LOUISIANA FAMILY LAW



Final Examination, Spring 2010





QUESTION I
161 raw points

A.  Was there a common-law marriage in Alabama?

Common-law marriage may not be contracted in Louisiana 7 points _______
Alabama allows (or "may allow") common-law marriages 7 points _______
Louisiana must give full faith and credit to common-law marriages 7 points _______
   
Were the parties of legal age under Alabama law? 7 points _______
        being underage is at most a relative nullity 7 points _______
If they remained together, they ratified once of legal age 7 points _______
   
Are they related within prohibited degree under Alabama law? 7 points _______
Did either of them have a prior undissolved marriage? 7 points _______
   
Conclusion parties are validly married and Louisiana must recognize 7 points _______

B.  If not in Alabama, then are they married in Louisiana?

In Louisiana, a marriage requires  
        absence of impediment 7 points _______
        a ceremony 7 points _______
        free consent expressed at the ceremony 7 points _______
   
Impediments are  
        same sex 7 points _______
        prior undissolved marriage 7 points _______
        ascendants and descendants 7 points _______
        collaterals within fourth degree 7 points _______
        collaterals related only by adoption may marry with court order 7 points _______

C.  Was there a ceremony?

A marriage license is directory, not mandatory 7 points _______
Was Rev. Jimmy "reasonably believed" to be authorized? 7 points _______
   
Was the paper shuffle a "ceremony"?  
There is no specific form needed for a ceremony 7 points _______
It certainly was not marriage by procuration, as all were present 7 points _______
Free consent clearly was expressed by signing the document 7 points _______
   
Unequivocal view on the matter one way or the other 7 points _______
View that the parties are legally married 7 points _______




QUESTION II
112 raw points

A.  Name two ways in which Yu and Liu assert divorce impacts the environment.

Student correctly names one way according to the article 8 points _______
Student correctly names a second way 8 points _______

B.  What must single parent do to represent the child in a diversity suit?

Nothing. Just file the suit 8 points _______
Tutorship is normally required in Louisiana courts 8 points _______
But not in federal court 8 points _______
Mention of Bengston case 8 points _______

C.  According to Professor Ghetti, at what point is domestic violence most likely to occur?

Correct answer by student 8 points _______

D.  According to Barbara Dafoe Whitehead, why does she feel Dan Quayle Was Right?

Precise summary of Dan Quayle's specific criticism 8 points _______
Synopsis by student showing article has been read 8 points _______

E.  Identify the lines of questioning in Prof. Franks's cross-examination of Dr. Paul Race.

1.Student correctly identifies first line of Prof. Franks's questioning 8 points _______
2.Student correctly identifies second line of Prof. Franks's questioning 8 points _______
3.Student correctly identifies third line of Prof. Franks's questioning 8 points _______
4.Student gets all three correct 8 points _______
5.Student gets them in the correct order 8 points _______



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