LitSup_W5_DQ1&2

Discussion Question 1: Merits of Bringing a Rule 56 Motion

Be careful with Rule 56. Might this still be a viable option if there are only a few questions of fact? Should a party be forced to litigate on things not in dispute?

A case appears to have questions of fact. Discuss the merits of bringing a Rule 56 motion in spite of the facts. Explain with suitable examples the importance of drafting comprehensive Findings of Fact and Conclusions of Law for a bench trial.

Justify your ideas and responses by using appropriate examples and references from Westlaw (including primary sources such as cases, statutes, rules, and regulations), government websites, and peer-reviewed legal periodicals (not lawyer blogs), which can be supplemented by law dictionaries or the textbook. This means you need to use more than just your textbook and legal dictionaries.

Discussion Question 2: Propriety of Filing a Motion for Mistrial

Here, we are looking at motions for mistrial and then, specifically, whether this should be discussed in front of the jury. If you are interested in being a litigation paralegal, what are your expectations from this position?

Discuss the propriety of filing a motion for mistrial when the jury is present. Further, discuss the importance of having a litigation paralegal assist the trial attorney at trial. After covering the litigation process in detail, list and analyze the importance of an initial case investigation and case pleading in this process.

Justify your ideas and responses by using appropriate examples and references from Westlaw (including primary sources such as cases, statutes, rules, and regulations), government websites, and peer-reviewed legal periodicals (not lawyer blogs), which can be supplemented by law dictionaries or the textbook. This means you need to use more than just your textbook and legal dictionaries.

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