by admin | Jan 1, 2023 | Law
What are the 3 characteristics of discovery? Select all that apply.
Group of answer choices
Can be conducted without judicial participation
Flexible rules which can be used in any order and can be (for the most part) be used repeatedly
Orders regulating discovery are usually not appealable
Does not require participation by all parties
Is governed by Civil Rule 37
Flag question: Question 2
Question 25 pts
What happens it you fail to answer a request for admission?
Group of answer choices
You get fined.
Nothing.
The court deems the amission denied..
The court deems the requrest admitted.
Flag question: Question 3
Question 35 pts
Lack of jurisdiction over the subject matter, Improper venue and failure to state a claim upon which relief can be granted are grounds to file a motion under which Civil Rule?
Group of answer choices
Civil Rule 8
Civil Rule 12
Civil Rule 37
Civil Rule 56
Flag question: Question 4
Question 45 pts
What Civil Rule states when judgments and orders become effective?
Group of answer choices
Civil Rule 55
Civil Rule 56
Civil Rule 58
Civil Rule 58.1
Flag question: Question 5
Question 550 pts
For this question, you will need to draft a short complaint and upload it. Your grade will be based on the format of the document (did you include the necessary information and comply with Civil Rule 76?), a jurisdictional statement (how does the court have personal jurisdiction over the parties? is this court the correct venue?), a sufficient statement of the facts, clear cause(s) of action (what is the plaintiff claiming?), and demand for relief (note the amount of monetary damages-be sure you are filing in the correct court). You should be able to state the required information in 1.5-2 pages. You do not need to complete a summons.
Draft a Complaint for Damages for Plaintiff Humpty Dumpty, who was hired by Defendant Bo-Peep Little to repair a fence on her farm. During his repair on 01 November 2020, Little’s sheep escaped their pen and knocked Mr. Dumpty off his ladder. Mr. Dumpty sustained a broken right shoulder (which required surgery), a sprained left ankle, and missed 6-8 weeks of work to recover. Mr. Dumpty’s medical bills total $126,285, and his annual salary is $50,990.
Dumpty is represented by Attorney Zeke Midas Wolfe, Esq. Bar #642483
Wolfe is a sole-practitioner at 456 Aesop Drive, Fairbanks, AK 99701.
Bo-Peep Little is represented by Attorney Rose Blacksheep, Esq. Bar #655491
Muffet, Blue & Horner, PC at 123 Banbury Cross Fairbanks, AK 99701.
Case No. 4FA-21-04567 CI
Upload
Flag question: Question 6
Question 62.5 pts
Mediation proceedings are NOT confidential.
Group of answer choices
True
False
Flag question: Question 7
Question 75 pts
What are five types of alternative dispute resolutions?
p
Flag question: Question 8
Question 85 pts
Which Civil Rule controls alternative dispute resolution?
Group of answer choices
Civil Rule 56
Civil Rule 68
Civil Rule 90.2
Civil Rule 100
Flag question: Question 9
Question 95 pts
This civil rule states, “In cases which the prevailing party recovers no money judgement, the court shall award the prevailing party in a case which goes to trial 30 percent of the prevailing party’s reasonable actual attorney’s fees.”
Group of answer choices
Civil Rule 12
Civil Rule 55
Civil Rule 68
Civil Rule 82
Flag question: Question 10
Question 105 pts
What statute, administrative regulation or civil rule states how you get a jury trial?
Group of answer choices
Civil Rule 38
Civil Rule 39
Civil Rule 51
Civil Rule 76
Flag question: Question 11
Question 115 pts
This evidence rules sets out the reasons why evidence may be excluded if its probative value is outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
Group of answer choices
Evidence Rule 402
Evidence Rule 404
Evidence Rule 405
Evidence Rule 407
Flag question: Question 12
Question 125 pts
Because of the broad scope of discovery (information sought need not be admissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence), which objection should be used with caution?
Group of answer choices
Privilege
Unduly burdensome
Vague
Irrelevant
Flag question: Question 13
Question 135 pts
When submitting drugs as an exhibit, how should the exhibit be prepared?
Group of answer choices
Must be submitted in clear heavy-duty plastic bags or other types of transparent non-breakable containers
Must be submitted in clear heavy-duty plastic bags or other types of transparent non-breakable containers and sealed with exhibit tape
Brown paper bag or black garbage bag
No special preparation is needed.
Flag question: Question 14
Question 145 pts
When should you give the exhibits to the court?
Group of answer choices
The day before trial
A week before trial
A month before trial
When the pretrial order states
Flag question: Question 15
Question 155 pts
Which Alaska Statute defines non-economic damages?
Group of answer choices
AS 09.17.020
AS 09.17.010
AS 09.17.040
AS 09.17.060
Flag question: Question 16
Question 165 pts
According to Alaska Civil Rule 79, which one of these is NOT an allowable cost?
Group of answer choices
the filing fee
ees for service of process allowable under Administrative Rule 11 or postage when process is served by mail
the cost of food and other necessary expenses while in court
the cost of publishing notices required by law or by these rules
premiums paid on undertakings, bonds, or security stipulations where required by law, ordered by the court, or necessary to secure some right accorded in the action
Flag question: Question 17
Question 175 pts
A “peacekeeping circle” is an example of what kind of ADR?
Group of answer choices
Mediation
Early Neutral Evaluation
Arbitration
Settlment conference
Local dispute resolution
Flag question: Question 18
Question 1815 pts
Assume your lawyer is defending Little Bo Peep in a claim brought by Humpty Dumpty. Assume initial disclosures have been exchanged. Medical records reveal Dumpty had a previous injury to his right shoulder. Your informal investigation also revealed Dumpty had a side gig as an egg incubator during his medical recovery. Draft 3 discovery requests (interrogatories, request for production or request for admissions) to Bo Peep.
by admin | Jan 1, 2023 | Law
Anna Nicole Smith died on February 8, 2007. According to her will (drafted in her legal name, Vickie Lynn Marshall), her son Daniel was the sole beneficiary. See Article I in will. Daniel predeceased Anna Nicole in September 2006. Daniel did not leave any descendants. Anna Nicole’s will does not make any provisions for future children, including her 5-month-old daughter, Dannielynn, and specifically disinherits future children or any beneficiary who challenges the will. Do you think Dannielynn have a claim to any of her mother’s wealth? Why or why not?
Flag question: Question 2
Question 25 pts
Did Anna Nicole Smith’s will create a testamentary trust? What are the terms of the trust (i.e. who is trustee, who is the beneficiary, when are payments made, etc.)?
Flag question: Question 3
Question 35 pts
Several men, including Larry Birkhead and Howard Stern, claimed to be the father of Dannielynn. Howard Stern was named as guardian of Anna Nicole’s son, Daniel, in her will. See Article VII. Who do you think should have custody Dannielynn? The person appointed in the will or the child’s biological father? Explain your answer.
Flag question: Question 4
Question 45 pts
Read this case study Download case study. Virgie Arthur (Anna Nicole’s estranged mother) is seeking to quash (void) an order from the trial court that gives Dannielynn, through a Guardian ad Litem, the authority to dispose of her mother’s body. What authority is Virgie relying upon? Why would Dannielynn have a priority over Virgie for this authority?
Flag question: Question 5
Question 55 pts
Do you think Anna Nicole Smith died testate or intestate? Explain your answer.
Flag question: Question 6
Question 62.5 pts
What does the majority of this will focus on? Select all that you think apply.
Group of answer choices
Guardian of children
Distribution of the estate
Trust (trustee, terms, settlement)
Administration (taxes, expenses, personal representative)
Flag question: Question 7
Question 72.5 pts
What do you think Anna Nicole could have done in her estate planning to avoid some of the problems with her probate? (HINT: this is something everyone should do after a major life event, like marriage, divorce, birth of child, etc.).
by admin | Jan 1, 2023 | Law
For this assignment, we will be preparing a joint property inventory for the Brady case. Attached is the list of property to be divided. Both parties have agreed to the identity of each item of property. There are a few blank spaces (highlighted in yellow) where you will need to find the fair market value. For the cars and recreational vehicles, you should be able to find values at kbb.com Links to an external site.or Edmunds Links to an external site.. If you can’t find a value at these sites, just Google the vehicle information–you should be able to get a good idea of what the fair market value is for that item. For the furnishings and household good, assume what you would pay for those items (in good to excellent condition) at a garage sale and use that number as your value.
Once you have your values, you will need to input the property information and value into the attached spreadsheet. [Thank you to Magistrate Judge Aly Rasley (ret.) for creating and sharing the spreadsheet.] BEFORE entering any data on the spreadsheet, please review the instructions for the spreadsheet [see Instruction tab on bottom of sheet]. We will ONLY be entering data on the attorney tab. Data will automatically populate the judge’s sheet. Please don’t worry about completing information for rows 1-6.
While we are representing Mike Brady, this is a joint inventory. The only items Mike really wants to keep is the Barracuda, one set of bedroom furnishings and minimal household goods, one computer and desk, one snowmachine, one kayak, the firearms, some tools, and his share of the engineering business. He is willing to give up the house and will take the cabin.
Things to consider: How should the debts be divided? How should the 401k and IRA account be divided? Are the life insurance proceeds separate or marital?
What am I looking for? How you propose to distribute the property equitably, if you can distinguish separate and marital property, how to research vehicle values. Remember this is just an inventory at this point and there really is no right or wrong answers. I want you to get the experience of working with property inventories and juggling numbers to achieve an equitable distribution.
by admin | Jan 1, 2023 | Law
In our case with Ana Lopez and Chad Jue, Ana has filed a motion to establish paternity of her unborn child. We will be representing Chad in preparing an opposition. Read the Motion to Establish Download Motion to Establishand Chad’s draft affidavit Download draft affidavit, then prepare his opposition using the SHC-1303 opposition form Links to an external site.. I am mainly interested in seeing how you take the information from Chad’s draft affidavit and use it to oppose the motion to establish.
by admin | Jan 1, 2023 | Law
For this assignment, you will be responding to discovery requests Download discovery requestspropounded on Sidney Kester by the opposing party. Please answer 7 interrogatories and 5 requests for admissions. In your responses, please object to at least 4 (INTs or RADs). Your response document should include all Rule 76 information and can be formatted similar to your drafting discovery requests assignment. Don’t forget the verification for the responding party to sign and the attorney signature for the objections.
by admin | Dec 11, 2022 | Law
Fact Pattern
You are the newly hired cybersecurity risk manager for city of Windermere. Windermere is a college town, with a population of 125,000, during the school year and 75,000 in the summers. Windermere has three large hospitals–a world-renown children hospital, a veterans hospital, and a teaching hospital associated with Windermere University’s medical school. Windermere owns a water treatment facility which provides drinking water to homes and businesses, including the University and the three hospitals. Windemere has experienced a cybersecurity incident and hired an outside forensic expert to investigate and prepare an incident report. Windemere’s city council has asked you to write a forward looking post-incident report that puts the incident in perspective and recommending policies and procedures to reduce the risk and losses of future cybersecurity incidents involving the water treatment plant.
The Cybersecurity Incident
During the early morning hours of Monday morning, August 29, an operator at Windemere’s water treatment facility noticed unusual network activity while completing a report on a work laptop.
The operator noticed what appeared to be unauthorized remote access by an unknown, unauthorized individual to the water treatment facility’s industrial control systems (ICS). See NIST – Definition of “Industrial Control Systems”.
A few seconds later, the operator lost all ability to control the operating screen and noted the following: the mouse moving on the operating screen independently, making changes, performing unauthorized activities, and then exiting the system.
The operator noted complete loss of control of the system lasted for approximately 3-5 minutes.
During this loss of control, the operator observed the unknown actor attempt to increase the amount of sodium hydroxide in the water supply to dangerous levels.
Modern water systems are engineered with many safeguards to keep parameters within acceptable limits, including ensuring that operators are trained and licensed to carefully monitor drinking water treatment operations.
In this incident, the operator observed the unauthorized actor raise the NaOH dose setpoint from its normal setting of 100 parts-per-million (ppm) to 11,100ppm.
NaOH is a chemical often used in drinking water treatment used to adjust pH and alkalinity.
Although an important component of the drinking water treatment process, NaOH can be a hazardous chemical to water consumers if concentrations exist in excess of safe operating parameters.
The increase in the amount of chemical added to the water resulted in dangerous levels, making the water not fit for human consumption.
Upon observing the unauthorized activity, the operator took swift action, identified the incident, reported it to upper management, and was able to manually restore the system to normal operating conditions swiftly, with no ill effects on public health or safety.
The Forensic Expert’s Report
Windemere hired an outside cybersecurity forensics expert to investigate. The expert’s report included four key findings:
FIRST FINDING: A legitimate remote access software package, with access to the internet, had been installed on the operator’s laptop.
The plant’s chief engineer had authorized installation of the remote access software on laptops used by 20 senior operators and 5 outside contractors. The software allowed these 25 individuals to access the plant’s network while working offsite.
The chief engineer considered requiring two-factor authentication for those using the remote access software, but decided against it given that Windemere is a relatively small municipality with a modest budget.
SECOND FINDING: Evidence of damaging code inserted into the footer of a WordPress-based site associated with a water infrastructure constructions company contracted to provide services to the municipality.
The expert surmised that the malicious code was active for months prior to the incident reported by the plant operator.
While the malicious code was live, the site interacted with computers from municipal water utility customers, state and local government agencies, various water industry-related private companies, and normal internet bot and website crawler traffic.
THIRD FINDING: Prior to the events of Monday morning, an unknown actor, likely separate from the hackers who put the malicious code on the website, was able to gather sensitive data including the operating system and CPU, browser-type, touchpoints, input methods, presence of a web camera, microphone, video card display, and adapter details, likely with the purpose of improving the botnet malware’s ability to impersonate legitimate web browser activity.
FOURTH FINDING: The malicious actor likely accessed the municipalities’ system by exploiting cybersecurity weaknesses including sharing of passwords between water management employees, use of an outdated Windows 7 operating system, and the use of desktop sharing software to gain unauthorized access to the system.
Your NIST Evaluation Report
Windemere’s city council has asked you to write a 4-5 page NIST Evaluation Report.
The report should take into account:
The general facts about Windemere set forth in the first paragraph of the Fact Pattern.
The descriiption of the Cybersecurity Incident
The Forensic Expert’s Report
In preparation for writing your report please read
The NIST Cybersecurity Framework Version 1.1.
Executive Summary – pp. v – vi
Framework Introduction – pp. 1-5.
Overview of the Framework.
Risk Management and the Cybersecurity Framework
Framework Basics: Framework Core – pp. 6-8
How to Use the Framework: Establishing or Improving a Cybersecurity Program – pp. 14-15
Appendix A: Framework Core – pp. 22-44.
Pay special attention to the first three columns:
Function (i.e. Core Function)
Category
Subcategory
Appendix B: Glossary – pp. 45-47
The American Water Works Association (AWWA) Process Control System Security Guidance for the Water Sector
Recommended Cybersecurity Practices – pp. 9-13
Recommended Cybersecurity Practices and Improvement Projects – pp. 16-21
Your report should discuss the NIST Cybersecurity Framework, as it applies to:
The general facts about Windemere set forth in the first paragraph of the Fact Pattern.
The descriiption of the Cybersecurity Incident
The Forensic Expert’s Report
In particular, you should discuss the NIST Cybersecurity Framework’s:
Identify Function
Category: Asset Management, and the Relevant Subcategories – pp. 24-25
Category: Risk Assessment, and the Relevant Subcategories – pp. 26-27
Category: Supply Chain Risk Management, and the Relevant Subcategories – pp. 28-29
Protect Function
Category: Identity Management, Authentication and Access Control, and the Relevant Subcategories – pp. 29-30
Detect Function
Category: Anomalies and Events, and the Relevant Subcategories – pp. 37-38
Category: Security Continuous Monitoring, and the Relevant Subcategories – pp. 38-39
Category: Detection Processes, and the Relevant Subcategories – p. 40
Respond Function
Category: Communications, and the Relevant Subcategories – p. 41
NOTE: Please use headings and subheading in your report, such as “Identify Function – Category: Asset Management” and “Identify Function – Category: Risk Assessment,” etc.
Please also incorporate the relevant Recommended Cybersecurity Practices from the American Water Works Association (AWWA) Process Control System Security Guidance for the Water Sector – pp. 9-12
