Questions and Answers of Law Business And Society

For what reasons can a judge issue a protective order?
When must a response to a motion for summary judgment be filed? When must a reply be filed?
Who can file a motion to set certificate of readiness?
When must discovery be completed?
What must be included in a settlement conference memorandum, when must it be completed, and to whom must it be given?
Who conducts voir dire in the federal courts?
To how many peremptory challenges is a party entitled?
At what point must a party submit requests for jury instructions?
When can a party apply for a default judgment?
How are awards for attorneys’ fees determined?
This exercise will require you to go to the web page for your highest court. You can use one of two ways to get to there. One way is to go to a frequently used legal portal called FindLaw at
Your firm’s client, Arnold, attended a graduation party hosted by an acquaintance of his, Steven. Steven’s parents, at Steven’s request, agreed to stay out of sight of his guests and they were
Your firm has a client, Marvin, who was injured when he ran into a disabled truck on the highway. The accident occurred shortly after sundown. Marvin said he did not see the truck until shortly
Your firm has agreed to represent Michael, the victim of a school shooting. The evidence your investigator has been able to gather at this point indicates that the suspected assailants had been avid
Your firm has been contacted by parents whose only daughter was allegedly murdered. The murder trial of the accused resulted in a hung jury. Frustrated by the results of the criminal trial, the
In states that participate in the VitalChek program, qualified individuals can obtain certified copies of vital records, including birth and death certificates, via a request by phone, mail, fax, or
Your firm has been asked by the state court to represent an inmate in one of your state prisons who was severely injured when he was electrocuted as a result of reaching up and screwing in a light
Legal assistants are frequently assigned the task of locating and reviewing medical records. Several online resources are available to assist in the reviewing process.If you come across terms you do
Watch the movie The Insider, which is based on a true story involving Dr. Jeffrey Wigand, a senior research chemist for Brown and Williamson, who was asked after he was fired by the company to be
Suppose Jack Major, one of your firm’s clients, owns a Rottweiler dog by the name of Misty, who recently bit a door-to-door salesman who came to their home. Jack is concerned that he will be sued
Your firm has a client, Ken, who purchased an Arabian stallion from Ellie Arabians.His intent was to use the stallion to enhance his breeding program, but in the first year that he used the stallion,
When locating an attorney in or outside your state, you can often do your searching online. Martindale-Hubbell has an online directory (http://www.martindale.com), as do most state bar associations.
Your firm has recently accepted Maria Conseulas as a client. Maria was seriously injured when she fell off a horse while jumping it at a horse show. The horse caught its foot when going over a
In deciding whom to sue, an attorney must assess the assets of each potential defendant. If a potential defendant is not insured and has no assets that can be collected if a judgment is won,
Assume the same facts as given in the “Practical Ponderables ” except assume that the trainer is an employee of Escondido Farms and has substantial assets of his own. Further assume that
Washburn University Law Library has an easily referenced index that takes you to everything from full-text court opinions and law journal articles to legal dictionaries and ZIP code directories. This
Your firm has agreed to represent Scott, an insured of XYZ Insurance Company.Scott was sued by a person injured in an automobile accident that Scott was responsible for. Scott’s policy limits were
In the following cases, to what extent might an individual be hampered in delivering legal services because of personal reactions toward the client? Identify potential bias.a. Mr. Smith, the client
a. Think about your past and present contacts with people who have irritated you the most. Make a specific list of what bothered you about these people.Suppose that you are working in a law office
a. What is the name of the statutory code containing the statutes of your legislature?If more than one exists, list each one.b. In this code, find any statute on divorce. Quote and cite the first
a. Is your state statutory code on the Internet? If so, give its address (uniform resource locator or URL) and quote from any statute on this site that covers divorce.b. Try to find the Internet
a. Give the full citation to the ethical rules that govern the conduct of attorneys in your state.b. What is the name of the bar association committee in your state that has jurisdiction over the
Dan and Elaine were divorced in 1999. The divorce decree ordered Dan to pay $350 a month in child support for their daughter, which he has faithfully paid. A year later, Elaine goes to an attorney to
a. Opinion RPC 176 says that “extreme care” must be used to ensure that the tainted paralegal is “totally screened” from the family law (“domestic”) case.Make a list of the steps Attorney
Smith is an attorney who works at the firm of Johnson & Johnson. He represents Ralph Grant, who is seeking a divorce against his wife, Alice Grant. In their first meeting, Smith learns that Ralph is
What specific conduct of the paralegal was unethical? Make a list of what Martinez should have done when he hired the paralegal to have avoided such conduct.
For each of the following statements made by a client, what areas do you think would be reasonable to probe to determine if the statement is an accurate reflection of what the client wants? What
Interview a married person. Cover the questions outlined in this chapter as well as any additional questions you think should be included. Tell the person you interview:a. To assume he or she is
Your instructor will play the role of a new client in the office where you work as a paralegal. Assume that you have been asked to conduct a comprehensive interview of this client in order to compile
What are the requirements for entering a valid premarital agreement in your state?
a. Jim and Mary are about to be married. Mary is a wealthy actress. Jim is a struggling artist. Both agree that it would be a good idea to have a premarital agreement. Mary suggests that Jim make an
Would the following provisions in a premarital agreement be legal in your state? Explain why.a. A clause designating how much support one spouse will receive from the other during the marriage.b. A
The property division clause in the premarital agreement of George and Jane provides that in the event of a divorce George will receive $750,000 and Jane will receive all other property acquired
a. Make a list of every fact that helps support the conclusion that the agreement was signed involuntarily. For each fact, state why.b. Make a list of every fact that helps support the conclusion
a. Find an opinion written by a court in your state that discusses the fairness or reasonableness of a premarital agreement. Give the facts and result of the opinion. If no such opinion exists in
a. Why did the Hewitt court rule that cohabitation agreements were illegal?Why did the Watts court rule that they can be legal?b. Which opinion was correctly decided, Hewitt or Watts?c. Assume that
a. Give (i) specific examples of evidence of damages you think the plaintiff will try to introduce at the new trial and (ii) specific examples of evidence of damages she will be forbidden to
a. Does your state code contain a heart balm statute for breach of contract to marry? If so, give its citation and summarize what it says.b. Find a court opinion written by one of your state courts
Assume that you live in a state where heart balm actions can be brought. Dan asks Carol to marry him. Carol says yes. The date is set for the wedding. Two weeks before the wedding, Carol learns that
What further facts would you seek in order to assess whether the car was a gift in the case of Bob and Mary above?
Examine the following sequence of events:Jim asks Bob for the wristwatch back. Bob refuses. Jim asks Joan’s mother for the Bible back. The mother refuses. Jim asks Joan for one month’s interest
Closely examine each of the following situations. Determine which restraints on marriage, if any, are enforceable. Give specific reasons you think the restraint is or is not enforceable.a. John is
Go to your state statutory code and identify all of the technical requirements for entering a ceremonial marriage (e.g., obtaining a license, paying a fee).
In Assignment 5.7, you identified all of the requirements for a ceremonial marriage in your state. In this assignment, you are to interview someone who was married in your state in order to determine
a. In your state, is the validity of the marriage affected by a violation of any of the technical requirements for a ceremonial marriage that you identified in Assignment 5.7?b. What penalties can be
Suppose that a statute in a state provides as follows:§ 10 No marriage shall be invalid on account of want of authority in any person solemnizing the same if consummated with the full belief on the
a. Does your state allow covenant marriage? If so, describe its components.b. Explain why you think it is a good or bad idea for every state to force couples to choose between conventional and
Does your state have a statute abolishing common law marriages? If so, what is its effective date? If not, check court opinions to determine whether common law marriages are valid in your state. Give
Examine the following sequence of events:• Ann and Rich meet in State Y where they agree to live together as husband and wife forever. They do not want to go through a marriage ceremony, but they
Vivian Hildenbrand and Tom Hildenbrand began living together in Oregon in 1975 and continuously did so until Tom’s death in 1984. During this time, pursuant to mutual agreement, they cohabited and
a. Why do you think most states have abolished common law marriages?b. What is the feminist argument in favor of allowing common law marriages?
Does your state have a mini-DOMA? If so, what does it say?
a. Why did the court rule that the Vermont marriage statutes violated the state constitution?b. Did the court rule that same-sex couples must be allowed to marry? If not, under what circumstances
a. What rights and protections does the Baker v. Vermont court say are given to married, opposite-sex couples in Vermont?b. Which of these rights and protections are offered married couples in your
List the grounds for annulment in your state.
In the following list, you will find pairs of individuals. For each pair, check your ASSIGNMENT 6.2 state code and answer three questions: Can the individuals marry? If the marriage is prohibited, is
What age restrictions apply to marriages in your state?
a. Should Illinois have abolished its program of mandatory testing for HIV?b. Should Congress pass a federal law requiring every state to impose mandatory HIV testing? What problems would such a law
a. Elaine is twenty years old, and Philip, a bachelor, is seventy-five. Philip asks Elaine to marry him. Philip has terminal cancer and wants to die a married man. He and Elaine know that he probably
a. Why couldn’t this marriage be annulled?b. Assume that Edward Christoph files for divorce the day after the statute of limitations for corrupting the morals of a minor expires. If Melissa Miller
Do you think that any of the following marriages could be annulled on the ground of duress?a. Rita married Dan after Dan threatened to kill Rita’s second cousin if she did not marry him. The only
a. Do you think the annulment could have been granted on the ground that the marriage was a sham?b. Later we will study no-fault divorce, in which marital fault is no longer relevant to the granting
a. Is there a statute in your state that deals with marriages contracted out of state? If so, give its citation and state how it handles such marriages.b. Find a court opinion written by a state
Answer the following questions by examining the statutory code of your state.a. Is there a statute on whether children of annulled marriages are legitimate? If so, give the citation to the statute
How would the following two problems be resolved in your state? You may have to check both statutory law and case law.a. Fred and Jill are married. Fred is killed in an automobile accident with the
a. What is the name of the court in your state that can hear annulment actions?b. How does this court acquire jurisdiction over the subject matter of annulment actions (e.g., residence or domicile
Prepare a flowchart of annulment litigation in your state.
a. In your state code, find the statute that lists the grounds for divorce. Give the citation to this statute and list all the grounds for divorce provided therein.b. For each ground of divorce
Assume that a statute provides that one of the grounds for divorce is voluntaryseparation for a period of two consecutive years. This living-apart ground isthe only one authorized in the state. Could
a. In your answer to Assignment 7.1, you made a list of the grounds for divorce in your state. If one of the grounds for divorce in your state is living apart, determine whether the divorce actions
a. Is incompatibility a ground for divorce in your state? If so, what is the exact language of this ground in the statute?b. One married partner says to the other, “I no longer love you.” By
a. Is irreconcilable differences or irremediable breakdown a ground for divorce in your state? If so, what is the exact language of this ground in the statute?b. Dan and Helen were married in your
Is adultery, fornication, or illicit cohabitation a crime in your state? If so, what are their elements?
a. Does your state have an action for a judicial separation?b. If so, what is the action called?c. What is the citation of the statute authorizing this action?d. What are the grounds in your
Prepare a flowchart of the procedural steps that are necessary for a judicial separation in your state.
a. Does your state have an action for separate maintenance or its equivalent? If so, on what grounds will the action be granted?b. Prepare a flowchart of all the procedural steps required in a
a. For purposes of obtaining a divorce, how is domicile determined in your state?b. Using the index volume(s) of your state code, find as many references as you can to domicile (up to a maximum of
Try to find an individual (e.g., relative, friend, classmate) who now lives, or who in the past lived, in more than one state at the same time (e.g., for business purposes, for school purposes, for
In each of the following situations, determine in what state the person was domiciled at the time of death. a. While living in Illinois, Fred hears about a high-paying job in Alaska. He decides to
John and Sandra were married in Florida but live in Georgia. Sandra returns to Florida with their two children. John never goes back to Florida. He often calls his children on the phone, and they
Identify each court in your state with subject matter jurisdiction over divorces. Write your answer in step 1 of the Divorce Litigation Flowchart in Assignment 7.29 at the end of the
a. In a divorce action in your state, how is venue determined? Write your answer in step 2 at the end of the chapter. b. If your state code uses the word residence in its divorce statute without
Tara, a member of the armed services, is temporarily stationed in your state. She and her husband, George, are domiciled in another state. Under what circumstances, if any, can Tara obtain a divorce
Answer the following questions by examining your statutory code. Your answers will also become part of the Divorce Litigation Flowchart at the end of this chapter. a. What must a complaint for
Under what circumstances can a guardian ad litem be appointed in a divorce action in your state? Write your answer in step 17 at the end of the chapter.Step 17 When can a guardian ad litem be
Is there a waiting period in your state? If so, how long is it and when does it begin to run? Write your answer in step 18 at the end of the chapter.Step 18 Is there a waiting period? If so, how long
Answer the following questions for a divorce action after examining your statutory code and your court rules.a. Who can be deposed? When must a deposition be requested? How must the request be made?
Pick any well-known married couple in the media. Assume that they are getting a divorce and that you work for the law firm that is representing the wife.You are asked to draft a set of
In a divorce action in your state, what preliminary orders can be granted by the court pendente lite? Summarize your response in step 26 at the end of the chapter.Step 26 In a divorce action,
Answer the following questions after examining your state code and court rules. a. In a divorce action, what evidence, if any, must be corroborated? Write your response in step 27 at the end of the

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