Civil Procedure: Lesson # 4 Relationships Between State and Federal..

Civil Procedure: Lesson # 4 Relationships Between State and Federal..

Civil Procedure:Lesson # 4 Relationships Between State and Federal Law, Venue, Pleading

In order to get full credit you must submit both the complaint and the brief in one (1) document. The first task will require you to draft a legal complaint. To do the following assignment you will need to go to your local law library, or use Lexis to do some legal research. Please pull the Mathew Bender Pleading and Practice form books or similar form books. Look up how to draft a breach of contract complaint. Read what is required to be included in the complaint and then draft a complaint based on the following facts.

On November 1, Mary Wallace visited Sam Clams Honda Dealership. She was interested in purchasing a Honda Civic Sedan. She found a sedan she liked on the lot but she did not care for the color.  Mat, a salesperson for Sam Clam, represented that there was a sedan, same make and model at another lot in the color she wanted.  Mary and Mat negotiated a written contract. The contract stated that Mary would purchase a black 2019 Honda Civic sedan for $18,500, as the total amount out the door price. The car was to be driven to Sam Clams and ready for Mary to pick up on November 5.

Mary filled out all of the appropriate paper work, signed the sales contracts and gave Mat a check for $2,000 as a deposit. She was to bring a cashier’s check for the $16,500 balance when she picked up the car.  On Friday November 5 Mary went to pick up her car and Mat represented to her that he had made a mistake. The black Honda Civic has special wheels and an upgrade infotainment system and retailed for $22,000.  However, she could purchase it for $19,500. Mary has found similar cars at other Honda dealers and the cost for the same car is $22,000. Mary has retained you as counsel to file a complaint against Sam Clam on her behalf.

You represent the Plaintiff – Mary Wallace.