7. Be sure to write your exam and social security number on your blue books. Turn in all questions, scratch paper and blue books after the conclusion of the exam.
Essay Number One
Ten years ago, Harold met Wilma and was smitten. Harold courted Wilma by lavishing expensive gifts on her and catering to her wishes. The couple were married 6 months after they met and reside in California.
Wilma was proud of her husband when they married. Harold had a successful clothing business and she did not need to work outside the home. Wilma also got to hob nob with all the other "important and successful" people in town. All was well, and the couple soon celebrated the birth of their son Steven, and their daughter Dottie.Harold's business started to have financial problems about four years ago. Expensive dinners and gifts were no longer available. Wilma began yelling at Harold, "how worthless he was" and that "a real man" could provide these things for his family. She was worried she could not keep up appearances for her snooty friends.
The verbal abuse got worse over the next year as Harold had to tighten the household budget further. Wilma ranted and raved in front of the children. When Harold informed Wilma that they would have to let the cook go, Wilma took the frying pan and hit Harold over the head with it. He blacked out. When he came to his hair was matted with blood and his forehead was bleeding.
Apologetic, Wilma took Harold to Dr. Stud. He was part of Wilma's upper crust social circle and a man with whom she had had a brief affair last year, unbeknownst to Harold. Wilma explained that Harold had "fallen down the stairs". Wilma asked Dr. Stud not to write up the incident, and so no record was made. After stitching Harold's head, Dr. Stud sent the couple on their way.
Following this episode, Wilma became more attentive, swearing nothing like this would happen again. To make things "easier", Wilma decided to take over the business and all the couples' finances. Harold took over caring for the children and the household chores.
Wilma soon started calling Harold names again and telling him he was worthless. If dinner was not on the table when she came home from the business, she would now slap him or throw things at him. This would lead to loud yelling causing the neighbors to call the police. Officers came out to the couple's home on numerous occasions. The last time they heard Wilma scream that she was going to kill Harold for the life insurance money.
On December 2nd, Wilma came home from an early "meeting" with Dr. Stud. She was tipsy and demanding dinner with the children. Harold placed a steaming bowl of soup and a plate of meat loaf on the table in front of her. The meal was not up to Wilma's "standards" and so she yelled "I will not eat this garbage" and took the bowl of hot soup and threw it at Harold. It missed him, but the soup sloshed out and landed on Dottie's face, and arms scalding and burning her badly. Steven yelled "stop" and tried to grab his mother in order to restrain her. Wilma evaded him, screamed "your just like your father" and punched him in the left eye. Wilma then faced Harold, calmly said "I want that insurance money", and stabbed Harold with a butcher knife in the heart. The neighbor's heard the commotion and contacted the police who arrived 2 hours later. Harold survived the stabbing.
I. What action could Harold have taken against Wilma under common law? What possible civil causes of action and civil remedies would arise for Harold against Wilma and what could be the results . to the years 1900, 1960 and the present?IV. In the year 1999, could Harold or his family successfully sue and hold the police officers liable for what occurred on December 2nd? Explain.
V. Harold is seeking a divorce and asking for full custody of the children. He is also asking that Wilma not have any rights of visitation. Explain what would be the result at common law and in CA in 1999 and why?
Essays Number Two
Vicky had been dating Sam Spade for 2 months when she learned that his ex-wife left him because he hit her. Sam did seem a bit odd so Vicky ended the relationship about a month ago.
Sam is now in charge of a fund-raiser designed to collect money for cancer research. He contacted Vicky about the fund-raiser, and because it was for a good cause, she agreed to participate. Sam then began calling Vicky every day at work and at home most evenings. She told him not to telephone her unless it related to the fund-raiser. He then started showing up at her home. One evening she returned from a date to find Sam leaning against her apartment door. He told her that bad things would happen to her and anyone she dates because "you belong to me". Scared, Vicky began calling 911 on her cell phone. Sam grabbed the phone. In the process of snatching the phone he threw Vicky on the floor, and broke her arm. Sam fled before the police arrived. The officers at the scene issued an EPO. Vicky went to the hospital and told the officers and doctors who helped her what had happened, and that "Sam Spade did it".
The next day Vicky went to FIGHT BACK, an agency aiding battered individuals. They helped her obtain a restraining order against Sam prohibiting him from contacting her, or going near her home or work. She also spoke to a counselor from FIGHT BACK about what had happened.Meanwhile, the District Attorney's office decided to press charges against Sam. A warrant was issued and he was arrested. As soon as he was released, a Friday, Sam went to Vicky's home and waited for her to return from work. As she began unlocking her front door, Sam shoved her in and slammed it shut. He proceeded to tie her up, and then raped her. For the next 2 days Sam held Vicky hostage in her apartment. He sexually assaulted her and kept telling her that there was no one to protect her and that he would kill her if she testified against him. Scared witless, Vicky agreed that she would not testify and would ask the DA to drop the charges.
After Sam left, Vicky called the DA's office and told them what had just happened. She was taken to the hospital and also told the doctors what had occurred. The DA brought new charges against Sam and a warrant was issued. Sam was again arrested and taken into custody. Vicky also spoke to a counselor from FIGHT BACK about what had happened.
Sam was then released on bail. He began telephoning Vicky at home and at work warning her not to testify. Sam appeared in her apartment one evening and let her know that there was no one to protect her. He left, but said he would be back to kill her if she did not drop the charges.
Terrified, she called the DA's office and told them that "she made it all up" and would not testify. Vicky also bought a gun in preparation of Sam's next visit. When he rang her door bell she let him in. After he sat on her sofa he said "Vicky, Vicky, Vicky, the charges are not dropped". Sam moved to put his feet up on her coffee table, and Vicky shot him in the head. Neighbors hearing the shot called the police. Sam was rushed to the hospital and survived. He had no weapon on his person.
II. How should the prosecutor deal with Vicky's denial of what happened?
III. In chronological order, what charges could the District Attorney's office bring against Sam for his actions against Vicky? What are some of the possible penalties?IV. Sam's attorney has also made a motion to (i) discover all of Vicky's counseling records from FIGHT BACK, (ii) stop admission of any prior acts of violence by Sam, (iii) have Vicky undergo a psychiatric exam to determine if she is lying about what supposedly happened, and (iv) stop testimony by Vicky's doctors's and the officer's as to what she said occurred because it is hearsay. What arguments should the prosecutor bring in response to the 4 part motion by Sam's attorney?