Exam 2 Take-home research exam 2023
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Feb 20, 2024
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LEGAL BIBLIOGRAPHY (LEG 132)
Take-home Research Exam
Distributed March 13, 2023
Due by 11:59pm on April 6, 2023
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ASSIGNMENTS 1)
TOPICS AND KEY NUMBERS ON WESTLAW IN TOOLS>WEST KEY NUMBER SYSTEM: Find the topic and key number (or key number range) for the following subjects in the format __topic number
__ k __key number
__ (for example Nature and Purpose of Adoption would be 17 k 102 because it is found under the topic 17 Adoption and the key number for Nature and Purpose of Adoption is 102):
a)
Athletic Scholarships – 141E k 1235
b)
Divorce on grounds of insanity – 134 k 43
c)
Violation of postal laws involving obstructing passage of mail 306 k 28
d)
Taking of property by government for private use 148 k 60
e)
Value of property as element of offense of embezzlement 146 k 7
f)
Subornation of perjury 297 k 13
g)
Enjoining unauthorized person from acting as pilot 300 k 6
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Take-home research exam 2023
h)
Injuries to domestic animals caused by fences 171 k 25
i)
Health and medical care in prisons during pretrial detention 310 k 361
j)
Hostile possession as element of adverse possession 20 k 67
2)
Find a 1992 case in which the South Carolina Supreme Court held that a county ordinance prohibiting loading or unloading of any cargo or passengers for hire or compensation on county boat landings did not interfere with a tour boat operator's right to freely use state navigable waters and, therefore, did not violate a constitutional provision (S.C. Const. art. XIV, § 4) mandating that all navigable waters shall remain public highways free to state and United States citizens.
a)
Case name with S.C. Reports cite:
Captain Sandy’s Tours, Inc. v., Georgetown County Bldg. Official
b)
Topic and key number assigned to your issue in the headnotes of the case: 83 k 82.30
3)
Find the 1975 S.C. case in which the South Carolina Supreme Court held that a widow’s administratrix was properly substituted as a party plaintiff in an action to recover dower where the widow died approximately one week prior to the entry of an order finding her renunciation of dower was void because of insufficient mental capacity and giving her leave to apply either to the probate court or the circuit court for admeasurement.
a)
Case name with S.C. Reports cite:
Wallace v. District No. Marine Engineers Benev. Ass’n AFL-CIO
b)
Topic and key number assigned to your issue in the headnotes of the case: Page | 2
Take-home research exam 2023
231H k 188
4)
Find a 1986 case in which the South Carolina Supreme Court held that a waterway that was used by the general public for boating, hunting, and fishing was navigable and, therefore, Coastal Council lacked authority to authorize the complete blockage of the waterway where there was no overriding public interest.
a)
Case name with S.C. Reports cite:
Trawler Diane Marie, Inc. v. Brown
b)
Topic and key number assigned to your issue in the headnotes of the case: 176 k 12
5)
Find the 1995 S.C. case in which the South Carolina Court of Appeals held that a terminated
school administrator was not entitled to have her job reinstated based solely on her contract with the school board; board had statutory duty to remove administrators when necessary to protect well-being of children or to remove influences disruptive to educational process. a)
Case name with S.C. Reports cite:
Coutu v. Martin County Bd. Of County Com’rs
b)
Topic and key number assigned to your issue in the headnotes of the case:
104 k 67
6)
Find the 1976 case in which the South Carolina Supreme Court held that the basic intent of the provision of a lease agreement entered into by a regional health services district, the Page | 3
Take-home research exam 2023
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owner of certain land conveyed to it by a city as a site for a proposed hospital and the proposed recipient of county funds for the construction thereof, for the lease of the entire tract, with improvements to be erected thereon, to a private, nonprofit corporation that was to operate a new hospital and contribute the bulk of construction costs thereof, which permitted the nonprofit corporation to operate such medical ancillary facilities as might be desirable for a full-service regional hospital and referral center and to carry out medical research and education, was to permit training of nurses and interns, a universally accepted function of 300-bed hospital; those educational functions were positive factors in treating sick, and such functions would not convert facility into a private educational institution, so as to fall within the constitutional prohibition of S.C. Const. art. XI, § 4 against expending any public funds for direct benefit of any religious or other private educational institution.
a)
Case name with S.C. Reports cite:
Mid-America Regional Council v. Mathews
b)
Topic and key number assigned to your issue in the headnotes of the case: 170B k 2286
7)
Find a 2001 case in which the South Carolina Court of Appeals held that a material change in circumstances warranted the modification of a husband's alimony obligation when the wife received large inheritances from her mother and aunt's estates and the husband's income
had decreased after the divorce.
a)
Case name with S.C. Reports cite:
In re Jeter
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Take-home research exam 2023
b)
Topic and key number assigned to your issue in the headnotes of the case: 51 k 2558
8)
Find the 1998 South Carolina case in which the South Carolina Supreme Court held that a viable but unborn fetus was both “person” and “child” as used in statutory aggravating circumstances that provide for death penalty eligibility where two or more persons were murdered by defendant by one act or pursuant to one scheme or course of conduct, or where murder victim was child 11 years of age or under.. a)
Case name with S.C. Reports cite:
Coe v. County of Cook
b)
Topic and key number assigned to your issue in the headnotes of the case:
203 k 503
9)
Find the 1993 S.C. case in which the South Carolina Supreme Court held that the testimony of victims' parents about both families' reliance on victims and victims' dreams and aspirations was not unduly prejudicial or inflammatory “victim impact” evidence during the sentencing phase of a capital murder trial; the evidence showed specific harm committed by defendant in the murders of the victims, and portrayed the victims as unique individuals.
a)
Case name with S.C. Reports cite:
U.S. v. Robichhaux
b)
Topic and key number assigned to your issue in the headnotes of the case:
110 k 2151
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Take-home research exam 2023
10)
SOUTH CAROLINA CODE: AAA Trucking wants to open a trucking terminal in South Carolina, but only if they can require their employees to join the International Brotherhood of Teamsters Union. a)
Find the statute(s) that declares it is unlawful for an employer to require an employee, as a condition of employment, to become a member of a labor union: S.C. Code Ann. § 41-7-10
11)
SOUTH CAROLINA CODE: Find the sections of the South Carolina Code that govern divorces and answer the following questions:
a)
What section of the South Carolina Code establishes the five grounds for divorce in South
Carolina? S.C. Code Ann. § 20-3-10
b)
What section of the South Carolina Code lists the 13 factors that a court must consider in making an award of alimony or separate maintenance and support? S.C. Code Ann. § 20-3-130
12)
SOUTH CAROLINA CODE: Frank died and left a will that named his brother, Sam, as personal representative of his estate. Frank’s widow petitions the Probate Court to be named as personal representative instead. a)
Find the statute(s) that name the order of priority of the persons the court could appoint as
personal representative: S.C. Code Ann. § 62-3-203
13)
SOUTH CAROLINA CODE: Mary had her name changed to avoid paying a large hospital bill. She died. Does her executor have to pay the bill? Find a statute on point. Page | 6
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a)
Find the statute(s) that explains the effect of a name change on old obligations to pay a debt: S.C. Code Ann. § 33-44-913
14)
SOUTH CAROLINA CODE: Find the sections of the South Carolina Code that govern South Carolina income taxes and answer the following questions:
a)
What section of the South Carolina Code establishes the corporate income tax rate is five percent? S.C. Code Ann. § 12-6-530
b)
What section of the South Carolina Code establishes a state income tax rate of five percent for exempt organizations and cooperatives? S.C. Code Ann. § 12-8-590
15)
SOUTH CAROLINA CONSTITUTION: Find a copy of the South Carolina Constitution in one of the last volumes of the S.C. Code and answer the following:
a)
What part of the constitution states that the General Assembly shall provide for the formation, organization and regulation of corporations? S.C. Const. art. 9, § 2 b)
What part of the constitution states that the Governor has the power to call out the volunteer and militia forces? S.C. Const. art. 13, § 3
16)
SOUTH CAROLINA CONSTITUTION: Find a copy of the South Carolina Constitution in one of the last volumes of the S.C. Code and answer the following:
a)
What part of the constitution states that General Assembly shall provide for the maintenance and support of a system of free public schools open to all children in the State and shall establish, organize and support such other public institutions of learning, as may be desirable
? S.C. Const. art. XI (11), § 3 Page | 7
Take-home research exam 2023
b)
What part of the constitution states that public funds cannot be used to support private schools? S.C. Const. art. XI (11), § 4
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Take-home research exam 2023
17)
UNITED STATES CONSTITUTION: Find a copy of the United States Constitution in one of the last volumes of either the S.C. Code or the U.S. Code and answer the following:
a)
What part of the United States Constitution provides that no person shall be a U.S. Senator who shall not have attained the age of 30 years? U.S. Const. art. 1, § 3, cl. 3
18)
UNITED STATES CONSTITUTION: What part of the United States Constitution provides that the President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them?
U.S. Const. art. 2, § 1, cl. 7
19)
BLACK’S LAW DICTIONARY: What is the definition of “res judicata” in Black’s Law Dictionary?
Something adjusted. Once a lawsuit is decided the same issue or new issue related to original issue cannot be tried again.
20)
BLACK’S LAW DICTIONARY: What is the definition of “voir dire” in Black’s Law Dictionary? To speak the truth. Besides the preliminary examination, what’s the court may make of
one presented as a witness order, where his calm, potentially, interest, etc. is subjected to.
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