Updating research and testing sufficiency — MCQs

A junior lawyer is researching whether a federal statute permits a client's proposed claim. A database search identifies a published federal appellate opinion from the relevant circuit that supports the claim. The search results also show a red warning symbol beside the opinion but do not explain the symbol. A later federal trial decision quotes the appellate opinion while rejecting a similar claim, stating that an intervening Supreme Court decision “substantially narrowed” the appellate opinion. The client must decide tomorrow whether further litigation expense is justified. The lawyer has not yet read the appellate opinion, the Supreme Court decision, or the citing references. What is the most appropriate next research step?

Using only the supplied client file and legal resources, draft a confidential settlement proposal to MedAxis's counsel addressing disputed performance, payment, a verification process, operational continuity, mutual releases, and a response deadline. The proposal must advance the clinic's priorities without making unsupported admissions.

Using only the supplied file and legal resources, prepare an advisory memorandum evaluating TransitCo's settlement offer, explaining the principal liability and damages uncertainties, and recommending a reasoned response and negotiation range.

Using only the supplied file and legal resources, prepare a persuasive memorandum supporting Atlas Fitness LLC's motion to dismiss for lack of personal jurisdiction and identifying any factual development that could materially alter the analysis.

A pedestrian suffered a broken wrist when a delivery van struck her in a marked crosswalk. The van driver admits looking at a navigation screen immediately before impact, but contends that the pedestrian entered against the signal. A nearby restaurant may have exterior video, and the police report identifies two witnesses without recording their full statements. The pedestrian wants the lawyer to demand $150,000 immediately because she needs funds for treatment. The limitations period is not imminent, and the delivery company has asked for documentation supporting liability and damages. The client authorizes the lawyer to explore settlement but has not authorized a minimum acceptable amount. What is the most appropriate next step?

A junior lawyer represents a delivery company defending a federal employment lawsuit. The lawyer finds a published federal trial-court decision interpreting the relevant federal statute in the company's favor and drafts a motion relying on it. Before filing, the lawyer discovers a later published opinion from the federal court of appeals governing that trial court. The appellate opinion interprets the same statutory language more narrowly and expressly rejects the trial decision's reasoning. The appellate opinion has no negative treatment, but the lawyer has not checked whether later legislation amended the statute. The client wants an accurate assessment and does not want to incur the cost of filing a motion that lacks a reasonable legal basis. What is the most appropriate next step?

A lawyer represents a cyclist injured when a delivery van struck her in a marked bicycle lane. The van company denies that its driver entered the lane and asserts that the cyclist swerved into traffic. The cyclist recalls seeing a city traffic camera at the intersection. An online search reveals a municipal policy stating that ordinary traffic recordings are automatically overwritten after 30 days unless the city receives a preservation request. The collision occurred 24 days ago. The lawyer has interviewed the cyclist but has not contacted the city, the driver, or nearby businesses. The client wants to preserve evidence without immediately filing suit. What is the most appropriate next step?