Final Examination, Spring 2005
|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-A-3."|
|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 lifelong residents of Oregon, married in Oregon six years ago. They bought a four-bedroom house in Portland (Multnomah County), which they still own. They had two children, Jackson and Jillette. In August 2003, the family moved to Baton Rouge so Jack could obtain his Master of Business Adminstration degree at LSU. They rented out their house in Portland. Jill got a job working as a teller at Hibernia Bank in Baton Rouge. They both registered to vote in Baton Rouge.
Jill never liked Baton Rouge. In March 2004, upon being offered her old job back as vice president of a bank in Portland, she took the children and moved back to Oregon.
In April 2004, Jack filed suit for an Article 102 divorce in the Family Court for the Parish of East Baton Rouge, asking custody of the children, spousal support, child support, and division of property. Jill was served in Oregon by longarm. Temporary orders (orders during the pendency of the divorce) came on for hearing in May 2004, and the court awarded Jill temporary custody of the children. Finding Jack financially dependent on his wife while working on his postgraduate degree, the court awarded Jack the sum of $1,000.00 per month as interim spousal support.
In October 2004, Jill filed for divorce in the Circuit Court of Multnomah County, Oregon. Jack was served by longarm in Louisiana. Jill's suit asks for a divorce, custody of the children, division of property, child support and spousal support. Jill contends in her suit that the house should be sold and that, since the house is real estate located in Oregon, only an Oregon court may order it sold or divide the proceeds of the sale.
PLEASE ANSWER THE FOLLOWING:
|I-A.||Where does jurisdiction lie to dissolve the marriage? Why? Discuss.|
|I-B.||Where does jurisdiction lie to determine alimony and child support? Why? Discuss.|
|I-C.||Where does jurisdiction lie to divide property, including the house? Why? Discuss.|
|I-D.||Where does jurisdiction lie to determine the custody of the children? Why? Discuss.|
|I-E.||What action should Jill's lawyer take next? Discuss.|
|I-F.||What action should Jack's lawyer take next? Discuss.|
PLEASE ANSWER THE FOLLOWING:
|II-A.||Please discuss the difference between:|
|1. jurisdiction in personam|
|2. jurisdiction in rem|
|3. jurisdiction quasi in rem|
|II-B.||Please define (without unnecessary explanation or discussion) the following:|
|2. mutuality of estoppel|
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