CACHO, Kimberly J.

JD 1 Legal English
FINAL EXAMS

I.
1. To control how his art collection could be displayed after his death, the doctor created a very
restrictive trust to keeping everything exactly as it was during his lifetime.
2. About the enormous charitable gift deduction claimed by the taxpayer, since she failed to submit
an appraiser’s report concerning the donated bronze sculpture, we propose to disallow the
deduction under the Revenue Department’s standard operating procedure.
3. The relief sought by the plaintiff concerning this case is the nature of a mandatory injunction;
before the merger of law and equity, such relief could be granted only by courts of justice.
4. Then, no legal remedy is available due to the fact that the statute of limitations has prescribed.
5. On the basis of the affidavits filed by plaintiff and defendants about the motions for summary
judgment, we have reached the conclusion that there are contested issues of fact, and by that
conclusion, no summary judgment can be issued at this particular time.
6. From the point of view of judicial economy, our submission to the court is that it should
consolidate all nine of the civil actions, both to discover at the present time, and at the later time,
to trial.

II.
1. Blanchard is required by the new state stature to register as sex offender because he had been
convicted of a felony thirty-five years earlier for forcing a minor to orally copulate him.
2. Blanchard was convicted of a felony-threatening serious bodily harm to a police officer for
brandishing a stick at an armored police vehicle during an anti-abortion demonstration after he was
released twelve years from prison for that first offense. He served 18 months in state prison and
was released in 1987 for that offense.
3. Only July 15th, Blanchard registered to the new sex offender registration statute which took effect
on June 30th last year which he is required to register within 30 days.
4. Blanchard’s birthday is July 17th and the registration statute requires every registered person to
“update” the registration within five days following his or her birthday but neither his address, nor
telephone number, employment or any of his registration data changed and significant happened
between July 15th and July 30th.
5. Blanchard was arrested by Police lieutenant Lacy, one of the officers who was sitting in the
armored police vehicle when he brandished the stick many years earlier, on July 30 th for failing to
“update” his sex offender registration between July 17 th and July 22nd making him an independent
felony.

III.

It cannot be gainsaid that, one of the primary obligations owed by an agent to his or her
principal is to act with the degree of carefulness, competence and diligent devotion to duty that are
normally exercised or employed by agents of ordinary skill and prudence in similar circumstances.
 In a situation where an agent is in question, who possessed special skills and knowledge, is a
factor need to be taken into account in reaching a determination whether he did or did not act in
accordance with the legal standard of due care and diligence.
Moreover, it is the duty of an agent to undertake a course of action only within the metes and
bounds of the actual authority granted by the principal to the agent, and to act in compliance with
all instructions that are within the bounds of the law and are received from either the principal
himself or persons designated by him as respects actions taken by the agent for or on behalf of the
principal.