Do you agree with the enactment of BAPCPA? Why or why not? Has it helped or hindered the bankruptcy process? Provide support for your answers
What will be an ideal response?
Subjective response designed to measure students' grasp of material. Students should cite specific examples such as means testing, more intensified role of bankruptcy attorney, pre and post-petition credit counseling, to support their answers.
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What is an in terrorem clause?
What will be an ideal response?
Denise and Roger are still a few months away from their divorce trial. Roger had been ordered to pay pendente lite child support, but since then one of their daughters, Allison, has reached the age of majority. Which of the following might be an appropriate course for Roger to take?
A. There's nothing he can do. He must wait for the final hearing. B. He can file a motion for modification. C. He can file an ex parte restraining order, preventing Denise from receiving further payments. D. He can ask for a preliminary hearing to determine the permanent child support order immediately.
Billing more than one client for the same billable time is called
A. value billing. B. billable hours. C. fee splitting. D. double billing.
MATCHING.
COLUMN 1 1. Self-incrimination 2. Bail 3. Consent once removed 4. Exigent circumstances 5. Stop and frisk 6. Evanescent evidence 7. Exclusionary rule 8. Right to Remain Silent 9. Rebuttable presumption 10. Confession COLUMN 2 a. Evidence that will change or evaporate in a manner that will destroy its evidentiary value. b. An exception to the warrant to search requirement which says that consent to enter given to an undercover police officer or informant transfers to others in the police force who may then enter without a warrant. c. The act of admitting guilt to a crime. d. The ‘fruit of the poisonous tree’ doctrine that prohibits the admission of evidence obtained illegally at a defendant’s criminal trial. e. Situations that require urgent action, sufficient to excuse delay to get a warrant. f. The act of giving testimony against one’s penal interest. g. The right not to testify against their own interests when accused of a crime. h. Police officers may briefly stop, identify, and frisk persons reasonably believed to have committed a crime during the course of an investigation. i. Money or other guarantee posted to assure a defendant who is released form custody pending trial or appeal will appear when called or forfeit the security posted. j. A presumption that can be overcome by presenting evidence to the contrary