roblem: I want you to pretend you are my paralegal. I have just spoken with a client for whom I prepared an estate plan. Her back yard neighbor is about to start building an addition to his house, and my client is convinced part of the foundation for her neighbor’s addition is on her land. My client had a job in Spain from January, 2021 – January, 2021, so she was away when the foundation was poured. She returned to Massachusetts on February 15, 2022, so she has just discovered the problem. She has talked to her neighbor about her concerns, but he has ignored them, and his carpenter is going to begin building the walls in early March.
Task: I want to file for a Preliminary Injunction right away in Mass. Superior Court for my client to ask the Court to stop all work on the addition until a land survey can be done. I know there is a Mass. Appellate Case which explains what I must write in my motion for a Preliminary Injunction, but I only remember that it was decided in 1980.
Task: I want to file for a Preliminary Injunction right away in Mass. Superior Court for my client to ask the Court to stop all work on the addition until a land survey can be done. I know there is a Mass. Appellate Case which explains what I must write in my motion for a Preliminary Injunction, but I only remember that it was decided in 1980.
- Please find the case for me, and write a case brief on it.
- Please follow my step by step the directions in HOW TO WRITE A CASE BRIEF that I gave you in Unit 2. I am attaching it again here.
- Please make sure you in your Facts section to include all of the facts mentioned in the case. You do not know which facts are relevant and which ones are not, so it is best to include all of the facts.
- Please make sure in your Reasoning section that you tell me the 3 part test that the Court said the Judge will need to use when deciding my request for a Preliminary Injunction.
Suggestions for finding the case:
Option 1 – Use the Mass. Trial Court Law Libraries’ website.
Click on Law by Source, then click on Massachusetts Court Cases.
Under Massachusetts Court Cases, click on Published Court Opinions,
Under Published SJC and Appeals Court Cases, Including Cases Decided Before 2001, click on Search SJC and Appeals Court cases from Mass Cases 1938-date.
Then fill in the box below Search by Subject with appropriate search terms such as preliminary injunction 1980
Option 2 – Use your access to Westlaw If you have finally gotten it
Using the Descriptive Word Method
1) Refine your search to State Materials/Massachusetts State Cases.
2)Then fill in the search bar with appropriate search terms like preliminary injunction 1980
Using the Online Search Method
1) Refine your search to State Materials/ Mass. Key Numbering System
2) Then enter 212 in the Search Bar.
3) When you get list of the sections of 212 click on Injunction – Likelihood of Success on the Merits
4) When that list of cases comes up look in the Navigation Bar on the left and refine your search to Mass. cases
5) When that shorter list comes up scroll down until you find the one from 1980.
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Ch. 4 Ind Assign