attempted to act in the best interest of the clients of Apple Pie; when clients were concerned that their grievances against other Apple Pie employees were not being responded to or handled, Mr. Smith obtained signed releases from those clients to aid them by further looking into their complaints.
- Each release was obtained as the result of a concerned client.
- On August 6, 2014, a meeting was held where Ms. Richards, Apple Pie President, falsely accused Mr. Smith of failing to respond to a rumor of a client bringing a gun onto Apple Pie property; Mr. Smith was not even working on the day in which he allegedly knew of the gun.
You should also review the entire brief for spelling and grammar issues, as well as correct instances in which names are misspelled, the Defendant’s name is in all capitals, etc.