Brief the New Boss: Duty of Care
For this week’s written Assignment, you will take on the persona of a paralegal who works for an attorney. As a paralegal, you can do many of the tasks attorneys can do; however, you may not dispense legal advice.
You are currently working for a new attorney who has just graduated from law school. He moved to the area recently and is not very familiar with the state statutes yet. You actually have much more knowledge regarding civil litigation and torts than this new attorney. However, you are limited because you cannot give legal advice, per the state statute. Your new boss has never practiced law in your state, while you have worked in the area for a considerable time.
The attorney has asked various questions to which you will need to research and find answers. For this week’s written Assignment, you will conduct the necessary research and compose answers to the following questions. You may use the Library, Westlaw, the textbook, and other sources of information for your research. Compile your responses in a document titled “Duty of Care.” The attorney wants a full explanation so that he will completely understand these concepts. Each explanation should be a minimum of to 1 full page. Thus, the entire paper should be between 3-1/2 to 7 pages in length.
Questions to Answer:
What is the rescue doctrine?
Can a fetus recover for injuries sustained in utero as a result of defendants actions?
What is the family-purpose doctrine?
Define negligent infliction of emotional distress
What is the attractive nuisance doctrine?
Explain the dram shop law in your state?
Is there a duty to rescue someone in distress in your state? Are there any ramifications to doing so or is any liability waived?
Use Times New Roman or Arial font, size
Be sure to double space work and put your name, date, and assignment on each page of the
You may use the header function of Microsoft Word to do that if you
Use proper grammar, punctuation, and
Include a references page with appropriate citations in APA format (for non-legal citations), and/or Bluebook format (for legal citations).
Submit your “Duty of Care” paper to the Dropbox by the end of Unit 4. Remember, you are to answer the questions based on your state’s laws. Be sure to include the proper Legal Bluebook citation of the statutes cited.