Here are three multiple choice questions from a previous year's exam. Questions 1 & 2 cover material we didn’t discuss this year, but they are still instructive. And Question 3 involves computation. If I were writing this question this year, as announced in class, I would give you the numbers for the calculation, but not the end-result.
Mary is 25 weeks pregnant when
she prematurely goes into labor. In the hospital, she and her husband, Frank,
are informed that the combination of extremely low birth-weight (confirmed by
ultrasound to be under 500 grams) and extreme prematurity puts their baby on the
brink of nonviability. The infant is at very high risk of being born with
profound and irreversible impairments and developmental disabilities (including
blindness, deafness, neurological devastation, mental retardation, and partial
or total paralysis). In response to the parents' questions, “neurological
devastation” was explained this way: “Your baby will have normal wake and sleep
cycles, and will be conscious while awake, but she will probably be
nonresponsive to her environment, except for very painful stimuli.” The parents
are also told that it is likely that the infant will be born in respiratory
distress, a treatable condition that will require the child to be placed on a
ventilator and monitored in the Neonatal Intensive Care Unit (“NICU”).
The head of the NICU has suggested to you, the hospital's
general counsel, that the parents be offered the option of a treatment order
limited to “comfort measures only” – that is, nontreatment of their baby's
life-threatening condition, should she be born in respiratory distress. The
hospital is located in a state that receives federal funds under the Child Abuse
Prevention and Treatment Act (“CAPTA”).
Choose the most correct statement:
a. CAPTA's exceptions to “medically indicated treatment” are satisfied and the
child's life-threatening conditions should be treated aggressively.
b. CAPTA's exceptions to “medically indicated treatment” are not satisfied and
the child's life-threatening conditions need not be treated aggressively.
c. Even if the infant receives “comfort measures only,” under CAPTA appropriate
nutrition and hydration may not be withheld.
d. Under CAPTA, “comfort measures only” may include an order to withhold
appropriate artificial nutrition and hydration.
e. More than one of the above statements is correct.
Henry and Wilma
are old friends of Luke Lawyer. Much to Luke's surprise, they have come to his
office to tell him (i) they want to get a divorce and (ii) they want Luke to
represent them both. Luke counsels against dual representation and even tries to
decline representing either one of his friends individually against the other.
They insist that they are still each other's best friend, the divorce is
entirely amicable, there are no property disputes, neither party plans to assert
a claim for spousal support against the other, the children are all grown and
live independently, and there is no reason an old and trusted friend like Luke
can't handle their divorce for them.
Luke agrees to represent both Henry and Wilma after obtaining
their knowing and informed consents on the basis of a full and frank discussion
of the facts and circumstances necessary for them to make this decision. Which
of the following aspects of that representation are probably unethical?
a. In the engagement letter, Luke promises -- in the event Henry and Wilma's
legal interests should diverge -- to help resolve their disagreements in the
most honest manner and after full disclosure of each party's respective
interests.
b. Luke obtains consents from both of his clients (after full and frank
disclosure and consultation) to permit his disclosure of otherwise confidential
information to one another.
c. Luke's fee consists of a $500 retainer plus a 50% “kicker” that will be
multiplied times the difference, if any, between the parties' respective
property awards. His hope is that the “kicker” will provide his friends with an
economic incentive to maintain their amicable relations and to avoid arguing for
an unequal division of property.
d. In the course of the divorce, he and Wilma commence a sexual relationship. He
immediately tells Henry that he can no longer represent him and helps Henry
obtain separate counsel. Luke continues to represent Wilma.
e. More than one of the above.
Herbert and Wanda were married in 1980. At the time of the marriage, Herbert owned his primary residence, which had a fair market value of $200,000. The house was fully paid for at the time; there was no mortgage, nor were there other liens of any kind. In 1990, Herbert and Wanda decided to make some improvements in their home, which by then had a fair market value of $400,000. They added a pool, a deck, and two new bathrooms and completely renovated the kitchen. The price for all of this was $100,000. This amount was paid with $50,000 from their joint savings account (consisting of deposits from their respective earnings during marriage, plus interest) and $50,000 from money inherited by Herbert in 1989.
It is now
December 2001; the house is worth $1 million. Herbert and Wanda are
contemplating divorce. If they decide to divorce, which of the following
statements is true? Your answer should be based upon §§ 3.401 et seq. of the
Texas Family Code.
a. None of the marital estates has a claim for economic contribution.
b. Wanda's separate marital estate has a claim for economic contribution in the
amount of $50,000.
c. The community marital estate has a claim for economic contribution in the
amount of $100,000.
d. The community marital estate has a claim for economic contribution in the
amount of $111,111.
e. The community marital estate has a claim for economic contribution in the
amount of $200,000.