Deck 1: Introduction to a New Career in Law

Question 1

What has been the effect of digital media on the practice of family law?

A) it has had little effect because of the inadmissibility of digital evidence.
B) it has had substantial effect because of the inadmissibility of digital evidence.
C) it has resulted in no new sources of evidence in divorce cases.
D) it has resulted in new sources of evidence in divorce cases.

Answer 1

D

Question 2

The Fifth Amendment of the U.S. Constitution covers challenges to actions by the federal government.
Identify the letter of the choice that best completes the statement or answers the question.

Answer 2

True

Question 3

A state constitution:

A) does not apply to family-law rights.
B) is created by the federal constitution.
C) can offer greater constitutional rights than the federal constitution.
D) can never offer greater constitutional rights than the federal constitution.

Answer 3

C

Question 4

Procedural due process is the constitutional requirement that the government avoid arbitrary and capricious actions that deprive someone of life, liberty, or property.

Question 5

The right to marry is a fundamental right; substantial restrictions on this right are measured by strict scrutiny.

Question 6

All restrictions on sexuality have not been eliminated, but they have been substantially increased when adults are involved.

Question 7

Name six areas of family law where federal law has had a large impact.

Question 8

Why has there been a change in some of the major family-law terminology?

Question 9

What is the equal-protection-of-the-law requirement of the U.S. Constitution?

A) the government must provide fair procedures such as adequate notice and an opportunity to be heard whenever it seeks to deprive someone of life, liberty, or property.
B) the government must avoid arbitrary and capricious actions that deprive someone of life, liberty, or property.
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C) the government must treat one group or class the same as it treats another group or class in like circumstances.
D) the government must not abridge fundamental rights.

Question 10

The four categories of discrimination are discrimination involving a fundamental right, discrimination involving a suspect class, discrimination involving a quasi-suspect class, and discrimination that is arbitrary or capricious.

Question 11

Federal courts can hear divorce cases.

Question 12

Family law has not changed much because society's definition of a family has not changed.

Question 13

A CASA:

A) can practice law
B) is an advocate.
C) must be an attorney.
D) cannot be an attorney.

Question 14

Briefly mention five developments that have played and will continue to play a major role in family law in the twenty-first century.

Question 15

What is family law?

Question 16

Define common law.

Question 17

What do we mean when we say that marriage is a status?

Question 18

Family law cases can sometimes raise issues of criminal law, corporate law, bankruptcy law, and tax law.

Question 19

An important development in family law has been a substantial increase in the capacity of parties to enter enforceable contracts that help define their rights and obligations.

Question 20

Constitutionalization refers to changes in family law due to interpretations of the U.S. Constitution by federal courts.

Question 21

What is substantive due process?

Question 22

Constitutionalization occurs because of changes in state law that result from interpretation of the by the U.S. Supreme Court and other federal courts.

Question 23

Federalization consists of changes in law that result from laws written by the federal legislature Congress) and from interpretations of the U.S. Constitution by federal courts.

Question 24

What tests does a court use to determine if a restriction of a fundamental right and a nonfundamental right violate substantive due process?

Question 25

The standard used to determine if a restriction on a fundamental right complies with due process and is therefore constitutional) is called scrutiny.

Question 26

The constitutional requirement that the government avoid arbitrary and capricious actions that deprive someone of life is called .

Question 27

Match each numbered entry with the most relevant lettered entry below.
a. conflict of interest
b. judicial review
c. instrument
d. legal advice
e. unity of person
f. strict scrutiny
g. common law
h. tickler
i. trial notebook
j. precedent
29. apply laws to a particular legal problem
30. narrowly tailored to serve a compelling state interest
31. judge-made law
32. subsumed legal identity
33. date reminder
34. strategies for conducting a trial
35. determine constitutionality
36. prior decision used as a standard
37. formal document that embodies a legal act
38. divided loyalties

Question 28

An is a written statement containing facts, claims, or other legal positions given under oath or affirmation.

Question 29

Because of the unity of person at common law, the legal identity of a wife was into the legal identity of the husband.