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Format MLA

Volume of 10 pages (2750 words)
Assignment type : Research Paper

Description
The Appellate Brief project that you will be working on is based upon the fact pattern in the Lesson 05 discussion question. This problem centers around the law of agency which we do not study as a class until Lesson 14, the week your final paper will be due. For this project, you will draft an appellate brief to the State of Florida appellate court. In this brief, you will present the issue(s) to be resolved in this fact pattern. You will conduct legal research utilizing the tools provided in the Lesson 05 video (How To Do Free Internet Legal Research). You will read and apply the law that you find into a discussion/argument answering the issues raised in the fact pattern.

While you are welcome to proceed at your own pace, certain benchmarks have been provided throughout the course of the semester to keep you on track to providing a fully written and edit final paper in a timely fashion. As such, your first step after re-reading the fact pattern is to review your fellow students’ Lesson 05 discussion posts to formulate the issue(s) to discuss in your paper.

STEP 1: Run a Google search to find the Wikipedia (or any other secondary source) definition of an employee and independent contractor – Lesson 06
STEP 2: Run a Google search to find the Wikipedia (or any other secondary source) definition of the term vicarious liability. Next, determine what it means for an agent “to act within the scope of their employment” – Lesson 08
STEP 3: Conduct your legal research. Find several supporting cases, statutes or administrative regulations that may help support your client’s position and submit – Lesson 10
All students will take the side of the appellant (Chemco).
STEP 4: Draft outline to your arguments, cover page, issue(s) to be presented on appeal and statement of facts. View the following attachment for an example of sample brief. Remember, however, that your Court is sitting in Florida. – Lesson 11
STEP 5: Draft the argument section of your paper. Here you are utilizing the research you have found to fully answer the issues on appeal – Lesson 12
Appellate Brief Rubric (100 pts):
15 pts – Grammar/ Punctuation and Spelling
15 pts – APA Formatting and References
70 pts – Content Knowledge
There is a maximum limit of 20 pages. There is no required minimum; h owever, as the “Argument Section” provides the content knowledge in this exercise, it is important to provide full arguments and answer(s) to the question(s) presented. Better papers have been those in the range of 7-10 pages, although sufficient arguments have between presented in 10 pages. Watch YouTube Video: “How To Do Free Internet Legal Research” to help write this paper.
Appellant [or Respondent]
Self-Represented
If Appellant’s Opening Brief, this cover page is
green.
If Respondent’s Brief, this cover page is yellow.
If Appellant’s Reply Brief, this cover page is tan.
SAMPLE BRIEF

STATEMENT OF THE CASE
The Three Bears filed a complaint in August 2001 alleging Goldilocks had trespassed on
their property by entering their home when they were not at home, consuming a meal and falling
asleep in a bed. The complaint alleged that Baby Bear had suffered physical and mental
damages as a result of being frightened upon discovering Goldilocks. (CT 1-4.) After a civil
trial on the matter over a period of two days, the court found that Goldilocks had committed
trespass. (CT 25.) The court entered a final judgment in favor of the Three Bears in the amount
of $50,000. (CT 27.)
STATEMENT OF APPEALABILITY
This appeal is from the judgment of the San Diego County Superior Court and is
authorized by the Code of Civil Procedure, section 904.1, subdivision (a)(1).
STATEMENT OF FACTS
Papa Bear lives in Los Angeles, California with his wife, Mama Bear and son, Baby Bear.
(RT 1.) Appellant Goldilocks lives a few miles away on the other side of the forest. (RT 25.)
The Bears’ neighbor, Gloria Gardner, watched what happened from her garden next door. (RT
15.)
Gardner testified she saw the Bear family leave their house without shutting the front
door about 8:00 a.m. and saw Goldilocks enter the house at about 8:30. At about 9:30 a.m. she
heard screams and saw Goldilocks run from the Bears’ house. (RT 17.)
The Bears testified that when they returned from the walk, they saw they had left the
front door open. (RT 3.) Food was missing from the dining room table. (RT 4.) Baby Bear
found Goldilocks asleep in his bed. (RT 6.) Terrified, Baby Bear screamed and woke up
Goldilocks. (RT 9.) Startled and confused, Goldilocks ran from the Bears’ house. (RT 30.)
SAMPLE BRIEF
2
An expert bear cub psychologist, Dr. Dramatic, who has done extensive research in the
phobias of young bears, testified to the traumatic effects when a bear cub comes in contact with a
human child. Baby Bear had physical symptoms of blackouts stemming from his encounter with
Goldilocks as well as mental anguish requiring therapy. (RT 21-24.)
Goldilocks testified she was looking for a boarding facility to take a rest, the Bears’ house
was very large, there was no fence to indicate this was private property, the door of the house
was left open and there was a mat at the front door that said “WELCOME”. (RT 25-26.) She
thought this was a commercial boarding establishment, as large amounts of food were set out as
if for guests; she looked for someone to ask about spending the night and saw several sets of
chairs and beds all in different sizes. (RT 27-28.) She sat down on a bed and fell asleep. (RT
29.)
ARGUMENT
I. GOLDILOCKS WAS GIVEN IMPLIED CONSENT TO ENTER THE HOUSE AND THUS
HER ENTRY WAS NOT “WRONGFUL”
A. The Standard of Review. The trial court erred in finding that Goldilocks trespassed
on the Bears’ property as there is no substantial evidence to support that finding. On review, the
appellate court looks to the record to see if there are facts to support the trial court or jury’s
findings. If there is any substantial evidence to support the verdict, the court will affirm. If there
are conflicts in the facts, the court will resolve the conflict in favor of the party who won in the
trial court. (Williams v. Wraxall (1995) 33 Cal.App.4th 120, 132.)
B. The Elements of the Action. A trespass occurs when a person intentionally,
recklessly or negligently enters land in the possession of another. (Gallin v. Poulou (1956) 140
Cal.App.2d 638, 645.) The intent to enter is the only intent needed. (Miller v. National
SAMPLE BRIEF
3
Broadcasting Co. (1986) 187 Cal.App.3d 1463, 1480.) However, consent or permission to enter
upon the property is a defense. (Williams v. General Elec. Credit Corp. (1946) 159 Cal.App.2d
527, 532; 5 Witkin, Summary of California Law (9th ed. 1988) Torts, § 607, p. 706; Rest.2d
Torts, § 167.)
C. No Evidence of Wrongful Entry. Here, Goldilocks did not intend to enter on private
property. She thought the Bears’ house was a public, commercial boarding house. Although her
actual intent is not a legal defense, her actual intent reinforces her argument that she had consent
to enter the building. The door was open, the WELCOME mat was out, the food was on the
table, and there were many beds and chairs about. All of this points to the conclusion the Bears
were prepared for and awaiting the arrival of numerous persons and supports Goldilocks’ belief
this was a boarding house and there was no reason for her not to enter. At a minimum the house
was prepared and open for an “open house”. No evidence points to any indication the house was
closed, off-limits to outsiders, or limited in the types of persons who would be admitted. There
is no evidence to support a finding Goldilocks’ entry was wrongful. The judgment must be
reversed.
SAMPLE BRIEF
4
CONCLUSION
Goldilocks submits the Three Bears have failed to meet their burden of proving that her
entry into their house was wrongful and, thus, a trespass. All of the evidence supports a finding
that the Bears by their conduct consented to Goldilocks’ entry. Goldilocks respectfully asks that
this Court reverse the decision of the trial court and vacate the award of damages.