Civil Litigation, law homework help

When a paralegal sends a request for admission to a defendant, they are asking that the second party admit to the truthfulness of some fact or opinion. If the statement is admitted, the statement is no longer in dispute, and by the use of this discovery tool, it simplifies a lawsuit by reducing the number and nature of the points in controversy.

Your supervising attorney has asked that you draft a set of requests for admission on behalf of your client Abel, against his brother Cain in our car accident case. Think about the facts that you would want Cain to admit, to simplify the lawsuit. You should have at least 10 separate requests for admission. A sample has been provided for you below.  Here are some facts about the case:

Your supervising attorney, Jake Smalls, has already served an Answer and Counterclaim on behalf of Abel, based off of a conversation with Abel, who has given him the following information:

  • He got into an accident with his brother, but his brother turned out into the lane in front of him, causing the accident.
  • He believes his brother was intoxicated at the time and was speeding.
  • He knows his brother went to the hospital, but is unsure of the extent of his injuries or medical bills. He is sure, however, that his brother is faking some of his injuries–he saw him moving furniture shortly after the accident. This also leads him to believe he could still perform his job.
  • He is furious with his brother, and wants to sue him for defamation. His brother has been going around town telling “everyone” that he intentionally ran him over because he thought Cain was going to tell Abel’s wife about an affair Abel was engaged in.
  • Abel adamantly denies hitting his brother on purpose, and is furious, as he has never engaged in an affair. Regardless, news of his brother’s statements about him have spread amongst the town, and Abel recently lost an election whereby he was running for the Blackacre School Board. Polling showed he lost the election due to the public’s concern over his moral fitness.

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