1997 

Alexander v. BTI and Bell (February 1997, MPT-1).  Applicants represent the defendants, Briarwood Tennis, Inc. (BTI) and the club's tennis director, Sandy Bell, in an action for negligence.  The plaintiff alleges that she sustained an eye injury during a warm-up session with Bell.  Applicants are instructed to prepare a brief in support of a motion for summary judgment on the tort theory of assumption of the risk.  The File includes a memorandum on how to write a persuasive brief, a medical summary, and excerpts from depositions of the plaintiff and defendant.  The Library consists of two cases.

In re Hayworth and Wexler (February 1997, MPT-2).  Applicants work for a law firm whose longtime client, Hank Hayworth, has asked to have a premarital agreement prepared in anticipation of his marriage to Wendy Wexler.  The firm also represented Wexler in a personal injury case that was settled two years ago.  Applicants are instructed to prepare a memorandum to the supervising attorney discussing the ethical issues relating to how Wexler's rights affect the enforceability of the agreement and what particular ethical problems are presented by Wexler's being unrepresented by independent counsel.  The File includes notes of an interview with the client and a partial first draft of the premarital agreement.  The Library contains a case and excerpts from the Franklin Rules of Professional Conduct.

In re Kiddie-Gym Systems, Inc. (July 1997, MPT-1).  Applicants work for a law firm whose business client, Kiddie-Gym Systems (KGS), contracted to furnish and install playground equipment at three malls.  Two days after KGS completed the first installation, a fire at the mall destroyed the equipment.  Applicants are instructed to prepare an opinion letter addressing the UCC issues relating to which party bears the risk of loss and whether KGS is obligated to pay shipping and handling charges billed by the equipment supplier.  The File includes guidelines for preparing opinion letters to clients and copies of the contracts between the parties.  The Library consists of excerpts from the Franklin Commercial Code and three cases.

State v. Devine (July 1997, MPT-2).  Applicants work for the District Attorney prosecuting David Devine for possession of cocaine with intent to distribute. During a one-day recess of the trial, applicants are instructed to write a persuasive brief arguing for admission of testimony of witnesses concerning two instances of prior criminal conduct, one that occurred two days before Devine's recent arrest and a second that occurred 18 months ago and that resulted in a conviction.  The File includes a memorandum on how to write trial briefs, a transcript of the trial, and a copy of the 1996 arrest report.  The Library contains the applicable criminal statutes, excerpts from the Franklin Rules of Evidence, and one case.