A. You decide you like the justice better in Baton Rouge. What steps should you take:
1. in the action in Mississippi?
Forum non conveniens 7 points _______ Discretionary with trial court 7 points _______ Try to get Louisiana case heard first 7 points _______ Try discovery in the Mississippi 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 and reconventional demand in Mississippi. Does Mississippi now have jurisdiction? Did it prior to your entry of appearance? Prior to your reconventional demand?
Yes, there's been an appearance 7 points _______ Yes, personal service within jurisdiction 7 points _______
C. What substantive law should the Mississippi justice of the peace apply? Discuss various approaches.
Louisiana law should apply under any test 7 points _______ Discuss lex loci delicti 7 points _______ Discuss center of gravity 7 points _______ Discuss interest analysis 7 points _______ Mention of Louisiana rule 7 points _______
D. How do you bring the direct action device to attention of the Mississippi court? Must Mississippi recognize this Louisiana remedy?
Plead and "prove" (or show court) Louisiana law 7 points _______ Mention of Collins case 7 points _______
E. Mansell now served by mail with the Louisiana suit, after judgment in Mississippi. Discuss jurisdictional issue.
Mansell meets minimum contacts 7 points _______
F. Discuss what steps Mansell must take to have Mississippi judgment recognized in Baton Rouge court.
Triple certification 7 points _______ under 28 U.S. Code § 1738 7 points _______
G. You tell Baton Rouge court Mississippi court erred on the merits. Discuss your chances for success.
Zero 7 points _______ Mississippi judgment is res judicata 7 points _______ Not first suit filed but first judgment rendered is res judicata 7 points _______ Mississippi 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 Mansell's remedy?
Mansell may appeal 7 points _______
3. What result if Mansell follows that course?
Mansell 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 Arkansas 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 Arkansas law of division of community 9 points _______
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