COMPLAINT

VERY IMPORTANT PLEASE FOLLOW ALL INSTRUCTIONS!!!
Read the attached decision.

Students with the first letter of their last name A – M represent Disney present your best argument on appeal. Please refer to the law and the facts as they are applied to the law.

THE SECOND PART OF THE ASSIGNMENT IS AS FOLLOWS:

Students whose last name begins with the first letter A – E

1. Plaintiff, John Smith of 111 East 32 St, Brooklyn, N.Y. 11342 purchased a diamond ring for his girlfriend from Diamonds RUS (Diamonds), 321 Broadway, New York, N.Y. 11765. Diamonds employs Susie Slick as its saleswoman. Diamonds sells cubic zirconia, glass, crystal and real diamonds. John told Susie he didn’t want to spend a lot of money, he wasn’t sure that his girlfriend was the “right one” for him. Susie said she was an expert and showed him all the different rings with real and imitation diamond. John picked out a ring for $3,000.00. Susie told him it was a beautiful diamond.

John gave the ring to his girlfriend who quickly took it to a jeweler only to find out it was glass. She returned the ring to John and told him she never wanted to see him again. John wants to sue Diamonds RUS. Plaintiff hires Barbara Hatkin, 38 Old Slip, New York, NY 10005. Use the New York State Complaint form. The lawsuit action is for fraud.

You are writing a complaint. It must be in the correct form.

After you have read the fact pattern several times, you must take the time to

1. Identify who is the plaintiff, who is the defendant

2. What legal cause of action does the plaintiff have against the defendant

3. What are the elements of the cause of action (please research on Westlaw – Google may not give you accurate information)

4. Match your facts to each element of the cause of action

5. Review the complaint forms in Westlaw so that you include all the necessary information

How to access the forms on Westlaw:

Sign onto Westlaw
Click on the “State Materials” tab
Click on “New York”
Click on “New York Form Finder” under the heading “Forms”
Scroll to the bottom on the right, click on “West’s McKinney’s Forms”
Click on the plus sign for the first topic “Civil Practice Law and Rules”
Click on the plus sign for “Pleadings”
Click on the plus sign for “Complaint”
6. Decide if the case should be brought in state or federal court (and why) and does that court have jurisdiction

7. Include only the necessary information in the plaintiff’s complaint (look at the sample I provided to you in the last assignment)

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