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msc-brief

Page history last edited by abogado 6 years, 5 months ago

Mandatory Settlement Conference Brief

 

mobaldi-case sample MSC Brief sample proof of service

 

Facts of the case : You represent the mother of a child. Click here for the facts of the case mobaldi . Use the facts of the 1976 case as if you were representing the mother when she comes into your office. You file suit, and then you are going to trial. The court requests that the parties attempt settlement and require each side to prepare a Mandatory Settlement Conference Brief ( "MSC" Brief ).

 

Your task is to create the necessary information, i.e. damages, medical bills, exhibits (general nature - not the entire exhibits) and other necessary information to be able to complete the MSC Brief.

 

Address the issue of whether the mother is a proper claimant under the "Dillon v. Legg" test for emotional distress - and address this legal issue in your Mandatory Settlement Conference Brief ("MSC Brief")

 

Follow the format of the MSC Brief (exactly and precisely - use the same headings, order, etc. - points will be deducted if you vary from the format)

 

Once you have "word processed the entire MSC Brief, then copy and paste it into your classroom assignment box.

 

As a summary, below are the elements of a MSC Brief - sample MSC Brief

 

 

1. PARTIES - List the names of parties and their counsel of record. This is to identify to the court the various parties and interests involved.

 

2. STATUS OF LITIGATION - Tell the court what has happened, the filing of complaint, discovery which has occurred, arbitrations, mediations, settlement conferences, attempts to settle case, offers or demands made.

 

3. FACTS - Review the FACTS of the case, and discuss the agreed upon set of facts, and the disputed facts, and nature of the disputed facts, and what has been done to resolve the factual differences.

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4. DAMAGES - Review the damages for each party, general and special damages requested in the complaint. Evaluate the medicals, discuss the pain and suffering, evaluation of the monetary damages, the medcal reports, doctors' findings, diagnosis, and prognosis for complete recovery, and residual injuries, pain and suffering (or permanent damages and injuries - nature and extent)

 

5. SUMMARY OF DAMAGES - Do a breakdown or summarize the damages, including medical bills, loss of earnings, and other general and special damages so the court can see at a glance the total damages of the case.

 

6. DISCUSS VALUATION and LIABILITY ISSUES OF THE CASE - Discuss the liability problems (here you will discuss how you resolve the legal dispute over whether the foster mother qualifies to file an emotional distress claim under the "Dillon v. Legg" case precedent and the damage problems, and how plaintiff plans on overcoming these problems or deficiencies at the time of trial.

 

7. LIST OF EXHIBITS - Make a Summary of the List of Exhibits, and attach the documentation which supports #1 through 6 above.

 

8. CONCLUSION - Make a conclusion, and discuss the reasons/rationale for your conclusions.

 

9. PROOF OF SERVICE - Provide a Proof of Service on the other side. (follow this format -  sample proof of service

 

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