ACC 542 - 06/A2
Project 4
Poseidon vs. Levinson - Part 2
Due May 11, 2006
Prepare a formal paper, complete with APA references to any outside sources used. Use the required cover page and submit both a hard copy in class and an electronic copy (in MS Word .doc format) by e-mail.
Refer to Practical problems #1 and #2 for prior information on this case.
Based on your investigation and the discussions you have had with Poseidon’s management and discussions with outside counsel, Poseidon files a state court civil action against Levinson on March 20, 2003.
On April 1, 2003, Poseidon receives an answer and counterclaim.
Refer to the attached court documents:
Plaintiff’s Original Petition
Defendant’s Original Answer
Defendant’s Original Counterclaim
Provide full and complete answers (with support) to all of the following questions. Reference any sources used to support your positions. These should be authoritative if possible.
1. There are four claims (counts) in the original petition. For EACH claim, clearly spell out (and number) each element (or fact) that must be proved (be complete). You may need to refer to Black’s or another legal source. For example: 1.A.Conversion, element 1, element 2, etc., 1.B.Breach of Duties..., element 1, etc.
2. Using the same numbers as in #1, address each element of each count and answer:
A. Is this element to be handled by the attorney, the forensic accountant, or both (clearly indicate what part by each).
B. If to be handled (in whole or part) by the forensic accountant, what specific information you would need in order to prove that element.
C. If B, then where would you most likely be able to obtain the needed information AND how would you go about getting it. If you think it might be available in multiple sources, indicate all sources.
3. The answer and counterclaim include some information as to Levinson’s position on the original four claims.
A. For each of the four counts, clearly indicate what (if any) defense Levinson has raised. Be sure to indicate clearly what element of the count his defense effects. Clearly list these, using the same numbering system as in #1 and #2.
B. For each item in A for which a defense is raised, indicate what additional evidence you would need to obtain (if any) to refute the specific defense raised.
4. A. Who has the burden of proof for each count in the Original Petition? What is the standard of proof?
B. Who has the burden of proof for each count in the Original Counterclaim? What is the standard of proof?
- 4/27/2006 -