1999

Meley v. Boundless Vacations, Inc. (February 1999, MPT-1). Applicants represent a travel agency, Boundless Vacations, Inc. (BVI), whose client, Philip Meley, was robbed and beaten while on the most recent of a series of business trips BVI had arranged for him. Meley's lawyer claims BVI was negligent in reserving a room for Meley at a motel in a high crime area. Applicants are instructed to write a memorandum in which they analyze the legal and factual bases of BVI's potential liability, discuss the facts that support or undercut BVI's position, and identify additional facts that would strengthen BVI's position. The File includes transcripts of interviews with BVI's President and the employee who had arranged for Meley's travel, the demand letter to BVI from Meley's attorney, and an investigative report. The Library consists of excerpts from Restatement (Second) of Agency and two cases.

In re Sylvester Parks (February 1999, MPT-2). Applicants work for the law firm that has been retained by Bob Parks to challenge the validity of the will his father had executed while in the hospital during his final illness. Sylvester Parks, an eccentric peddler who repaired umbrellas from his pushcart and was known as "The Umbrella Man of Bristol," died rich and left his entire $750,000 estate to a cult called the Divine Inspiration Society. Applicants are instructed to write a memorandum that states the most persuasive arguments that can be made to attack the will on the theories of insane delusion and undue influence. The File includes notes of an interview with the client, the father's handwritten will, and a newspaper article. The Library consists of three cases.

In re Marina Martin (February 1999, MPT-3). Applicants represent Marina Martin in a dispute involving 100 acres of land. Martin has always believed her father, Steve Bailey, owned the land on which he lived for the last 35 years of his life, but she has received a letter from the current owner of the surrounding 2,475 acres demanding that she stop trespassing. Applicants are instructed to write an objective memorandum analyzing the legal and factual bases on which Martin might assert claims to the property. The File includes excerpts from an interview with the client, an investigative report, and excerpts from an interview with a worker at the hotel that owned the surrounding property during the time Bailey lived there. The Library consists of two cases.

In re Steven Wallace (July 1999, MPT-1). Applicants represent an artist, Steven Wallace, who left a painting titled "Hare Castle" on consignment with an art dealer, Lottie Zelinka. Zelinka returned the painting to Wallace after filing for bankruptcy, and the Trustee in Bankruptcy has demanded that Wallace return "Hare Castle" to the bankrupt estate. Applicants are instructed to write a memorandum in which they analyze the legal and factual bases of the trustee's claim to the painting, analyze Wallace's defenses as specified in the Franklin Commercial Code, explain how the facts currently known support the defenses, and suggest what additional facts might be developed to support the defenses. The File includes notes of an interview with Wallace, the receipt for and appraisal of "Hare Castle," and the demand letter from the attorney representing the Trustee in Bankruptcy. The Library consists of excerpts from a basic bankruptcy treatise, sections of the Franklin Commercial and Civil Codes, and two cases.

Kantor v. Bellows (July 1999, MPT-2). Applicants work for the law firm representing Linda Kantor in her divorce from her husband, Bill Bellows. The only contested issue is whether the enhanced earning capacity created by Bellows' law degree and license to practice law will be treated as property, subject to division between the parties under Franklin's equitable distribution statute. The intermediate Franklin appellate courts have split, and the Franklin Supreme Court has not ruled on the issue. Applicants are instructed to write a letter to opposing counsel arguing that Kantor is entitled to a share of Bellows' enhanced earning capacity, addressing counter-arguments that would deny or diminish her share, and making a settlement demand in a specific amount. The File includes notes from an interview with Kantor and a letter from an expert estimating the present value of Bellows' enhanced earnings. The Library consists of sections of Franklin Domestic Relations Law and the two relevant appellate decisions.

In re Emily Dunn (July 1999, MPT-3). Applicants work for the law firm that has been asked to rewrite the will of Emily Dunn, who was recently widowed. Most of what Dunn wants to accomplish is straightforward, but there are special problems associated with the disposition of insurance proceeds, gifts of stock in the family company, equalizing gifts to her grandchildren, and the distribution of the residuary estate. Applicants are instructed to draft the introductory and dispositive clauses of the will reflecting Dunn's wishes and to write explanations articulating the factual assumptions they used in resolving the insurance, stock, grandchildren, and residuary clause issues and giving the reasons they drafted the provisions the way they did. The File includes excerpts from an interview with the client, an office memorandum prescribing the format used by the firm in drafting wills, and a copy of Dunn's old will. The Library consists of two cases and excerpts from a treatise on wills.