PLEG 265
Capstone Project Part 2 Pre-litigation Research Memo

To: Maxine Ifill
From: Paralegal, Sherrie Eustace
Re: Sue Davis v. Gary Steele
Date: September 12, 2013

ASSIGNMENT Review authorities provided to determine probable answers to the issues.
FACTS
Our client, Sue Davis, was in a car accident in Yankton, South Dakota. Sue sustained massive head injuries, and the paramedics did not think that she would make it to the hospital alive. Once all was said and done Sue incurred $400,000.00 in medical bills, $45,000.00 in lost wages, and $50,000.00 in property damage to her Bentley.
ISSUES
What court is proper in which litigation should be commenced? Why? Explain.
Who are the parties to the lawsuit? Analyze
- This is where it the laws that apply to the case are explained. - The jury must follow the instructions basing their verdict on the evidence, common sense and the law that has been provided.
3. Develop Theory of the Case - Facts about the case - Identify the key facts in the case - Explain Motives if any - Explain what we believe the outcome will be and why?
4. Analyze Opponents Case - Step back and look at the big picture from the opposing party’s side - What do we think the opposing parties goals are for this case? - What or when would make them give up? - What facts will they need to prove? - What rulings will they need to get?
5. Outline the Key Points of Contention - What are the key points that we need to prove? - What key points or issues does the opposing side need to prove? - What are the opposing party’s weaknesses? - Are there any pending cases that may influence the outcome of the issues at hand?
6. Review Local Rules. - We need to cite local rules that will influence out outcome of the case. - We need to check local rules and be sure that discovery is not postponed if a motion to dismiss is pending. - We need to be sure that we are aware of the procedures to follow in case a motion to compel is filed. (This is when the party being requested to provide discovery feels that the discovery request is insufficient.) - Not complying to a motion to compel could have its downfalls.
7. Prepare