Paralegal Studies: Legal Case Analysis and Appellate Brief Scenario

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Homework Assignment
AI Summary
This assignment analyzes two legal cases: Lane v. Wallace, a medical malpractice suit, and Parker v. State of Oklahoma. The analysis includes identifying the prevailing parties, the courts involved, the type of case, a summary of the facts, issues on appeal, the judge who wrote the opinion, the date of the decision, and the rule followed by the court. It also examines headnotes and the attorneys involved. The second part of the assignment delves into the Parker case, citing references and related cases. Furthermore, the assignment includes the definition of legal terms and an appellate brief scenario based on Lane v. Wallace, outlining the roles of the plaintiffs and defendants, the legal issues addressed, and the importance of proving medical malpractice. The assignment provides a reference list of the cases used in the analysis.
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Running Head: PARALEGAL STUDIES
Paralegal Studies
Name of the Student:
Name of the University:
Author Note
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1PARALEGAL STUDIES
Section One - Lane v. Wallace 579 F.2d 1200 (1978)
1. Name of the prevailing parties in the trial court proceeding.
Mary Kathleen LANE, Ross E. Lane, her husband vs W. S. WALLACE, M. D., Dan B.
Holton, M. D., and W. W. Wersich, M. D.
2. The trial court and the appellate court
Trial court -United States District Court for the District of Colorado
Appellate Court - United States Court of Appeals, Tenth Circuit.
3. Kind of case it is
The case in consideration is a suit of medical malpractice in violation of the Federal law.
4. Summary of the facts of the case
It can be stated that the plaintiffs of the case sued three doctors for negligence and
medical malpractice. The plaintiffs claimed that the doctors had been negligent in treating the
plaintiffs.
5. Issues on appeal
It can be stated that the trial court judges had given a verdict against the three doctors,
defendants in this case. The plaintiffs had not been satisfied with the judgment given by the
Trial Court Judge and had claimed that the trial court judge was involved in misconduct
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2PARALEGAL STUDIES
6. Who wrote the opinion?
Judge Breitenstein
7. Docket Number
76-2172
8. Date when the court issued the decision and the rule followed by the court
The appellate court gave the decision on 5th July 1978 and held that the trial court
was right in giving its verdict that the patients’ call to continue to have two medical
experts was not justified. The appellate court also denied the plaintiffs’ claim of accusing
the judge of the trial court of misconduct.
9. Provide the text of Headnote [6] as well as the name of the author referenced in the
portion of the text which is summarized by that headnote.
170Ak1969 k. Judge's remarks and conduct: A judge should not talk too much.
10. Provide the name of the attorney or attorneys who represented the appellants
Jack Dalton, Dodge City, Kan had represented the plaintiffs-appellants. The
attorneys Dale S. Carpenter, III, Denver, Colo had represented the defendants in this case.
Section two: Parker v. State of Oklahoma, 556 P.2d 1298 (Okla. Crim. App. 1976)
A. How many citation references does the case provide?
The aforementioned case provides thirty three citation references.
B. Has a Maryland case cited the Parker case?
The Maryland case has cited the Parker case, Hudson v. State, 409 A.2d 692, 712 (Md. 1979)
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3PARALEGAL STUDIES
C. Has a Connecticut case cited the Parker case?
No the aforementioned case was not cited in the Connecticut case
D. How many of the citing cases are no longer good law? Provide the citation to case
Mills v. State, 594 P.2d 374, 383 (Okla.Crim.App. 1979)
E. Have any legal encyclopedias cited Parker Case?
No
Section Three: Have any cases have cited Headnote [6] as referenced in Question 9 of
Section One above?
No cases have cited the headnote
Section Four: Assignment on Statsky
Para! – Para is the short form of paralegal in which means a legal assistant of a lawyer who is
trained and experienced in the in the field of law. It can be stated that the term para can be used
in legal documents
Assign!- It is the short form of assignment and is generally used in contract and agreements.
Crim!- It can be stated that the crim is the short form of criminal and cane used in any Criminal
case.
Legis!- Legis is the short form of legislation. Legislation governs the laws and rules.
Section Five: Appellate Brief Scenario
In the case Lane Vs Wallace it was the role of the plaintiffs to prove in the trial court that
there they had been victims of medical malpractice. They had accused the three doctors, the
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4PARALEGAL STUDIES
defendants of medical negligence and mal practice. It was the duty of the defendants to testify
their claims.
In the aforementioned case the plaintiffs had appealed for misconduct of the judge of the trial
court and demanded fair trial.
The legal issue that was addressed in the appellate court was of Unfair trial and Misconduct of
the judge of trial court.
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5PARALEGAL STUDIES
Reference List:
Lane v. Wallace 579 F.2d 1200 (1978)
Parker v. State of Oklahoma, 556 P.2d 1298 (Okla. Crim. App. 1976)
United States v. Kubrick, 444 U.S. 111 (1979)
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6PARALEGAL STUDIES
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