Submit a minimum five-page draft of your paper. Review the requirements for the final draft of this research paper in Unit 1, Research Assignment 1. As part of this draft, you should add analysis of possible damages that are available to the plaintiffs.
You are presently working as a paralegal in a large law firm in San Diego, California. Your supervising attorney, Janet Jones, has called you into her office. Janet just finished an interesting meeting with some potential clients. Rob and Bunny Sherman have a 15-year-old son named Rob Jr. Rob Sr. and Bunny want to bring suit against the Church of the Divine Light. It is similar to the Church of Scientology, but not actually related to any one, organized church.
The parents allege that Rob Jr. was tricked into attending some meetings. One night about a year ago, Rob Jr. was getting ready to return home after one of their youth meetings. The organizer of the youth retreat, Tom Marsden, allegedly made numerous excuses for keeping Rob there. It reached a pinnacle when Tom told Rob Jr., “If you leave, you will be thrown into the eternal fires of Hell, and you will not be allowed back.” Rob Jr. acquiesced and remained. The next day Tom had Rob Jr. write a letter to his parents telling them that he was planning to stay with the Church, as they were his “new” family. Rob Jr. was also told to demand money from his parents to cover his expenses.
Rob Jr. remained with the church for a period of roughly six months. Rob Sr. and Bunny arranged to meet with Rob Jr. to give him his money for that month and pulled him into the car and brought him home. They had to watch him carefully for about two weeks, but he finally came out of the “brainwashing.”
They want to sue the Church for a number of things. They want to sue on their son’s behalf for the intentional torts that were inflicted on him, as well as for the torts committed against them.
Your ultimate assigment (Research Assignment 4) will be to draft a memorandum of law to your supervising attorney. It will be 8-10 pages in length. You will follow the general formatting instructions and will use Bluebook citation format. In that memo, you will have conducted research and evaluated the case law to determine which causes of action, if any, can be filed against the Church. Which are the strongest and which may not survive?
For Research Assignment 1, you will begin this process by addressing the following issues:
- What are the possible causes of action that one can take against the church? Do some research to find similar cases to this one.
- Then come up with a list of possible causes of action on behalf of Rob Jr.
- Outline the elements that must be proven for each cause of action, then list the possible causes of action that can be filed on behalf of the parents. Again, be sure to outline the elements that must be proven for each cause.
This assignment should be at least three to four pages in length.
Submit your assignment to the Dropbox by the end of Unit 1.