LAW 456 EXAM

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Jan 9, 2024

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LAW 456 EXAM Question 1 (1.16 points) Saved Listen Thelma and Larry were married in Arizona in 2015 and are both employed at Raytheon. Larry owed a large debt at the time of the marriage to a local hospital because of a car accident that occurred six months before the wedding. Which of the following is most accurate regarding Larry’s debt and the property available to the hospital? Question 1 options: Because the medical debt is a premarital separate debt, only the value of Larry’s contributions to the community property that would have been his separate property if single is available to satisfy the debt owed to the hospital. Because the medical debt is a separate debt, the hospital cannot reach any of the couple’s community property. Because the medical debt is a premarital separate debt, all of the couple’s community property is available to satisfy the debt owed to the hospital. Because the medical debt is a separate debt, only Larry’s and Thelma’s separate property is available to satisfy the debt owed to the hospital. Question 2 (1.16 points) Saved Listen On the facts of Question 1, assume that during the marriage Thelma inherited $50,000 from her grandmother. Thelma deposited the money in a savings account in her name, the same account into which she deposited her earnings from time to time. Thelma regularly withdrew various sums from the account to pay for household items and the couple’s entertainment. At divorce, a balance of $40,000 remained in the account. Thelma argues that the full amount is her separate property. What should Larry argue? Question 2 options:

That the inheritance came to Thelma during marriage and therefore is community property. That Larry has less wealth than Thelma and the court can therefore declare Thelma’s separate property to be community property in order to meet Larry’s needs. That Thelma intermingled her inheritance with her earnings, thereby transmuting her separate property into community property. Both (b) and (c). Question 3 (1.16 points) Saved Listen On the facts of Question #1, assume that during the marriage Larry had a chronic gambling problem. Despite Thelma’s protestations, Larry spent many evenings at the local casino and lost upwards of $100,000 of his earnings playing poker. Which of the following best describes Thelma’s options at divorce? Question 3 options: Since Larry did not incur a criminal conviction as a result of his gambling, Thelma is only entitled to her presumptively equal share of community property and all of her separate property. Since Larry’s conduct was not truly outrageous, Thelma is only entitled to her presumptively equal share of community property and all of her separate property. Since Thelma can show that Larry wasted community assets through his gambling, she is probably entitled to more than an equal share of the existing community property. Since marital misconduct is not relevant at divorce, Thelma is only entitled to her presumptively equal share of community property and all of her separate property. Question 4 (1.16 points) Saved Listen Suzy, a 6-year-old girl in Arizona, was severely injured when her mother took her to an amusement park and let her go down a water slide by herself. Suzy’s rehabilitation will be very expensive. Which of the following is most accurate regarding Suzy’s chances of recovering a tort judgment for negligence against her mother? Question 4 options: Suzy will not be able to recover a tort judgment against her mother because children are not competent to

bring a legal action. Suzy will not be able to recover a tort judgment against her mother because of parent-child immunity. Suzy will be able to recover a tort judgment against her mother only if she establishes that her mother was grossly negligent. Suzy will be able to recover a tort judgment against her mother if she establishes that her mother did not act as a reasonably prudent parent. Question 5 (1.16 points) Saved Listen Mike and Maude, Arizona residents, are divorcing after a ten-year marriage. They have one minor child, a daughter named Leah. After a failed mediation, the family court ordered that Mike and Maude would share parenting time, with Maude serving as the primary residential parent. In determining Mike’s share of the total child support obligation, which of the following best describes the approach underlying Arizona’s child support guidelines? Question 5 options: Mike will owe the portion of the total child support obligation that reflects his proportionate share of the parties’ combined gross incomes. Mike will owe 100% of the total child support obligation, since he is the higher earner. Mike will owe ½ of the total child support obligation, since each parent is equally responsible for child support. Mike will owe will owe 100% of the total child support obligation, since Leah is the primary residential parent. Question 6 (1.16 points) Saved Listen On the facts of Question #5, if Mike is awarded four months of visitation per year with Leah, what will be the effect on his child support obligation? Question 6 options: Mike’s child support obligation will not be affected. Mike’s child support obligation will be eliminated. Mike’s child support obligation will be decreased.

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Mike’s child support obligation will be increased. Question 7 (1.16 points) Saved Listen On the facts of Question #5, assume that time passed and Leah turned 18 and was ready to graduate from high school. Since she had done quite well academically, she was accepted into several Ivy League schools. Unfortunately, she was not offered a scholarship. When Leah approached her parents about paying the $50,000 annual tuition, Maude told her she would pay what she could but it would be a modest amount. Mike told her that her child support was ending and that she was on her own. Which of the following best describes Leah’s rights? Question 7 options: If Leah attends college full-time, she is entitled to continued support from her parents, including the reasonable costs of college education. If Leah takes out an educational loan, the lender can seek payment on the loan from Leah’s parents since parents are responsible for their adult children’s debts. Since Leah will be out of high school and has already attained the age of 18, she has no right to continued support on these facts. Since Maude is willing to pay a modest amount in college tuition, Mike will be required to supplement Leah’s support with a like amount. Question 8 (1.16 points) Saved Listen Leroy and Rich lived together in Seattle, Washington, for seven years as intimate partners. Rich, an unemployed artist, stayed at home and performed housekeeping functions, and Leroy worked as an architect for a major firm. In the seventh year, Leroy asked Rich to move out of their residence. Rich believes he is entitled to half of the assets that the couple accumulated during the cohabitation and an award of lifetime support. Under the

doctrine recognized in Francisco v. Connell, what are Rich’s chances of success? Question 8 options: Rich is likely to succeed in getting an order of support if he and Leroy lived in a “meretricious relationship” but is unlikely to succeed in getting a share of accumulated assets. Rich is likely to succeed on both claims if he can show that he and Leroy lived in a “meretricious relationship” within the state. Rich is likely to succeed in getting a share of accumulated assets if he and Leroy lived in a “meretricious relationship” but is unlikely to succeed in getting an order of support. Rich is unlikely to succeed on either claim if the court finds that he was in a “meretricious relationship” with Leroy. Question 9 (1.16 points) Saved Listen Wendy and House lived in Colorado during their marriage. Wendy supported the couple by performing as a magician while House pursued a degree in medicine. They remained married for twenty years, during which House established a lucrative medical practice. When House discovered that Wendy had been unfaithful, he filed for divorce. He does not want Wendy to receive any part of the value of his medical license. Wendy seeks an equitable share of the projected value of House’s medical license. What is the Colorado family court likely to do? Question 9 options: The court will probably deny Wendy’s request because she was guilty of marital fault. The court will probably award Wendy alimony instead of the value of House’s medical license because Colorado law does not recognize a right to post-divorce earnings except through alimony. The court will probably deny Wendy’s request because Colorado law recognizes a professional degree as potentially divisible marital property, but only if the marriage ends shortly after the degree is earned. The court will probably grant Wendy’s request, since Colorado law views the value of House’s medical license as marital property subject to equitable distribution. Question 10 (1.16 points) Saved Listen

(d) 10. Lisette and Marc were married in 2000 and divorced in 2014 in Arizona. As part of the divorce decree, Marc was ordered to pay spousal maintenance of $3000 per month to Lisette indefinitely. Three years after the divorce, Lisette moved in with her boyfriend John. Marc has gone to court to move for a termination of spousal maintenance. Which of the following best describes what the court should do? Question 10 options: The court should grant Marc’s motion on the basis of Lisette’s immoral cohabitation. The court should deny Marc’s motion unless the cohabitation has significantly improved Lisette’s financial circumstances. The court should deny Marc’s motion because an indefinite spousal maintenance order is never subject to modification. The court should grant Marc’s motion because Lisette’s relationship with John is tantamount to a common law marriage. Question 11 (1.16 points) Saved Listen On the facts of Question #10, Marc grew tired of his job as dean and decided to resign. He took a job as a staff public defender, earning about one fourth as much income as he had been earning as dean. He has gone to court to move for a reduction in spousal maintenance to $1000 per month. Which of the following best describes what the court should do? Question 11 options: The court should deny Marc’s motion because his reduction in income was voluntary. The court should deny Marc’s motion because an indefinite spousal maintenance order is never subject to modification. The court should grant Marc’s motion because his income has been reduced significantly. The court should grant Marc’s motion because he should not be forever indebted to Lisette, his former wife. Question 12 (1.16 points)

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Saved Listen Olive and Popeye, the parents of one son, obtained a divorce two years ago in Arizona. Olive, a performing artist, and Popeye, a weight trainer, were awarded joint legal decision-making, with Olive designated as the primary residential parent. Recently, Olive received a long- awaited job offer in another state that would enable her to more than double her income. After receiving notice from Olive that she intended to leave with their son, Popeye petitioned the court to prohibit Olive from removing their son from the state. Which of the following best describes the probable legal standard applicable to this dispute? Question 12 options: Because Olive’s planned relocation will affect Popeye’s parenting rights, the burden will probably be on Olive to show that the move is in the child’s best interests. Because Olive has a constitutionally protected right to travel, the court must defer to her decision to relocate. Because Olive is the primary residential parent with constitutionally protected parental authority, the court is likely to defer to her decision to relocate with the child. Because Olive’s planned relocation will affect Popeye’s parenting rights, the court is likely to prohibit Olive from relocating with the child, without regard to the child’s best interests. Question 13 (1.16 points) Saved Listen Naomi is the single mother of 10-year-old Janie. They live in Salt Lake City, Utah. Naomi believes in maintaining strict discipline over her child, and frequently resorts to spanking as a means of punishment. On occasion, teachers have reported to child protection services that Janie had suspicious bruises on her arms. Child protection investigated but did not take action. Recently, Janie disobeyed her mother by playing in a park until after dark. When she arrived at home, Naomi grabbed a golf club and hit her child in the head. Janie suffered a severe head

injury. Will Naomi likely be found to have committed child abuse? Question 13 options: Naomi will probably be found to have committed child abuse because she hit her child with an object. Naomi will probably not be found to have committed child abuse because a parent has a right to discipline a child. Naomi will probably be found to have committed child abuse because Janie suffered physical harm as a result of Naomi’s intentional act. Naomie will probably not be found to have committed child abuse because she did not intend to harm Janie. Question 14 (1.16 points) Saved Listen On the facts of Question #13, Janie, through her appointed attorney, is suing the Utah child protection agency for failing to protect her and therefore depriving her of liberty under the Due Process Clause of the 14th Amendment. Which of the following best describes Janie’s chances of success? Question 14 options: Janie will probably succeed because the child protection agency had notice of her situation and failed to intervene. Janie will probably fail because the child protection agency has no authority to intervene in a parent’s right to discipline a child. Janie will probably succeed because her injuries were severe and Naomi exceeded the scope of reasonable parental discipline. Janie will probably fail because she was in the custody of her mother and the state’s inaction did not cause the injury. Question 15 (1.16 points) Saved Listen Betty is the maternal grandmother of Ben. Betty cared for Ben for two years after Ben’s mother (and Betty’s own daughter) died from a drug overdose. Ben is now 10 years old and has been in the care of his father Lawrence for the

past eight years. Ben is doing well at home and in school. Lawrence recently came come out as gay and married his longtime partner. After Betty voiced disapproval of the marriage, Lawrence told her that she can only see Ben once a month. Betty has gone to court to compel Lawrence to grant her more frequent visitation rights. Which of the following best describes Betty’s chances of success? Question 15 options: Betty is likely to fail because Lawrence as a fit parent has a constitutionally protected authority over his son’s custody and care. Betty is likely to succeed if Ben expresses a desire to see her more often. Betty is likely to fail because Lawrence has a constitutional right to marry his male partner. Betty is likely to succeed because her continued contact with Ben is in the child’s best interests.

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LAW 456 EXAM

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