Final Examination, Spring 2003
1. Carefully analyze the facts and grasp the issues in each question before beginning to write. Spend time reading the question slowly and carefully.
2. State the issues and answers to each question concisely. Lengthy answers are not necessary.
3. Do not repeat questions in your answers. Write neatly and legibly on only one side of each page.
4. Number your answers to correspond with the question, e.g., "II."
5. If you feel it necessary to assume additional facts in any of the questions, give the facts that must be added and state why.
6. Do not write in the margin of the book.
7. All major questions are equally weighted unless otherwise indicated. Subparts are approximately equal but may be weighted slightly differently according to the number of issues involved in that subpart.
8. Write your personal identification number and the name and section number of the course on which you are being examined on the cover of each examination book.
9. If you use more than one book, indicate "Book One," "Book Two" and so forth on the cover of each book and write your PIN and the name and section number of the course on the cover of each examination book.
10. A GOOD ANSWER IS NOT NECESSARILY A LONG ANSWER.
You are now in private practice. Susan Jefferson, a resident of East Baton Rouge Parish, comes to you, telling you she was injured in an automobile accident. While driving down Airline Highway in Baton Rouge, her car was broadsided. The car that hit her ran a stop sign.
The car that ran the stop sign was a BellSouth car, driven by BellSouth's Baton Rouge area manager, Mr. Alexander Graham, and insured by State Farm. Assume the car was being driven in the course and scope of his employment.
Ms. Jefferson tells you that her doctor informs her that as a result of the accident she will walk with a painful limp for the rest of her life. She then tells you the accident happened some eighteen months ago. She tells you she never sought legal counsel because she's afraid of lawyers.
Develop a strategy by which Ms. Jefferson might win her case. Explain your reasoning fully. Discuss.
Charles Smith, a lawyer for Exxon for many years, was born and raised in Baton Rouge and worked for the company's legal department at Baton Rouge from 1970 to 2000. In 2000, Exxon promoted Mr. Smith to vice president in charge of Exxon's British legal operations. Mr. and Mrs. Smith immediately sold their Baton Rouge home. They and their two teenage children moved to England, where they obtained permanent residence for immigration purposes, purchased a lovely house in suburban Wimbledon, enrolled their children in school, obtained British driving licenses, acquired two Jaguars (both registered in England), and paid yearly income taxes to the British Inland Revenue Service. Those of their belongings that they chose not to ship to England they stored in their summer cabin on the Amite River near Baywood, Louisiana.
In March 2003, Mr. Smith retired after long and excellent service with Exxon, sold his home in Wimbledon and moved back to Baton Rouge with his wife and one child (the other having returned earlier to attend college in New York).
A justice of the Louisiana Supreme Court retired recently, and a special election to fill the vacancy has just been called by the governor. Mr. Smith has announced his candidacy for the office.
Louisiana Constitution, Article V, Section 24, requires that:
A judge of the supreme court . . . shall have been admitted to the practice of law in this state for at least five years prior to his election, and shall have been domiciled in the respective district, circuit, or parish for the two years preceding election.
The senior partner in your law firm tells you that Mr. Smith's opponent will be filing suit in the Nineteenth Judicial District Court for the Parish of East Baton Rouge to challenge Mr. Smith's qualifications as a candidate on the grounds that he does not meet the qualifications as set forth in the state constitution in that he has not been domiciled in the supreme court district from which he is running for two years preceding the election. Write a memorandum advising your partner of the issues in and the anticipated result of the case. Discuss.
Five years following your graduation from Southern University Law Center, you run for and are elected judge of the Family Court for the Parish of East Baton Rouge. Imagine you are now, today, 3 May 2003, a judge of that court.
A case is presented to you, and you learn the following facts:
Louise Legrand, born and raised in East Baton Rouge Parish, Louisiana, married Terrence Tolliver in New Orleans in 1993. Immediately following the marriage, the parties moved to San Antonio, Texas. They bought a home. Terrence took a job at the Bank of San Antonio, where he is now a junior vice president. Louise worked as a dental assistant until she became pregnant. Two children were born of the marriage: Adam, now age 6, and Brenda, now 4.
Louise and Terrence began having marital difficulties. On 15 April 2003, Louise took the children and moved back to Baton Rouge. On 18 April 2003, she filed suit for divorce in the Family Court for the Parish of East Baton Rouge, asking for a divorce in 180 days. She also is asking for temporary and permanent custody of the children. The petition and citation were served on Terrence in Texas on 22 April 2003 under Louisiana's longarm statute. Terrence has not previously appeared in the action and no action has been taken by the court.
On 22 April 2003, Terrence filed suit for divorce in the 395th Judicial District Court for the County of Bexar, State of Texas, asking for temporary and permanent custody of the children. The petition, citation and an ex parte order granting Terrence "the temporary managing conservatorship (custody) of the children pendente lite" were served upon Louise in Baton Rouge on 24 April 2003. Louise has not appeared in the Texas action.
Terrence has retained Louisiana counsel. His attorney today, 3 May 2003, presents you with a copy of the Texas order for temporary custody, duly certified and exemplified under Acts of Congress, 28 U.S. Code § 1738, wherein the clerk attests that the same is a true copy, the judge attests that the clerk is indeed the clerk and that the attestation is in proper form, and the clerk attests that the judge signing the certificate is indeed a judge of the 395th Judicial District Court for the County of Bexar. Terrence's Louisiana attorney asks you to sign an order granting the temporary custody determination full faith and credit pendente lite.
Please answer briefly, succinctly and accurately each of the following questions and only the following questions:
Is the Texas temporary custody order entitled to full faith and credit in Louisiana under 28 U.S. Code § 1738A (the Federal Parental Kidnapping Prevention Act of 1980)? Why or why not?
Where does jurisdiction lie to determine the custody of the children? Why?
Where does jurisdiction lie to dissolve the marriage? Why?
Where does jurisdiction lie to determine alimony and child support? Why?
Where does jurisdiction lie to partition the community? Why?
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