ASSIGNMENT:Draft a Revocable Living Trust for Thurston for your supervising attorney's review.Make sure that the draft meets all of Thurston's objectives and desires. At the bottom of your draft Will note any additional information needed from Thurston and any legal issues that have not been addressed in your draft.
WILL AND TRUST DRAFTING HYPOTHETICAL<b style='mso-bidi-font-weight:normal'>
Thurston A. Howell III of Rancho Palos Verdes, California, makes a telephone call to your law office.He requests an appointment with the law firm's paralegal to arrange for the preparation and execution of his Last Will and Testament.As chief paralegal for the law firm, you schedule an interview for him on Wednesday at 4:00 p.m.
At the interview, Thurston tells you that he is quite wealthy and wishes to leave his bounty equally to his four children, all of whom are over the age of 18.Mr. Howell's wife predeceased him in 1993.The children's names are Thurston A. Howell, Jr., born December 31, 1954, Timothy J. Howell, born May 15, 1956,Linda E. Howell, born April 18, 1957 and Scarlet S. Howell, born November 11, 1960.Mr. Howell also has one illegitimate son named Larry D. Lovechild who was born October 2, 1985.Thurston wishes to disinherit Larry except for a cash gift of $5,000 payable at his death.He asks you to draft a no contest clause in his Will to accomplish this objective.
Thurston wishes to name his oldest son, Thurston Jr., as Personal Representative under the Will.If Thurston Jr. does not survive him, he wishes to name the Megabank, N.A. as alternate Personal Representative.He also wishes to name Roxanne M. Petlock, of Long Beach, California, as Guardian of young Larry Lovechild.
Thurston A. Howell III also tells you that he wishes to name several of his long time friends as beneficiaries of particular items of property.He tells you that he wishes to leave his 1997 Wildcat Speedboat to Gilligan A. Smith, his Yacht, "E-Z Livin" (a 100 foot sailboat) to Mr. Skipper T. Jones, his 1997 IBM Supercomputer nicknamed "Royal Blue" to Professor I.M. Nherd, all of his shares of stock in The Thurston Howell Movie Studios Inc., located in Long Beach California and his deceased wife's pearl necklace to Ms. Ginger Grant, and his 10,000 acre farm in Atchison Kansas to Ms. Mary Ann Whitebread.
Thurston also tells you that if his favorite basset hound, Belvedere, survives him, he wishes to leave him in the care of his nurse, Roxanne M. Petlock.Thurston also wishes to leave her $50,000 to provide for Belvedere's caretaking needs.
Please,you need to finish it with the signature, witnesses and notary section
1
Marks: 1
According to the American Medical Association, what represents the most rapidly growing violent crime in America?
Choose one answer.
a. robbery
b. sexual assault
c. battery
d. homicide
Question 2
Marks: 1
Which of the following is not considered a popular "rape" drug?
Choose one answer.
a. Depakote
b. Ketamine
c. GHB
d. Roh ...
ASSIGNMENTDraft a Revocable Living Trust for Thurston for your su.docx
1. ASSIGNMENT:Draft a Revocable Living Trust for Thurston for
your supervising attorney's review.Make sure that the draft
meets all of Thurston's objectives and desires. At the bottom of
your draft Will note any additional information needed from
Thurston and any legal issues that have not been addressed in
your draft.
WILL AND TRUST DRAFTING HYPOTHETICAL<b
style='mso-bidi-font-weight:normal'>
Thurston A. Howell III of Rancho Palos Verdes, California,
makes a telephone call to your law office.He requests an
appointment with the law firm's paralegal to arrange for the
preparation and execution of his Last Will and Testament.As
chief paralegal for the law firm, you schedule an interview for
him on Wednesday at 4:00 p.m.
At the interview, Thurston tells you that he is quite wealthy and
wishes to leave his bounty equally to his four children, all of
whom are over the age of 18.Mr. Howell's wife predeceased him
in 1993.The children's names are Thurston A. Howell, Jr., born
December 31, 1954, Timothy J. Howell, born May 15,
1956,Linda E. Howell, born April 18, 1957 and Scarlet S.
Howell, born November 11, 1960.Mr. Howell also has one
illegitimate son named Larry D. Lovechild who was born
October 2, 1985.Thurston wishes to disinherit Larry except for a
cash gift of $5,000 payable at his death.He asks you to draft a
no contest clause in his Will to accomplish this objective.
Thurston wishes to name his oldest son, Thurston Jr., as
Personal Representative under the Will.If Thurston Jr. does not
survive him, he wishes to name the Megabank, N.A. as alternate
Personal Representative.He also wishes to name Roxanne M.
Petlock, of Long Beach, California, as Guardian of young Larry
Lovechild.
Thurston A. Howell III also tells you that he wishes to name
several of his long time friends as beneficiaries of particular
2. items of property.He tells you that he wishes to leave his 1997
Wildcat Speedboat to Gilligan A. Smith, his Yacht, "E-Z Livin"
(a 100 foot sailboat) to Mr. Skipper T. Jones, his 1997 IBM
Supercomputer nicknamed "Royal Blue" to Professor I.M.
Nherd, all of his shares of stock in The Thurston Howell Movie
Studios Inc., located in Long Beach California and his deceased
wife's pearl necklace to Ms. Ginger Grant, and his 10,000 acre
farm in Atchison Kansas to Ms. Mary Ann Whitebread.
Thurston also tells you that if his favorite basset hound,
Belvedere, survives him, he wishes to leave him in the care of
his nurse, Roxanne M. Petlock.Thurston also wishes to leave her
$50,000 to provide for Belvedere's caretaking needs.
Please,you need to finish it with the signature, witnesses and
notary section
1
Marks: 1
According to the American Medical Association, what
represents the most rapidly growing violent crime in America?
Choose one answer.
a. robbery
b. sexual assault
c. battery
d. homicide
Question 2
Marks: 1
Which of the following is not considered a popular "rape" drug?
3. Choose one answer.
a. Depakote
b. Ketamine
c. GHB
d. Rohypnol
Question 3
Marks: 1
According to the National Coalition Against Domestic Violence,
an act of battering occurs every:
Choose one answer.
a. 5 minutes
b. 3 minutes
c. 15 seconds
d. 1 second
Question 4
Marks: 1
What state was first to enact anti-stalking legislation?
Choose one answer.
a. New York
4. b. Texas
c. California
d. Rhode Island
Question 5
Marks: 1
The difference between the a robbery and a burglary is
determined by:
Choose one answer.
a. the amount of money taken
b. whether money or property was taken
c. whether a person was confronted during the act
d. none of the above
Question 6
Marks: 1
According to the lesson material, which of the following is not
considered a suicide behavioral distress signal?
Choose one answer.
a. Changes in eating habits, including over-eating, anorexia, and
bulimia.
5. b. Hopelessness and lack of interest in appearance, hobbies,
dating, school and work.
c. Chronic migraines.
d. Impulsive or aggressive tendencies.
Question 7
Marks: 1
Parents or caregivers who encourage or permit their children to
use drugs or alcohol are engaging in what type of neglectful
behavior?
Choose one answer.
a. Emotional neglect
b. Physical neglect
c. Neglectful supervision
d. Educational neglect
Question 8
Marks: 1
From a clinical perspective, the most important factor in
understanding sexual abuse is:
Choose one answer.
a. Determining the relationship between the perpetrator and the
child.
6. b. Determining the existence of a power differential between the
perpetrator and the child.
c. Whether or not the encounter had a traumatic impact on the
child.
d. Whether or not the sexual act occurred in a group sex
situation.
Question 9
Marks: 1
What is the difference between battery and assault?
Choose one answer.
a. Battery is the application of physical force or violence
against another person; assault is the intent and attempt to apply
physical force or violence.
b. Battery is the intent and attempt to apply physical force or
violence; assault is the application of physical force of violence
against another.
c. Assault is the taking by means of violence or intimidation
property that is in possession of another; battery is the
nighttime breaking into and entering of a dwelling of another to
commit a felony.
d. Battery is the act of taking property without the use of force
or threat of personal injury; assault is the intent and attempt to
7. apply physical force or violence.
Question 10
Marks: 1
Children under the age of nine often view death as:
Choose one answer.
a. something that is final
b. a force that "takes" someone away
c. something that is not final
d. both b and c above.
11
Marks: 1
Which of the following statements about suicide is true?
Choose one answer.
a. People who talk about killing themselves rarely commit
suicide.
b. Suicidal people rarely seek medical attention.
c. Suicidal people are often ambivalent about death.
d. When a depression lifts, there is no longer any danger of
suicide.
8. Question 12
Marks: 1
The Cycle of Violence in domestic abuse relationships has three
stages. In which stage does the batterer's rage spiral out of
control?
Choose one answer.
a. honeymoon stage
b. acute-battering stage
c. tension-mounting stage
d. hearts and flowers stage
Question 13
Marks: 1
Which of the following statements about rape is false?
Choose one answer.
a. There is a high rate of false reporting.
b. The primary motives for acts of rape are aggression,
dominance, and anger.
c. There is no "typical" rape victim.
d. The majority of rape victims are women.
Question 14
9. Marks: 1
What are the three stages in the Rape Trauma Syndrome?
Choose one answer.
a. acute stage, trauma stage, restitution stage
b. depressive stage, adaptation stage, acceptance stage
c. anger stage, adjustment stage, acceptance stage
d. acute stage, adjustment stage, resolution stage
Question 15
Marks: 1
Which of the following statements about domestic violence is
true?
Choose one answer.
a. Assertive women are beaten more often than submissive
women.
b. Drinking is the cause of domestic violence.
c. If a criminal history is not found on a perpetrator, than it can
be assumed that they have never abused a loved one before.
d. Most batterers and their victims love each other.
Question 16
Marks: 1
10. In what year was the federal Child Abuse Prevention and
Treatment Act enacted?
Choose one answer.
a. 1950
b. 2000
c. 1974
d. 1985
Question 17
Marks: 1
According to statistics from the Centers for Disease Control and
Prevention, in the U.S., a person dies by suicide every:
Choose one answer.
a. five minutes
b. eighteen minutes
c. 1 hour
d. 10 hours
Question 18
Marks: 1
Which of the following is in the correct order (from least
violent to most violent) according to the continuum of physical
11. violence as discussed in the domestic violence section?
Choose one answer.
a. use of knives/guns, hitting/kicking, slapping/biting,
irreparable injury
b. pinching/squeezing, throwing victim, shoving/shaking,
slapping/biting
c. pinching/squeezing, hitting/kicking, lacerations/broken
bones, use of knives/guns
d. throwing victim, homicide, use of knives/guns,
slapping/pinching
19
Marks: 1
Rapists can be readily identified by their physical appearance,
actions, or words.
Answer:
True False
Question 20
Marks: 1
In early American common law, attempted suicide was
considered a crime and was usually punished as a misdemeanor.
Answer:
True False
Question 21
Marks: 1
Women are more vulnerable to stranger rape than they are to
acquaintance rape.
Answer:
True False
12. Question 22
Marks: 1
Battering only occurs in heterosexual relationships.
Answer:
True False
Question 23
Marks: 1
Boys who have witnessed the abuse of their mothers are more
likely to abuse their female partners as adults.
Answer:
True False
Question 24
Marks: 1
Victims usually need a lawyer to obtain a restraining order.
Answer:
True False
Question 25
Marks: 1
Elderly white men have the lowest suicide rate in our country.
Answer:
True False
Question 26
Marks: 1
In a grieving situation, it is more important to talk to and give
answers to a child than it is to listen to what the child is saying.
Answer:
True False
Question 27
Marks: 1
Twice as many females as males attempt suicide.
Answer:
True False
Question 28
Marks: 1
Statistics show that robbery is more often perpetrated by non-
strangers than strangers.
13. Answer:
True False
Question 29
Marks: 1
Manslaughter is the unlawful killing of a human being with
malice aforethought.
Answer:
True False
Question 30
Marks: 1
Racial bias is the motivator for more than half of hate crimes
reported in 1999.
Answer:
True False
Vocabulary - Using the vocabulary words on the drop down list,
pick the word which best corresponds to the definition. Each
answer should be used only once. (2 points each, 20 points
total)
Non-intentional vehicular homicide or negligent homicide.
a)involuntary manslaughter
b)First degree murder
c)voluntary manslaughter
d)Manslaughter
e)Malice aforethought
d)Mens rea
f)Reckless homicide
g)Capital murder
h)Homicide
The killing of one person by another. Based on the mens rea of
the act, it is classified as either "murder" or "manslaughter".
a)involuntary manslaughter
b)First degree murder
c)voluntary manslaughter
d)Manslaughter
14. e)Malice aforethought
d)Mens rea
f)Reckless homicide
g)Capital murder
h)Homicide
First degree murder that includes certain aggravating factors,
such as previous convictions, special cruelty, and vulnerability
of the victim.
a)involuntary manslaughter
b)First degree murder
c)voluntary manslaughter
d)Manslaughter
e)Malice aforethought
d)Mens rea
f)Reckless homicide
g)Capital murder
h)Homicide
The state of mind to be criminally liable; a purposeful,
knowing, reckless, and/or negligent state of mind.
a)involuntary manslaughter
b)First degree murder
c)voluntary manslaughter
d)Manslaughter
e)Malice aforethought
d)Mens rea
f)Reckless homicide
g)Capital murder
h)Homicide
Unlawful killing without malice aforethought.
a)involuntary manslaughter
b)First degree murder
c)voluntary manslaughter
15. d)Manslaughter
e)Malice aforethought
d)Mens rea
f)Reckless homicide
g)Capital murder
h)Homicide
Unintentional killing during the commission of a misdemeanor,
also includes reckless or grossly negligent conduct that causes
death.
a)involuntary manslaughter
b)First degree murder
c)voluntary manslaughter
d)Manslaughter
e)Malice aforethought
d)Mens rea
f)Reckless homicide
g)Capital murder
h)Homicide
Killings committed based on adequate provocation; killings
committed in the heat of passion; and killings where self-
defense cannot be used as a complete justification.
a)involuntary manslaughter
b)First degree murder
c)voluntary manslaughter
d)Manslaughter
e)Malice aforethought
d)Mens rea
f)Reckless homicide
g)Capital murder
h)Homicide
An intent to kill or injure, or the deliberate commission of a
dangerous or deadly act in disregard of the lives or safety of
others.
16. a)involuntary manslaughter
b)First degree murder
c)voluntary manslaughter
d)Manslaughter
e)Malice aforethought
d)Mens rea
f)Reckless homicide
g)Capital murder
h)Homicide
Killings that are purposeful, deliberate, and premeditated. May
also include cruel or heinous killings and unintentional killings
committed during the commission of a vicious felony, such as
burglary, arson, or rape.
a)involuntary manslaughter
b)First degree murder
c)voluntary manslaughter
d)Manslaughter
e)Malice aforethought
d)Mens rea
f)Reckless homicide
g)Capital murder
h)Homicide
Intended but not premeditated killings perpetrated with
"depraved heart" or wanton recklessness.
a)involuntary manslaughter
b)First degree murder
c)voluntary manslaughter
d)Manslaughter
e)Malice aforethought
d)Mens rea
f)Reckless homicide
g)Capital murder
h)Homicide
17. 32
Marks: 5
List five reasons a woman may choose to stay with an abusive
partner:
Answer:
Question 33
Marks: 5
List five guidelines victim advocates should know in order to
perform a successful death notification.
Answer:
Question 34
Marks: 5
Briefly define "Megan's Law." Be sure to explain the
background behind the creation of the law.
Answer:
Question 35
Marks: 5
Name three common characteristics of a victim of domestic
violence and three common characteristics of a perpetrator of
domestic violence.
Answer:
Question 36
Marks: 5
Why are the statistics regarding child abuse fatalities
potentially misleading?
Answer:
37
Marks: 5
What is involved in a "sexual assault examination"? Why is it
often an uncomfortable or even unbearable experience for the
victim?
18. Answer:
Question 38
Marks: 5
List some common reactions to the murder of a loved one
displayed by parent survivors. Additionally, list common
reactions displayed by spouse survivors and sibling survivors.
Answer:
Question 39
Marks: 5
Victim advocates often suggest that women in abusive
relationships develop a "safety plan." Explain the elements of a
safety plan.
Answer:
Question 40
Marks: 5
List at least two possible bias indicators that can be used to
determine whether or not a crime is a hate crime.
Answer:
Question 41
Marks: 5
Why are victim advocates necessary?
Answer: