FINAL Family Law Johnson summer 17 (2)
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Family Law – Prof. Johnson – Summer 2017 Page 1 of 5
UNIVERSITY OF BALTIMORE SCHOOL OF LAW FINAL EXAM
COURSE COURSE NAME
Family Law
SECTION
716-512 and 716-512G
PROFESSOR Margaret E. Johnson
SEMESTER/YEAR
Summer 2017
ACKNOWLEDGEMENT OF HONOR CODE
By writing my blind grading number in the space below, I acknowledge that I have read and understand my obligations under the Law School Honor Code, and I affirmatively state that I will not engage in any conduct that is prohibited by the code. I also affirm that I have read the list of permitted materials below and affirm that I will not access any materials that are not explicitly listed below for this exam. My blind grading number is: __________
PERMITTED MATERIALS
LENGTH OF EXAM
3 hours
TYPE OF EXAM
OPEN BOOK– ANY PRINTED MATERIALS ARE PERMITTED ADDITIONAL INSTRUCTIONS FROM PROFESSOR
Handwriters
: Please write single sided
, double-spaced, and fill in your blind ID number on each blue book. The examination consists of four parts, each of which you need to complete. Each part’s corresponding percentage of your final examination raw score is listed below:
Question 1: 20 points out of 100 total points for exam
Question 2: 30 points out of 100 total points for exam
Question 3: 35 points out of 100 total points for exam
Question 4: 15 points out of 100 total points for exam
Questions 1-4 are each based on a different fact pattern and have subparts. Please answer each
and every subpart. Do not assume facts contrary to those stated. If you feel any additional facts or assumptions are necessary in answering any question, please state such additional facts
or assumptions and why you believe they are necessary.
Family Law – Prof. Johnson – Summer 2017 Page 2 of 5
Good luck and have a wonderful rest of the summer!
Question 1 (20 points)
Harry and Wilma, who lived together in Washington, D.C., dated for six months before they decided to give each other bands to wear on their left hands and call each other husband and wife in public. They lived this way from January 2013-December 2014. In January 2015, Harry, dissatisfied with their relationship, decided to end it and moved away from Wilma to Baltimore City, Maryland. He bought a house, and got a new job in the City. He never spoke to Wilma again. Six months later, Harry met Sally at Turp's Sports Bar and they became inseparable thereafter. After a month of living together, they decided it was true love and decided to get married. They applied for a license and got a friend who was ordained through the Universal Church of Light to perform the wedding ceremony, which they held in Ocean City, MD on January 1, 2016.
In February 2016, Sally discovered she was pregnant. On October 5, 2016, Sally found out that Harry had been spending many nights at the Horseshoe Casino in Baltimore City and had gambled away all of the money they had put in their joint savings account. Sally also found out that Harry owed a lot of money to friends from whom he had borrowed extra money. Sally moved out of the house and went to live with a friend in Rockville, Maryland. She stopped contacting Harry. Sally went into labor on November 25, 2016, and later that same day gave birth to a baby girl at the hospital. She listed herself as the only parent on the hospital paperwork. A.
Are Harry and Sally validly married? Why or why not? (10 points)
B.
Is Harry the legal parent of the baby girl? Why or why not? (10 points)
Family Law – Prof. Johnson – Summer 2017 Page 3 of 5
Question 2 (30 points)
Ellen and Portia began dating in 2007. In 2008, Ellen was injured in an accident and was awarded $500,000 for her injuries. Ellen invested the money in a money-market account titled in her name. In 2010, Ellen, who no longer worked because of her disability, and Portia, who has worked as a teacher for three years, got married. Ellen received a social security disability payment of $2,500 per month and Portia made $3,800 per month at her job. They deposited these monies in a joint checking and savings account opened after they were married.
Six months after their marriage, they purchased a house for $400,000 using Ellen’s accident money to pay for it in full. The house was titled in Ellen’s name only.
In 2012, the couple wanted to renovate the kitchen. They changed the ownership status of the house to tenants by the entireties, and Ellen and Portia borrowed together $20,000 as a home equity loan. They used the loan and $10,000 from their joint savings account to pay for the renovations. The monthly house payment on the home equity loan was made from their joint checking account. In 2017, Ellen and Portia decided to get a divorce. Portia filed for the divorce, and, in her complaint, listed the house and the checking and saving accounts as marital property subject to equitable distribution. You are the law clerk for the presiding judge. The judge asks you to present a memorandum addressing the following:
A.
What is the status of the house throughout the marriage as to marital or non-marital
property and its final status at the time of the divorce? Also, does the home qualify as
a family home? Explain fully. (15 points)
B.
For purposes of this question (2B), assume the house is marital property upon divorce.
Discuss upon which factors the court will most heavily rely in determining how to
equitably distribute the house and make a monetary award. Explain fully. (15 points)
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Family Law – Prof. Johnson – Summer 2017 Page 4 of 5
Question 3 (35 points)
Tom and Rita were married in Anne Arundel County in January 2012. Thereafter, they bought a house near the water in Anne Arundel County. They had two children, Bob, who was born in January 2013, and Don, who was born in January 2015. Rita passed away in January 2016. In March 2016, Tom began dating Scarlett, and they married in July 2016. Scarlett has not adopted
the children. Tom and Scarlett continue to live in the Anne Arundel County house.
Rita was Jim and Natalie's only child. Prior to Rita's death, Jim and Natalie saw the children frequently. They lived (and continue to live) in Prince George's County, about twenty minutes from Tom's home. Natalie babysat the children every Monday afternoon. About once a month, the children would spend the weekend at Jim and Natalie's home. During those weekends, Jim and Natalie did all of the caretaking of the children. On Mondays prior to Rita’s death, Natalie would pick Bob up from preschool and had a good relationship with the preschool teachers. Don began attending this preschool as well in January 2017, following his second birthday.
After Rita’s death, Jim and Natalie continued to see the children according to the previous schedule until March 2016. After Tom started dating Scarlett, he refused to allow Jim and Natalie to see the children, telling them that the children needed to forget Rita and accept Scarlett as their mother. Natalie has sent presents to the children for birthdays and holidays. She has tried to call several times in the past year, but Tom and Scarlett never take or return her
calls.
Natalie recently spoke with the preschool teachers. They told her that Tom was doing a very good job parenting the children. Don’s teacher told Natalie that he never talks about his grandparents and does not seem to remember Rita. Bob’s teacher told Natalie that Bob talks about Grandma Natalie on occasion, and that Bob cried recently when the school had a grandparents’ day. Bob told his teacher he was sad because his Grandma Natalie was not there.
Jim and Natalie are extremely upset by this situation and have come to you, a licensed Maryland attorney, and asked if anything can be done in order to secure custody or visitation with the children. A.
What would you advise Jim and Natalie? (25 points)
B.
If you filed a custody or visitation claim for Jim and Natalie, where would you file it and why? (10 points)
Family Law – Prof. Johnson – Summer 2017 Page 5 of 5
Question 4 (15 points)
You work for a member of Maryland's General Assembly who has received an inquiry from a constituent concerned about the constitutionality of Maryland's bigamy statute. Your member asks you to present a memorandum addressing the following:
A.
Using any or all of the opinions in Lawrence
and Obergefell
, identify the strongest arguments in favor of the constitutionality of the bigamy statute. (7.5 points)
B.
Using any or all of the opinions in Lawrence
and Obergefell
, identify the strongest arguments in opposition to the constitutionality of the bigamy statute. (7.5 points)
****** END OF EXAM ******