What is testamentary capacity and how does it affect a will’s validity?
What will be an ideal response?
Testamentary capacity is the legal ability to create a will and has two factors, legal age and sound mind. If a person does not have testamentary capacity at the time of execution, the will is not valid. (See question 3 about the four components of sound mind for the complete answer to this question. My purpose of asking essentially the same question in two ways is to force the student to think critically and not just regurgitate the text. Clients may have the same issues but ask the questions and describe them in different ways. The student learns to see the larger picture when questions are asked in different ways.)
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If the judge permits it, and the witness is nearby, he or she may be put ________ instead of waiting outside the courtroom for hours or days.
A) On call B) On hold C) Under subpoena D) In custody
Amending the Constitution is an extremely difficult thing to do
Indicate whether the statement is true or false
What percentage of people in the U.S. currently live in a community property state?
What will be an ideal response?
Officer Bob knocked on your door late on Saturday night, told you they are investigating a kidnapping, and asked if he may come in to talk and "look around." You hesitated a moment but when Officer Bob stated that he hates to use the warrant because it will seem like you are being uncooperative and judges hate defendants who do not cooperate, you agreed to let him enter. While he was talking to you, Officer Bob casually opened the desk in your living room and found a two-ounce bag of marijuana. Officer Bob seized the drugs and arrested you for possession. The search and seizure described will withstand judicial scrutiny under the consent exception to the warrant requirement.
Answer the following statement true (T) or false (F)