Final Examination, Spring 2008
|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."|
|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.|
Bob and Keisha are two law students at the University of Nashville. Together they learned about the country’s best summer-abroad program and enrolled in Southern University’s “Affordable London.” Early in February, they purchased their round-trip tickets from Nashville to London on United Airlines.
It then occurred to these students that they would need tickets for their optional side-trip to the International Court of Justice at The Hague. They immediately made hotel reservations for their weekend in Amsterdam.
Bob promptly purchased his round-trip ticket from London to Amsterdam in early March, while still in Tennessee. He made the purchase on line directly from British Airlines. He printed out the electronic ticket they emailed him.
Keisha waited until she got to London, and then went to British Airlines’ city ticket office on Westminster Bridge Road, where she bought a round-trip ticket from London to Amsterdam on the same flight as Bob.
On the scheduled day, they both boarded their British Airlines flight from London to Amsterdam. Bob took his laptop computer with him in his checked luggage. On boarding the British Airlines flight, the flight attendant announced that the plane was overweight and some luggage would have to be offloaded. Bob counted twelve empty seats on the plane. On arrival in Amsterdam, Bob was relieved to learn that his luggage arrived without incident.
Keisha’s suitcase, however, was lost. The visit to the International Court of Justice was scheduled for early the next morning, and all of Keisha’s dress clothes and toiletries were in her suitcase. She filed a lost luggage claim with British Airlines at Amsterdam. Mindful of Professor Franks’s admonition that students must visit Europe’s courts dressed professionally as lawyers, and unwilling to chance showing up at the world's highest court in the shorts, tee shirt, and tennis shoes she wore on the flight, Keisha purchased a blouse, suit, shoes and toiletries right in the shopping area of Amsterdam’s Schiphol International Airport. The bill came to $650.00.
Bob and Keisha went on the visit to the International Court of Justice as scheduled early the next morning. Upon return to their hotel room late that afternoon, Keisha’s suitcase was waiting. It had been delivered at 11:15 a.m.
Bob’s problems didn’t occur until the return trip from Amsterdam to London. On arrival in London, Bob’s checked luggage and computer were missing. They never were found. Of course, Bob filed a missing luggage report on arrival at London. Bob’s clothes, luggage and computer are worth $6,400.00.
Both students are now back in Tennessee and seek your legal advice on how to proceed. Assume you are admitted in Tennessee and:
|I-A.||Advise Keisha of her rights.|
|I-B.||Advice Bob of his rights.|
|I-C.||Draft a letter on Bob’s behalf to British Airlines’ legal department in New York.|
Please answer the following:
|II-A.||List each of the various ways in which a state may obtain in personam jurisdiction over a person. Discussion is not necessary.|
|II-B.||Explain the doctrine of mutuality of estoppel. State the Louisiana position on mutuality of estoppel, i.e., whether Louisiana requires mutuality of estoppel for issue preclusion.|
|II-C.||Define "home state of the child" and list the various tests for determining child custody jurisdiction between two competing states, putting them in the order in which those tests will be applied.|
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