The “cartwheel” is a technique designed to assist paralegals in acquiring the skill of using indexes and tables of contents in law books. The “cartwheel” is a method of developing the habit of phrasing every word involved in the client’s research problem at least ten different ways. Using a legal thesaurus, such as Ballentine’s Legal Dictionary and Thesaurus, is helpful in developing this skill.
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For example, if you researched the issue of the validity of a client’s marriage that took place in Barbados, you would “cartwheel” the term marriage and begin your research using terms such as wedding, annulment, divorce, separation, celebration, ceremony, formality, wedlock, contract, religion, betrothal, minister, name change, jurisdiction, and prenuptial.
Please “cartwheel” each of the following problems and provide at least ten other terms that you would use in beginning a research project involving each of the following hypotheticals.
1. Your office’s client, Ms. Ivana Goe, has recently been arrested for trespass. It seems that Ivana was attending an NFL football game, and during halftime she used the “Men’s Restroom” at the stadium because the line to the women’s restroom was, in her words, “excessively long.” She was charged with trespass under a municipal ordinance. Please cartwheel this problem.
2. Your office’s client, Ima Klutz, recently slipped and fell in the back of a local grocery store. She requested to view, and possibly purchase, “day old bakery” and was informed by store personnel that the “day old bakery ” was on bins “in the back of the store”. Ima proceeded to the back of the store and through the doors marked “Employees Only” in search of the “day old bakery”. She then slipped and fell in that part of the store. Please cartwheel this problem.
a. In a single sentence, explain the purpose of an advance sheet.(2 points)
b. In a single sentence, explain the purpose of a pocket part and differentiate it from an advance sheet. (2 points)
c. In a single sentence, explain at least two purposes of loose-leaf services. (4 points)
d. In a single sentence, explain why, if available, advance sheets and pocket parts should always be consulted first in conducting legal research. (2 points)
Facts: Your office’s client, Hector Martinez, owns thoroughbred race horses. Last week, Buzz Bumstead, a stablehand whose primary duty is to clean the horse’s stalls at minimum wage pay, was admiring one of Hector’s champion horses, Pokey. Pokey had won the Kentucky Derby and was a favorite to win the upcoming Preakness.
After Buzz had asked some questions about the horse’s breeding and age, Buzz asked Hector, “How much will you take for Pokey?” Hector smilingly replied, “I’ll sell Pokey to you for $500.” “All right”, replied Buzz, “I’ll take Pokey.” Buzz simultaneously handed Hector $500 in cash. Hector immediately gave the money back to Buzz saying, “I had no idea that you had so much money. This horse is not for sale. Pokey would bring at least $500,000 at an auction or on the open market. It’s impossible for me to let you have Pokey for $500.” Although Hector refused to accept the money from Buzz, Buzz insisted that there was a valid contract and that he had bought the horse. Buzz has retained counsel to assist in enforcing the “contract”.
Hector has consulted your law office to ascertain if there is a valid contract and how he can get out of transferring ownership of Pokey to Buzz.
Your supervising attorney has given you the following project:
* list at least five issues that you would research;
* list at least five law books, series of law books, and/or WESTLAW databases that you would consult in preparing the memo of law;
* explain what information each of the law books, series of law books, or databases, that you mentioned in response to item 2, above, would provide you; and
* finally, rank the order in which you would utilize the law books, series, or databases, that you mentioned in response to item 2, above, from 1 (the first resource that you would consult) to 5 (the last resource that you would consult).