Legal Bibliography
Computer-Assisted Research Assignment 1
Briefly answer and cite
authority in proper form:
1. Is a worker's compensation award for temporary total disability separate property or marital property to which the other spouse might have a claim in a South Carolina divorce action?
2. What topic is covered by 15 U.S.C. §1901.
3. Is a handwritten statement given to an investigating officer by a driver at the scene of an accident a confidential "accident report" and therefore inadmissible in a South Carolina court?
4. Under South Carolina law, can a fraternity be held responsible for the death of a pledge who died from alcohol poisoning by drinking too much liquor during "hell night?"
5. What percentage of property is a surviving widow or widower entitled to claim against spouse's estate under the S.C. Probate Code even if left nothing by will?
6. What duty, if any, does a bartender owe an obviously intoxicated patron who wants to continue drinking?
7. What about a person hosting a party in her own home - does she have the same duty as a bartender in the question above? Cite South Carolina authority.
8. Can the Dept. Of Corrections require visitors to disclose their Social Security numbers as a condition to visiting an inmate? Cite a S.C. Attorney Gen'l's opinion on the subject.
9. Find a 7th Circuit federal case where a prospective telemarketer with 18 missing teeth sued for wrongful discharge under the ADA when fired because he mumbled on the telephone.
10. Is a prior guilty plea to an accommodation sale admissible in South Carolina to impeach a defendant's credibility?
11. Can a church or other religious organization be held liable for negligent hiring, retention or supervision of a clergy member who engages in sexual misconduct with a member of his congregation? Find an ALR annotation of the subject.
12. The arresting officer in a DUI case allowed the suspect to call her lawyer; however he refused to leave the room during her telephone conversation with the attorney because the officer was required to observe the suspect for 15 minutes prior to administering a breathalyzer test. Does his continued presence violate her constitutional right to consult privately with her attorney.
13. Can a transgendered wife (born male, but who has undergone a surgical and chemical sex reassignment procedure) bring a wrongful death suit against at-fault driver of truck who hit and killed her husband. The couple was ceremonially married. Do states recognize marriages by transgendered individuals to persons of their original gender? What's the law in Texas? New Jersey? South Carolina?
14. Can a father be required to pay post-majority child support for a child who is handicapped? Find South Carolina case law on this issue.
15. How does the "lost volume seller doctrine" apply to damages in a breach of contract case?