DOMESTIC AND FAMILY LAW
SYLLABUS: PLG 373 SPRING 2008
(3) Credits UNIVERSITY OF GREAT FALLS
PROFESSOR DANIEL E. SHANNON
HOME NUMBER: 727-4950
OFFICE: 727-3551
CELL PHONE: 791-3551
EMAIL: DShannon@slsfirm.com
My Computer has a Virus Protector and if an email is sent with a virus it will not be opened. Please check to ensure what you are sending is free of virus before sending.
Always put your name on all papers and keep a copy for your records.
OFFICE HOURS AS POSTED OR BY APPOINTMENT
This Class is a Legal Specialty Course for Paralegal Majors.
PREREQUISITE: None
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As an expression of the teaching mission of Jesus Christ, the mission of the University of Great Falls is to provide students with the opportunity to obtain a liberal education for living and for making a living. The University of Great Falls was founded through the collaborative efforts of the Sisters of Providence, the Ursuline Sisters, the Catholic Bishop of Great Falls and the civic community all of whom recognized societal need for higher education. Its educational mission, sponsored by the Sisters of Providence, continues to be the shared endeavor of dedicated people. The University cooperates with both private and public institutions to attain goals consistent with its educational purpose and values. The University continually and responsibly evaluates its operation and programs. It develops professional and career programs and continuing education courses designed in view of society’s present and future needs as well as traditional academic degrees in appropriate fields.
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The University offers students a foundation for actively implementing Gospel values and the teaching of Jesus within the Catholic tradition; it serves students of all beliefs who wish to take advantage of its programs. The faculty and staff of the University join with students in a cooperative and enthusiastic search for truth, so that students may develop: Character have a positive impact on the world and to the communities in which they live and work, particularly by recognizing and accepting personal accountability to themselves, to society, and to God; Competence further their ability to live full and rewarding lives by becoming competent working members of society who know the basics of their professional field and have access to future learning; Commitment find meaning in life which enables them to participate effectively in society while transcending its limitations, by living according to their own moral and religious convictions, as well as by respecting the dignity and beliefs of other people. |
University of Great Falls graduates ENGAGE THE QUESTIONS
What does it mean to be human? The university encourages students to
- appreciate the inherent value and interrelatedness of all God's creation
- appreciate the inherent dignity of every person
- appreciate and value cultural differences and similarities
- appreciate that community is essential to being and becoming human
- appreciate the responsibility to maintain and strengthen society by helping others and advancing justice
- appreciate the value of aesthetic and creative expression.
What does it mean to participate in intellectual inquiry? The university encourages students to
- dedicate themselves to the pursuit of truth and knowledge
- cherish the cumulative wisdom of human inquiry, past and present as a means to enrich the future
- civilly question and challenge, and remain open to being questioned and challenged, in pursuit of the common good
- think critically and creatively, analyze situations and proposals accurately; identify issues, evaluate and appreciate alternative positions.
What does it mean to "make a living" and to live as a productive human being? The university encourages students to
- communicate clearly and effectively in multiple modes of discourse
- identify problems and articulate appropriate solutions
- accept the consequences of their decisions and actions
- dedicate themselves to their field of endeavor
- possess expertise in a specific area and appreciation of other areas
- value the importance of personal health.
What does it mean to participate in the spiritual and religious dimensions of life? The university encourages students to
- explore religious world views and value systems and their implications for living
- contemplate spirituality, the meaning of God, religion, and the gospel of Jesus Christ and their importance for living
- further God's work of reaching out to humanity
- make sound moral judgments
- appreciate the Christian and Catholic traditions.
SCHOOL OF HUMAN SERVICES GOALS
Ø To prepare students to qualitatively and quantitatively study human and social issues and institutions in order to allow them to make contributions the quality of they're own and others' lives.
Ø To assist students to think critically about and to react resiliently in influencing the problems of dignity and justice confronting them, others, and communities.
Ø To assist students to think ethically about issues, which affect individuals and communities, and to make reasoned moral choices about courses of action open in influencing these issues.
Ø To prepare students to understand themselves, their roles in the local and global communities, and their responsibility to be a catalyst for social change and stability.
ACADEMIC MISCONDUCT
Students are expected to exhibit high standards of academic conduct. All acts of dishonesty in academic work constitute academic misconduct. Such acts include:
Ø Cheating: Use or attempted use of unauthorized material or the work of another student in any academic assignment, paper, or examination.
Ø Plagiarism: Intentional representation of another’s work as one’s own. This includes the unauthorized and unacknowledged use of the phrases, sentences, paragraphs, ideas, illustrations, drawings, photographs, or computer programs of another.
The course instructor is the initial judge of whether a student is guilty of academic misconduct. Should a student disagree with an instructor’s judgment, the student may appeal the instructor’s decision by following the “Procedure for Student Appeal in Academic Matters” in the Student Handbook.
The minimum penalty for an act of academic misconduct shall be a grade of “F” (failure). Severe or repeated instances of academic misconduct will result in more severe sanctions up to and including expulsion.
TEXT: FAMILY LAW
HARRY D. KRAUSE
WEST PUBLISHING
ISBN# 0-314-56579-5
MCA STATUTES: TITLE 40 FAMILY LAW
HANDOUTS ON CHILD SUPPORT AND FINANCIAL AFFIDAVIT
Sample Forms Available on UGF Website under PLG 373 for Spring 2006
EXAM: MID-TERM AND FINAL EXAM
EXAM GRADED ON:
1. 90% TO 100% = "A"
2. 80% TO 89% = "B"
3. 70% TO 79% = "C"
4. 60% TO 69% = "D"
5. BELOW 60% = "F"
CLASS GRADE BASED ON:
1. MIDTERM EXAM 20%
2. FINAL EXAM 25%
3. ASSIGNMENTS 50%
4. CLASS PARTICIPATION 05%
CLASS OBJECTIVE: THE OBJECTIVE OF THIS CLASS IS TO TRAIN THE PARALEGAL TO DRAFT DISSOLUTION PETITIONS, ADOPTION PETITIONS, GUARDIANSHIPS AND TO DETERMINE CHILD SUPPORT, DRAFT PROPERTY AND CHILD CUSTODY PARENTING PLANS. AT THE END OF THE CLASS, THE PARALEGAL WILL BE TRAINED TO DO A DIVORCE FROM START TO FINISH. YOU SHOULD BE ABLE TO STEP INTO A LAW FIRM ANDPERFORM THE NECESSARY PAPERWORK FOR THE ATTORNEY’S REVIEW. THIS AREA OF THE LAW IS EXTREMELY PAPER DRIVEN AND IS AN AREA OF THE LAW IN WHICH A PARALEGAL PERFORMS MUCH OF THE ACTUAL DOCUMENT PREPARATION AND PRELIMINARY WORK. EACH STUDENT IS RESPONSIBLE FOR DRAFTING ALL DOCUMENTS ASSOCIATED WITH THE MOCK DIVORCE. YOU MUST MAKE SURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR CLIENT’S CONFIDENCES.
MAJOR CLASS PROJECT: THE STUDENT WILL DRAFT ALL DOCUMENTS ASSOCIATED WITH A CONTESTED DISSOLUTION PROCEEDING INVOLVING CHIDLREN, ALIMONY AND DIVISION OF PROPERTY. ALL OF THE REQUIRED FORMS WILL BE DISCUSSED IN CLASS AND EXAMPLES OF EACH ARE AVAILABLE ON THE INTERNET BY CLICKING ON PLG 373 FOR SPRING ON THE UGF WEB. FORMS ARE FOR EDUCATIONAL PURPOSES. NO UNATHORIZED PRACTICE OF LAW! THE FACT SCENARIO WHICH SERVES AS THE BASIS FOR THE PROJECT IS ALSO AVAILABLE ON THE UGF WEB.
WEEKLY ASSIGNMENTS: READING AND ASSIGNMENTS
WEEK ONE: CHAPTER ONE AND TWO OF KRAUSE TEXT
A. GO OVER EXAM AND CLASS FORMAT
B. QUESTIONS
C. REGULATION OF MARRIAGE
1. ONE AT A TIME
2. INTERRACIAL
3. UNRELATED BY BLOOD
4. OF MAJORITY AGE
5. CONTRACT
A. OFFER, ACCEPTANCE AND CONSIDERATION
B. STATUS AND CONTRACT
6. SHAM MARRIAGE
7. SOLEMNIZATION
8. COMMON LAW MARRIAGE
A. HOLDING OUT
B. COHABITATION
C. CONSENT
D. M.C.A. 40-1-403
9. VOID AND VOIDABLE MARRIAGE
10. PUTATIVE SPOUSE DOCTRINE
A. MCA 40-1-404
11. PREMARITAL OR PRENUPTIAL AGREEMENT
A. NOT UNCONSCIONABLE
1. PROCEDURAL
2. SUBSTANTIVE
B. CONTRACT
C. MCA 40-2-601
12. ASSIGNMENT:
FIND A MONTANA CASE WHICH SPEAKS OF THE VALIDITY OFPRENUPTIAL AGREEMENTS. BE PREPARED TO EXPLAIN THE CASE TO THE REST OF THE CLASS.
Draft Premarital Agreement based upon fact scenario
13. MCA: 40-1-201 THROUGH 40-1-324
WEEK TWO: CHAPTER THREE AND FOUR OF KRAUSE TEXT SKIP: 167-172
A. ALTERNATIVE LIFESTYLE: DOES THE STATE HAVE ANY BUSINESS TELLING SOMEONE WHO THEY CAN MARRY?
B. WHAT DOES MONTANA SAY ABOUT IT?
C. CO-HABITATION BY CONTRACT
1. THREE WAYS TO PROTECT YOURSELF FROM A MERETRICIOUS
RELATIONSHIP.
D. MARRIED WOMAN’S NAME ON MARRIAGE AND ON DIVORCE
E. INTERSPOUSAL SUPPORT OBLIGATION:
1. MCA: 40-2-101, 102, 103
F. ASSIGNMENT:
JIM JONES WANTS TO GET A NOSE JOB. HIS WIFE SAYS "NO" SINCE THEY CAN’T AFFORD IT. HE DOES IT ANYWAY AND IS THE ONLY ONE TO SIGN THE DOCTOR BILL. THEY GET DIVORCED AND JIM WON’T PAY AND THE DOCTOR WANTS TO MAKE JIM’S WIFE PAY. FIND A CASE THAT TELLS ME WHETHER HE CAN OR CAN’T FORCE JIM’S WIFE TO PAY.
G. MEDICAID AND MEDICARE LECTURE: PAGE: 197-202
H. PROPERTY RIGHTS
1. COMMUNITY
2. SEPARATE
3. MCA 40-2-201 THROUGH 210
I. PROBATE AND GIFT
J. HEARTBALM ACTION: ALIENATION OF AFFECTION
K. INTERSPOUSAL TORT
1. MCA: MCA 40-2-109
L. LOSS OF CONSORTIUM.
1. WHAT IS THE INTEREST BEING PROTECTED?
M. LIVING WILL AND CONSENT TO MEDICAL
TREATMENT
1. GUARDIANSHIP INTRODUCTION
N. CONSTITUTIONAL LAW
1. HUSBAND INTEREST IN THE FETUS.
O. MARRIAGE AND THE CRIMINAL LAW
1. FORCED TO TESTIFY OR WANT TO TESTIFY
A. DOES IT MAKE A DIFFERENCE
2. TRAMMEL CASE
1. CONFIDENTIAL INFORMATION
WHILE MARRIED CANNOT TESTIFY
2. NON-CONFIDENTIAL: CAN
TESTIFY IF YOU WANT BUT CANNOT BE FORCED TO TESTIFY AGAINST SPOUSE.
3. MARITAL RAPE
4. MCA 40-2-109 AND PEOPLE V CAMERON
5. POLICE PROTECTION TRO
6. BATTERED WIFE SYNDROME
WEEK THREE: PAGES 324 THROUGH 400 OF CHAPTER FIVE
*WEEK TO INTERVIEW MOCK DIVORCE CLIENT FOR DIVORCE PETITION*
CLIENT CONFIDENTIALITY
A. MARITAL PRIVACY
1. GRISWOLD CASE
2. BOWERS CASE
3. EISENSTADT
4. ROE V. WADE
5. THRONBURGH
6. WEBSTER
B. EQUAL PROTECTION: INTERMEDIATE SCRUTINY
WEEK FOUR: DIVORCE: CHAPTER SIX
A. FAULT AND NO FAULT
B. MCA 40-4-101 THROUGH 136
C. TRADITIONAL GROUNDS
D. TRADITIONAL DEFENSES
E. MCA: NO FAULT: 40-1-104 THROUGH 107
F. ASSIGNMENT: DRAFT A DIVORCE PETITION AND RELATED DOCUMENTS INCLUDING THE TEMPORARY RESTRAINING ORDER.: HANDOUT ON BRENDA AND EDDIE
WEEK FIVE: DIVORCE REFORM: CHAPTER SEVEN
A. MONTANA IS NO FAULT:
B. REVIEW OF MONTANA NO FAULT GROUNDS
C. WHAT IS BREAKDOWN?
D. WHAT IS LIVING APART?
WEEK SIX: CHAPTER EIGHT
A. RIGHT TO DIVORCE?
B. HOW ABOUT INDIGENT?
C. RESIDENCE REQUIREMENTS
D. ASSIGNMENT: WHAT IS MONTANA’S RESIDENCE REQUIREMENT?
E. FULL FAITH AND CREDIT CLAUSE
F. RES JUDICATTA
G. PERSONAL JURISDICTION
1. MINIMUM CONTACTS: SHOE
2. BURNHAM
3. DOMICILE
4. LONG-ARM
5. CAN BREAK STATUS OF MARRIAGE WITHOUT PERSONAL
JURISDICTION BUT CANNOT BIND TO PROPERTY, MAINTENANCE OF CHILD CUSTODY.
WEEK SEVEN: CHAPTER NINE AND TEN
A. MIDTERM EXAM
B. SEPARATE AND LIVING APART
C. MCA: 40-4-104
D. ANNULMENT
E. ECONOMIC CONSEQUENCES OF DIVORCE
1. MAINTENANCE OR ALIMONY
A. MCA 40-4-203
B. ASSIGNMENT PREPARE A
MOTION FOR TEMPORARY MAINTENANCE
C. FAULT? DOES IT
COUNT?
D. TWO PART TEST UNDER MONTANA LAW
E. MODIFICATION: SUBSTANTIAL
AND MATERIAL
1. MCA:
40-4-208
F. HOW LONG DOES IT LAST?
1.
HUMAN BONDAGE
2.
DEATH
3.
NEED?
4. JOB?
5.
LOVER?
6.
REHABILITATION IS FAVORED IN MONTANA
WEEK EIGHT: CHAPTER 11 AND 12
A. DIVISION OF PROPERTY
1. COMMUNITY STATES
2. SEPARATE PROPERTY STATES
A. EQUITABLE DIVISION DOES NOT MEAN EQUAL!
B. 40-4-202: FACTORS TO CONSIDER
3. DEATH V. DIVORCE: ELECTIVE SHARE
4. WHAT IS PROPERTY?
A. PENSIONS
1. TIME RULE
2. VESTED OR NON-VESTED
B. LICENSES
C. DEGREES
D. SOCIAL SECURITY
E. QDRO
F. DISABILITY IN MILITARY: SHAM OR TACTIC?
G. YOU DO NEED JURISDICTION HERE: PERSONAL OR CANNOT SPOUSE AND NOT ENTITLED TO FULL FAITH AND CREDIT.
WEEK NINE: CHAPTER 13: TAX CONSEQUENCES OF DIVORCE:
A. ALIMONY OR MAINTENANCE: TAXABLE INCOME AND DEDUCTION?
B. CHILD SUPPORT: TAXABLE
C. PROPERTY DIVISION: NON-TAXABLE
D. ASSIGNMENT: SAM HAS A BANK ACCOUNT WITH 100,00 IN IT. THEY ALSO A PIECE OF RENTAL PROPERTY THAT THEY PAID $50,000 FOR AND NOW IS WORTH $100,000. ADVISE SAM WHAT ASSET HE WANTS TO TAKE AND WHY?
E. BANKRUPTCY? SETTLEMENT OR ALIMONY:
MAKE SURE TO MERGE INTO DIVORCE DECREE AND MAKE IT NON- DISCHARGEABLE IN BANKRUPTCY BY HAVING IT SECURED.
WEEK TEN: CHAPTER FOURTEEN AND FIFTEEN
A. SEPARATION AGREEMENTS ARE CONTRACTS
1. CONTRACTS
B. ALWAYS MERGE INTO DIVORCE DECREE
C. ASSIGNMENT: PREPARE A SEPARATION AGREEMENT ON BRENDA AND EDDIE TO HAVE IT MERGED INTO DECREE.
D. THIRD PARTY BENEFICIARY?
E. LAWYER AND PARALEGAL ROLE IN DIVORCE.
F. RULE 11 OF FRCP.
G. NEVER A CONTINGENT FEE.
WEEK ELEVEN: CHAPTER SIXTEEN:
1. ADR AND MANDATORY MEDIATION
2. MCA 40-3-301 THROUGH 308
WEEK TWELVE: CHAPTER SEVENTEEN
A. CHILD CUSTODY:
1. BEST INTEREST OF CHILD STATUTE
2. FACTORS TO CONSIDER
3. FAULT DOES ENTER IN?
4. MCA: 40-4-204 THROUGH 213
5. YES YOU NEED PERSONAL JURISDICTION
6. UCCJA ACT
7. PARENT V NON-PARENT: YES IF NOMINATED TO GIVE
STANDING IN WILL: MCA: 40-4-221
8. JOINT LEGAL AND CUSTODIAL.
9. WHAT DOES MONTANA PREFER?
10. ASSIGNMENT: DRAFT A MOTION FOR TEMPORARY CUSTODY OF CHILDREN: DRAFT ORDER ALSO. MOTION ALWAYS HAS AN ORDER.
11. PARENTAL KIDNAPPING ACT.
12. CHANGE OF CUSTODY: MATERIAL CHANGE OF
CIRCUMSTANCES
A. MCA: 40-4-224
13. GRANDPARENTS RIGHTS? YES, IN MONTANA
14. INTERSTATE CUSTODY DISPUTE
WEEK THIRTEEN: CHAPTER EIGHTEEN AND NINETEEN
A. PRESUMPTION OF LEGITIMACY: MCA: 40-6-105
B. MCA: 40-6-101 THROUGH 303
C. PUTATIVE FATHER REGISTRY
D. PATERNITY: BLOOD TEST
E. DURING LIFETIME OF FATHER
F. BURDEN OF PROOF: PREPONDERANCE
G. STATUTE OF LIMITATION
H. PUTATIVE SPOUSE REGISTRY
I. MOM’S COOPERATION
J. TERMINATION OF RIGHTS:
1. DUE PROCESS
2. NOTICE AND CHANCE TO BE HEARD
3. ADOPTION
WEEK FOURTEEN AND FIFTEEN: CHAPTER 20 AND 21
A. CHILD SUPPORT
B. ASSIGNMENT: FILL OUT CHILD SUPPORT GUIDELINE AND FINANCIAL AFFIDAVIT FOR BRENDA AND EDDIE.
WEEK SIXTEEN: FINAL EXAM REVIEW
TURN IN ALL WORK INCLUDING THE DIVORCE PETITION AND RELATED DOCUMETNS FOR BRENDA AND EDDIE SMITH.