Professor Franks
Final Examination, Spring 2006
| 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-A." |
| 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. |
You are now a judge of the Family Court for the Parish of East Baton Rouge. Consider the following facts from your viewpoint as the judge.
Bubba and Betsy Sue were married in 1996 and lived in Baton Rouge, Louisiana. They had one child, Robert, now age 6.
The two had a major disagreement and, on 14 August 2005, Betsy Sue left Louisiana, taking little Robert with her and returning to her old home town to live with her parents in Canton (Madison County), Mississippi.
Sometime thereafter, Bubba left Baton Rouge and headed to Little Rock (Pulaski County), Arkansas. Bubba waited more than the sixty days' residence required under Arkansas law and on 23 December 2005 filed for divorce in the Chancery Court of Pulaski County, Arkansas. The court awarded Bubba a decree of divorce on 30 January 2006.
Betsy Sue had brought an action for divorce in the Chancery Court of Madison County, Mississippi. On 14 February 2006, the Chancery Court of Madison County, Mississippi, granted Betsy Sue a divorce and sole permanent custody of little Robert.
On 10 April 2006, Betsy Sue returned to live in Baton Rouge. Bubba, having now hired a Louisiana lawyer, wants custody of Robert. He began a suit in the Family Court of East Baton Rouge Parish, Louisiana.
Betsy Sue filed answer stating that she has custody under a Mississippi decree and asking the Louisiana court to enforce the Mississippi custody decree.
Must your court enforce the Mississippi decree? Discuss fully.
PLEASE ANSWER THE FOLLOWING:
| II-A. | Explain “renvoi.” |
| II-B. | Explain “depeçage.” |
Return to The Castle Classroom