Business Law: Project 2

1.  For each of the following questions, assume the decedent died without a will and all the decedent's debts have been paid, as have all the expenses of his last sickness, funeral, and the settlement of his estate.  Base your answers on the following statutes:

Ch. 190, §1 Spouse's share of property not disposed of by will

A surviving husband or wife shall be entitled to the following share in the spouse's real and personal property not disposed of by will:

(1) If the deceased leaves kindred and no issue, and the whole estate does not exceed two hundred thousand dollars in value, the surviving husband or wife shall take the whole thereof; otherwise such survivor shall take two hundred thousand dollars and one half of the remaining personal and one-half of the remaining real property.

(2) If the deceased leaves issue, the survivor shall take one-half of the personal and one half of the real property.

(3) If the deceased leaves no issue and no kindred, the survivor shall take the whole.

Ch. 190, § 2 Distribution of personal property

The personal property of the deceased shall be distributed in the proportions hereinafter prescribed for the descent of real property.

Ch. 190, § 3 Descent of real property

When a person dies seized of real property, it shall descend, subject to the rights of the husband or wife of the deceased, as follows:

(1) In equal shares to his children and to the issue of any deceased child by right of representation; and if there is no surviving child of the intestate then to all his other lineal descendants.  If all such descendants are in the same degree of kindred to the intestate, they shall share the estate equally; otherwise, they shall take according to the right of representation.

(2) If he leaves no issue, in equal shares to his father and mother.

(3) If he leaves no issue and no mother, to his father.

(4) If he leaves no issue and no father, to his mother.

(5) If he leaves no issue and no father or mother, to his brothers and sisters and to the issue of any deceased brother or sister by right of representation; and if there is no surviving brother or sister of the intestate, to all the issue of his deceased brothers and sisters.  If all such issue are in the same degree of kindred to the intestate, they shall share the estate equally; otherwise, according to the right of representation.

(6) If an intestate leaves no kindred and no widow or husband, his estate shall escheat to the commonwealth.

Questions:  (Answer each question as if it were the total estate.  So, Juan leaves $500,000, is not linked to or related to the previous question or the next question.)

1.  Juan died, leaving a wife, Carmen, whom he adored, and a brother, James, whom he hated and had not seen for the past thirty years.  For each of the following determine how much of Juan's estate Carmen will inherit and how much James will inherit.

(1)   Juan leaves $180,000.

(2)   Juan leaves $500,000.

(3)    Juan leaves $500,000.  Assume James had predeceased Juan but has a living child, James, Jr., whom Juan has never met.

 b.  William died with an estate of $500,000.  He left a wife, June, but no issue and no kindred.  How much will June inherit?

 c.  Mary died with an estate of $500,000.  She left a husband, John, and two living children, Rachel and Albert.  How will the estate be divided among her husband and children?

d.  Roberto died with an estate of $500,000.  He left a wife, Maria, and a living child, Bill, who has a child, Jill.  His other child, Sam, predeceased him.  Sam has two living children, Tracy and Tim.  How will the estate be divided among his wife, Maria; his child, Bill; his grandchild Jill; and his grandchildren Tracy and Tim?

e.  Samantha died with an estate of $500,000.  She left no husband and no children.  They had all predeceased her.  However, she did leave five grandchildren.  Two of the grandchildren, Amy and Albert, are the children of her deceased son, Robert.  The other three grandchildren, Bonnie, Brad, and Bennett are the children of her deceased daughter, Emily.  How will the estate be divided among the five grandchildren?

Source: Include any sources you used to help you find your answers.

Answers: Answer each part of the question with the name of the person who will inherit as well as the amount they will receive.  Include with your answer the reference to the part of the statute used to support your answer.

2.  Here is a Massachusetts statute:  Whoever steals . . . and with intent to steal . . . the property of another . . . s­hall be guilty of larceny . . . .^{[1] [1]} Mass. Gen. Laws ch. 266, § 30.  Carefully apply the statute to the situations below.  Remember that this is a criminal statute!

 a.        Assume your client got into a car, knowing that it is not his, “hot wired” it, and then drove off in it.  Is he guilty of violating the statute?  Why?

b.         Assume your client approached a car that he intended to steal, but he was scared away by a passerby.  Is he guilty of violating the statute?  Why?

c.         Assume your client got into a car, thinking he was getting into his friend's car, “hot wired” it, but only meant to borrow it.  Is he guilty of violating the statute?  Why?

Answer:

Source:  Include resources you used to better understand how this criminal statute would be applied.

3.  For each of these situations determine whether you think the matter should be heard in state or federal court. Also, decide whether you think a court would apply state or federal law.  Each answer will include two parts:  (1) state or federal law and (2) case would be tried in state or federal court.  In some instances it might be possible for multiple laws or multiple courts.

a.   A wife wants to divorce her husband.

b.   Martha, a Massachusetts resident, wants to sue Susan, a Massachusetts resident, for $80,000 based on breach of contract.

c.   Sam, a Massachusetts resident, wants to sue Jill, a Vermont resident, for $80,000 based on breach of contract.

d.   A teacher in a public school wants to challenge a state law requiring all teachers to start each day of class with a minute of silent prayer.

Answer:

Source:  Include any sources you used to help you find your answers.

4. Assume Carl Clay has been charged with burglary.  Briefly the facts are as follows:

Last Friday Carl was watching As the Word Turns, his favorite soap opera, when suddenly the TV screen went blank.  Nothing he could do would cause it to work.  Unfortunately Carl did not have enough money to buy a new set.  He decided to help himself to someone else's.

He drove to the nearby Sleep Well Motel because he knew that they had recently purchased new 19" TVs.  When he got to the motel around 5:00 p.m., he waited in his car until he saw a lady leave her room, ice bucket in hand.  She had left the door to her room slightly ajar.  Carl quickly ran to the door, opened it, and saw the TV.   He went

over to the TV, unplugged it, and picked it up. He was about to leave when the woman unexpectedly returned. Knowing karate, she felled him on the spot and then called the office manager, who, in turn, called the police.  The TV, which was purchased for $600 and had a resale price of approximately $400, was returned to its rightful place in the room.

Carl has been charged with violating the following statutes:

General Laws, ch. 228, § 1

Burglary is defined as the breaking and entering of a dwelling at nighttime with the intent to commit a felony therein.

General Laws, ch. 228, § 2

Theft of personal property over the value of $500 is a felony.  Theft of personal property of a value less than $500 is a misdemeanor.

a.  Develop a chart listing the elements of each statute.

b.  For each element, determine whether the facts raise an issue.

c.  For each issue, list arguments that both Carl's attorney and the prosecution would raise.  Reach a conclusion on each issue.

d.  Do you think Carl can be convicted of burglary?

Answer:

Source: Include any sources you used to help you find your answers.