Essay Number One

For many years Zelda was involved with Franko 'the hitman' Ginelli of the largest syndicated crime family in the San Francisco Bay Area of California. Although Zelda sometimes overheard little things about Franko's business interests she had no idea what Franko 's business was until recently. Last weekend she overheard him discussing the "hit" of Rocko Balducchi while they were visiting his Uncle Vinny.

Terrified, Zelda had Franko come over to her home and told him she was ending their relationship. She never told him she knew what he did. Incensed, Franko slapped her around and gave Zelda a black eye. He left her home saying "it was not over".

Zelda went to H.E.L.P., an agency aiding battered individuals. They assisted her obtain a restraining order against Franko prohibiting him from contacting her, going near her home or work, or from carrying a gun. The restraining order papers never disclosed what Zelda knew to be Franko's occupation.

Meanwhile, the cops had been closing in on Franko. Getting wind of this, and fearful they might ask Zelda to testify, Franko snuck into Zelda's home in the middle of the night, tied her up at gun point, threw her in his white Bronco, and drove to Reno, Nevada with her. In Reno, he pulled into the "24 Hour Chapel" and told Zelda that he cut out Rocko's heart, and showed her a picture of a dead woman whose limbs had all been severed, if she did not marry him, he would do the same to her.

Scared witless, Zelda married Franko. He then drove them to the nearest hotel, checked into a room and raped her.

The next morning Franko left the room with Zelda handcuffed to the bed. She managed to open them with a bobby pin, but unfortunately Franko spotted her as she tried to flee the room and brought her back. He then cut her hair off, raped her and said she would be dead by nightfall. Certain she would soon be dead, Zelda took Frankos's gun from his holster while he was napping and shot him. Hotel employees hearing the shot called the police. Franko was rushed to the hospital and survived.

The Nevada police have charged Zelda with attempted murder. Franko claims it was an accident. They have also held Franko for extradition to California on a warrant for the murder of Rocko Balducchi. They will allow the Ca. authorities to have temporary custody of Zelda because she is a material witness against Franko.

While incarcerated in Ca. Zelda speaks with a counselor from H.E.L.P. explaining what occurred. Encouraged by her counselor, Zelda speaks to the District Attorney. Believing her, the District Attorney also brings charges against Franko for his actions against Zelda. Once so charged, Franko mailed Zelda a letter which she received in jail which said "I'm going to get ya just like the others".

I. Should the Nevada District Attorney's charge of attempted murder against Zelda succeed ? Presume that Nevada law on self defense is the same as Ca. and that Zelda raises all claims in her defense.

II. What charges could the California District Attorney's office bring against Franko for his actions against Zelda? What are some of the possible penalties?

III. Franko's attorney has also made a motion to (i) stop Zelda from testifying about what happened based on the marital privilege, (ii) discover all of Zelda's counseling records from H.E.L.P., (iii) stop admission of any prior acts of violence by Franko, and (iv) have Zelda undergo a psychiatric exam to determine if she is lying about what supposedly happened. What arguments should the prosecutor bring in response to the 4 part motion by Franko's attorney?

IV. The California state prosecutor has sent a copy of the file to the federal prosecutor's office. Did Franko commit any federal crimes against Zelda under the Violence Against Women Act? If yes, what were they and why.

Essay Number Two

Several years ago, Henry, 32, a U.S. citizen, was on vacation in England to attend his cousin Bartholomew's wedding. While at the reception he met Wilma, 18. Wilma, the eldest of 12 children, had attended an all girls preparatory school during the day and then went home to household chores and assisting her siblings.

Smitten with Henry, and seeking a way out from family obligation, she accepted Henry's offer of marriage after a two week whirlwind courtship.

Wilma returned to California with Henry and got married by a justice of the peace. She moved into Henry's home and began taking care of the household and cooking. Wilma quickly noticed that Henry drank a great deal of alcohol. Every day he started his day with a scotch and had several more through out the day. He became abusive, calling her names, and throwing things at her whenever his meals or the house were not to his liking. Every day Wilma became more and more frightened.

Having lived with Henry for nearly four months, Wilma approached him after dinner regarding the possibility of her continuing her education or getting a job. He became furious. Calling her a 'whore' and an 'ingrate', he threw the remaining half a bottle of scotch at Wilma, and hit her in the head. Wilma blacked out. She awoke the next day on the floor with a lump on her head, numerous bruises, a black eye and her ribs hurt.

Apologetic, Henry took Wilma to Doctor Who, an old friend and drinking buddy. He explained that Wilma had fallen down the stairs. Henry asked Who to not write up the incident and no record was made in her chart or elsewhere. After taping Wilma's ribs, Who sent the couple on their way.

Henry became very attentive, swearing nothing like this would happen again. Wilma remained and soon learned that she was pregnant. The news seemed to pacify Henry but he still called her names and told her she was worthless.

Several months later Wilma gave birth to their daughter Daisy. As soon as she was born, Henry began threatening to take Daisy away yelling "she'd never see her daughter again". He also said he'd file for divorce and he would get Wilma deported as she was not a citizen nor been married to him for the two years needed to attain legal immigration status. Fearful, and with little money, Wilma stayed, despite the fact that Henry still hit her.

Finally, on December 2nd, Henry came home from work after an evening with 'the boys'. He was drunk and demanding dinner. Moving quickly, and frightened, Wilma placed his steaming supper on the table. Unfortunately, it was not quick enough for Henry. He took the bowl of very hot stew and threw it at Wilma. The stew sloshed out and landed on Wilma's face , neck and arms scalding and burning her badly. The crockery flew and hit little Daisy in the head leaving a scar on her forehead.

The neighbor's heard the commotion and contacted the police.

I. What possible civil causes of action and civil remedies would arise for Wilma against Henry and what could be the results for Wilma in the year 1900, 1950 and the present?

II. What possible civil causes of action and civil remedies would arise for Daisy against Henry and what could be the result for Daisy in the year 1900, 1950 and the resent ?