University of Maryland Wk 7 Techniques of Legal Research Maia Case Discussion
General Instructions for Discussion
- Create a new thread for each posting.
- Refer to course material using proper Bluebook in-text citations.
- Post responses here in public discussion forum.
- Please put the following in the subject line: Discussion + your name
- Address each classmate by name in your responses, and sign your name to each posting, please.
- Responses should be in depth, comprehensive, and promote further discussion beyond merely agreeing/disagreeing.
Background: Martinez is presenting the next READ seminar for LCA paralegals. You and the other paralegals are to complete a research exercise and discuss it as part of the READ seminar. To complete the READ exercise, review the Hypothetical Facts below and respond to the questions that follow.
Hypothetical Facts: Attorney Harley, a partner in a Maryland law firm, met with the parents of a potential client. The parents reported that their daughter, Maia, a 17-year-old high school senior, met Jon, an 18-year-old classmate, for a “lunch date” in Baltimore County, Maryland. Maia had a crush on Jon, but knew him only casually from classes. Instead of going out for lunch, Jon drove Maia to a deserted area where he tried to sexually assault her. Maia doesn’t want to “press charges,” but she does want Jon to stay away from her and leave her alone.
Attorney Harley thinks that due to recent legislation, victims of sexual assault may be able to obtain help under Maryland’s domestic violence civil protective order statute. Attorney Harley asks you to do the following research using Westlaw. Because the statute may have been recently amended, Harley cautions that sources other than Westlaw may be outdated.
a. Is Maia a Person Eligible for Relief under Maryland’s domestic violence civil protective order statute? Describe how you located the statute that answers this question in Westlaw. Cite the specific, directly-relevant statutory provision in Bluebook format .
b. Can a court order Jon to stay away from Maia and refrain from communicating with her if it grants Maia a final domestic violence civil protective order? Explain how you reached your answer about available relief and cite at least one specific, directly-relevant statutory provision that supports your conclusion in Bluebook format.
Comment on classmates’ Part 1 responses. Do you agree with their conclusions and are the conclusions well-supported by the cited statutory provisions? Why or why not? Review the Discussions FAQ for details of grading. Making one substantive comment is a minimum requirement (equivalent to a “D” grade); more comments made on separate days are needed for a higher grade/maximum points.