The Law Offices of Patrick, Wayne and Swayze

The Law Offices of Patrick, Wayne and Swayze

To: Legal Assistant

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From: Susan K. Patrick, Esq.

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RE: Welcome and First Assignment

 

Welcome to the law firm of Patrick, Wayne and Swayze. We are excited that you are a new member of the team.

 

During your time here at the firm, you will be supervised by one of the associate attorneys. Please understand that even though you have received some legal training, it is imperative that nothing leaves this office without first being reviewed by your supervising attorney. Any work that is going to be given to a client, court, or opposing attorney must be approved and signed by your managing attorney.

 

Your first assignment begins on the next page.

 

Your first assignment is to locate, read, and draft case briefs on four specific cases. Later, you will use these same cases to draft a memo that answers the question:

 

What is the two-part test that the Virginia courts apply to determine if an agreement is unconscionable?

 

The four cases that you will need to locate, read, and brief are:

 

Derby v. Derby, 378 S.E.2d 74 (Va. Ct. App. 1989).

 

Galloway v. Galloway, 622 S.E.2d 267 (Va. Ct. App. 2005).

 

Sims v. Sims, 55 Va. App. 340 (2009).

 

Chaplain v. Chaplain, 682 S.E. 2d 108 (Va. Ct. App. 2009).

 

Make sure to focus on the issue of unconscionability in each of your case briefs (no other issues). Include the exact language of the test that the court applies, and how the court applied the test to arrive at a conclusion. Do not use any other cases than the four assigned cases. Please note, the case citations have been provided to you in the proper format and you do not need to cite any other cases within the case briefs.

 

Please submit your Case Briefs by Sunday of Module 1: Week 1 at 11:59 pm EST.

This document may contain information that is privileged or confidential. If you are not the intended recipient, please delete the information and notify us immediately.

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