FAMILY LAW. Professor Franks. Final Examination, Spring 2015 GENERAL INSTRUCTIONS

Transcription

1 FAMILY LAW Professor Franks Final Examination, Spring 2015 GENERAL INSTRUCTIONS 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-7." 5. Do not write in the margin of the book. 6. All questions are equally weighted unless otherwise indicated. 7. 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.

2 QUESTION I 33.3 per cent of test I. Please answer the following ten questions with "true" or "false." Discussion will not receive extra credit. 1. Some common-law marriages are recognized in Louisiana. 2. A clergyman may register with the clerk of court in a parish other than the one in which he or she intends to perform the marriage. 3. A custodial parent in Louisiana may listen in upon, eavesdrop or tape record the telephone conversations that his or her minor children have with others without first telling at least one party to the conversation (the child or the other party). 4. In Louisiana, a person may be awarded final periodic spousal support only if the other spouse is at fault. 5. In Louisiana, continual bickering and fussing at one s spouse for spending money on his or her adult children by a prior marriage is fault precluding an award of final periodic spousal support. 6. A Louisianian under interdiction who wants a divorce cannot file even if his curator approves. 7. If persons simply cohabiting together in Louisiana have a child and the man feels it might not be his, he has two years to file for disavowal after learning of the birth of the child. 8. If a person is sued and divorce granted in Louisiana on grounds of the defendant s adultery and if no spousal support is claimed, and if two years later the plaintiff asks for final periodic spousal support, the defendant may make a showing of mutual fault to prevent an award of support. 9. Fault for preclusion of final periodic spousal support in Louisiana could include unjustified and persistent refusal of sexual intercourse Children from intact homes generally do better in life emotionally than children of divorce. -2-

3 QUESTION II 66.7 per cent of test II. Please answer the following twenty questions. 1. Which of the following is not essential to a marriage in Louisiana? A. Absence of a legal impediment B. A marriage ceremony C. A marriage license D. Free consent of the parties expressed at the ceremony 2. Which of the following is not one of the kinds of tutorship specified in the civil code? A. Tutorship by will B. Tutorship by trust C. Tutorship by nature D. Tutorship by effect of law 3. Mini-hypo for Question 3: As soon as the parties separated, the husband moved from Louisiana to Texas. The wife, remaining in Louisiana, was first to file for divorce, and the Louisiana court quickly gave her an award of interim spousal support. Then the husband filed for divorce in Texas. In his ex parte Texas divorce, the Texas court was first to grant a divorce, but no other relief. Which of the following is true: A. If shown to the Louisiana court, the Texas judgment will neither terminate interim support nor prevent the wife from asking the Louisiana court for final periodic spousal support. B. If shown to the Louisiana court, the Texas judgment will terminate interim support immediately or after expiry of six months following the Texas -3-

4 divorce, but not prevent the wife from asking the Louisiana court for final periodic spousal support. C. If shown to the Louisiana court, the Texas judgment will terminate interim support after expiry of six months following the Texas divorce and prevent the wife from asking the Louisiana court for final periodic spousal support. D. If shown to the Louisiana court, the Texas judgment will only preclude the wife from obtaining final periodic spousal support in Louisiana. 4. Which of the following may parties to an antenuptial agreement not do? A. Waive interim spousal support B. Waive final periodic spousal support C. Provide that no property shall be considered community property D. Acknowledge paternity of the couple s child born prior to the marriage 5. To what types of cases does the test in Bergeron apply? A. Modifications of child custody by agreement B. Modifications of decrees of custody considered by the court C. Modifications of all matters of permanent custody D. All of the above 6. Mini-hypo for Questions 6 and 7: The parties were married in Las Vegas (Clark County), Nevada. Husband and wife lived together in Zachary (East Baton Rouge Parish), Louisiana. They separate. He moves to Memphis (Shelby County), Tennessee. She moves to Chicago (Cook County), Illinois. Where may the husband file for divorce? A. East Baton Rouge Parish, Shelby County, or Cook County B. Only in Shelby County, Tennessee C. Cook County, Shelby County or Clark County D. Cook County or Shelby County -4-

5 7. In the above hypothetical, if the wife wants a divorce court to award her land that the parties own in Pulaski County, Arkansas. In which of the following counties should she file her divorce (assuming her husband has not already filed)? A. Only in Cook County, Illinois B. Only in Clark County, Nevada C. Only in East Baton Rouge Parish, Louisiana D. Only in Pulaski County, Arkansas 8. Which of the following is not one of the 12 factors Louisiana Civil Code article 134 requires a court to consider in determining custody? A. The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs B. The marital history of each party and their relationship with children born of other relationships C. The willingness and ability of each party to facilitate and encourage a close relationship between the child and the other party D. The moral fitness of each party 9. Which of the following is not a ground for divorce under Article 103? A. Living separate and apart continuously without reconciliation for the requisite period of time prior to the filing of the petition. B. Living separate and apart continuously without reconciliation for the requisite period of time prior to filing the rule to show cause. C. The other spouse has committed adultery. D. The other spouse has committed a felony and been sentenced to death or imprisonment at hard labor. -5-

6 10. Child custody may be awarded to a nonparent only if: A. An award to either or both parents would result in substantial harm to the child. B. An award to either or both parents is not in the best interests of the child. C. Any time it is shown that the child has been living in a wholesome and stable environment with the nonparent and that the nonparent can provide an adequate and stable environment for the child. D. Any time one of the parents is deceased and his or her grandparents wish to share with the living parent joint responsibility for raising the child. 11. Mini-hypo for Question 11: An unemancipated 17-year-old held a summer job at a cityrun daycare program. The 17-year-old left the children unattended by stepping outside for a cigarette. In his absence, a two-year-old climbed a ladder propped against the wall, fell down, hit his head, and died. The mother and father of the 17-year-old are separated. The father has moved to Texas, and the child resides with the mother in Louisiana. No custody order has been entered by the court. Who has liability for the negligent tort of the 17-year-old? A. The child and the child s employer, the city B. The child, the city and the father C. The child, the city and the mother D. Just the city 12. A child born out of wedlock may not be acknowledged in which of the following ways: A. By signing the birth certificate B. By authentic act for the specific purpose of acknowledgment C. By authentic act primarily for some other purpose (as to sell land) D. By cohabiting with the mother after birth of the child for more than one year -6-

7 13. Mini-hypo for Question 13. Two gay males marry in Massachusetts, where such marriages are legal. One of them then moves to Louisiana. He now wishes a divorce so he can marry a female. Which of the following is correct? A. He can obtain an ex parte divorce after he has been here six months. B. He has no option but to return to Massachusetts and file for divorce there. C. He can seek an annulment here, along with a declaratory judgment that the Massachusetts marriage is not entitled to be recognized in this or any other state including Massachusetts. D. He need do nothing, as Louisiana does not recognize such marriages. 14. If in a divorce child support is awarded for a child who is severely disabled and requires constant around-the-clock care, the support order in the divorce case: A. Continues automatically beyond the child reaching the age of majority B. Continues beyond the child reaching majority only if extended by the divorce court before the child s reaching majority C. Terminates automatically upon the child reaching the age of majority D. Continues beyond the child reaching majority only if extended by the divorce court by order entered within three years after the child reached majority 15. Mini-hypo for Question 15: The parties lived in Louisiana. The mother took their children and moved to Washington (the state). Five months and 29 days after the mother left Louisiana, the father filed suit in Louisiana, asking custody. Six months and a day after arriving in Washington, the mother filed suit in Washington, asking custody. A. Washington has jurisdiction, as that state is now the home state of the children. B. Louisiana has jurisdiction, and Washington must respect any Louisiana judgment. C. The husband should enter an appearance in the action in Washington. D. Washington has jurisdiction under the second tier of UCCJEA, as the children now have significant connections with Washington. -7-

8 16. Which of the following is not one of the ways in which a marriage terminates in Louisiana? A. Death of either spouse B. Divorce C. Declaration of nullity of absolutely null marriage D. Court order authorizing spouse of person presumed dead to remarry 17. Which of the following is not true of a relatively null marriage? A. An annulment is necessary to terminate the marriage. B. Anyone at interest may file for an annulment. C. The marriage may be ratified by remaining in it after regaining one s discernment. D. Effective date of annulment is date of judgment. 18. Which of the following is not true of a divorce under Article 102? A. The period of separation is 180 days if there are no minor children and 365 days if there are. B. An immediate divorce may be granted in cases of adultery. C. A petition must be filed to commence the action. D. The cause of action is extinguished by reconciliation. (Questions continue on following page.) -8-

9 19. Mini-hypo for Questions 19 and 20: Your client was born and raised in Louisiana. Her husband is from Texas. They married eight years ago in Louisiana, and they moved to Texas, where they had two children and lived together for eight years. She separated and last week moved back to Louisiana with the children. She lives with her parents and has found a job with the school district. What is the advice you should give her? A. She may immediately file for divorce, custody, support and division of community property in Louisiana. B. She should immediately file for divorce in Louisiana, asking everything but support and division of community property. C. While she may file immediately for divorce in Louisiana, she should immediately hire a Texas attorney. D. She should stay out of Texas. 20. If the husband living in Louisiana is sent a waiver, consent and acceptance of service to sign for filing in a Minnesota court (the wife having just moved to Minnesota three months ago and the husband having no contacts with Minnesota), and if he signs the waiver, of what issues will a Minnesota court acquire immediate jurisdiction? A. Only the divorce B. All issues, including the divorce, custody, property and support C. All issues except child custody D. No issues, as she has not lived in Minnesota for six months QUESTION III Extra credit 1. In not more than one handwritten page, identify a principle of family law that you feel needs changing, expanding or abolishing, explaining your proposed change and stating why you feel this is needed. -9-