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Generative AI & Legal Research

A guide for students and faculty on using generative AI for legal research and writing

Sample contract, pleading, and motion

The following examples are meant to show some of the ways in which ChatGPT can assist in creating basic drafts and outlines of various legal documents. They are not meant to be exact and may contain inaccuracies generated by the chatbot. 

Please note that the AI was not given a persona to adopt in these scenarios, which can affect the quality of the responses provided.

Remember to practice due diligence when using a GenAI tool for these purposes and to always double-check the chatbot's responses for inaccuracies.

Sample Contract

Prompt: 

Please draft an employment contract for a business in the state of Delaware. Include the rate of pay, duration, benefits, and grounds for termination.

GPT Answer:

Creating an employment contract is a complex legal task, and it should be customized to the specific needs and policies of your business. It is highly recommended to consult with an attorney or legal professional to ensure compliance with Delaware state laws and to meet your business's unique requirements. However, I can provide you with a basic template for an employment contract as a starting point:

EMPLOYMENT CONTRACT

This Employment Contract (the "Contract") is entered into on [Date], by and between:

EMPLOYER: [Business Name] [Address] [City, State, ZIP Code]

EMPLOYEE: [Name] [Address] [City, State, ZIP Code]

Property Address: [Address] [City, State, ZIP Code]

Positions and Duties:

The Employer agrees to employ the Employee as [Employee's Job Title]. The Employee agrees to perform the duties and responsibilities assigned by the Employer, including but not limited to [List specific job responsibilities].

Rate of Pay:

The Employee's rate of pay will be [$X] per [hour/week/month/year]. Payment will be made on [specific payment schedule, e.g., bi-weekly or monthly].

Duration of Employment:

This employment is effective from [Start Date] and will continue until terminated by either party as described in this Contract.

Benefits:

The Employee may be eligible for the following benefits:

  • [List any benefits such as health insurance, retirement plans, paid time off, etc.]
  • Any eligibility and specific terms of these benefits will be outlined in separate benefit plan documents. 

Termination:

This employment relationship can be terminated under the following conditions:

  1. Termination by Employee: The Employee may terminate this Contract by providing [X] days/weeks of written notice to the Employer.
  2. Termination by Employer: The Employer reserves the right to terminate the Employee at any time for just cause, including but not limited to poor job performance, violation of company policies, or misconduct.
  3. Severance: In the event of termination without cause by the Employer, the Employee may be entitled to a severance package as per company policy.

Confidentiality Agreement:

The Employee agrees to maintain the confidentiality of all company information, including trade secrets and customer data, both during and after employment.

Governing Law:

This Contract is governed by the laws of the state of Delaware.

This is a simplified template for an employment contract. Depending on your specific needs, you may need to include additional clauses, such as non-compete agreements or intellectual property clauses. Always consult with legal counsel to ensure that your employment contract is legally compliant and tailored to your business requirements.

Sample Pleading

Prompt:

My client believes his employer is liable for a breach of contract regarding his overtime pay rate. Please draft a sample legal pleading complaint for New Castle County in the state of Delaware. Include citations to relevant Delaware statutes.

GPT answer:

Certainly, here's a sample legal pleading complaint for a breach of contract related to overtime pay in the state of Delaware. Please consult with a qualified attorney to ensure it aligns with your specific circumstances and that all relevant statutes and case law are properly cited:

[Your Name] [Your Address] [City, State, ZIP] [Your Phone Number] [Your Email Address]

[Date]

[Recipient's Name] [Recipient's Address] [City, State, ZIP]

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

[Plaintiff's Name], Plaintiff,

v.

[Defendant's Name], Defendant,

COMPLAINT FOR BREACH OF EMPLOYMENT CONTRACT

Plaintiff, [Your Name], (hereinafter referred to as "Plaintiff"), by and through their undersigned counsel, alleges as follows:

I. PARTIES

  1. Plaintiff, [Your Name], is an individual residing at [Your Address], [City, State, ZIP].
  2. Defendant, [Defendant's Name], is an individual/entity with a principal place of business at [Defendant's Address], [City, State, ZIP], and is Plaintiff's employer.

II. JURISDICTION AND VENUE

  1. This Court has jurisdiction over the subject matter of this action pursuant to Delaware Labor Code [cite relevant statute], which governs employment contracts and wage-related disputes.
  2. Venue is proper in New Castle County, Delaware, as Plaintiff worked within New Castle County, and the alleged contract violation occurred within this jurisdiction.

III. FACTUAL BACKGROUND

  1. Plaintiff was employed by Defendant as [Job Title] under the terms of an employment contract (the "Contract") entered into on [Date], a copy of which is attached hereto as Exhibit A.
  2. The Contract specified that Plaintiff would receive overtime pay at a rate of [Rate] times their regular hourly rate for all hours worked in excess of 40 hours in a workweek.
  3. Plaintiff has consistently worked more than 40 hours per week and, accordingly, was entitled to receive overtime pay at the agreed-upon rate.
  4. Plaintiff alleges that Defendant has materially breached the Contract by paying Plaintiff at a rate lower than the agreed-upon overtime rate, in violation of the Delaware Labor Code and applicable case law.

IV. DELAWARE STATUTORY 

  1. Plaintiff's claim for breach of contract is supported by Delaware Labor Code Section [Delaware Statute citation], which governs wage payment and establishes the minimum overtime rate.

V. DAMAGES

  1. As a result of Defendant's breach, Plaintiff has suffered damages in the form of unpaid overtime wages totaling $[Dollar Amount].

VI. DEMAND FOR RELIEF

  1. Plaintiff seeks the following relief:

a. An award of $[Dollar Amount] in unpaid overtime wages.

b. Interest on the unpaid wages as allowed by law.

c. Such further relief as the Court deems just and proper.

VII. JURY DEMAND

  1. Plaintiff demands a trial by jury on all issues so triable.

VIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

(a) Enter judgment in favor of Plaintiff for unpaid overtime wages in the amount of $[Dollar Amount];

(b) Award Plaintiff interest on the unpaid wages as allowed by law;

(c) Grant such other and further relief as the Court deems just and proper;

(d) Award Plaintiff the costs and attorney's fees incurred in bringing this action.

Respectfully submitted, 

[Your Name] [Your Attorney's Name] [Your Attorney's Address] [City, State, ZIP] [Your Attorney's Phone Number] [Your Attorney's Email Address]

Dated: [Date]

By: ___________

[Your Attorney's Name]

Attorney for Plaintiff

Attachments:

  • Exhibit A: Copy of the Employment Contract

Please adapt this template to your specific case and consult with a qualified attorney to ensure it complies with Delaware law and meets the requirements of your case, especially in New Castle County.

Sample Motion

Prompt:

My client was involved in a car accident in Delaware caused by the other party failing to stop at a red light. My client has video evidence of the other party failing to stop and causing the accident. Please draft a motion for summary judgment in favor of my client, citing relevant Delaware statutes if necessary.

ChatGPT Response:

I'm not a lawyer, but I can offer a general template for a motion for summary judgment in a car accident case in Delaware. You should consult with a qualified attorney to tailor this document to your specific case and ensure it complies with Delaware law. Here's a basic template to get you started:

[Your Name] [Your Address] [City, State, ZIP] [Your Phone Number] [Your Email Address]

[Date]

[Judge's Name] [Judge's Address] [City, State, ZIP]

Re: [Your Client's Name] v. [Defendant's Name]

Case Number: [Case Number]

Dear Judge [Judge's Last Name],

I, [Your Name], counsel for the plaintiff, [Your Client's Name], hereby file this motion for summary judgment pursuant to Delaware Superior Court Civil Rule 56. I respectfully request the court to grant summary judgment in favor of the plaintiff based on the following grounds and supporting evidence.

I. STATEMENT OF FACTS

  1. On [Date of the Accident], at approximately [Time of the Accident], a motor vehicle collision occurred at the intersection of [Intersection Name], in [City, Delaware].
  2. The collision was caused by the defendant, [Defendant's Name], who failed to stop at a red traffic signal while operating a motor vehicle.
  3. The plaintiff, [Your Client's Name], was proceeding through the intersection with the right of way when the defendant's vehicle struck the plaintiff's vehicle, causing property damage and personal injuries.
  4. The plaintiff possesses video evidence captured by [Describe the source of the video evidence] clearly demonstrating that the defendant failed to stop at the red traffic signal, thereby violating Delaware traffic laws.

II. LEGAL GROUNDS FOR SUMMARY JUDGEMENT

A. Violation of Delaware Traffic Laws

  1. Delaware Code Title 21, Section [Relevant Code Section] requires all motorists to obey traffic signals and signs.
  2. The video evidence clearly shows the defendant's violation of the red traffic signal.
  3. This violation constitutes negligence per se, as the defendant's actions directly and proximately caused the collision and the plaintiff's damages.

B. Negligence Per Se

  1. Delaware recognizes the doctrine of negligence per se, where a violation of a statute or regulation designed to protect a particular class of persons from a particular harm is considered negligence as a matter of law.
  2. The defendant's failure to stop at a red traffic signal was a violation of Delaware traffic laws designed to protect the safety of all motorists at intersections.
  3. The plaintiff falls within the class of persons intended to be protected by these laws.
  4. The violation of the law was the proximate cause of the plaintiff's injuries and damages.

III. REQUEST FOR SUMMARY JUDGEMENT

The plaintiff respectfully requests the court to grant summary judgment in their favor, finding the defendant liable for the accident based on negligence per se.

IV. CONCLUSION

For the reasons stated above, the plaintiff seeks summary judgment in their favor, finding the defendant liable for the accident. The video evidence is clear and irrefutable, showing that the defendant's failure to stop at a red traffic signal was a violation of Delaware traffic laws, constituting negligence per se. Therefore, there are no genuine issues of material fact, and the plaintiff is entitled to judgment as a matter of law.

Respectfully submitted,

[Your Signature]

[Your Name]

Please note that it's crucial to consult with an attorney who specializes in Delaware law to ensure the motion is in compliance with the most current legal standards and regulations. This is a general template and should be customized to fit the specific details of your client's case.

***All links to statutes/citations were manually input to show the (in)validity of the citations provided by GPT - remember to always double-check all citations!!***