Causes of Action Research Assignment: Part 1 – Causes of Action Scenario: You are presently working.

Causes of ActionResearch Assignment: Part 1 – Causes of Action

Scenario:

You are presently working as a paralegal in a large law firm in San Diego, California. Your supervising attorney, Janet Jones, has called you into her office. Janet just finished an interesting meeting with some potential clients. Rob and Bunny Sherman have a 15-year-old son named Rob Jr. Rob Sr. and Bunny want to bring suit against the Church of the Divine Light. It is similar to the Church of Scientology, but not actually related to any one, organized church.

The parents allege that Rob Jr. was tricked into attending some meetings. One night about a year ago, Rob Jr. was getting ready to return home after one of their youth meetings. The organizer of the youth retreat, Tom Marsden, allegedly made numerous excuses for keeping Rob there. It reached a pinnacle when Tom told Rob Jr., “If you leave, you will be thrown into the eternal fires of Hell, and you will not be allowed back.” Rob Jr. acquiesced and remained. The next day Tom had Rob Jr. write a letter to his parents telling them that he was planning to stay with the Church, as they were his “new” family. Rob Jr. was also told to demand money from his parents to cover his expenses.

Rob Jr. remained with the church for a period of roughly 6 months. Rob Sr. and Bunny arranged to meet with Rob Jr. to give him his money for that month and pulled him into the car and brought him home. They had to watch him carefully for about two weeks, but he finally came out of the “brainwashing.”

They want to sue the Church for a number of things. They want to sue on their son’s behalf for the intentional torts that were inflicted on him, as well as for the torts committed against them.

Your Final Assignment, due in Unit 8, will be to draft a memorandum of law to your supervising attorney. It will be at least 8–10 pages in length. You will follow the general formatting instructions and will use Bluebook citation format. In that memo, you will have conducted research and evaluated the case law to determine which causes of action, if any, can be filed against the Church. Which are the strongest and which may not survive?

For this unit you will be submitting Research Assignment 1. Address the following questions:Research California case law and civil statutes (primary authority) regarding possible causes of action that Rob Jr. and his parents may have against the church.What are the possible causes of action that Rob Jr.’s parents (on their own behalf) have against the church?Then come up with a list of possible causes of action on behalf of Rob Jr.Outline the elements that must be proven for each cause of action (tort), then list the possible causes of action that can be filed on behalf of the parents. Again, be sure to outline the elements that must be proven for each cause.Cite to your research (case law, civil statute, or Restatement on Torts) using the Bluebook after you state the elements for each tort.

This Research Assignment: Part 1—Causes of Action should be at least 2–3 pages in length. You will improve and build on this information for your upcoming Research Assignment Part 2—Damages and defenses, due in Unit 6. Both the Unit 3 and Unit 6 Assignments will be used to create your Final Assignment due in Unit 8.

Submit your Research Assignment: Part 1—Causes of Action to the Dropbox by the end of Unit 3

 

 

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