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Dunbar, Hope

WRITING SAMPLES
(1) Certified Statement of Petitioner, Petition for an Emergency Order of Protection
(2) Legal Research Conducted on Negligent Entrustment
(3) Memorandum of Understanding between Federal Agencies

Specific names or positions have been removed and replaced with all-caps descriptive terms.

Dunbar, HopeWriting Sample


Certified Statement of Petitioner, Petition for an Emergency Order of Protection
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DOMESTIC RELATIONS DEPARTMENT

NAME #1,
Petitioner
v.
NAME #2,
Respondent

(DOB)

(DOB)

)
)
)
)
)
)

No.

CERTIFIED STATEMENT OF PETITIONER IN SUPPORT OF PETITION FOR AN


EMERGENCY ORDER OF PROTECTION
Petitioner certifies that the following statements are true.
1.

I am the Petitioner in this action.

2.

The Respondent is my ex-girlfriend. We dated for six months and have been separated
since this past Saturday (DATE).

3.

The most serious incident occurred during our breakup on Saturday (DATE). We went to
a movie around 11pm. After the movie we had an argument about money. As a result I
decided to walk home to cool off, and she took the bus. I met her at my apartment and we
went upstairs. She continued to yell at me saying, youre fucked up, youre crazy, you
have no class, youre dumb, youre a bitch, I dont owe you anything, youre not
deserving. I attempted to leave the apartment to cool off and she stood in the doorway to
stop me. I then tried to get my phone. Respondent took it from me and continued to yell.
She then threw a chair in anger. I attempted to continue with the night and not make her
angry further by getting undressed and ready for bed. I sat down on the couch and tried to
pick up the computer and Respondent took it from me. I attempted to get up from the
couch and she pushed me back down. I told her not to touch me. She then held me down
and touched my body without my permission to evidence that she could do whatever she
wanted. At this point I attempted to get dressed, but again she would not let me. I was
undressed, without a means of contacting help by phone or computer, and being physical
threatened by a woman in my own home. Terrified for my personal safety, I picked up a
kitchen knife to defend myself if needed to and again asked her to leave.
She then left the apartment, went downstairs, and called the police. She told the police
that I was mentally unstable and threatening her. While she was downstairs I immediately
got dressed, packed up all of her items, and brought them downstairs to the security desk.
When I brought them down the police walked in, due to Respondents call, and began to
question me. The police did not file a report and gave me information on obtaining an
Emergency Order of Protection. I asked the police to come up to my apartment with
Respondent to confirm that she had taken all of her possessions. The police left around
4am.
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Dunbar, HopeWriting Sample


Certified Statement of Petitioner, Petition for an Emergency Order of Protection

The next day I sent a text message to Respondent telling her that I do not want any
contact with her by any means. She responded by saying, I see where you are. Ill
proceed with my plans. Dont worry, I wont ever contact you again. I only did so today
to try to make things easier for you. She has contacted me 11 times between DATE and
DATE. Respondent is possessive. I believe she is unstable, unpredictable, and dangerous
to my personal safety.
7.

I know that if Respondent knew I was coming to court she would try to stop me and hurt
me.

8.

Respondent is obsessive and has been physically violent in the past. I am afraid for my
own safety.

___________________________________
Petitioner

VERIFICATION BY CERTIFICATION
Under penalties of perjury as provide by law pursuant to Section 1-109 of the Code of
Civil Procedure (735 ILCS 5/1-109), the undersigned certifies that the statement set forth in this
instrument are true and correct, except as to such matters therein state to be on information and
belief and as to such matters, the undersigned certifies as aforesaid that I verily believe the same
to be true.

____________________________________
Petitioner

____________________________________
Date

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Dunbar, HopeWriting Sample


Legal Research Conducted for Partner
Negligent Entrustment in Illinois
Basics
An action for negligent entrustment consists of entrusting a dangerous article to another whom
the lender knows, or should know, is likely to use it in a manner involving an unreasonable risk
of harm to others.1 This can be through explicit or implied consent.2
Control over the Vehicle
If the actor does not have exclusive or superior right of control then no entrustment can occur. 3 If
two individuals are co-owners one cannot be said to have superior right or control over the
other.4
Qualification as Incompetent, Inexperienced, or Reckless
An automobile is considered a dangerous article when operated by a person unskilled in its use; a
person may be liable when they should know the driver is incompetent, inexperienced, or
reckless.5
Drivers License as Evidencing Negligence
Failure to have a valid drivers license is not evidence of drivers negligence and additionally is
not evidence that a seller knew or should have known driver would operate in a negligent
manner.6 In instances where a car dealership is selling to an unlicensed individual Illinois has
looked to whether the seller knew or should have known of prior traffic violations. The court
noted that the man looked to be a competent driver based on insurance and age.
Vicarious Liability Law and Entrustment
Illinois does not have a specific vicarious liability statute; Section 308 of the Restatement
(Second) of Torts provides the proper threshold for determined whether entrustment has occurred
in Illinois.7
It is negligence to permit a third person to use a thing or to engage in an activity which
is under the control of the actor, if the actor knows or should know that such person
intends or is likely to use the thing or to conduct himself I the activity in such a manner
as to create an unreasonable risk of harm to others.8
In Relation to Our Case
In regards to CASE #, I think you can defend against the claim of negligent entrustment.

Zedella v. Gibson, 165 Ill.2d 181, 186 (1995).


Kosrow v. Acker, 188 Ill.App.3d 778, 784 (1989).
3
Zedella, 165 Ill.2d at 187.
4
Id. at 190.
5
See Zedella v. Gibson 165 Ill.2d at 186, Kosrow v. Acker (1989), 188 Ill.App.3d 778, 783, 136 Ill.Dec. 118, 544
N.E.2d 804; Giers v. Anten (1978), 68 Ill.App.3d 535, 538, 24 Ill.Dec. 878, 386 N.E.2d 82; Bensman v. Reed
(1939), 299 Ill.App. 531, 534, 20 N.E.2d 910.
6
McGath v. Price, 342 Ill.App.3d 19, 19. See also Eyrich v. Waldemar, 327 Ill.App.3d 1095, 1098-99.
7
Zedella, 165 Ill.2d at 193.
8
Restatement (Second) of Torts 308, Comment a, at 100 (1965), quoted from Zedella, 165 Ill.2d at 186.
2

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Dunbar, HopeWriting Sample


Legal Research Conducted for Partner
In summary, Son is not covered by insurance because of clause Q. The OPC came back with a
charge of negligent entrustment for Mother. Mother gave explicit consent that Son could take the
car; however, she had no reason to know or should have known that he Son would use the
vehicle in a manner involving an unreasonable risk of harm to others that was incompetent,
inexperienced, or reckless. Lack of a drivers license is most likely (see below note) not in itself
proof of negligence on the part of the Son or that Mom knew or should have known Son would
operate the vehicle in a negligent manner.9 Therefore, no negligent entrustment.
However, this is based on the assumption that he doesnt have anything else in his background
that would lead his mother to have reason to suspect incompetent or reckless behavior. If he
does, there are a few cases which deal with particular charges and which apply. But basically,
anything unrelated to driving is not evidence that she should have known. This also applies to his
felony charge, as long as it was not related to negligent or reckless driving is should not factor
towards negligent entrustment.
Additionally, if Son and Mother were both co-owners there can be no negligent entrustment on
the part of Mother, even if Son does not have a valid drivers license, because they have equal
legal rights to the car and thus there is no exclusive or superior right of control.

Past cases have held that lack of a valid drivers license does not mean seller (car dealer) knew or should have
known that buyer would operate the vehicle in a negligent manner. I would argue that this same principle applies
when a car is lent to a second party, as in this instance.
The background reasoning on this principle is that, licensing statutes do not set forth specific standards of care and
the fact that a driver has not submitted to the State for testing of his driving skills is not evidence that he was driving
negligently when involved in an accident Originally quoted from French v. City of Springfield, 65 Ill.2d 74, 80-81
(1976). Other cases have not addressed that this was originally meant for those who have not tested yet and have
applied it openly to cases when the driver simply lacked a valid license, as opposed to being too young to qualify.

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Dunbar, HopeWriting Sample


Memorandum of Understanding

Memorandum of Understanding
Between
PARTNER A
And
PARTNER B

This memorandum of understanding (MOU), between PARTNER A and PARTNER B, provides


for the temporary relocation of PARTNER A office staff to the BUILDING OF PARTNER B
located at 1234 MAIN ST, CITY STATE. The provisions of this agreement will be implemented
upon the approval of necessary temporary relocation by the Director or designee of PARTNER
A.
PARTNER B agrees to provide the following support to PARTNER A:
1. Access to the facility (Building #, Rm. #):
a. Upon approval of temporary relocation by POSITION TITLE or designee up to a
period no longer than 30 days.
b. Annually on every first Tuesday of MONTH (EXAMPLE DATES etc.) to
update and monitor emergency supplies located in (Building #, Rm. #).
c. For emergency response and continuity of operation plan (COOP) exercises as
requested by the FEB, FEMA, or other federal mandate.
2. During an emergency COOP, access to (Building #, Rm. #) shall be limited to
PARTNER A personnel and a single pre-identified supervisory member from
PARTNER B.
3. Secure storage in (Building #, Rm. #) for existing equipment for the receipt, processing,
storage, and transmission of classified information.
4. Access to secure internet capabilities (cable and wi-fi) with a guest password. In
addition, access to a phone line with calling capabilities both in-bound and out-bound.
5. Provide PARTNER A Staff documentation concerning Physical Security Operations of
the facility, to include access control procedures, general emergency procedures, and all
emergency contingency plans developed.
6. Assign one (1) staff member during relocation to (Building #, Rm. #) as a contact point
for technical assistance concerning security policies, procedures, and operational issues.
Staff member should be same individual that has access in provision 2 above.
Upon implementation of necessary temporary relocation, PARTNER A agrees to the following
terms for use of PARTNER B facility (1234 MAIN ST, CITY STATE). PARTNER A will:

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Dunbar, HopeWriting Sample


Memorandum of Understanding

1. Adhere to safety and security procedures established by PARTNER B. All personnel


will understand and comply with Physical Security Operations of the facility, to include
access control procedures, and all emergency contingency plans developed for the safety
of employees and visitors.
2. Wear federal credentials properly displayed at all times while on the premises.
3. Park no more than three (3) vehicles in designated parking spots that have been preidentified by PARTNER B.
4. Comply with federal policies including adherence to prohibited practices and local, city,
and state ordinances.
5. Remove all trash from (Building #, Rm. #) daily.
6. Keep the premises neat and clean throughout the duration of occupancy and upon
departure.
7. Adhere to any environmental requirements of the building including recycling or green
initiatives.
This MOU is effective as of the dates of signature and shall remain in effect until the
signatories, or successors, provide written notice rescinding the conditions described herein.
Any questions concerning this matter should be directed to the DESIGNATED STAFF OF
PARTNER A.

________________________
NAME
TITLE

________________________
NAME
TITLE

ADDRESS

ADDRESS

________________________
Date

________________________
Date

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