Deck 3: On-The-Job Realities: Assertiveness Training for Paralegals

Question 1

State the ruling of Zablocki v. Redhail.

Answer 1

Only reasonable regulations that do not significantly interfere with decisions to enter the marital relationship may be imposed.

Question 2

General restraints on marriage are enforceable only if they serve what the court considers a useful purpose.

Answer 2

False

Question 3

A broken engagement might constitute a breach of contract and fraud.

Answer 3

True

Question 4

Which of the following is not an element of a common-law marriage?

A) legal capacity to marry.
B) holding out as married.
C) recording of the marriage license.
D) intent to marry.

Question 5

What are the elements of fraud?

Question 6

What is a civil union?

Question 7

Why is specific performance an inappropriate remedy for breach of promise to marry?

Question 8

A gift is not irrevocable unless it is:

A) delivered.
B) given with the intent to relinquish title and control voluntarily and immediately.
C) given without consideration.
D) all of these choices.

Question 9

When a state allows an action for breach of promise to marry, what remedy is usually permitted?

A) compensatory damages
B) expectation damages
C) aggrieved damages
D) specific performance

Question 10

Which of the following are elements of fraud?

A) a false statement of present fact by the defendant that is known to be false
B) scienter
C) plaintiff reasonably relies on the statement and suffers harm due to the reliance
D) all of the above
165

Question 11

Taking an elective share can be a substitute for what is provided in the will of a deceased spouse.

Question 12

Distinguish between a general restraint on marriage and a reasonable limitation on marriage.

Question 13

Parties in a civil union are granted some or all of the same state benefits given to parties in a marriage.

Question 14

Covenant marriages are no-fault marriages.

Question 15

A state that has abolished the action for breach of promise to marry will always allow a fraud action if the elements of fraud can be established.

Question 16

Only gifts given with consideration are revocable.

Question 17

Both bride and bridegroom must be present in a proxy marriage.

Question 18

What is a fundamental right, and why is marriage such a right?

Question 19

A promise to marry can be the basis of a contract.

Question 20

In states where common-law marriages are allowed, the marriage cannot have the same validity as a ceremonial marriage.

Question 21

A spouse is a person who believes in good faith that he or she entered and cohabitated in) a valid marriage even though an impediment made the marriage invalid.

Question 22

What is a common-law marriage?

Question 23

What is a putative spouse?

Question 24

A gift made in a will is a gift.

Question 25

Fraud is an intentionally false statement of fact that is , made to induce reliance by the plaintiff, and results in harm because of the reliance.

Question 26

The requirement that the government's action must be narrowly tailored to serve a compelling state interest is called scrutiny.

Question 27

The Act is a federal statute that says 1) one state is not required to give full faith and credit to a same-sex marriage entered in another state, and 2) for federal purposes, only opposite-sex marriage is recognized.

Question 28

Match each numbered entry with the most relevant lettered entry below.
a. specific performance
b. scienter
c. officiant
d. in praesenti
e. holding out
f. domestic partnership
g. Lawrence v. Texas
h. fundamental right
i. suspect class
j. full faith and credit
29. one who performs a ceremony
30. now
31. unmarried persons living together
32. violation of the liberty interest of consenting adults
33. specifically guaranteed in the constitution
34. an obligation of one state to another state
35. based on race, national origin, or alienage
36. remedy for breach of contract
37. steps taken that make others believe something exists
38. intent to deceive or mislead

Question 29

damages consist of money paid to restore an injured party to his or her position prior to the injury or other loss.