Q & A

Question: Must legal fathers consent to adoptions? 

Answer: It depends. Though the problem drafters deemed it a peripheral issue to differentiate a legal father from a putative father, we have amended the consent statutes to explain the rights of a legal father. 

NOTE: The amended statutes have been sent to all team contacts. If additional copies are needed, please reach out to moot@law.capital.edu

Question: What is the process for becoming a legal father? 

Answer: Capitania Revised Code 2310.02 describes how a legal father is determined.

Question: Is there a specific state statute, we should use for a best interest of the child analysis? 

Answer: All statutes referenced in the appellate decision have been provided to advocates. Due to the nature of the competition, are unable to give instruction regarding substantive analysis. 

Question: We noticed that the Fifth Amendment was referenced in Issue 1 but did not detect federal governmental action/entity in the problem that would apply. Should we still proceed with an analysis/response that involves the Fifth Amendment?

Answer: Due to the nature of the competition, we are unable to give instruction regarding substantive analysis. 

Question: In consideration of the grant of certiorari, at this stage (before the Supreme Court of Capitania), should we be referring to Frank F. As Appellant, given he prevailed below (and in turn, should Brittany and Windy be referred to as Appellees, given they lost below)?

Answer: Due to the nature of the competition, we are unable to give instruction on substantive or strategic decisions regarding your brief. Please reference the grant of certiorari to identify the petitioner and respondent. 

Question: Is G.F's last name the same as Frank F.'s last name? 

Answer: G.F.'s last name is the same as Frank F.'s last name. 

Question: Is this a private adoption or are we to consider the Powells as foster parents/relatives of the child? 

Answer: There was no dependency adjudication or foster placement. 

Question:  There is a discrepancy between the language of the Appellate Opinion and the statute. § 2330.01(J) states, "...has failed to establish a significant custodial, personal, or financial relationship with the minor..." while the record says, "a significant custodial, parental, or financial relationship..." Is there a significant difference between the two or are they interchangeable?

Answer: For purposes of problem, there is not a significant difference between analyzing the two wordings.

Question: For the purposes of citing the record, are we to use the appendix document as an addition to the record or should we cite to this document separately? For example, the document is labeled as "Appendix Document" and the title of such document is labeled as "Adoption in Capitania." 

Answer: Please cite the appendix document as an addition to the record.

Question: Should we simply use the case number given on the appellate opinion to comply with Supreme Court Rule 24.1(d), since there are not any citations given to any official or unofficial report of the opinions? 

Answer: Yes, using the case number is appropriate for rule compliance purposes.