Find the web site for your local state trial court

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Reference no: EM133944784

Assignment:

For this assignment, read the questions and choose 3 to answer thoroughly. In your response, please copy the question in your response.

1. Find the Web site for your local state trial court. Does the court have an arbitration or mediation program? If so, get the details: Is it mandatory? What types of cases are covered? Who are the neutrals? What does it cost?

2. Find jury instructions, in use in your state, dealing with affirmative defenses to breach of contract.

3. Contact the clerk of your local court and find out how you can obtain a sample of a complaint and/or answer filed in a breach of contract case. If possible, obtain the sample and share it with your classmates.

4. Using your online state statutes or computer-assisted legal research (CALR), determine the limitations period (statute of limitations) setting the time limit for bringing a case alleging breach of contract. You may find different periods applicable to oral contracts and written contracts. If you have trouble finding the site,

5. Find the statute of limitations for cases involving contracts for sales of goods, under your state's enactment of the UCC.

6. Research case management software and write a report on the functions available.

7. Find your state code of civil procedure in the online statutes. Then examine your local court rules (probably on the Web site for your local state trial court or the clerk of that court). Are there any particular rules for filing contract cases? For example:

  • Is the plaintiff required to attach a copy of any written contract to the complaint?
  • If the plaintiff is asking for payment, is it necessary to allege that payment has been demanded and denied?
  • Are there any special requirements for pleading a condition precedent?
  • Does a complaint have to state specifically that the parties did have capacity?
  • Are there any particular requirements for pleading fraud or mistake?

Reference no: EM133944784

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