PARA 4030: ADVANCED LEGAL RESEARCH AND WRITING

HOMEWORK #2

Legal Research Questions

Due: Monday, Feb. 1

 

Find five specific secondary sources and five specific primary sources that will prove helpful in answering the legal question you were assigned in class from the list below.  For each source, include a summary of the content and explain why you believe this source is useful.  Be sure to cite each source found using proper Bluebook format. 

 

(1)  Mary was in a car accident.  The car that hit her was a company-owned car.  The driver/employee might have been drunk. Can Mary sue the driver and/or the company that owns the car under Georgia law?

 

(2) Andrew complained to his landlord two months ago that the heat wasn’t working properly.  The landlord didn’t fix it at all.  Heat is covered by Andrew’s rent.  Andrew does not want to pay rent until the heat is fixed, either that or just move out.  His lease isn’t up until June.  What options might Andrew have under Georgia law?

 

(3) Nathaniel is getting divorced.  He feels his soon-to-be-ex-wife is going to demand alimony because she’s never worked and thinks Nathaniel should be supporting her forever.  Under Georgia law, can Nathaniel be made to pay spousal support until she dies?  She recently inherited a pile of money from her grandfather.  Nathaniel quit college after they got married so he could work to support them both.  He thinks she may now have more money than he does and wants to know if he can ask for alimony.  What can you find in Georgia law that relates to this situation?

 

(4) Rob and Lydia Rowe have one child, a daughter Elizabeth, age 7.  Rob has been transferred by his company to an overseas office for a short time.  Lydia has been diagnosed with a serious medical condition, the treatment for which requires her to be in the hospital for extended periods.  DFACS is concerned that Elizabeth is not getting proper care.  Rob and Lydia do not want to give up Elizabeth permanently.  What options might they have under Georgia law to deal with this situation?  

 

            (5) Anne’s ex-daughter-in-law won’t let her see her grandchildren since the divorce from her son.  Anne wants visitation rights.  Can she get to sue her daughter-in-law, the custodial parent, under Georgia law to get them?  If so, what is the procedure?

 

(6) John just bought a brand new car last week at a car dealership in Morrow.  He thought it was fine when he picked it up, but now the steering is messed up.  He thinks maybe it’s a lemon.  John took it to his mechanic, who says it will cost $3000 to fix it.  Is there anything in Georgia law that says the repairs should be covered by the dealer or the car maker in a situation such as this?  How much will they cover?  What does John have to do to get them to fix it?

 

(7)  Kathleen’s uncle passed away and left a pretty big estate.  His son, Kathleen’s cousin, is the executor of the estate.  Kathleen knows her uncle left her some money because he told her so, but her cousin hasn’t given it to her yet.  Under Georgia law, how soon can she expect to get it?  The cousin says he can keep some of Kathleen’s inheritance as a “fee” for being the executor.  Can he do that?  Kathleen wants to get a really good idea of what her cousin has to do as executor and what he is owed for performing these responsibilities under Georgia law. 

 

(8) A storm blew over a tree in Annabel’s yard in Cobb County, knocking down the fence between Annabel and her neighbor.  The neighbor is the one who put the fence up in the first place.  Who is responsible for the fence repair under Georgia law?  Are there any circumstances that might affect this responsibility? 

 

            (9)  Kirk wants to start a catering business in Clayton County.  He has a few interested clients and is thinking that he should start small.  He has heard that some cooks like Paula Dean and Martha Steward started their businesses out of their homes.  He would like to know if this is permissible under Georgia law and under what conditions.  If not, he would like to know what he needs to do to comply as he starts this new venture.

 

 

            (10) Toni has a second home that she purchased as an investment property.  Currently, she has tenants who occupy the home.  They have not paid rent in three months and she would like to get them out of the house.  A neighbor suggests that she change the locks and turn off the utilities while the tenants are away.  Are landlords allowed to evict tenants in this manner in Georgia?  Does Georgia law suggest a better method to evict tenants?