Professor Franks
Final Examination, Spring 2009
| 1. | Carefully analyze the facts and grasp the issues in each question before beginning to write. Spend time reading the question slowly and carefully. |
| 2. | State the issues and answers to each question concisely. Lengthy answers are not necessary. |
| 3. | Do not repeat questions in your answers. Write neatly and legibly on only one side of each page. |
| 4. | Number your answers to correspond with the question, e.g., "II-B-2." |
| 5. | If you feel it necessary to assume additional facts in any of the questions, give the facts that must be added and state why. |
| 6. | Do not write in the margin of the book. |
| 7. | All major questions are equally weighted unless otherwise indicated. Subparts are approximately equal but may be weighted slightly differently according to the number of issues involved in that subpart. |
| 8. | Write your personal identification number and the name and section number of the course on which you are being examined on the cover of each examination book. |
| 9. | If you use more than one book, indicate "Book One," "Book Two" and so forth on the cover of each book and write your PIN and the name and section number of the course on the cover of each examination book. |
| 10. | A GOOD ANSWER IS NOT NECESSARILY A LONG ANSWER. |
Susan, a native of Baton Rouge, graduated from Southern in 2002 with a degree in nursing. She then moved to Miami to begin work. There, she met Jason, a lifelong native of Florida. They married back in 2004 in Las Vegas. Susan and Jason bought a three-bedroom house in Miami (Dade County), which they still own. They had two children, Jeffrey and Susette. In September 2008, Susan called it quits, took the children, and returned to live with her father and mother in Baton Rouge. She got a job working at Woman's Hospital in Baton Rouge and now has an apartment in Baton Rouge.
In September 2008, Susan filed suit for an Article 102 divorce in the Family Court for the Parish of East Baton Rouge, asking custody of the children, spousal support, child support, and division of property. Jason was served in Florida by certified mail. The case came on for hearing in March 2009. Jason did not appear. Susan was granted a default judgment of divorce and awarded permanent custody of the children, child support in the amount of $1,200 per month, final periodic spousal support in the amount of $900 per month, and a fifty per cent interest in the equity in the family home, and half of the family savings on deposit in the First National Bank of Miami.
In October 2008, Jason filed for divorce in the Circuit Court of Dade County, Florida. Susan was served by in Louisiana by certified mail. Susan did not appear. In December 2008, the Dade County court awarded Jason a default divorce, permanent custody of both children, and child support in the amount of $1,100 per month. The court's judgment further states that since no appearance was made by Susan, her right to claim alimony is forever lost.
PLEASE ANSWER THE FOLLOWING:
| I-A. | Where did jurisdiction lie to dissolve the marriage? Why? Discuss. |
| I-B. | Where did jurisdiction lie to determine alimony and child support? Why? Discuss. |
| I-C. | Where did jurisdiction lie to divide property, including the house? Why? Discuss. |
| I-D. | Where did jurisdiction lie to determine the custody of the children? Why? Discuss. |
| I-E. | What should Susan's lawyer have done at the outset? How should he now advise Susan? Discuss. |
| I-F. | What should Jason's lawyer have done at the outset? How should she now advise Jason? Discuss. |
PLEASE ANSWER THE FOLLOWING:
| II-A. | Please list (without discussion) the ways in which a marriage terminates in Louisiana. |
| II-B. | Keith and Keisha are a married couple, and they have one minor child, Kellie, age 8. Unfortunately, their car, a fuel-efficient Mini, was hit by a drunk trucker driving an eighteen-wheeler. Little Kellie will be disabled for life. Please answer the following questions: |
| 1. | Keith, Kellie's father, is in a coma on life support as a result of the accident. Keisha, Kellie's mother, sustained only a few broken bones. Who can file suit on Kellie's behalf, and what steps if any must that person take prior to filing suit? |
| 2. | Keith was removed from life support and has died. Who now can file suit on Kellie's behalf, and what steps if any must that person take prior to filing suit? |
| 3. | It is learned that the truck and its driver are from outside Louisiana. Who can file a diversity suit in federal court on Kellie's behalf, and what steps if any must that person take prior to filing suit? |
Return to The Castle Classroom
Copyright ©2009 by M. R. Franks - ALL RIGHTS RESERVED