Chapter 9 Exercises

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University of Houston, Clear Lake *

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MISC

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Law

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Jan 9, 2024

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Chapter 9 Exercises Assignment 1 Detail the steps for determining the key facts in a client’s case.- Step 1: Identify each cause of action possibly raised by the facts. Step 2: Determine the elements of each cause of action identified in step 1. Step 3: List all the facts possibly related to the elements of the causes of action identified in step 2. Step 4: Determine which of the client’s facts apply to establish or satisfy the elements of each cause of action—the key facts. Assignment 2 Detail the steps for determining the key facts in a court opinion.- Step 1: Read the entire case with the following general question in mind: “What was decided about which facts?” Step 2: Look to the holding. Step 3: Identify the facts necessary to the holding—the key facts. Assignment 3 Identify the background facts in the following cases: Flowers v. Campbell (presented in this chapter) “Plaintiff was 62 years old at fight time; defendant was 33. Plaintiff allegedly sustained a broken arm and a detached retina. Defendant's jaw was broken.” “ORS 163.160(1)(a) states that a person commits assault in the fourth degree if the person "intentionally, knowingly or recklessly causes physical injury to another."(Flowers v. Campbell). ORS 166.065 provides: (1) A person commits the crime of harassment if, with the intent to harass, annoy or alarm another person, the actor: (a) Subjects another to offensive physical contact; (b) Publicly insults another by abusive or obscene words or gestures in a manner intended and likely to provoke a violent response.
Lucero v. Sutten (presented at end of Chapter 10) Plaintiff was able to amass substantial savings in the course of his business in the tile industry. In February 2008, Plaintiff was approached by Mark Brady, an old friend, about loaning $300,000 to a developer for a mixed-use real estate development project in Las Vegas, Nevada. Plaintiff was to receive a $360,000 payment one month after making the loan. Brady, who was also the friend of an officer of the development company, stood to receive a “finder's fee” of up to $30,000 for assisting in the transaction. These terms were contained in a document entitled “Secured Promissory Note,” (the Note) which was forwarded to Brady by the developer. Brady suggested to Plaintiff that Defendant, a licensed attorney, review the document on Plaintiff's behalf. Defendant reviewed and made minor changes to the document without notifying Plaintiff that the purported the Note did not, in fact, create any security interest. Nor did Defendant apprise Plaintiff of any of the inherent risks involved in engaging in such a transaction. Instead, Defendant returned the Note with his edits to Brady but did not communicate directly with Plaintiff. Shortly after making the loan, the real estate market in Las Vegas, Nevada, suffered a “cataclysmic decline,” and the Las Vegas developer filed for bankruptcy. Plaintiff was never repaid any portion of the loan he had made because the senior lienholder's interests exceeded the value of the secured property after the market collapse. Plaintiff sued Defendant for professional malpractice, and the district court held a bench trial on the merits. The district court found that the parties had entered into an attorney-client relationship and that Defendant's actions fell below the standard of care and were negligent because he failed to adequately review the Note or advise Plaintiff about the nature and dangers of the proposed transaction. Nevertheless, the district court found that the decline in the Las Vegas real estate market operated as an independent intervening cause, severing the connection between Defendant's professional negligence and Plaintiff's losses. This appeal followed.
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