Assume for the purposes of this DQ that the couple resides in a community property state. How would the assets be divided and why
A couple is going through the divorce process. Amongst other assets, they must divide the following:
An automobile purchased during marriage
$78,000 that was willed from an Uncle to the wife during marriage
A $28,000 retirement fund that the husband accumulated during the marriage
A vacation home purchased during marriage but located in a neighboring state
Assume for the purposes of this DQ that the couple resides in a community property state. How would the assets be divided and why?
What is an annulment? When might parties to a marriage seek an annulment? What are the benefits of an annulment?
How is a will created? Under what circumstances can a will be challenged?
John Smith wrote a will dividing his assets amongst family and friends. Consider what would happen to the assets in the following situations:
John bequeathed the family automobiles, vacation home and primary bank account in his wife’s name, Jane. Seven years prior to John’s death, John divorced Jane. The will was not altered to reflect the change in marital status.
John bequeathed a speed boat in his friend’s name, William. William predeceases John by two years. The will was not altered to reflect William’s death.
John bequeathed a prized stamp collection in his friend’s name, Travis. However, prior to John’s death, John sold the entire stamp collection to a museum. The will was not altered to reflect the change in ownership.
After the will was made but prior to John’s death, John adopted a daughter, Daisy. John did not alter the will to reflect Daisy.
Given the factors outlined above, what would happen to the assets of John’s estate? What are the technical terms involved and would the outcomes change based on the jurisdiction?
What is the discovery process? Why is this process important to the disposition of cases?
At trial, the attorney for the plaintiff, Mr. Smith, believes that opposing counsel has not presented a material issue to contravene (contradict) Mr. Smith’s client.
What motion might Mr. Smith make to the judge? Explain what that motion is in detail, and explain when counsel may raise such a motion. What other motions are similar? How are they utilized? Why does the court entertain such motions?
What type of damage remedies are available to persons under contract law? When might an injured party seek those damages?
Big Widget Company contracts with Widget Incorporated for the delivery of 5,000 green widgets and 5,000 blue widgets in the exchange for $250,000. At the time of delivery, Big Widget discovers that Widget Incorporated delivered 2,500 blue widgets, 2,500 orange widgets, and 5,000 green widgets.
Describe the types of remedies that are available and the reasons why one or more remedies may be the best option for the plaintiff.
Answer preview to assume for the purposes of this DQ that the couple resides in a community property state. How would the assets be divided and why
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