Victor is the nonmarital child of Jim, a veteran of the Iraq war. Victor was born in Iraq and brought to America after Jim’s tour of duty was completed. The whereabouts of Victor’s mother ar
Case Study 1
Victor is the nonmarital child of Jim, a veteran of the Iraq war. Victor was born in Iraq and brought to America after Jim’s tour of duty was completed. The whereabouts of Victor’s mother are unknown. After Victor’s birth, Jim marries Alice and together they have two children, Frank and Francine.
1. Assume that Jim dies leaving a will in which he gives all his property “to my children,” to be divided equally. Does Victor receive a share of Jim’s estate along with Frank and Francine?
2. Assume that Jim dies intestate. Is Victor entitled to an intestate share of Jim’s estate?
3. Assume that Jim dies. Is Victor a U.S. citizen?
4. Assume that Jim dies. Can Victor receive survivors benefits through Jim’s social security?
5. Assume that Jim dies and is buried in a military cemetery run by the U.S. Army. A regulation of the cemetery provides that legitimate children of deceased veterans can also be buried in the cemetery. Nonmarital children cannot be buried in the cemetery. Is this regulation constitutional?
Case Study 2
Olivia and Ronald were married in 2001 in State Y. Between 2002 and 2005 they lived apart after Ronald moved out of the house. Neither party filed for divorce during this time. In 2003, Olivia began dating Bob. She moved into Bob’s home. In March of 2004, Olivia gave birth to Alicia while living with Bob.
1. After breaking up with Bob in July of 2004, Olivia files a paternity petition against him in State Y. Bob, who now lives in State Z, believes that he is not the father of Alicia. He does not appear in the paternity action against him. Does State Y have jurisdiction to hear Olivia’s action against Bob?
2. Who is the presumed father of Alicia?
3. Assume that Olivia seeks child support from Ronald. Ronald seeks to prove that he did not live with Olivia when Alicia was conceived. Will the court allow this evidence?
4. Assume that before Bob left State Y, Alicia lived in his home and he told everyone that he was her father. Who is the presumed father of Alicia?
5. Assume that Bob wants to be declared the father of Alicia. He wants to introduce DNA evidence that he is her father. Olivia and Ronald, however, both oppose his attempt to prove his paternity. Can the state deny standing to Bob to prove his paternity?
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