Choose one of the following fact patterns and research the legal questions presented. Then draft and submit a memorandum with your conclusions in the IRAC format (see attachments for additional info on what IRAC is).
Please also make sure to include one statute and one case.
Choose from one of the following fact patterns:
(the one choosen is up to you)
Angela lives about 45 minutes outside of Chatsworth, Georgia, in a wooded area in the Georgia wilderness. She has lived there for many years. She built her house on the property 17 years ago. Before that, she often visited the property, pitching a tent and camping on the property most weekends. However, the property is actually owned by Bonnie. Angela has never known that Bonnie was the fee simple owner of the property, but Bonnie has now brought this fact to Angela’s attention. Angela has heard of the law of “Adverse Possession.” Can Angela claim title to the property under the law of Adverse Possession?
Mark is a criminal and wants to rob a convenience store. He has been convicted of robbery before and thinks he can be smart about it this time. He drives up to the store and sees Jason getting out of his car, about to enter the store. Mark runs up to Jason and holds a concealed gun to Jason’s back, saying “OK you are going to go in here and rob this store for me and then give me all the money you take.” Jason is extremely frightened, but, fearing for his life, Jason slowly enters the store. Mark enters with him, concealing the gun, but ready to take action if Jason runs. Jason robs the store, but before Jason and Mark can leave, the police arrive and arrest Jason for the robbery. Can Jason successfully claim the defense of coercion for his attempted robbery?
James owns a business called CollegePrep, Inc. Through his business, he helps high school students apply for college and assists them in getting in to the best colleges they desire to attend. Jackie really wants to go to Harvard. However, her grades are mediocre and she didn’t get a very good score on the ACT exam. James is familiar with the stringent requirements to get in to Harvard, and he knows Jackie has virtually no chance of being admitted with her poor grades. Nevertheless, he tells Jackie, “If you hire CollegePrep to assist you in applying for college, I guaranty we can get you into Harvard or any other school you choose.” Relying on James’s statements, Jackie pays CollegePrep their fee of $65,000 and signs their intake form to get started. CollegePrep does very little to help Jackie and, despite Jackie’s best efforts on her application, she is rejected from Harvard. Jackie asks for a refund of her $65,000 from CollegePrep, but James tells her it is Jackie’s fault she didn’t get in to Harvard and that CollegePrep has no liability. Jackie later sues CollegePrep for fraud. Can Jackie recover from CollegePrep in a lawsuit claiming the tort of fraud?
Additional instruction can be found in the attachments, please look into grading rubruc for additional information.
(please note some images may not appear if you did not download the powerpoint instructions)
