Husband and Wife jointly retained Attorney Smith to draft an…
Questions
Husbаnd аnd Wife jоintly retаined Attоrney Smith tо draft an estate plan. Both had children and significant assets from prior relationships. At the final joint meeting Smith asked Husband and Wife if they had any additional assets or accounts that had not been disclosed. Wife said “no, that is everything I know about.” Husband said “no” verbally but looked at Smith and nodded his head in the affirmative. Smith took handwritten notes reflecting her impressions and concerns regarding potential tax exposure. Two years later, Husband died. Wife now sues Husband’s estate, alleging fraud and concealment of marital assets. Wife testifies regarding her statement during the joint meeting. Wife seeks Attorney Smith’s testimony regarding Husband’s statements made during the joint estate-planning meeting. Wife also seeks Smith’s handwritten notes reflecting her mental impressions and legal conclusions. Wife also subpoenas Husband’s ex-wife and intends to ask her questions about Husband’s conversations with her, while the ex-wife and Husband were still married, regarding how he set up their finances to hide money from tax liabilities. Husband’s estate objects to both witnesses on privilege grounds. Discuss all evidentiary issues raised by the following: Wife’s statement in the joint meeting. Discuss. Attorney Smith’s testimony regarding Husband’s statements. Discuss. Attorney Smith’s handwritten notes. Discuss. Husband’s ex-wife’s testimony. Discuss. Answer according to the Federal Rules of Evidence.
__________ is leаrning tо teаch in аn actual classrооm.
Instructiоns: READ ALL OF THESE INSTRUCTIONS CLOSELY BEFORE BEGINNING THIS EXAM: FORMAT OF THIS EXAM: This exаm cоvers mаteriаl frоm Unit 1 of lab This exam will NOT allow backtracking (going back to a previous question) Each question will appear ONE AT A TIME After the stated time limit, the test WILL AUTOMATICALLY SUBMIT, whether you are finished or not. So be aware of the time as you progress through this exam. This exam has 70 questions. It is a combination of question types. READ EACH EXAM QUESTION THOROUHLY BEFORE ANSWERING! ATTEMPTS: You only get ONE! This exam MUST be completed in ONE SITTING (you may NOT save and return to the exam at a later time). TIME LIMIT & EXPECTATIONS: You will have 95 minutes to complete this exam You will need to use Respondus LockDown Browser & Monitor to take this exam This is a closed book, closed note, closed phone, closed family/friend/classmate, closed AI (artificial intelligence) test. NO other resources should be used at any time during this exam. NO communication at all should occur between you or anyone else during the course of this exam NO additional electronic devices should be utilized for the completion of this exam. These include items such as, but not limited to, iwatches, any other type of smart watch, air pods/headphones or any other smart peripheral NO help from Siri, Google Assistant, Cortana or any other variation of search assistants or artificial intelligence is allowed NO cheating of ANY kind will be tolerated. Any cheating that is discovered will be dealt with as per the syllabus. I am trusting you to be honest and adhere to the honor code as stated below during this exam. San Jacinto College students should exhibit honesty, integrity and high standards in their academic work. HONOR CODE: Students must be completely honest in all phases of their work. Cheating includes, but is not limited to, the following: Dishonesty of any kind on any examination, assignment or program requirements Unauthorized possession of examinations, electronic devices, unapproved notes or sources at any time, whether used or not Copying or obtaining information from another student during an examination or performance of a lab skill or competency Members of the college community benefit from an open and honest educational environment. Upholding academic integrity is the responsibility of everyone. Refer to the Student Handbook Section: Policy on Cheating, Plagiarism, Collusion and Fabrication (https://www.sanjac.edu/procedure-v5001ba-cheating-plagiarism-collusion-and-fabrication) for more information. As stated in this course's syllabus: cheating pg 1 RESPONDUS LOCKDOWN BROWSER & MONITOR: Respondus IS required in order to take this exam A photo ID IS required for verification of the fact that it is YOU taking this exam DO NOT CHEAT, DO NOT TRY TO CHEAT AND DO NOT GIVE ME A REASON TO REVIEW YOUR RESPONDUS RECORDING. I will be reviewing and pursuing all suspicious recordings. Remember, this is what I will be looking for: respondus.jpg TIPS TO REMEMBER WHILE TAKING THIS EXAM: Take this exam at a table, sitting in a chair. NOT on a computer that is sitting in your lap. Look straight forward into the webcam/screen while testing. Try to avoid looking down or to the sides excessively Make sure the webcam is at eye level, not above or below eye level Have the area around you completely clear of other technologies/notes/books Show your desktop or table top when recording the environment check video You need to be in a quiet place ALONE, other people being in the room will flag your attempt & cause me to review/question it BEFORE YOU BEGIN THIS EXAM: Make sure that you have a strong internet connection on a laptop or computer, do NOT take this exam on your phone! Make sure your cache and cookies have been cleared out of your browser before beginning the testing process Make sure that you have downloaded the Respondus Lockdown Browser AND Monitor Please make sure that pop-up blockers have been turned off during the time you are taking this exam Make sure you are, if possible, hardwired into the internet. WiFi is NOT recommended while taking this exam By taking this exam and submitting your answers, you are acknowledging your compliance to the academic honesty policy at San Jacinto College. If you are caught, OR EVEN SUSPECTED, of anything less than a 100% honest effort, please expect nothing less than the full negative consequences of your actions in accordance with the syllabus for this course. The syllabus for this course states, in the event of cheating, the following will be enacted/followed: cheating pg 2 Any violation of the Academic Honesty Code will absolutely NOT be tolerated. You have a total of 95 minutes to complete this exam. Each question will show up one by one, no backtracking is allowed and each exam is different due to randomized questions being chosen. Once you begin this exam, you must finish it! There is no saving and coming back later. Be sure that you are in a place that has ABSOLUTELY NO distractions or other people. If someone around you clicks "Submit" before you are ready, you will NOT be allowed to retake this exam. By clicking "Begin" below, I agree to conform to the honesty code of the college. I understand that if I fail to follow the rules, I will be subjected to disciplinary sanctions/actions, which can lead to suspension or expulsion from the college.