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

Problem

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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?

choices

  1. Yes, because he unlawfully transported his son to another state, in violation of the divorce decree.
  2. Yes, because mistake of law is no defense.
  3. No, because he lacked the requisite state of mind.
  4. No, because he received erroneous legal advice.

subject

professional_law

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Source and history

task_id
df7b711d-9bc2-5121-9bf5-cf37e76a0d91
task_key
all--test--df7b711d-9bc2-5121-9bf5-cf37e76a0d91
task_revision_id
1
config / split
all / test

Official source

initial import