If the opinion is on point what will the probable decision be in regard to the

If the opinion is on point what will the probable

This preview shows page 11 - 13 out of 14 pages.

If the opinion is on point, what will the probable decision be in regard to the question raised by the client’s facts? The court opinion is probably not on point. The facts of both cases are different. The probable decision would likely be that the court may enter an order of eviction because there was no response to the notice of default within the 30 day, and the notice was properly delivered. Part F Client’s Facts: Landlord sent the notice of default by regular mail, and the tenant received it. What are the fact similarities and differences between the court opinion and the client’s situation? Similarities: Both cases involve a landlord, a tenant, and a notice of default that was improperly delivered In both cases the tenant and the client both received the notice. Differences: In the court opinion, notice of default was placed in the tenant’s mailbox. In the client’s case, the notice was delivered by regular mail. In the court opinion the tenant received the notice the next day, in the court opinion the client received the notice with no specified time frame. Is the court opinion on point? Why or why not? The case is probably on point because the requirement of the two-step process was met. Step 1: Are the key facts sufficiently similar for the court opinion to apply as precedent? The court opinion and the client’s case are sufficiently similar for the case to apply as precedent. Both cases include a landlord, a tenant, and a notice of default and the notice of default in both cases were received. Therefore, the key facts are sufficiently similar for the case to apply as precedent. Step 2: Are the rules of law sufficiently similar for the court opinion to apply as precedent? Both cases involve the same statute and the same questioning involving the statute “Was the notice of default effective when it was improperly delivered, even though the client received the notice, and the client and was not prejudiced by the improper notice?” If the opinion is on point, what will the probable decision be in regard to the question raised by the client’s facts? Assuming the case is on point, the probable decision will be that the notice of default is effective.
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Regardless of how the notice of default was delivered, in both the court opinion and the client’s case, the notice was received. The court ruled that although the method of delivery did not comply with the statute, the intent of the act was accomplished if the tenant received actual notice and was not prejudiced by the improper notice. Part G Client’s Facts: The landlord sent the notice by certified mail, but the client refused to accept it. What are the fact similarities and differences between the court opinion and the client’s situation?
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