Final Examination, Spring 2004
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-B."
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.
Jack and Jill, both of whom are longtime residents of Illinois, came to Louisiana two years ago for Jazz Fest. They used Jack's SUV, and he did the driving. While in Louisiana, they were involved in an intersectional accident with a truck driven by Bubba, a resident of Alabama. Jill received serious permanent injuries and will never walk again.
Assume for purposes of this test that Illinois and Alabama have guest passenger statutes (a non-paying passenger has no claim for injuries against the host driver unless the host driver is drunk or grossly negligent). Jack was neither drunk nor grossly negligent.
Assume for purposes of this test that the statute of limitations in Illinois is three years, and in Alabama three years. You already know the tort prescriptive period in Louisiana. Assume further for purposes of this test that Illinois has a borrowing statute and Alabama does not. You already know the Louisiana position on this.
Investigation reveals that the tread of the tire of Jack’s SUV separated as he was braking to avoid Bubba’s vehicle and that this may have contributed to the accident. Jack purchased his Ford SUV from Slickum Ford in Chicago. The tires were made by Blazerock.
Jack’s SUV and Bubba’s pickup were both insured by Everystate, a national insurance company qualified to do business in every state. Jack’s policy was issued in Illinois; Bubba’s was issued in Alabama.
You represent Jill and are able to handle cases in association with local counsel in all 50 states, thanks to your extensive networking within the Association of Trial Lawyers of America (ATLA). Whom can your client sue and where to obtain the best possible recovery against the greatest number of defendants? What substantive law will the court apply as to the guest passenger issue? Discuss fully.
You have successfully completed your Conflicts course and all other spring semester courses, graduated, and taken and passed the bar on your first try. Imagine you are now, today, 1 May 2004, a law clerk for the most astute of the judges of the Family Court of the Parish of East Baton Rouge.
A case will be presented to you Monday, and you are about to learn the following facts:
Sandra Jefferson, born and raised in East Baton Rouge Parish, Louisiana, married Dwayne Smith in Bogalusa, Louisiana, in 1994. Immediately following the marriage, the parties moved to Memphis, Tennessee. They bought a home. Dwayne took a job at the Union Planters Bank at its home office in Memphis, where he is now a junior vice president. Sandra worked as a paralegal until she became pregnant. Two children were born of the marriage: Keisha, now age 6, and Tyrone, now 4.
Sandra and Dwayne began having marital difficulties. On 15 April 2004, Sandra took the children and moved back to Baton Rouge. On 19 April 2004, 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 Dwayne in Memphis on 22 April 2004 under Louisiana's longarm statute. Dwayne has not previously appeared in the action and no action has been taken by the court.
On 22 April 2004, Dwayne filed suit for divorce in the Chancery Court of Shelby County, Tennessee, asking for temporary and permanent custody of the children. The bill for divorce, the subpoena-to-answer and an ex parte order granting Dwayne "the temporary custody of the children pendente lite" were all served upon Sandra in Baton Rouge on 24 April 2004. Sandra has not appeared in the Tennessee action.
Dwayne has retained Louisiana counsel. His attorney on Monday, 3 May 2004, will present you with a copy of the Tennessee 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 Chancery Court of Shelby County. Dwayne'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:
|II-A.||Is the Tennessee 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?|
|II-B.||Where does jurisdiction lie to determine the custody of the children? Why?|
|II-C.||Where does jurisdiction lie to dissolve the marriage? Why?|
|II-D.||Where does jurisdiction lie to determine alimony and child support? Why?|
|II-E.||Where does jurisdiction lie to divide property? Why?|
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