Professor Franks
Final Examination, Spring 2010
| 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. |
THE HYPOTHETICAL:
Joe Sixpack and Sally Sue Simple were born and raised in Possum Trot, Alabama. They dropped out of high school together. Desirous of being married, they drew up a handwritten “marriage contract” in which they agreed that they were now husband and wife. This was in June 2004. They took their “marriage contract” to an Alabama notary, and he notarized it for them. Notaries in Alabama are not permitted to perform marriages, nor are notaries anywhere else for that matter (except notaries in Maine and Florida). After living together for five years, Joe was laid off from his lawn-mowing job in 2009 due to bad economic conditions. He finally managed to land a job in January 2010 – working for a Conoco gas station and convenience store in Kickapoo, Louisiana. Sally Sue Sixpack moved to Louisiana with Joe. Sally Sue felt that it was time they should be properly married in the eyes of the Lord. Joe knew a clergyman, Jimmy Staggert, who works the night shift at the Conoco station and convenience store. So Joe and Sally Sue re-drew their handwritten “marriage contract” and took it to Reverend Jimmy. Reverend Jimmy holds his minister’s credentials with the Universal Life Church. The Universal Life Church of Modesto, California, sells mail-order minister’s credentials to anyone willing to pay for them. His certificate as a clergyman is thumb-tacked on the bulletin board in the tiny office of the convenience store. Reverend Jimmy has never registered to perform marriages with any clerk of court in Louisiana, or anywhere else for that matter. The good reverend took the “marriage contract” that Joe and Sally Sue presented to him. He smiled at them, and they smiled back. Once they had signed the document, and without uttering a single word, Reverend Jimmy wrote “I now pronunsh you man and wiff” on the document and then signed it. |
PLEASE ANSWER THE FOLLOWING:
Are Joe and Sally Sue married? If so, when, where and why? If not, why not? |
PLEASE ANSWER THE FOLLOWING:
| II-A. | Name two ways in which Yu and Liu assert that divorce impacts the environment. |
| II-B. | A single parent whose minor child was injured aboard a Greyhound bus wishes to file a diversity action against Greyhound in federal court in Shreveport. What if anything must he or she do to have procedural capacity to sue? |
| II-C. | According to Professor Ghetti, at what point in a relationship is physical violence most likely to occur? |
| II-D. | According to Barbara Dafoe Whitehead, in what way does she feel that Dan Quayle Was Right? |
| II-E. | There were three main lines of questioning in Professor Franks’s cross-examination of Dr. Paul Race. Very briefly describe or name them, in proper order. |
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