A. You decide you like the justice better in Baton Rouge. What steps should you take:
1. in the action in Texas?
Forum non conveniens 7 points _______ Discretionary with trial court 7 points _______ Try to get Louisiana case heard first 7 points _______ Try discovery in the Texas action 7 points _______
2. in the action in Baton Rouge?
Get longarm service made quickly 7 points _______ Move the case as quickly as possible 7 points _______
B. You file answer in Texas. Does Texas now have jurisdiction? Did it prior to your entry of appearance?
Yes, there's been an appearance 7 points _______ Yes, personal service within jurisdiction 7 points _______
C. What substantive law should the Texas justice of the peace apply? Discuss various approaches.
Louisiana law should apply under any test 7 points _______ Discuss lex locus contractus 7 points _______ Discuss center of gravity 7 points _______ Discuss interest analysis 7 points _______ Mention of Louisiana rule 7 points _______
D. How do you bring redhibition to attention of Texas court? Must Texas recognize this Louisiana remedy?
Plead and "prove" (or show court) Louisiana law 7 points _______ A defense is more entitled to full faith and credit 7 points _______
E. Hornblower now served by mail with the Louisiana suit, after judgment in Texas. Discuss jurisdictional issue.
Hornblower meets minimum contacts 7 points _______
F. Discuss what steps Hornblower must take to have Texas judgment recognized in Baton Rouge court.
Triple certification 7 points _______ under 28 U.S. Code § 1738 7 points _______
G. You tell Baton Rouge court Texas court erred on the merits. Discuss your chances for success.
Zero 7 points _______ Texas judgment is res judicata 7 points _______ Not first suit filed but first judgment rendered is res judicata 7 points _______ Texas judgment is entitled to full faith and credit 7 points _______ May not go behind judgment into the merits of case 7 points _______
H. Baton Rouge renders judgment in your favor.
1. Which judgment now governs the parties?
The latest judgment governs 7 points _______
2. What if anything is Hornblower's remedy?
Hornblower may appeal 7 points _______
3. What result if Hornblower follows that course?
Hornblower will win 7 points _______
The judge has asked you to prepare a memorandum advising him on the jurisdictional questions. Do so.
Louisiana is home state of child 9 points _______ 9 points _______ Race to courthouse, continuing vs. home state jurisdiction 9 points _______ Louisiana may have ousted Texas continuing jurisdiction 9 points _______ This emergency could be handled in Louisiana 9 points _______ Emergency jurisdiction is not favored 9 points _______ Judges of the two courts should confer 9 points _______ Ex parte order not entitled to FFC under UCCJA or FPKPA 9 points _______
Increase in support only if he can be served 9 points _______ or if in same action in which he appeared 9 points _______ or if she goes under UIFSA (URESA) 9 points _______ or uses Louisiana longarm based on 1990-1995 contact 9 points _______
Partition of newly discovered assets not res judicata 9 points _______ Jurisdiction only if he can be served here 9 points _______ or if in same action in which he appeared 9 points _______ But court must apply Texas law of division of community 9 points _______
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