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- Hank wants to be named the domiciliary parent or else to force Wendy to move back to the Lafayette area with Sonny. Please advise Hank on the following items. You must give full reasons for your answers in order to receive credit; answers with no explanation will be given no credit. Explain how the present custody arrangement is classified under Louisiana law.
- Explain what Hank must prove in order to change the present custody arrangement and whether there would be any difference if no domiciliary parent had been designated in the present custody arrangement. Explain in what venue or venues in Louisiana Hank may file an action to modify the present custody arrangement. Sonny has confided to Hank that he Sonny does not like Bill. According to Sonny, Bill generally spends the night with Wendy and often drinks a lot. Sonny has indicated that Bill has a violent temper, particularly after he has been drinking.
- Although Bill has apparently never hit Sonny, Sonny has indicated that Bill has threatened to do so if Sonny does not do what Bill asks. Hank is also concerned about Wendys health. Wendy recently told Hank that, since their divorce, she has had difficulty sleeping, has felt depressed and has been taking sleeping pills to help her sleep. One of Wendys sisters who visited Wendy in Juneau told Hank that she thought Wendy might have been on something and that Wendy was not her normal self. Hank believes that these problems are affecting Sonny. He has noticed that Sonny is having difficulty with his schoolwork and that his grades have declined. Hank has come to you for further advice. Hank is worried that Wendy is no longer capable of adequately caring for Sonny and herself.
- Please advise Hank on the following issues. Again, you must give full reasons for your answers in order to receive credit; answers without explanation will receive no credit. Explain the factors the court is to consider in determining whether to modify the initial custody arrangement, and discuss any factors of particular relevance. Explain how Hank may obtain a court order requiring Wendy to undergo a mental evaluation. Explain how Hank may obtain temporary custody of Sonny in light of Wendys condition, and how long may this temporary order last. Frank died intestate in and was survived by his wife Martha and their three adult childrenAaron, Bob and Cindy. Franks succession was opened and a valid judgment of possession declaring the three children as equal co-owners of Whiteacre was rendered and duly recorded in the Avoyelles Parish conveyance records.
- Cindy then immediately sold her one-third share of Whiteacre to Aaron. Within two weeks after that sale, Aaron and Bob were in a serious car accident. Although Aaron just broke his wrist, Bob was rendered paraplegic, deaf and mentally incompetent for the rest of his life. Thus, for example, Bob could no longer sign his own name and has remained totally incapable of handling his own affairs. The time and devotion of Martha and Cindy in caring for Bob have enabled him to live with Cindy in New Orleans without being institutionalized. Despite Bobs known mental incompetence, no legal action was taken until when Cindy filed a petition to have Bob interdicted and obtained a judgment of interdiction appointing her as Bobs curatrix and specifically referencing Bobs interest in Whiteacre. Meanwhile, in , Aaron sought to acquire Bobs one-third share of Whiteacre. Aaron first contacted Cindy, but she refused his offer. Aaron then went to their mother, Martha.
- In , Aaron obtained and duly recorded a Quitclaim Deed that identified Bob as the seller and recited that Bob was a single man over the age of twenty-one years, represented by Martha, as his duly authorized representative. Martha signed the Quitclaim Deed on Bobs behalf, but no power of attorney or other evidence of authorization was referred or attached to the Quitclaim Deed or otherwise recorded in the Avoyelles Parish conveyance records. In , Aaron moved into the house Frank had built on Whiteacre. He and his wife have lived there ever since and have paid the upkeep expenses for the house. He also built a fence along the boundaries of the property to protect against neighboring cattle tromping over the property, has grown soybeans and hay on the property and has paid all of the annual property taxes.
- Aaron has not paid any money to Bob through Cindy or otherwise regarding Whiteacre, nor has Bob through Cindy or otherwise paid any money to Aaron regarding Whiteacre. Cindy now wants to sell Bobs interest in Whiteacre to generate some additional cash to pay for Bobs living expenses. She asked Aaron if he is interested in purchasing Bobs one-third interest in Whiteacre, but Aaron informed her that he already owned all of Whiteacre; he gave her a copy of the Quitclaim Deed, about which she was previously unaware. Cindy has asked you to advise her on the following issues. Full answers are required in order to receive credit; answers without explanation will receive no credit.
- Explain whether the Quitclaim Deed did or did not validly transfer Bobs one-third interest in Whiteacre to Aaron. Explain whether Aaron may properly assert any claim to ownership of Bobs initial interest in Whiteacre based on Aarons possession of Whiteacre. Explain what legal action, if any, Cindy should take to protect Bobs interest in Whiteacre. Explain whether Bob through Cindy is entitled to any moneys from Aaron with respect to Whiteacre and whether Aaron is entitled to any moneys from Bob through Cindy with respect to Whiteacre. But to do so, it first had to obtain additional electric power connections from the local electric utility company and to have a new electrical substation built to handle these connections.
- After obtaining all regulatory approvals for this arrangement, Substation Company negotiated an agreement with Quality Farm for the right to install an electric substation on Quality Farms land, with in an incoming, overhead high-voltage electric transmission line from the local electric utility companys existing distribution tower on Quality Farms property and with up to five outgoing, underground lower-voltage electric distribution lines for delivering electric power to any customer Substation Company might obtain. The agreement further provides that, upon termination of the agreement, Substation Company must restore the land to its prior condition. This agreement was duly recorded in the local parish conveyance records in Substation Company promptly built this electric substation on a cement slab within a specified 50'x50' area on Quality Farms parcel and surrounded it with a locked chainlink fence.
- Several, multi-ton pieces of electrical equipment constituting the electric substation are permanently bolted to this slab. For protection against weather and passers-by, the various meters and other necessary equipment for this substation are enclosed by four walls and a roof, all made of corrugated metal. To comply with local zoning requirements, the outer walls are painted blue and shrubs are planted around three of the four walls. But only two of these three lines have been in continual use since ; the third line was last used in Substation Company has just announced that it has obtained an additional customer, who will need its own, new, separate electric distribution line running from Substation Companys substation.
- Substation Company intends to install a new, fourth electric distribution line to service this new customer. Quality Farm has advised that Substation Company should use one or more of the existing distribution lines to service this new customer and that Quality Farm would seek to enjoin Substation Companys building a fourth distribution line and would also seek to compel Substation Company to remove the distribution line that has been out of service since Quality Farm gave two reasons. First, Quality Farm asserted that, since Substation Company had not built any additional distribution lines for over twelve years and has also stopped using one of the existing lines during that same period, it has abandoned and lost its right to do so now.
- Second, Quality Farm contends that a new distribution line is unnecessary and would disturb Quality Farms crops. Substation Company has now come to you for advice. In advising Substation Company, answer the following questions, giving full reasons for your answers. You must give full reasons for your answers in order to receive credit; answers without explanation will receive no credit.
- How are Substation Companys initial outgoing electric distribution lines across Quality Farms land classified under the Civil Code? How is Substation Companys electric substation itself classified under the Civil Code? Discuss whether Quality Farm has the right to prohibit Substation Company from building this proposed fourth electric distribution line. Discuss whether Quality Farm has the right to compel Substation Company to remove at this time the electric distribution line that has been out of service since Select the letter that corresponds to the correct answer.
- They built and moved into a house on 10 acres that Susan previously owned in Evangeline Parish with hopes for a big family. Susan already had a child from a previous relationship, Abel. Susan and Ted initially had difficulty conceiving. Because his work schedule kept him away from home for weeks at a time, Ted stored his sperm with a clinic so that Susan could participate in artificial insemination treatments when the time was right without regard for his schedule. As part of the arrangement with the clinic, Ted signed an agreement that expressly allowed Susan to use his sperm for artificial insemination purposes. The agreement provided that Teds sperm would be stored until five years after his death. The Act of Donation stated, in pertinent part: I, Susan, hereby donate my property see attachment to Teds brother. The full legal description of the subject property was attached to the Act of Donation.
- Susan signed and dated the Act of Donation and filed it in the public records of Evangeline Parish. Jim was incarcerated at the time, so he had his attorney to write a letter to Susan and accept the donation on his behalf. Upon his release, Jim made his residence on the donated property along with his girlfriend, Kathy. Ultimately, the fertility treatments were successful and Susan conceived a child about six months before Ted died intestate and of unknown causes in December The child, Brad, was born three months after Teds death. Teds succession was not opened at that time. About nine months after Brad was born, Susan again participated in artificial insemination using the sperm stored by Ted at the clinic.
- The treatments were again successful and a second son, Cameron, was born in August Jim and Kathy began having domestic difficulty after Teds death. Once Cameron was born, Kathy moved out of Jims house and moved in with Susan to assist her with the children. To thank her for her sacrifice, Susan named Kathy as a 50 percent beneficiary on her life insurance policy. For the other 50 percent, she just wrote estate.
- Over time they grew apart, and they obtained a judgment of divorce on April 1, They have one child, Sonny, who was thirteen at the time of their divorce. On their joint, one-page ex parte motion, the 15th Judicial District Court for the Parish of Lafayette awarded them joint custody of Sonny, designated Wendy as the domiciliary parent and granted Hank visitation with Sonny for various holidays and a nine-day period each month beginning the first Saturday of the month.
- Initially, this arrangement worked out well because Hank and Wendy lived close to each other after the divorce, remained friends and showed no hostility towards each other. Wendy met Bill at a friends wedding in Juneau, Alaska in January A few months later, Bill asked her to move to Juneau. Without consulting with Hank, she moved to Juneau with Sonny in August Given the distance to Juneau, Hank has been unable to see Sonny regularly since then.
- He now lives in Vermilion Parish just outside of Lafayette. Hank wants to be named the domiciliary parent or else to force Wendy to move back to the Lafayette area with Sonny. Please advise Hank on the following items. You must give full reasons for your answers in order to receive credit; answers with no explanation will be given no credit. Explain how the present custody arrangement is classified under Louisiana law. Explain what Hank must prove in order to change the present custody arrangement and whether there would be any difference if no domiciliary parent had been designated in the present custody arrangement. Explain in what venue or venues in Louisiana Hank may file an action to modify the present custody arrangement. Sonny has confided to Hank that he Sonny does not like Bill. According to Sonny, Bill generally spends the night with Wendy and often drinks a lot. Sonny has indicated that Bill has a violent temper, particularly after he has been drinking.
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Although Bill has apparently never hit Sonny, Sonny has indicated that Bill has threatened to do so if Sonny does not do what Bill asks. Hank is also concerned about Wendys health. Wendy recently told Hank that, since their divorce, she has had difficulty sleeping, has felt depressed and has been taking sleeping pills to help her sleep. One of Wendys sisters who visited Wendy in Juneau told Hank that she thought Wendy might have been on something and that Wendy was not her normal self. Hank believes that these problems are affecting Sonny. He has noticed that Sonny is having difficulty with his schoolwork and that his grades have declined. Hank has come to you for further advice.- Hank is worried that Wendy is no longer capable of adequately caring for Sonny and herself. Please advise Hank on the following issues. Again, you must give full reasons for your answers in order to receive credit; answers without explanation will receive no credit. Explain the factors the court is to consider in determining whether to modify the initial custody arrangement, and discuss any factors of particular relevance. Explain how Hank may obtain a court order requiring Wendy to undergo a mental evaluation. Explain how Hank may obtain temporary custody of Sonny in light of Wendys condition, and how long may this temporary order last. Frank died intestate in and was survived by his wife Martha and their three adult childrenAaron, Bob and Cindy. Franks succession was opened and a valid judgment of possession declaring the three children as equal co-owners of Whiteacre was rendered and duly recorded in the Avoyelles Parish conveyance records.
- Cindy then immediately sold her one-third share of Whiteacre to Aaron. Within two weeks after that sale, Aaron and Bob were in a serious car accident. Although Aaron just broke his wrist, Bob was rendered paraplegic, deaf and mentally incompetent for the rest of his life. Thus, for example, Bob could no longer sign his own name and has remained totally incapable of handling his own affairs. The time and devotion of Martha and Cindy in caring for Bob have enabled him to live with Cindy in New Orleans without being institutionalized. Despite Bobs known mental incompetence, no legal action was taken until when Cindy filed a petition to have Bob interdicted and obtained a judgment of interdiction appointing her as Bobs curatrix and specifically referencing Bobs interest in Whiteacre.
- Meanwhile, in , Aaron sought to acquire Bobs one-third share of Whiteacre. Aaron first contacted Cindy, but she refused his offer. Aaron then went to their mother, Martha. In , Aaron obtained and duly recorded a Quitclaim Deed that identified Bob as the seller and recited that Bob was a single man over the age of twenty-one years, represented by Martha, as his duly authorized representative. Martha signed the Quitclaim Deed on Bobs behalf, but no power of attorney or other evidence of authorization was referred or attached to the Quitclaim Deed or otherwise recorded in the Avoyelles Parish conveyance records. In , Aaron moved into the house Frank had built on Whiteacre. He and his wife have lived there ever since and have paid the upkeep expenses for the house. He also built a fence along the boundaries of the property to protect against neighboring cattle tromping over the property, has grown soybeans and hay on the property and has paid all of the annual property taxes.
- Aaron has not paid any money to Bob through Cindy or otherwise regarding Whiteacre, nor has Bob through Cindy or otherwise paid any money to Aaron regarding Whiteacre. Cindy now wants to sell Bobs interest in Whiteacre to generate some additional cash to pay for Bobs living expenses. She asked Aaron if he is interested in purchasing Bobs one-third interest in Whiteacre, but Aaron informed her that he already owned all of Whiteacre; he gave her a copy of the Quitclaim Deed, about which she was previously unaware.
- Cindy has asked you to advise her on the following issues. Full answers are required in order to receive credit; answers without explanation will receive no credit. Explain whether the Quitclaim Deed did or did not validly transfer Bobs one-third interest in Whiteacre to Aaron. Explain whether Aaron may properly assert any claim to ownership of Bobs initial interest in Whiteacre based on Aarons possession of Whiteacre. Explain what legal action, if any, Cindy should take to protect Bobs interest in Whiteacre. Explain whether Bob through Cindy is entitled to any moneys from Aaron with respect to Whiteacre and whether Aaron is entitled to any moneys from Bob through Cindy with respect to Whiteacre.
- But to do so, it first had to obtain additional electric power connections from the local electric utility company and to have a new electrical substation built to handle these connections. After obtaining all regulatory approvals for this arrangement, Substation Company negotiated an agreement with Quality Farm for the right to install an electric substation on Quality Farms land, with in an incoming, overhead high-voltage electric transmission line from the local electric utility companys existing distribution tower on Quality Farms property and with up to five outgoing, underground lower-voltage electric distribution lines for delivering electric power to any customer Substation Company might obtain.
- The agreement further provides that, upon termination of the agreement, Substation Company must restore the land to its prior condition. This agreement was duly recorded in the local parish conveyance records in Substation Company promptly built this electric substation on a cement slab within a specified 50'x50' area on Quality Farms parcel and surrounded it with a locked chainlink fence. Several, multi-ton pieces of electrical equipment constituting the electric substation are permanently bolted to this slab.
- For protection against weather and passers-by, the various meters and other necessary equipment for this substation are enclosed by four walls and a roof, all made of corrugated metal. To comply with local zoning requirements, the outer walls are painted blue and shrubs are planted around three of the four walls. But only two of these three lines have been in continual use since ; the third line was last used in Substation Company has just announced that it has obtained an additional customer, who will need its own, new, separate electric distribution line running from Substation Companys substation.
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Substation Company intends to install a new, fourth electric distribution line to service this new customer. Quality Farm has advised that Substation Company should use one or more of the existing distribution lines to service this new customer and that Quality Farm would seek to enjoin Substation Companys building a fourth distribution line and would also seek to compel Substation Company to remove the distribution line that has been out of service since Quality Farm gave two reasons. First, Quality Farm asserted that, since Substation Company had not built any additional distribution lines for over twelve years and has also stopped using one of the existing lines during that same period, it has abandoned and lost its right to do so now.Indiana Plans Remote July Bar Exam, And Nevada Considers Open-book Test
Second, Quality Farm contends that a new distribution line is unnecessary and would disturb Quality Farms crops. Substation Company has now come to you for advice. In advising Substation Company, answer the following questions, giving full reasons for your answers. You must give full reasons for your answers in order to receive credit; answers without explanation will receive no credit. How are Substation Companys initial outgoing electric distribution lines across Quality Farms land classified under the Civil Code? How is Substation Companys electric substation itself classified under the Civil Code? Discuss whether Quality Farm has the right to prohibit Substation Company from building this proposed fourth electric distribution line. Discuss whether Quality Farm has the right to compel Substation Company to remove at this time the electric distribution line that has been out of service since Select the letter that corresponds to the correct answer. They built and moved into a house on 10 acres that Susan previously owned in Evangeline Parish with hopes for a big family.Bar Exam FAQs - Standardized Tests :: Bar Exam Information :: W&L Law School
Susan already had a child from a previous relationship, Abel. Susan and Ted initially had difficulty conceiving. Because his work schedule kept him away from home for weeks at a time, Ted stored his sperm with a clinic so that Susan could participate in artificial insemination treatments when the time was right without regard for his schedule. As part of the arrangement with the clinic, Ted signed an agreement that expressly allowed Susan to use his sperm for artificial insemination purposes. The agreement provided that Teds sperm would be stored until five years after his death. The Act of Donation stated, in pertinent part: I, Susan, hereby donate my property see attachment to Teds brother. The full legal description of the subject property was attached to the Act of Donation. Susan signed and dated the Act of Donation and filed it in the public records of Evangeline Parish. Jim was incarcerated at the time, so he had his attorney to write a letter to Susan and accept the donation on his behalf.
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