My Own Worst Examination

By wtchcool

(Disclaimer: I do not currently possess any rights to "My Own Worst Enemy." I do have a bunch of law textbooks, and apparently, too much time on my hands.)

Core Doctrine Exam

Spring 2009


Please read the fact pattern and questions carefully. This is a take-home exam, to be turned in within 72 hours of receiving the questions. It will test your knowledge of different areas of the law. You are allowed to discuss your answers with your peers.

You are not required to answer more than 2/3 of the questions. Under no circumstances are your answers to exceed a total of 5 single-spaced pages. Please put your username—er, that is, your student id—at the top of your answer, and number your pages.

You are not expected to do any research to answer these questions, but if you do cite primary or secondary authority, please make your citations clear. You do not, however, have to use the Bluebook.

Please do not cite any administrative law in your answer.

For the purposes of this examination only, pretend that the jurisdiction is within New York State. If you feel you do not have all of the necessary information to answer a question, please state what information you would need, and why it would be important.

Fact Pattern:

Edward Albright was an agent working for a covert government organization known as "Janus." As part of his employment, he underwent an experimental procedure that created a separate personality for himself, known as Henry Spivy. Henry was a fully-functional person, who would go on to marry a woman named Angie, and have two children—a son and a daughter, with her. Henry, his wife, and children, had absolutely no idea that Henry happened to share his body with Edward. As far as Henry knew, he only worked for a company known as AJ Sun.

One day, the computer chip in Edward's brain that had created Henry, and indeed, allowed Henry to be "activated" or "deactivated" at will, became dysfunctional. As a result, Henry discovered all about his alter-ego, Edward, though he was careful not to disclose this information to Angie, or their children.

Edward and Henry hate each other, and believe that they have nothing in common other than the body that they share, with the now broken chip in their brain. Their only way to communicate with each other is to leave each other messages—such as recordings on their cell phone.

Edward—or is it Henry?—has come to your law offices seeking your legal expertise.

Please answer the following questions.

#1. Assume for purposes of this question that Henry, becoming infuriated with Edward, smashes one of his own thumbs with a hammer, while recording a message for his alter-ego. Could Henry be liable for assault and/or battery?

#2. Assume for this question that Edward, annoyed that his alter-ego is completely incapable of handling missions, and might inadvertently place lives in jeopardy, hires a hit-man to track down Henry, who has been left on an abandoned ship, and kill him. Edward believes that finally, Henry will be forced to either kill his opponent, or will be killed. However, Henry manages to escape the ship with his life without killing or incapacitating the hit-man. Is Edward liable for assault or attempted murder?

#3. Assume for this question that Henry and Angie have decided that they want to have another child, but that Edward is firmly opposed to the idea of having any more children. (As their personalities can no longer be turned off-and-on at will, Edward would have to share parenting duties with Henry, not to mention that all of Henry's children are also biologically Edward's.) Henry claims that he has a right to continue to procreate, and Edward claims that he has a right to refuse to procreate. Please analyze how a court would resolve this dispute.

#4. Assume for this question, that Angie has had sex with Edward, believing him to be her husband, Henry. Edward, in turn, has been having a sexual relationship with Nora Skinner, Henry's psychiatrist.

a) If Angie were to file for a divorce from Henry, what claims might she have? What counterclaims or defenses might Henry have?

b) If a divorce was not granted to Angie and Henry, might Edward legally marry Dr. Skinner?

#5. Assume for this question the same facts as in question #4. Does Edward have standing to seek custody/visitation of the two Spivy children? If so, would he be granted it? Assume that Henry and Angie are both fit parents, and Edward has little experience raising children.

#6. Assume for this question that Henry took Edward's car for a joyride. The car was not damaged in any way. Does Edward have a claim against Henry for trespass to chattel or conversion?

#7. Now assume that Edward is on trial for the murder of a man that he did, in fact, kill. Can Henry be forced to testify against Edward?

#8. Finally, discuss whether there would be a conflict of interest if you were to try to represent both Henry and Edward.

Author's Note:

This is my first "fanfiction." I was inspired to write it because, having watched "My Own Worst Enemy" while starting law school, my mind started going off into certain tangents. However, I don't think I would have actually written this, if I hadn't first read a law school exam based on a different TV series (Chuck), entitled "Professor Truthseekr's Final Exam". It's on my favorites list. In no way do I think my work comes even close to that level of quality.

Reviews are welcome. If any readers fall into the target audience for my current crossover—slash fans who watched, enjoyed, and actually remember "The Cape" or slash fans who watch "Arrow," I hope you'll check out "Black Bird; Green Arrow."

Finally, if I made any mistakes in this work regarding the show, I apologize!