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An example of a situation where the law has determined that there is no legal offer is:
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- John comes to you describing how he was sexually assaulted ten years ago and you can tell that he is still traumatized by the incident. You take down his story and assign someone at your office to research tort claims you can make. The research reveals that the statute of limitations will run on the claims in five days. So, you interview the victim again and talk with his therapist and doctor to get support for the complaint, though you don't reach out to any other potential witnesses. You file the complaint. After a year's worth of discovery, evidence reveals that the defendant looks similar and sounds similar to the actual assailant, but was in prison when your client says the assault actually occurred. You could have found this information out by contacting the police, or searching through a website directory of prison inmates in the state. Should the court grant Rule 11 sanctions for failure to conduct a reasonable inquiry? Make sure you can justify your answer with language from the rule.
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