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?
| No. FPKPA requires notice. | 15 points _______ |
B. Where does jurisdiction lie to determine the custody of the children? Why?
| Illinois is home state | 6 points _______ |
| Relevant date is filing date | 6 points _______ |
| Can she amend? | 6 points _______ |
| Does his move divest Illinois? | 6 points _______ |
| Do we now go to second tier? | 6 points _______ |
C. Where does jurisdiction lie to dissolve the marriage? Why?
| Illinois has jurisdiction | 5 points _______ |
| based on husband's domicile | 5 points _______ |
| Louisiana has jurisdiction | 5 points _______ |
| based on wife's domicile | 5 points _______ |
D. Where does jurisdiction lie to determine alimony and child support? Why?
| Illinois has jurisdiction | 5 points _______ |
| She may file there | 5 points _______ |
| Or he may use the Illinois longarm | 5 points _______ |
| Clearly she has minimum Illinois contacts | 5 points _______ |
| In Louisiana, personal service needed | 5 points _______ |
| Or waiver or consent or appearance | 5 points _______ |
| Or she may use URESA | 5 points _______ |
| Explanation of URESA's procedures | 5 points _______ |
A. The elements of a marriage in Louisiana, in detail.
| Free consent | 2 points _______ |
| Absence of impediment | 2 points _______ |
| In a ceremony | 2 points _______ |
| Before an officiant | 2 points _______ |
| May not be by proxy or procuration | 2 points _______ |
B. The grounds for nullity, distinguishing between the two types of nullity.
| Absolute nullity | 2 points _______ |
Impediment |
2 points _______ |
Or lack of ceremony |
2 points _______ |
Or procuration |
2 points _______ |
Impediment of same sex |
2 points _______ |
Prior undissolved |
2 points _______ |
Prohibited degree |
2 points _______ |
No need for decree |
2 points _______ |
Anyone at interest may attack |
2 points _______ |
| Relative nullity | 2 points _______ |
Vice of consent |
2 points _______ |
Ratification or confirmation |
2 points _______ |
Must be judicially declared |
2 points _______ |
Suit personal to party lacking consent |
2 points _______ |
Civil effects flow |
2 points _______ |
C. All grounds for divorce in Louisiana, in detail.
| Article 102 | 2 points _______ |
File, wait 180 days from service |
2 points _______ |
Prescribes in two years |
2 points _______ |
| Article 102 | 2 points _______ |
Adultery |
2 points _______ |
Conviction of felony |
2 points _______ |
with sentence of death |
2 points _______ |
or imprisonment |
2 points _______ |
at hard labor |
2 points _______ |
Living separate and apart six months |
2 points _______ |
or more |
2 points _______ |
without reconciliation (continuously) |
2 points _______ |
as of the date petition filed |
2 points _______ |
D. Criteria for determining alimony pendente lite.
| To maintain status quo | 2 points _______ |
| Without regard to fault | 2 points _______ |
| Based on recipient's income (needs) | 2 points _______ |
| and payor's means | 2 points _______ |
E. Criteria for determining permanent alimony.
| Only to party free from fault | 2 points _______ |
| Based on recipient's means | 2 points _______ |
| and payor's means | 2 points _______ |
| but limited to one-third of income | 2 points _______ |
| What constitutes "fault" | 2 points _______ |
| When and how fault litigated | 2 points _______ |
| Terminates on marriage or concubinage | 2 points _______ |
F. Criteria for determining custody.
| Presumption of joint | 2 points _______ |
| Best interests of child | 2 points _______ |
| Each point on laundry list of factors | 2 points _______ |
| Modifications: | |
Change of circumstances test |
2 points _______ |
Present environment deleterious |
2 points _______ |
Clear and convincing evidence |
2 points _______ |
Mention of Bergeron |
2 points _______ |
Mention of considered decree |
2 points _______ |
Modificaiton of visitation - best interests |
2 points _______ |
You are contacted by Julia Smithers, maternal grandmother of Billy Jackson, age 7. Following the divorce of Billy's parents, Billy's mother, Ginny Jackson, was awarded custody. Billy's father, Sam Jackson, was given visitation.
Following the divorce, Ginny Jackson was appointed tutrix of the child. The child's maternal grandmother, Julia Smithers, was appointed undertutrix. 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.
| Is custody joint? | 10 points _______ |
| Did she nominate tutor in her will? | 10 points _______ |
| Undertutrix never becomes tutor | 10 points _______ |
| Father is natural tutor | 10 points _______ |
| Custody will prevail over tutorship | 10 points _______ |
| Boyett v. Boyett "detrimental" test | 10 points _______ |
Answer each of the following questions in not much more than one or two sentences, telling what you feel you should do as a lawyer when clients present you with the following:
1. Your client, a single mother, wishes to file suit for an injury to her child sustained on the school bus. In addition to filing the petition against the school board, what other step must you take and when?
| She must file a tutorship | 4 points _______ |
| Before hearing of exceptions | 4 points _______ |
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."
| Ex parte restraining order | 4 points _______ |
3. Your client's custody case is coming up for trial in four weeks, and you want to give your client something she or he can do to help prepare for trial.
| Photo album | 4 points _______ |
| Each other creative idea | 4 points _______ |
4. Your prospective divorce client does not have the money to pay you. This client is not worthy of pro bono representation. Discuss with your prospective client.
| Each creative financing suggestion | 4 points _______ |
| Refer to legal aid | 4 points _______ |
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