Questions and Answers of Law Business And Society

In your state, can one spouse use wiretap evidence against the other spouse at the divorce hearing (e.g., the wife taps her husband’s phone and wants to introduce into evidence the conversation he
In Assignment 7.14, you identified what court(s) in your state have the power to grant divorce. Attend a divorce hearing in one of these courts and answer the following questions concerning what you
Answer the following questions after examining your state code. a. Is there an interlocutory decree or a decree nisi in your state? If so, how long is it effective and how does the divorce become
Answer the following questions after examining your state code.a. What procedures must be followed to seek enforcement of a divorce order by contempt? Write your answer in step 35 at the end of the
Interview a paralegal, attorney, or legal secretary who has been involved in divorce actions in your state.a. Approximately how many divorce cases have you worked on?b. How many of them have been
(Fill in each step after checking the law of your state, particularly your state statutory code. You may also need to refer to court rules and judicial opinions.See General Instructions for the
Determine whether any of the following clauses improperly facilitates divorce or is collusive. a. “In the event that the wife files a divorce action, the husband agrees not to file any defenses to
a. Locate a digest containing small paragraph summaries of court opinions from your state. Find those parts of the digest that deal with separation agreements.List any ten key topics and numbers that
a. Was Diane Bell coerced into signing the separation agreement? Was there coercion?b. Conduct a debate in class on whether the separation agreement should have been enforced. Assume that there is a
Answer the following questions after examining your state code. Also check state court opinions of your state if you cannot find an answer in the code.a. What standards will a court use in awarding
a. Find an opinion decided within the last ten years by a court in your state that awarded alimony to a woman. List all the considerations that the court used in making its alimony decision. Try to
A former secretary petitions a court for alimony. She tells the court that she will return to work as a secretary, but still needs alimony. Her husband, however, argues that she is capable of earning
When parties are not able to agree on a property division, what standards will a court in your state use to do it for them? Under what circumstances, if any, can a court divide separate property?
a. Who was treated unfairly by the Gastineau case: Marcus? Lisa? Neither? Was her one-third share too high, too low, or just right? Have a debate in class on this question. (Note that this case did
Find a friend or relative who works at a place where he or she is covered by a pension. Assume that you work at an office where your friend or relative is a client who is seeking a divorce in which
a. Was Woodworth v. Woodworth correctly decided? Why or why not?b. Frank and Elaine are married in your state. Both work at low-paying jobs at a fast-food restaurant. Elaine wishes to become a
Does your state have any statutes on the division of (a) a pension, (b) a degree or license, (c) a business or profession, or (d) goodwill following a divorce? If so, briefly summarize their terms.
Find authority (e.g., a statute or a court opinion) in your state for the court’s power to modify an alimony award. When will such a modification be made?
Karen and Jim obtain a divorce decree that awards Karen $500 a month in alimony“until she dies or remarries.” A year after the divorce decree becomes final, Karen marries Paul. Jim stops the
Tom and Mary execute a separation agreement on February 17, 1998, in which they mutually release all rights (dower, curtesy, election, etc.) in each other’s estate. They ceased living together on
Contact a lawyer or paralegal who works in a law office that practices family law in whole or part, and find out what computer software programs they use on family law cases other than basic
Two members of the class will role-play in front of the rest of the class a negotiation session involving a husband and wife who want to enter a separation agreement. They have two children, ages two
Richard and Helen Dowd have been married for six years. They are both financial consultants who work out of their home. They have one child, Kevin, aged four. Recently, they decided to separate.
a. The mother was ordered to “promote the frequent and continuing positive interaction” between the children and the father. Wouldn’t this promotion constitute an expression of opinion by the
When Helen married John, she converted from Catholicism to his religion, Judaism.Neither Helen nor John was a very religious person, however. To a moderate extent, their two children were raised in
a. What standards exist in your state to guide the judge on the decision to grant custody when the dispute is between the two biological parents?b. Find an opinion written by a court in your state in
Flora Smith and Harry Smith have one child, ten-year-old Mary Smith. Flora and Harry are separated. Flora wants supervised visitation of Mary by Harry Smith because he often misses child-support
Diane and George are the parents of Mary. When the child is two years old, the parents divorce. The decree awards Diane sole custody with visitation rights to George (on alternating weekends). Diane
a. Was Allen denied custody because of his immoral behavior?b. (i) For Allen, prepare a list of factual allegations that support his position that he should be given custody rather than Farrow. (ii)
a. Are there any statutes in your state on how the court is to resolve a custody dispute between a biological parent and a psychological parent? If so, what do they say?b. Find an opinion written by
a. Are there any statutes in your state specifying the conditions for modifying a custody order that was issued within your state? If so, what are they?b. Find an opinion in which a custody order
a. Fred and Jane were married in Iowa on January 1, 2000. On March 13, 2000, they had a child, Bob. From the first day of their marriage, however, they began having marital difficulties. On July 4,
a. Ted and Ursula Jackson have one child, Sam. Sam was born on March 13, 2000, in State A, where everyone has lived since the beginning of 2000.Upon discovering that Ted is having an affair with an
a. Find a court opinion in your state in which your state refused to modify the custody order of another state. Why did it refuse?b. Find a court opinion of your state in which your state modified
Is it a crime for a parent in your state to take his or her child from the other parent without the consent of the latter? Check the statutes and cases of your state.
a. Did this court hold that it would have reached a different result if Todd had been rich?b. Who is correct? Judge Miller or Judge Conover? Is the majority opinion antiwoman?c. As we will see in
a. Howdoes a court determine the amount of child support in your state? Describe the main features of whatever guidelines exist and explain how they are used.b. Make up a fact situation involving two
a. Did the court violate Aron Goldberger’s First Amendment right to freedom of religion by forcing him to pay child support?b. Assume you work for the law firm that represents Esther Goldberger. To
a. What standards apply to a request to modify child-support payments in your state?b. Sara pays her ex-husband, Harry, $800 a month in child support under a 1995 court order that granted custody to
What is the name of the IV-D agency in your state? Contact the closest branch. Ask for a copy of a brochure describing its services. Summarize them.
How does the State Parent Locator Service of the IV-D agency in your state operate? Describe how the service functions.
What steps must be taken in your state to use a civil contempt proceeding to enforce a child-support order?
a. Is it a crime in your state to fail to pay child support? If so, quote the essential elements of the crime.b. Prepare a list of questions you would ask in order to help determine whether this
a. Who can use income withholding in your state through the state IV-D agency? How does this enforcement mechanism operate?b. Compare income withholding to the garnishment process in your state. How
Under the state code of your state, can licenses be revoked for the failure to pay child support? If so, what licenses? What are the conditions that will trigger a revocation?
John and Carol are divorced on September 1, 1991. Their separation agreement requires John to pay Carol $500 a month for her support until she dies. Use the guidelines of this chapter to answer the
a. Greg was born on July 31, 1980. He is the only child of Bill and Karen. Under the terms of their separation agreement, which becomes effective on December 5, 1995, Bill is to have custody of Greg,
Mary and Thad are married. Mary is a doctor and Thad is an architect. Before the marriage, Thad incurred a $35,000 debt at a local bank for his own education expenses. He is now in default on the
For the following questions, you will need to consult the statutory code of your state and/or the opinions of courts in your state. (See General Instructions for the State-Code Assignment and for the
For the following questions, examine the statutory code of your state.a. Has a dower been abolished in your state? If so, give the citation to the statute that abolished it.b. If a widow is not
For most of the following assignments, you will need to examine your state statutory code. You may also need to check opinions written by your state courts.a. When a woman marries in your state, does
For the following questions, see General Instructions for the State-Code Assignment in Appendix A.a. In your state, if a wife is threatened with violence, what remedies does she have?b. When, if
Prepare a flowchart on obtaining an injunction (or restraining order) against violence threatened by a husband against his wife in your state.
a. Do you think that a court encourages killing when it allows evidence of the battered woman syndrome to be introduced in trials of women who kill their spouses or boyfriends? Explain why or why
a. The Georgia statute says: “A person commits the offense of rape when he has carnal knowledge of a female forcibly and against her will.” OCGA§ 16–6–1. The court in Warren suggests that
Answer the following questions by examining your state code.a. What are the inheritance rights of an illegitimate child in your state? From whom can an illegitimate child inherit?b. Who can inherit
In what way(s) can an illegitimate child be legitimated in your state?
a. In what way(s) can the fatherhood of a child be determined by a court in your state?b. Select the main way that fatherhood is established in your state (e.g., a paternity proceeding), and prepare
a. What is the difference between legal paternity and biological paternity? Why was the distinction important in Pettinato?b. Assume that the paternity issue is not raised in the divorce case and
a. Find one opinion written by a court in your state in which the court held that emancipation had occurred. State the facts of the opinion. What specific events led the court to conclude that
Answer the following questions by examining the statutory code of your state or the opinions of the courts in your state. (See General Instructions for the State-Code Assignment and the Court-Opinion
George is a wealthy thirteen-year-old who owns an expensive painting. He signs a contract to exchange the painting for a valuable horse owned by Helen, an equally wealthy twelve-year-old. Both George
Answer the following questions by examining the statutory code of your state and/or the opinions of the courts of your state. a. What is the minimum age for an individual to execute a valid will in
Answer the following questions after examining your state statutory code.a. What is the state-code definition of a neglected, abandoned, dependent, or abused child in your state?b. What court has
a. Prepare a checklist of questions you could use to help determine whether a child has been neglected, abandoned, etc.b. Draft a flowchart of the procedural steps that are necessary in your state to
Most of the following questions can be answered by examining your state statutory code.a. What is a juvenile delinquent in your state?b. What court has subject matter jurisdiction to determine
a. Find statutes or court opinions that define the words custody and guardianship in your state. For each word, try to find at least one statute or opinion that defines the word. If either or both
Answer the following questions based on your state code.a. Are independent or private adoptions allowed in your state? If so, how do they differ from agency adoptions? In what ways does the state try
Can one adult adopt another adult in your state? If so, can one homosexual adult adopt another?
To answer questions a–f, check your state code and court opinions.a. In your state, who is eligible to adopt children? Who is not eligible?b. What standards exist to guide a judge’s decision in
a. Contact a private agency in your state involved in adoption placement. Ask the agency what criteria it uses in recommending an adoption. Also, ask the agency to send you any available literature
a. What court or courts in your state have the power to hear adoption cases?b. In what county or section of your state must the adoption proceeding be initiated?Does your answer depend upon the
a. What must a petition for adoption contain in your state? Must it name the natural parents?b. Draft an adoption petition. Assume that you are seeking to adopt the oneyear-old baby of a woman who
a. In your state, who must receive notice of an adoption proceeding?b. When can substituted service of process (e.g., by mail, publication) be used in your state for persons who must receive notice
A couple in a neighboring state seeks to adopt a child in your state. The couple is not related to the child and has never seen the child. Assuming that a court in your state is prepared to approve
a. Give the citation to the statute that contains the formalities necessary for consent to adoption in your state.b. Who must give consent?c. Is it necessary to obtain the consent of a natural parent
In Assignment 15.7, part (b), you drafted an adoption petition based primarily on facts that you invented yourself. Using those facts, draft a consent form (to be signed by the mother) that complies
When, if ever, can consent to adoption be revoked in your state?
a. When is the consent of a natural parent not necessary in your state for the ASSIGNMENT 15.13 adoption of his or her child?b. Is there a proceeding to terminate the parental rights in your state
Mary is the mother of two children. She is convicted of murdering her husband, their father. What facts do you think need to be investigated in order to determine whether Mary’s parental rights
a. What is the role of child welfare agencies in your state after an adoption petition has been filed?b. Once an agency files a report in your state containing the results of its investigation and
a. Is there an interlocutory period in your state that must pass before the adoption can become final? If so, how long is it?b. After the trial court in your state issues a final adoption decree, to
a. Someone obviously made a major blunder in this case. From infancy, Baby Richard lived with one set of adults. Years later he is forced to live with other adults. Who does Justice Heiple say is to
Under what circumstances will an unmarried man be given notice of an adoption proceeding for his child in your state?
a. What rights and obligations are assumed by adoptive parents and children in your state?b. In the example immediately above involving Kevin, Paul, and Bill, could Kevin inherit from Bill in your
Under what circumstances, if any, can an adopted child gain access to adoption records in your state? What kind of information can be obtained? Is it possible to find out whether the mother was
To what extent, if at all, does your state recognize equitable adoption or adoption by estoppel?
Contact a paralegal, an attorney, or a legal secretary in your state who has worked on adoption cases in the past. Obtain answers to the following questions.1.How many adoption cases have you worked
George’s will leaves his girlfriend fifteen tubes of his frozen sperm, stating that he hopes his girlfriend will have his child. After his death, an older child from a previous marriage objects to
Do you agree with the federal government’s decision not to fund research on embryos that are created solely for medical science? Should there be limitations imposed on private funding of such
a. Should surrogacy contracts be banned? If not, what kind of regulation is needed? Do you favor the regulation in Alternative A of the Uniform Status of Children of Assisted Conception Act? Why?b.
a. Isn’t it true that the child in the Johnson case has three biological parents, two of whom are mothers? Why couldn’t there be a three-parent solution to this case?b. Do you think a gestational
a. Which court is correct? The Johnson court or the Belsito court? Why?b. Mary and Beverly are a lesbian couple. Each wants to give birth to and to raise a child together. Mary becomes pregnant and
To answer the following questions, you may have to check both the state code and the opinions of courts sitting in your state.a. Under what circumstances, if any, can one spouse bring a tort action
A husband in your state intentionally kills his wife and son. Can the estate of the wife bring a tort action against him for wrongful death? Can the estate of the son bring a tort action for wrongful
a. A father shows his minor son pornography and sexually abuses him. Can the son bring a tort action against the father?b. Dave knows that he has contagious genital herpes, but does not tell Alice,
If you were the judge, how would you have decided Hakkila v. Hakkila? In the second to last paragraph of the opinion, the court suggests that the husband was a victim. Do you think he was?
A pregnant woman in your state has a genetic disease that could lead to the birth of a deformed child. Her doctor negligently fails to diagnose this disease and inform the woman. The child is born
a. Describe the loss of consortium action that can be brought in your state by a person whose spouse has been negligently injured.b. Can a child sue a third party for loss of parental consortium in
a. Can any of the above five causes of actions be brought in your state? Check your state code and opinions written by courts in your state. If you find older cases that have permitted any of these

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