法律英语证书(LEC)全国统一考试2018年11月试卷二-写作

　　Part Ill. Legal Writing(35 Points) Suppose you are Jason Yang, a freshly admitted attorney in the State of California working for the law firm of Jepson, Hague, and Zhang in the city of Sacramento(which is located in California and in the Ninth Circuit). Your supervising partner, Dawn Guo, has asked you to conduct a preliminary review of the facts and applicable law in the case of Sherri Hezkeel, a model and former local television personality who lives in Los Angeles, California. In 2004, Ms. Hezkeel first came to prominence when she won and subsequently co-hosted a locally televised(televised within the Greater Los Angeles area) game show called Epic After subsequently co-hosting Epic for three years, Ms. Hezkeel turned to professional modeling, in which she has now dabbled for more than a decade. In 2016, Ms. Hezkeel had a relationship with an aspiring but relatively unknown rap musician, Skully Tack. Mr. Tack and Ms. Hezkeel dated for approximately nine months and were engaged to be married for two months before a very bitter breakup. However, they tried to keep their relationship while dating as well as their breakup as private as possible (initially). According to Ms. Hezkeel, Mr. Tack had a history of substance problems, most notably with alcohol. Although she claims he never physically assaulted her, he was, in her words, "extremely abusive verbally at times. " Although the two crossed paths periodically for a while after their breakup, Ms Hezkeel says she has not seen Mr. Tack in approximately two years.

　　During Ms. Hezkeel's modeling tenure, she has used her public platform to promote bullying awareness and anti-bullying initiatives. Last December, she was appointed as the head of California's anti-bullying commission. Three months before that appointment, Mr. Tack placed a post on Twitter, a popular social media platform, that read as follows: "@sherrihezkeel is a phony. has no class. face is product of plastic surgery (i know). was a bully herself in high school. what a hypocrite.” The week following Ms. Hezkeel's appointment, Mr. Tack participated in a live Television interview with a local Los Angeles television station. In the course of that interview, Mr. Tack was asked to clarify his social media post regarding Ms. Hezkeel's alleged bullying However, he initially focused his comments on the first part of his post: I mean, everyone can see [the effects of her] plastic surgery, right? Some of the surgeries have turned out real good, but the one she got a few years ago- she didn't say she had it, but I know she did-just look at the photos before and after and how obvious it is- it really distorted her cheekbones She can't get the same modeling gigs anymore because of it, either. Again, I'm not really saying anything that isn't common knowledge to anyone with a pair of eyes and a little bit of common sense.

　　When pressed to rein his comments in and address the bullying issue, Mr. Tack said, "She told me once while we were engaged that in high school, she and her cheerleader friends used to make fun of the nerdy kids... I mean, really give them a hard time. They would put fake posters up featuring the kids, especially the shy kids who hated talking in public, supporting them for student government. Then they'd taunt them about it. Stuff like, ‘Oohh, hope you're ready for your big campaign speech next week. Everyone will be watching, you know.’ Really cruel stuff like that. And even when she told me about it, it was like she was right back in that moment, still thought it was hilarious. So I think it's pretty ridiculous that she's now viewed as some anti-bullying saint.” Two days ago, an opinion column in a local newspaper was published with the headline, Duplicity: Local Model Reportedly Finds Bullying a Joke, But Plastic Surgery Karma Puts the Joke on Her. "The article contained several quotes from the televised interview with Mr. Tack.