Section I, Professor Franks
Final Examination, Spring 1994
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 fictitious name and 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 fictitious name and number on the cover of each examination book.
10. A GOOD ANSWER IS NOT NECESSARILY A LONG ANSWER.
Following your graduation from Southern University Law Center, you are hired to be law clerk to a judge of the Civil District Court for the Parish of Orleans. A case is presented to your judge, and from her you learn the following:
1. Golda Digger, born and raised in West Baton Rouge Parish, Louisiana, graduated from high school eleven years ago and went to work as a flight attendant for Delta Air Lines. After a few years, she met and married Captain Byron Studworthy. The marriage was celebrated in Port Allen in 1987. Immediately following their marriage, Golda moved to Chicago. She and her husband bought a house in suburban Highland Park. Byron continued working for United Air Lines, attaining the rank of senior pilot. Golda worked as a flight attendant until she became pregnant. Two children were born of the marriage, Neil, now age 6, and Goldette, now age 4.
2. Golda and Byron began having marital problems. On 27 December 1993, Golda took the children and moved back to Louisiana. On 21 February 1994, she filed suit for divorce in the Civil District Court for the Parish of Orleans, asking for a divorce in 180 days under Article 102. She also is asking for temporary and permanent custody of the children. The petition and citation were served on Byron in Chicago on 23 March 1994. Byron has not previously appeared in the action and no action has been taken by the court.
3. On 25 March 1994, Byron filed suit for divorce in the Circuit Court of Cook County, Illinois, asking temporary and permanent custody of the children. The petition, citation and an ex parte order were served on Golda in Louisiana on 4 April 1994 under the Illinois longarm statute. The documents served included an ex parte order granting Byron "the temporary custody of the children pendente lite." Golda has not appeared in the Illinois action.
4. On 18 April 1994, Byron was promoted to command pilot for United's Pacific routes, a job requiring him to move to United's offices in Honolulu. On 30 April 1994, Byron moved to Hawaii.
Byron has retained New Orleans counsel. His attorney today, 11 May 1994, presents your judge with a copy of the Illinois 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 Cook County, Illinois. Byron's Louisiana attorney asks you to sign an order granting the temporary custody determination full faith and credit pendente lite.Please write a memorandum for the judge succinctly and accurately answering the following questions and only the following questions:
A. Is the Illinois 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 alimony and child support? Why?
The Baton Rouge Public Library has announced that it will sponsor a series of free evening lectures on the law. Knowing of your expertise in Louisiana Family Law, the library has asked you to be the speaker on the subject of family law.
Knowing that this will benefit your practice, you have graciously accepted their invitation. The library has asked you to provide them in advance with an outline of your talk. Please prepare that outline now, making sure your talk adequately explains to your audience each of the following points:
A. The elements of a marriage in Louisiana, in detail.
B. The grounds for nullity, distinguishing between the two types of nullity.
C. All grounds for divorce in Louisiana, in detail.
D. Criteria for determining alimony pendente lite.
E. Criteria for determining permanent alimony.
F. Criteria for determining custody.
You are contacted by Julia Smithers, maternal grandmother of Billy Jackson, age 7. Following the divorce of Billy's parents two years ago, Billy's mother, Ginny Jackson, was awarded custody in the divorce. Billy's father, Sam Jackson, was given visitation.
Following the divorce, Ginny Jackson applied for and was appointed tutrix of the child. The child's maternal grandmother, Julia Smithers, was duly appointed undertutrix of the child. Julia Smithers now tells you that Billy's mother, Ginny Jackson, died in a car accident last week. She inquires whether she can become tutrix now and if she can obtain custody. Advise her.
1. Your client, a single mother, wishes to file suit for an injury her child sustained while riding on the school bus. In addition to preparing and filing a timely petition against the school board and bus operator, what other step must you take and when must it be taken?
2. A female client tells you, "My husband beats me, and I'm afraid he's going to get drunk and violent again this weekend. I want custody of the children."
3. Your client's custody case is coming up for trial in four weeks, and you want to give your client suggestions as to something she or he can do to help you prepare for trial.
4. Your prospective divorce client does not have the money to pay your retainer. You have determined that this client is not worthy of pro bono representation. Discuss what you should discuss with your prospective client.
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