Do you think the court failed to consider any facts? What did you think of the petitioner’s arguments?

3.  For students whose last names begin with L-Z, I want you to draft the holdings (yes, there are a few since more than one issue/question was presented) in the case, again, about 2-3 paragraphs.  Submit this in your assignment folders only.

Next, I want you to tell me what you thought of the court’s decision (your critique, in other words).  Do you agree with the holdings?  Why or why not? Do you think the court failed to consider any facts?  What did you think of the petitioner’s arguments?  Feel free to add any other relevant comments.


Activity 3

Mrs. Green, 70, was shopping at a drug store with her niece.  She walked slowly, with her niece holding her arm.  While walking down the cosmetics aisle, she and her niece maneuvered around an employee who was restocking makeup from a stack of cardboard boxes placed in the middle of the aisle.  Despite her attempts to walk around the boxes, her left toe caught on the corner of the bottom box, and she fell to the floor.  Her head hit a bottom shelf.  Because she had hit her head and appeared disoriented, an ambulance was called to transport her to the hospital.  She was admitted because she was diagnosed with a concussion, and because doctors discovered she was dehydrated.

Now, Mrs. Green is contemplating litigation against the drug store because of her injuries and medical expenses, and she has retained an attorney.  As the paralegal, you are tasked with researching applicable cases so that the attorney can determine whether Mrs. Green would prevail in her lawsuit.

1.  What area of law (meaning subject matter) would you research to find the cases?

2.  What sorts of holdings would you expect the cases to have?

3.  What possible argument(s) could Mrs. Green make in her suit against the drug store?

4.  What possible counter-arguments could the drugstore make?

The drugstore could argue that Mrs. Green’s fall was due to her being dehydrated.

5.  Who do you think will prevail in the lawsuit, and why?

Be specific in your responses.