Mr. Smith is a client who is involved in a bitter divorce in Family Court in Dallas, Texas. Mr. Smith and his soon to be ex-wife had agreed to split communityproperty equally, but here is now an argument over what is considered to becommunity property. Mrs. Smith had accumulated a substantial amount ofjewelry, which she purchased with community money, or was given to her byher spouse over the 20 years of the marriage. She is refusing to split the valueof the jewelry because she insists that it is her separate property. Her attorneyhas requested the court to order that the jewelry in question be deemed to beMrs. Smith’s separate property and that Mr. Smith is not entitled to half of thevalue. Mrs. Smith’s attorney has filed a brief with the court, citing cases that hebelieves supports the position of Mrs. Smith.
Your supervising attorney has asked that you check the citations for the court opinions included in the brief filed by Mrs. Smith’s attorney. Please read the opinions on Westlaw and determine the following:
a. Whether the opinions are on point, and why or why not.
b. Whether opinions are primary mandatory, primary persuasive, or non-primary persuasive.
Answers: 1
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Mr. Smith is a client who is involved in a bitter divorce in Family Court in Dallas, Texas. Mr. Smit...
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