Reference no: EM131167630

Please respond the following hypothetical

Question 1.

Please review the following information and write her a legal memorandum explaining the issues that are involved.

Facts: Robert needed an automobile in his work as a newspaper carrier. He purchased a car from Gringo's used car lot in Albuquerque , New Mexico. Because Robert had bad credit and could not afford to pay the entire cost of the car, Robert signed a promissory note agreeing to pay the monthly payments. The terms of the purchase agreement included 20 percent interest rate and an agreement to use the car only for work purposes.

Robert drove the car across the international border and purchased some illegal drugs. As he was returning to the U.S., he was stopped and searched at the border. The U.S. government agents found his drugs and took possession of the car. The federal government instituted civil forfeiture action against the car since it was used in a crime. Later the federal government sold the car at a public auction. The car dealer was unaware of any of this.

Robert never made any payments to the car dealer as promised in the purchase agreement. Months later, an employee of the car dealer noticed that the car was parked each day in a public parking. The car dealer had the car repossessed from the public parking lot. Martin Campbell, who purchased the car at the public auction, is now suing the car dealer for wrongful conversion of the car and theft.

Under New Mexico state law, the title to the car remained in the car dealer's name until the note was paid. Under federal law regarding forfeited property sold at a public auction, the buyer receives a clear title. The maximum legal interest rate in New Mexico at the time Robert purchased the car was 18 percent.

What are the issues that the car dealer needs to worry about and how should the attorney advise her client.

Question 2

presume that the year is 2020. Paul Reagan has been elected as president of the United States. His brother Carl Reagan was elected as vice-president. Paul does not like his brother and wants him impeached. It is noted that Carl Reagan has failed to pay federal income taxes for the past 18 years. The failure to pay taxes occurred prior to his election as V-P. The House of Representatives indicted Carl in impeachment proceedings. Carl contends as vice-president, he has a right to preside over his own impeachment proceedings.

Write a legal memorandum for the President discussing the issues apparent in this case including Carl claim that he has a right to preside over his own impeachment proceedings and that the crimes occurred prior to his election as V-P.