Professor Franks
Final Examination, Spring 2008
| 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." |
| 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. |
Back in 2004, Bob and Jim, longtime domiciliaries of the New Orleans French Quarter, met at Lafitte's-in-Exile (a gay bar in New Orleans) and decided to elope to Massachusetts to wed. After their wedding in Boston nearly four years ago (fully valid under Massachusetts law), they returned to Louisiana and lived together as husband and husband until six months ago.
Bob comes to your office and tells you his story:
I was being verbally abused by my husband. He committed adultery on me. I no longer love him. We separated 181 days ago. I've since met Geraldine, and I plan to go straight. I've renounced the gay life. Geraldine and I wish to marry. What are my rights? What should I do? And I've been offered a job in Massachusetts and wonder if Geraldine and I can move there after our wedding.
Discuss Bob's rights and remedies and advise him what to do.
Reader's Digest Books has announced its intention to publish Everyone's Guide to Family Law, a consumer's handbook summarizing the marriage, divorce and family laws of all fifty states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam and American Samoa. Featuring an introduction by "Dr. Phil" McGraw and a foreword by Jerry Springer, this book will be sold to the general public to educate ordinary people about family law.
Having heard of your expertise in Louisiana Family Law, the board of editors of The Reader's Digest has commissioned you to write just the Louisiana chapter for this exciting new book.
Please do so now. Be sure to include at least one paragraph (but no more than two paragraphs) on each of the following topics:
| A. | Antenuptial contracts |
| B. | Marriage ceremonies |
| C. | Who may officiate |
| D. | Impediments to marriage |
| E. | Absolute nullity |
| F. | Relative nullity |
| G. | Grounds for divorce from non-covenant marriages |
| H. | Jurisdiction and venue for divorce |
| I. | Modification of custody |
| J. | Child support |
| K. | Disavowal of paternity |
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