MORNING SESSION
QUESTION NUMBER 1
An
Ocean Municipal Ordinance on vending provides in relevant part:
(a) All licensed vendors
shall be appropriately attired. The
wearing of thong bikini bathing
suits that expose the buttocks to
public view is absolutely
prohibited.
(b) Violation of this ordinance is a misdemeanor
that may be punished by a fine not exceeding five hundred dollars ($500) and/or
a definite term of imprisonment not exceeding sixty (60) days.
Debbie Defendant is a licensed vendor who sells hot
dogs from a roadside stand in Ocean,
Debbie is also known to law enforcement as one of
One day Officer Linda approaches Debbie, identifies
herself and requests permission to search the hot dog stand. Debbie refuses.
Officer then notices a small cylindrical bulge in the front of Debbie's bathing
suit and orders her to "assume the position." During the pat down,
Officer detects what feels like a hand‑rolled cigarette in the front of
Debbie's bikini. Instead of seizing the object, however, Officer discontinues
the pat down, and states: "You're under arrest for violating the City
Ordinance against thong bikini bathing suits. " Officer than reaches into Debbie's bikini bottom and pulls out a
marijuana cigarette.
Officer Issues Debbie a citation for misdemeanor
possession of marijuana and misdemeanor violation of the bikini ordinance and
walks away.
You are the law clerk for the circuit court judge
assigned to hear the case. The judge asks you to prepare a Memorandum of Law on
the following
(1) Whether the marijuana cigarette seized by the
police is admissible in ' evidence;
(2) Whether the Ocean Municipal Ordinance violates
any provision of the Florida Constitution.
QUESTION
NUMBER 2
Mother conveyed Property to Son with the understanding
that she could live on Property with Son until she died so long as she paid the
annual real estate tax. Son's recorded deed did not reflect that understanding.
Son decided to sell
Property. Son showed Property to Buyer, who learned that Son lived with Mother
(who was away). Buyer liked Property.
Buyer offered in
writing to pay Son immediately five percent of the purchase price and to
complete payment in two weeks in return for title to Property. The writing
provided that Son's sole remedy for Buyer's breach would be retention of the
earnest money payment: The writing did not mention Buyer's remedies.
Son signed the
writing and cashed Buyer's earnest money check. To expedite matters, Son also
signed a deed conveying Property to Buyer on the condition that Buyer not record the deed until Son received complete payment. Buyer
did not sign the writing, nor did anyone (other than Buyer) witness Son's
signing of the writing and deed.
Mother does not want
Son to sell Property. Discuss the Interests of Mother and Son in Property. Is
the sales contract enforceable? What are Mother's remedies? What are Buyer's
remedies?
QUESTION NUMBER 3
Sam, a
Wife executed a
valid antenuptial agreement waiving all claims to
Sam's estate.
Sam's validly executed will devised
his estate to Tom in trust for the twins, Cathy and Clay. The trust provides
that the trustee pay to the twins all income and as much of the principal as
the trustee, in his sole discretion, deems necessary for the health, welfare,
and education of the twins until they reach 35 years of age, at which time the
trust terminates and the remaining assets, if any, be distributed to the twins
in equal shares. The testamentary trust contained a spendthrift clause. Tom was
also named personal representative under the will.
Sam's estate
consisted of his homestead valued at $100,000 and $10,000 cash.
Tom liquidated the
assets of the estate and distributed the proceeds to the trust. After taking
possession as trustee, lie invested all the proceeds in a local construction
company. The investment was very successful and Tom supported the twins from
the trust while they obtained their college educations, paid $20,000 for a life
saving liver transplant for Clay after Clay was in an automobile accident while
still in college, and made down payments on the twins' homes after they
graduated.
The twins are now 31
years old and both own successful businesses. In celebration of Cathy's real
estate business closing $2,000,000 in sales in one year, Tom purchased an
automobile for her with $20,000 of the trust assets. Cathy assigned her
interest in the trust to the local zoo as a charitable donation. Cathy, Clay,
and the zoo would like to terminate the trust. The remaining principal balance
of the trust is $34,000.
Discuss all issues
concerning liquidating the estate.
Discuss the funding
of the trust, addressing the issue of the wife's claim and those of the
hospital, as well as general provisions of the trust.
Assuming the trust
was funded, discuss the administration and possible
termination of the trust.