CONFLICT OF LAWS



Final Examination, Spring 2002





QUESTION I

125 raw points



Defendant may be sued in Louisiana 5 points _______
Defendant advertised here
5 points _______
Goods were shipped into Louisiana
5 points _______
Sufficient minimum contact
5 points _______
for specific longarm jurisdiction
5 points _______
Defendant may be sued in Virginia 5 points _______
and may be served there through registered agent
5 points _______
Defendant may be sued in New Jersey 5 points _______
and may be served there through registered agent
5 points _______
The question is whether defendant may be sued in Illinois 5 points _______
Is their conduct sufficient to support general longarm jurisdiction? 5 points _______
How extensively do they advertise on television in Illinois?
5 points _______
Or is the company qualified to do business in Illinois? 5 points _______
In which case she may serve their registered agent
5 points _______
Louisiana uses governmental interests approach to choice of law 5 points _______
Louisiana courts would apply Louisiana law
5 points _______
Discussion of governmental interests test 5 points _______
Discussion of grouping of contacts or center of gravity test 5 points _______
Discussion of lex locus contractus 5 points _______
Analysis of what substantive law an Illinois court would apply 5 points _______
Recommendation that she sue in Illinois 5 points _______
Recommendation that she garnish via American Express 5 points _______
which probably has an office and can be served in Illinois
5 points _______




QUESTION II

100 raw points



This case is governed by UCCJEA 5 points _______
Which applies internationally
5 points _______
FPKPA does not apply internationally 5 points _______
Case is also governed by Hague Convention in International Abduction 5 points _______
Louisiana is not home state of child under UCCJEA 5 points _______
Home state is where child has lived for last six months 5 points _______
or if under six months old, since birth
5 points _______
Periods of temporary absence are counted as part of period
5 points _______
Home state jurisdiction continues for six months following removal 5 points _______
provided a parent continues to reside in such jurisdiction
5 points _______
The father still lives in Cuba, so Cuba is still the home state 5 points _______
Father is not bound by the ex parte order, as UCCJEA prohibits same 5 points _______
Uncle's only hope is "emergency jurisdiction" 5 points _______
Emergency jurisdiction is not favored
5 points _______
This emergency can best be handled in Cuba
5 points _______
On a forum non basis, Cuba is the more convenient forum 5 points _______
Evidence concerning the child's education and relatives is there
5 points _______
Hague convention speaks of "habitual residence" of the child 5 points _______
Cuba is the child's habitual residence
5 points _______
Case should be remanded with instructions to dismiss in favor of Cuba 5 points _______



Return to The Castle Classroom


Copyright ©2002 by M. R. Franks - ALL RIGHTS RESERVED