Professor Franks
Final Examination, Spring 2009
| 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. |
Susan, a native of Baton Rouge, graduated from Southern in 2002 with a degree in nursing. She then moved to Miami to begin work. There, she met Jason, a lifelong native of Florida. They married back in 2004 in Las Vegas. Susan and Jason bought a three-bedroom house in Miami (Dade County), which they still own. They had two children, Jeffrey and Susette. In September 2008, Susan called it quits, took the children, and returned to live temporarily with her father and mother in Baton Rouge. She got a job working at Woman's Hospital in Baton Rouge and now has an apartment in Baton Rouge.
In September 2008, Susan 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. Jason was served in Florida by longarm. The case came on for hearing in March 2009. Susan was granted a divorce and awarded permanent custody of the children, child support in the amount of $1,200 per month, final periodic spousal support in the amount of $900 per month, and a fifty per cent interest in the equity in the family home, and half of the family savings on deposit in the First National Bank of Miami.
In October 2008, Jason filed for divorce in the Circuit Court of Dade County, Florida. Susan was served by longarm in Louisiana. In December, the Dade County court awarded Jason a divorce, permanent custody of both children, and child support in the amount of $1,100 per month. The court's judgment further states that since no appearance was made by Susan, her right to claim alimony is forever lost.
PLEASE ANSWER THE FOLLOWING:
| I-A. | Where did jurisdiction lie to dissolve the marriage? Why? Discuss. |
| I-B. | Where did jurisdiction lie to determine alimony and child support? Why? Discuss. |
| I-C. | Where did jurisdiction lie to divide property, including the house? Why? Discuss. |
| I-D. | Where did jurisdiction lie to determine the custody of the children? Why? Discuss. |
| I-E. | What should Susan's lawyer have advised Susan? How should he now advise her? Discuss. |
| I-F. | What action should Susan's lawyer have taken? What should he now do? Discuss. |
| I-G. | What should Jason's lawyer have advised Jason? How should he now advise him? Discuss. |
| I-H. | What action should Jason's lawyer have taken? What should he now do. 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: |
| 1. depeçage | |
| 2. mutuality of estoppel |
Return to The Castle Classroom