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MMLU-Pro / 1472 / A husband and wife divorced after 17 years of marriage. They had one son, aged…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A husband and wife divorced after 17 years of marriage. They had one son, aged 10. As part of the divorce decree, the wife was given custody of the son, while the husband was entitled to weekend visitation. Thereafter, the husband accepted a new job in a neighboring state. Before relocating, the husband met with an attorney to seek his advice about how he could gain full custody of his son. The attorney told the husband that his new state did not give full faith and credit to divorce proceedings in his former state of residence. As a consequence, the attorney advised the husband that he could take the son to live with him and not be in violation of the law. This was erroneous legal advice, and his new state, in fact, did honor and give full faith and credit to other states' divorce decrees. When his next scheduled visitation took place, the husband picked up his son at his ex-wife's home. Instead of returning his son, he took him to live with him in his new state. After refusing to return his son to his ex-wife, the husband was subsequently arrested and charged with kidnapping. The applicable statute is defined as "knowingly abducting a person and moving him or her to another location. "Should the husband be found guilty of kidnapping?

category

law

options

  1. Yes, because mistake of law is no defense.
  2. Yes, because he intentionally kept his son from his ex-wife.
  3. No, because as the father, he has the right to custody of his son.
  4. No, because his actions were based on the legal advice he received.
  5. Yes, because he did not have the legal right to take his son to another state.
  6. No, because he received erroneous legal advice.
  7. Yes, because he unlawfully transported his son to another state, in violation of the divorce decree.
  8. No, because the son willingly went with him.
  9. Yes, because he knowingly moved his son to another location.
  10. No, because he lacked the requisite state of mind.

src

ori_mmlu-professional_law

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Source and history

upstream_id / Original problem ID
1472
task_id
d3093e19-7c17-5418-b422-e7a7aa2d5334
task_key
default--test--1472
task_revision_id
1
config / split
default / test

Official source

initial import