Judicial Process - Main Steps In Preparing For the Hillary Suit - Essay Example

Judicial Process - Main Steps In Preparing For the Hillary Suit RECOVERY MEMORANDUM The plaintiff, Davis Hilary, through his guardian, Katy Hilary, suffered several deep cuts, and was as a result, rushed to hospital. The nurses attended to Davis Hilary and he was later discharged. From the medical report, the injuries suffered by the plaintiff were not life threatening although there were serious. The nurses however, said that the patient did not only suffer physically but also mentally. Accordingly, they recommended counselling, which would enable the healing from the psychological trauma of the incidence. Davis Hilary will be visiting the hospital every three day so that he receives appropriate counsel from a psychiatrist while the cuts are also assessed. Davis Hilary’s recovery will be slow but certain. The doctors have emphasized that the patient should not be rushed back to school owing to the psychological trauma suffered. A successful recovery will depend on the support that he receives from the school, parents and friends. The deep cut suffered will heal gradually but he will have scars. The patient, Davis Hilary, will require moral support from his parents. The parents will have to liaise with the school administration to ensure that Davis Hilary receives the required security from bullies. If he suffers another traumatic incidence, his recovery may be hampered. Davis Hilary’s recovery will depend on the parents and school’s ability to provide appropriate medical, mental and physical security from events, which may retard his ongoing recovery. Overall, Davis Hilary is on a path to a successful recovery. Main Steps in Preparing for the Suit Reading the Relevant Materials The first step the paralegal should undertake entails reading the relevant materials. The paralegal should begin by reading the charge sheet, which states out the charges that the defendant will face in court. Subsequently, the paralegal should internalise the charges so that all the necessary facts or evidence may be sought to ensure the evidential threshold for the case is met. Relevant Clauses Any ruling in a court is made as per the relevant legal clauses. As such, the paralegal should look into the relevant laws. In this case, the relevant laws vary depending on the aspects of the case. The most obvious aspect is the school’s responsibility with regard to the student. Once a student in school, he/she is under the care of the school. The law of torts and in particular occupier’s liability is the most relevant legal clause with relevant to such a situation. In the school bus, the student was still under the school authority (Neubauer & Meinhold, 2013). However, Davis Hilary suffered injuries due to the harm caused by another student, but not due to the school’s negligence. The school has a duty to ensure that students live harmoniously when under their care or authority. Hence, the school will bear responsibility for such aspects of the suit if appropriate evidence is availed. The defendants may also determine the relevant clauses in the litigation. For instance, Bobby Jones, the student who is alleged to have harmed David Hilary will face assault charges while the Lower Council School District that manages schools will face negligence charges. Accordingly, the paralegal should study the relevant clauses for each defendant as per their charges. Reading Relevant Facts The facts of the case alongside the augments made by the defense and prosecution are normally at the heart of any court ruling. Therefore, the paralegal should go through the facts and events in detail. The facts of the case, in this litigation are how the relevant events unfolded leading to the injuring of Davis Hilary as he was alighting from the bus (Long, 2005). In addition, the paralegal should also go through the events that transpired after the accident such as how Davis Hilary’s parents came to know of the incident. In seeking the facts, the paralegal should also seek documentation from the health institution, which attended to the Davis Hilary. Such a document will be a vital piece of evidence, which will help ascertain that indeed the defendant, Davis Hilary, suffered bodily harm owing to the altercation. Without such a piece of evidence, it would be hard for the prosecution to mount a convincing argument, which the jury of the judge may believe. Meeting the Witnesses The witnesses in any litigation enable the prosecution to tie the defendants to the charges. Similarly, the prosecution in this lawsuit will use the evidence provided by the witnesses in court to create a link between the charges and the accused. The paralegal should ensure that the facts forwarded to the court are in line with the evidence the witnesses will provide. If there is mix-up as the witnesses provide evidence, then the chances of a conviction will be slim. This is exceedingly imperative due to the aggressive nature of the cross-examination undertaken by the defence lawyers in their quest to have charges dismissed (Long, 2005). The paralegal should go through the facts with the different witnesses to ensure that they will not mix up the evidence as to how the events transpired. The witnesses should also be briefed on the procedures of the court, which will help them be at ease when the hearings start. The images or body language of the witnesses will have significant bearings on the outcome of the case. Such minute details listed above may contribute significantly to a positive outcome of the case. Supervising Attorney’s Involvement The supervising attorney may be involved under various circumstances in the above case. If the paralegal feels the evidence is not adequate then, the supervising attorney may intervene. The attorney would seek more evidence, which will improve the odds of the prosecution winning. Without adequate facts, which are projected chronologically in court, it would be impossible for the prosecution to win the case (Neubauer & Meinhold, 2013). A suit lacking facts or evidence may be dismissed in preliminary hearings. If the supervising attorney concurs that there is need for more factual evidence, the attorney may seek more time for investigation by filling a motion to that effect (Long, 2005). Such a motion may be granted if the hearings have already begun. It is vital to assess the weight of the evidence in relation to the charges, and establish whether it will be successful in linking the defendants to the charges. The paralegal may also seek the audience of the supervising attorney if there is an attempt to intimidate the witnesses or bribe them. Such offences may compromises the case as the witnesses would fail to partake in the court proceedings. Such offences are criminal in nature and carry mandatory sentences (Neubauer & Meinhold, 2013). Letter to the Supervising Attorney < Paralegal’s Address> Dear Sir/ Madam, Ref: Recommend settlement In view of the facts, it is evident that the defendant, Davis Hillary, suffered bodily harm. It is alleged that one of the defendant, Bobby Jones, drew a knife during the altercation. Nonetheless, no weapon was recovered from the defendant, which does not let him off assault charges. The witnesses stated that the defendant became violent while baring the plaintiff from alighting. Bobby Jones subsequently pinned the plaintiff to the ground. In light of the evidence, the defendant should be sentenced to community service since he is still a minor. In addition, Bobby Jones should also attend mandatory anger management counselling for four months or spend six months in juvenile detention. The driver, Ronald Clemmons should be set free since he had no responsibility with regard to the case. His work is to drive the children from and to their homes, which he performed accordingly since there was no evidence linking his actions to any legal transgression. The driver had no professional duty to stop such a brawl between two students. Therefore, the court will find him not guilty for any charges in the case. The Lower Council School District, which governs schools in the area, has a responsibility to the defendant as they are legally tasked with ensuring safety in schools is safeguarded. The case is one of the incidents in which a student flouted the relevant laws resulting in the injuries to the defendant. The court should therefore reprimand and compel the Lower Council School District to enforce the relevant laws better. Kind Regards, References Neubauer, D., & Meinhold, S. (2013). Judicial process: law, courts, and politics in the united states. Boston , MA: Cengage Learning. Long, J. (2005). Office procedures for the legal professional. Clifton Park, NY: Thomspon Delmar Publishing. Read More