You learn something new every day in a law firm. Shirley Smart has just started her first job with the Thompson and Martin firm. Shirley needs to draft some articles of incorporation for one of her firm’s corporate clients. Shirley did not choose corporate law while studying to be a paralegal and has never prepared articles of incorporation before.
Based on the above information, answer the following questions:
- Should Shirley accept the assignment or not?
- If she does accept it, what obligations does she have? Analyze.
Justify your answers with examples and reasoning.
2. John and Donna have been married eight years and live in New York. They want to get a divorce; they both agree that it is the right thing to do. Donna found out that John was having an affair for almost a year. They no longer love each other or wish to be together. Discuss whether this is a contested or uncontested divorce.
Do you think this information is sufficient to determine the nature of the divorce? What more information might you need? Would your answer change if you knew that they have an eight-year-old son, Matthew? What are the necessary actions for filing and completing an uncontested and contested divorce? In the process of getting the divorce, they negotiated a Property Settlement Agreement. John and Donna have listed their assets and liabilities. The agreement is prepared, and both parties sign the agreement. Donna then learns that John failed to disclose all his assets. Is the Property Settlement Agreement valid? Under what circumstances would the Property Settlement Agreement be valid despite John’s failure to disclose assets?
3. Dawn and Tony had a child together but were never married. They live in Nebraska. Dawn and Tony separate. Dawn files for child support and receives a temporary order for child support of $50 per week. Tony refuses to make child support payments because he feels he does not need to support the child. Can Dawn enforce a temporary order for child support? If so, what procedures should she follow? Discuss your reasoning.
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