Legal Bibliography
Digests & Reporters 2d

Briefly answer and cite authority in proper form:

(1)     Richard Driver was arrested for DUI by the Springdale police. After Driver blew a .18 on the breathalyzer he asked the officer to take him to Lexington Hospital for a blood test. The officer refused. Can the town now submit the breathalyzer results in court?

(2)     We have been contacted by the parents of a teenager who delivered a baby two weeks ago and placed it for adoption. She signed the consent and relinquishment form the day after the child was born, but while she was still in the hospital. Now she wants her baby back. Can she retract her consent and regain custody of her child?

(3)     How can highway patrolmen who are not lawyers prosecute cases in magistrate and municipal court without violating the unauthorized practice of law statute?

(4)     Client's husband has left her to live with his lover, another man. She wants to know if she can get a divorce on the ground of adultery?

(5)     Nigel and Lucinda Tufnel are accused of stealing a cable TV signal. The Tufnels were apprehended after they reported a "peeping tom" who turned out to be a neighbor. The guilty neighbor retaliated by reporting that the Tufnels, too, were watching something they were not supposed to be watching...ESPN. The state alleges the Tufnels illegally tapped into the cable to capture the programming. The Tufnels claim they were set up by their angry neighbor. At trial, can we bring up the neighbor's "peeping tom" conviction to undermine her credibility?

 

(6)     The Tufnels split up after he was convicted and she was acquitted of stealing the television signal. The Family Court ordered Nigel to pay $1200 a month temporary alimony pending a final divorce hearing. Nigel has discovered that Lucinda is living with a boyfriend, and he wants a refund. Is he entitled to it?

 

(7)     Is simple possession of marijuana a crime of moral turpitude?

 

(8) Jim Spoone got drunk at an open bar at a party sponsored by his employer. On the way home he drove off the road, hit a tree and was seriously injured. He filed for worker's compensation, claiming that his injury was a work-related accident. His employer refuses to pay workers on the ground that Spoone was drunk and therefore responsible for his own injury. Is this the law, even when the employer supplied the booze?

 

(9) Steve Savage is charged with two counts of murder for killing his pregnant wife. Is a fetus a person for the purposes of criminal homicide in South Carolina?

 

(10) Once convicted of perjury, can a person ever testify again in Court?