Professor Franks
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., "III-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. |
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, 14 May 2003, a judge of that court.
A case is presented to you, and you learn the following facts:
| 1. | Constance Moneylove, born and raised in Pointe Couteau Parish, Louisiana, married Dr. Harrison McMacho in Baton Rouge in 1994. Immediately following their marriage, the parties moved to Memphis, Tennessee. They bought a condominium on North Parkway. Harrison took a job at the Shelby County Regional Medical Center, where he is now a senior staff proctologist. Constance worked as a secretary at the Southern College of Optometry until she became pregnant. Two children were born of the marriage, Tyrone, now age 6, and Claudette, now age 4. |
| 2. | Constance and Harrison began having marital difficulties. On 15 March 2003, Constance took the children and moved back to Louisiana. On 20 March 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 Harrison in Tennessee on 23 March 2003. Harrison has not previously appeared in the action and no action has been taken by the court. |
| 3. | On 23 March 2003, Harrison filed suit for divorce in the Circuit Court of Shelby County, Tennessee, asking for temporary and permanent custody of the children. The petition, citation and an ex parte order were served on Constance in Louisiana on 25 March 2003 under the Tennessee longarm statute. The documents served included an ex parte order granting Harrison "the temporary custody of the children pendente lite." Constance has not appeared in the Tennessee action. |
Harrison has retained Baton Rouge counsel. His attorney today, 14 May 2003, presents 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 Circuit Court of Shelby County, Tennessee. Harrison'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 the following questions and only the following questions:
| 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? |
| B. | Where does jurisdiction lie to determine the custody of the children? Why? |
| C. | Where does jurisdiction lie to dissolve the marriage? Why? |
| D. | Where does jurisdiction lie to determine spousal support (alimony) and child support? Why? |
Reader's Digest Books has announced its intention to publish Everyone's Guide to Family Law, a consumer's handbook summarizing the marriage, divorce and family laws of all fifty states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam and American Samoa. Featuring an introduction by "Judge Judy" Sheindlin and a foreword by Jerry Springer, this book will be sold to the general public to educate ordinary people about family law.
Having heard of your expertise in Louisiana Family Law, the board of editors of The Reader's Digest has commissioned you to write just the Louisiana chapter for this exciting new book.
Please do so now. Be sure to include at least one paragraph (but no more than two paragraphs) on each of the following topics:
| A. | Antenuptial contracts |
| B. | Marriage ceremonies |
| C. | Who may officiate |
| D. | Impediments to marriage |
| E. | Absolute nullity |
| F. | Relative nullity |
| G. | Recognition of out-of-state marriages |
| H. | Grounds for divorce |
| I. | Jurisdiction and venue for divorce |
| J. | Interim spousal support |
| K. | Final periodic spousal support |
| L. | Child custody |
| M. | Modification of custody |
| N. | Child support |
| O. | Disavowal of paternity |
| P. | Legitimation |
| Q. | Acknowledgment and filiation |