Deck 53: Family Law

Question 1

Emancipated minors may get married despite their age.

Answer 1

True

Question 2

All states have now recognized same-sex marriages.

Answer 2

False

Question 3

All states require a marriage license as well as a marriage ceremony in order to be married.

Answer 3

False

Question 4

No-fault divorce is the traditional way of justifying a requested divorce.

Question 5

An annulment is a confirmation of a couple's love for one another.

Question 6

Modern law allows the identity of biological parents to be revealed to adopted children.

Question 7

A marriage may be annulled based on bigamy.

Question 8

The court must approve an agency adoption,but need not approve an independent adoption before the adoption becomes legal.

Question 9

Financial support during a marriage includes providing for things such as food,shelter,clothing,and medical care.

Question 10

Children born of an annulled marriage are considered to be illegitimate.

Question 11

Cohabitation is sufficient to establish a common law marriage.

Question 12

Parents are liable for their children's actions if the parents were negligent in causing the child's act.

Question 13

At common law,the courts recognized an action for breach of a promise to marry.

Question 14

When a valid common law marriage exists,a court decree of divorce must be obtained to end the common law marriage.

Question 15

An independent adoption usually utilizes an agency to make the adoption official.

Question 16

Individuals under a certain age cannot be married.

Question 17

Parents have a right to select schools for their children as well as the religion they will practice.

Question 18

The modern rule with respect to broken marriages and who gets to keep an engagement ring is the fault rule.

Question 19

Most states require a waiting period of at least 6 months between the filing of a divorce petition and the granting of a divorce.

Question 20

Under common law,if an engagement was broken,the bride had to return the ring to avoid litigation.

Question 21

Rehabilitation alimony refers to financial support for a limited time during which the individual can obtain the necessary education or job skills needed to go into the job force.

Question 22

Mediators in divorce proceedings are helpful in that they are empowered to make decisions regarding settlement of the issues.

Question 23

The awarding of custody to a custodial parent is permanent.

Question 24

An antenuptial agreement refers to:

A) signed agreements before marriage that specify how property will be distributed upon termination of the marriage
B) an agreement regarding rare property
C) an agreement between the parties during the marriage specifying how property will be distributed upon the death or termination of the marriage
D) an agreement between a married couple and the court confirming property distribution
E) None of these are correct.

Question 25

Separate property loses its status by virtue of the marriage itself.

Question 26

An adoption by agency occurs when:

A) there is a private arrangement between the biological and adoptive agency
B) a lawyer handling the adoption is involved
C) the adoptive parents have DNA tests conducted on themselves
D) a person adopts a child from a social service organization of the state

Question 27

The Family Support Act was enacted to prevent noncustodial parents from failing to pay required support payments.

Question 28

The modern rule with regard to broken engagements is:

A) the objective rule
B) the no-fault rule
C) the honeymoon rule
D) the engagement rule
E) None of these are correct.

Question 29

The health of an individual is a factor that the court will consider when determining the fair distribution of property.

Question 30

Emancipation may best be described as:

A) a counseling technique to keep families together
B) a means of legal separation of one spouse from the other spouse in a marriage
C) a union between two individuals of the same sex
D) a means to demonstrate to the court that a minor is not supported by his or her parents and that the minor provides for himself or herself

Question 31

A pro se divorce refers to the fact that the parties are representing themselves in the divorce proceeding.

Question 32

All property acquired during the marriage using income earned during the marriage is considered community property.

Question 33

Debts that are incurred during the marriage for necessities are the joint responsibility of each spouse.

Question 34

There is no such thing as lifetime alimony.

Question 35

Parents are obligated to provide which of the following for their underage children?

A) medical care
B) food
C) shelter
D) All of these are correct.

Question 36

The duty to pay child support usually continues until the child reaches the age of majority.

Question 37

In order to prove the existence of a common law marriage,which of the following needs to be proven?

A) The parties are eligible to marry.
B) The parties voluntarily intend to be husband and wife.
C) The parties must live together.
D) The parties hold themselves out as husband and wife.
E) All of these are correct.

Question 38

Only 10 percent of divorce cases are settled between the parties prior to trial.

Question 39

Which of the following may be allowed to marry one another?

A) a brother and his half-sister
B) a person who is already married to someone else
C) cousins
D) a father and his daughter
E) a mother and her son

Question 40

Which of the following are grounds for an annulment?

A) The marriage was never consummated.
B) A party was intoxicated at the time of the marriage.
C) One of the parties was a minor and did not have parental consent for the marriage.
D) One of the parties was mentally incapacitated at the time of the marriage.
E) All of these are correct.

Question 41

Harvey and Ann are cousins who are 14 and 15 years old respectively.They have been in one another's classes since the fifth grade.Harvey now wants to marry Ann.Which of the following would apply?

A) All states allow a 14 or 15 year old to get married.
B) Some states allow brothers and sisters to marry one another.
C) Some states allow cousins to marry cousins.
D) Some states allow one party to marry someone else while being married.

Question 42

What percentage of divorce cases are settled between the parties prior to trial?

A) 10 percent
B) 35 percent
C) 90 percent
D) 100 percent

Question 43

Carl and Julia were wed for 38 years when he decided that he wanted to find a younger woman with which to share his life.Julia was a housewife through their married life and tended exclusively to Carl's every need.She had very little opportunity to obtain job skills and enter into the workplace as the couple lived in the town of Joy,which had a population of 23.Based on the facts,what type of alimony would Julia be entitled to?

A) temporary alimony
B) rehabilitation alimony
C) intermediate alimony
D) permanent alimony

Question 44

What is considered when a court awards child support?

A) the net income of the parents
B) the net income of the children
C) any special medical or other needs of the children
D) A,B,and C
E) A and C only

Question 45

Bruno,a well-known Bolivian movie star,is engaged to be married to Millie,a receptionist at a car dealership in her town.Bruno wants to protect the assets he has worked so hard to get.As such,he has a prenuptial agreement prepared and signed by Millie.Which of the following will prevent the court from enforcing the prenuptial agreement?

A) The agreement was entered into at the last moment right before the marriage.
B) Each party made a full disclosure of his or her assets and liabilities.
C) The terms of the agreement were fair and conscionable.
D) Each party was represented by an attorney.
E) There were no threats by either party to enter into the agreement.

Question 46

Which of the following is not true regarding the division of debts?

A) The type of debt is looked at when determining how the debt is to be divided.
B) The court cannot distribute the debts equally between the spouses.
C) Spouses are jointly liable for taxes incurred during their marriage.
D) Most states hold that a spouse is liable for his or her own premarital debts.

Question 47

Tony and Roseanne,a married couple,both had full-time jobs working for a construction firm.Tony had a gambling problem and needed more money to satisfy his habit.As such,he moonlighted by getting a job at a local bar as a bartender.Because he got paid cash for his second job,Roseanne never knew about it.The couple decided to go their separate ways.When it came time to divide the couple's assets,one of Roseanne's friends informed her of Tony' second job.Roseanne now wants part of the savings that Tony put away from his second job.Will she be able to get half of Tony's savings?

A) No,because Tony got paid cash from his second job.
B) No,because Tony's second job money was his separate property.
C) Yes,because the money he earned from his second job was acquired during the couple's marriage.
D) None of these are correct.

Question 48

Barbara and Joe want to get married in the Catholic church,but Joe has been divorced.The church is refusing to allow the couple to exchange their vows in the church.Which of the following should the couple consider so that they can be married at the church?

A) They should go to another Catholic church and not mention Joe's divorce.
B) They should get the marriage legally annulled.
C) They should ask the church for forgiveness.
D) They should get the marriage legally annulled as well as annulled by the church if required.

Question 49

Jack gave Samantha a beautiful heart-shaped engagement ring that contained a two-carat diamond and three one-carat rubies.Samantha called off the wedding one week before the set date,as she found out that Jack was seeing another woman.Under the fault rule,what will happen with Samantha's engagement ring?

A) Samantha will get to keep the ring.
B) Samantha must sell the ring and split the proceeds with Jack.
C) Samantha must give the ring back even though she broke off the engagement.
D) Neither party will get to keep the ring.

Question 50

Eddie promised Edna that he would marry her,but at the last minute backed out.If in a jurisdiction that follows the common law,what would Edna's remedy be?

A) She would not have any grounds for bring a lawsuit.
B) Edna won't be responsible for Eddie's debts.
C) Edna would be able to bring a cause of action based on a breach of contract.
D) Edna may bring a cause of action based on specific performance.

Question 51

Which of the following statements is true regarding spousal support?

A) Spousal support is also known as alimony.
B) Alimony is usually awarded for a limited period of time.
C) Alimony typically has been awarded to the female.
D) Spousal support payments can be modified.
E) All of these are correct.

Question 52

Edgar and Mary have been married for 27 years.Lately Mary has noticed that Edgar does not want to pay what she considers necessary.Mary seeks your advice regarding any financial support she may be able to receive from Edgar.Which of the following statements best describes what she may be able to receive?

A) Edgar must provide her with sex.
B) Edgar must provide her with clothing.
C) Edgar must provide for her medical care.
D) Edgar must provide her with shelter.
E) B,C,and D

Question 53

Andrew and Jessica were married for 7 years when Jessica decided that Andrew was not the man she thought she had married.The couple had a 5 year-old boy,Sam who,has muscular dystrophy and has at times had to be home schooled.Jessica is a writer and does the majority of her work at home.Andrew and Sam are a very close father and son team,however Andrew,an engineer,is often taken out of town for company business.Each parent wants custody of Sam.What are the factors a judge might look at when deciding the couple's custody dispute?

A) The ability of each parent to provide for a stable environment for Sam.
B) The ability of each parent to provide for the special needs of Sam.
C) The desire of both Andrew and Jessica to provide for the needs of Sam.
D) The ability of both Andrew and Jessica to provide for Sam's educational needs.
E) All of these are correct.

Question 54

Which of the following is considered separate property when dividing marital belongings?

A) inheritances received during the marriage
B) separate property where the title has been changed to include the other spouse
C) joint gifts received during the marriage
D) property owned by a spouse after the marriage

Question 55

What factors may a court consider when following the rule of equitable distribution?

A) length of the marriage
B) health of the individuals
C) standard of living during the marriage
D) occupation of each spouse
E) All of these are correct.

Question 56

Tony and Roseanne,a married couple,both had full-time jobs working for a construction firm.Tony had a gambling problem and needed more money to satisfy his habit.As such,he moonlighted by getting a job at a local bar as a bartender.Tony used the cash from his second job to buy a boat for the couple to use on weekend outings at the lake.The couple began to have problems which resulted in a divorce.Suppose the bank who financed the boat is getting angry because all payments for the boat have stopped.Further,the court ordered that both Tony and Roseanne are liable for the payments on the boat.If Tony makes payments on the boat,and Roseanne fails to pay her half,what can Tony do about it?

A) Tony may continue to pay the boat payment and then recover the amount paid on the boat from Roseanne.
B) Tony will be the full new owner of the boat as he will have made all of the remaining payments on it.
C) Roseanne will get to keep the boat,as Tony never told her he had a second job before buying the boat.
D) The creditor will be able to repossess the boat,as Roseanne did not uphold her end of the bargain.

Question 57

Tony and Roseanne,a married couple,both had full-time jobs working for a construction firm.Tony had a gambling problem and needed more money to satisfy his habit.As such,he moonlighted by getting a job at a local bar as a bartender.Suppose Tony used the cash from his second job to buy a boat for the couple to use on weekend outings at the lake.Further,suppose that the couple began to have problems which resulted in a divorce.Roseanne now wants Tony to sell the boat and give her half of the proceeds from selling it.Tony now claims that the boat is his separate property as his side job paid for it.What will be the most likely outcome?

A) Tony will get to keep the boat as it is his separate property.
B) Tony must give the boat to Roseanne to do with what she wants as he didn't tell her about the second job.
C) Tony and Roseanne must come to an agreement about what part of the boat will be Roseanne's.
D) The boat is considered marital property because it was acquired during the marriage using income earned during the marriage regardless if Tony told Roseanne about his second job or not.

Question 58

Janine and Harvey were a happily married couple,until Harvey decided he wanted some time to figure out who he was and what he wanted to do.The time came to divide up the couple's assets as they were divorcing.Janine had been given a Model T Ford by her great aunt Hilda while the couple were married.Janine had registered the car and title in both her and Harvey's name.As a matter of fact,because the car was a stick shift and Janine did not know how to drive a stick shift,Harvey drove it most of the time.Who will be the party who gets to keep the car?

A) Harvey will get to keep the car because he used it more than Janine.
B) Janine will get to keep the car because it was a gift.
C) The car will be considered a marital asset as Harvey's name was placed on the title as a joint owner.
D) The court will order that the car be held in trust to satisfy creditors bills.

Question 59

The term "custody" as it applies to children in a divorce proceeding means:

A) who has legal responsibility for raising the children
B) confinement of a child to his or her home
C) temporary visitation rights
D) None of these are correct.

Question 60

Which of the following best describes the modern rule regarding divorce?

A) An individual must prove the other person was at fault for causing a major problem with continuing the marriage.
B) An individual must prove the other person was insane.
C) A mere citing of irreconcilable differences is enough to obtain a divorce.
D) An individual must prove the other person physically abused him or her.
E) An individual must prove the other person abandoned him or her.

Question 61

Discuss the ethical issues involved if a woman keeps an engagement ring once a couple has called their engagement off.

Question 62

David and Lisa were married for 9 years,during which time they had only one child named Chloe.Chloe,at the time of the couple's divorce,was 6 years old.Since Chloe was used to having only the best of everything,including a butler and a private attendant to help select which clothes she would wear for any given day,she had a lifestyle atypical of most children her age.Lisa wants David to pay the largest amount of child support allowed by law.What are some of the factors that the court will consider in determining the amount of child support to be paid?

Question 63

John and Jennifer are engaged to be married.Shortly before the wedding,John gets cold feet and calls the whole thing off.What happens to the ring?

A) Jennifer gets to keep the ring under both the fault rule and objective rule.
B) Jennifer must return the ring under the fault rule,but would get to keep the ring under the objective rule.
C) Jennifer gets to keep the ring under the fault rule,but must return the rule under the objective rule.
D) Jennifer must return the ring under both the fault rule and the objective rule.

Question 64

Why are prenuptial agreements important in some relationships?

Question 65

Diana and William have lived together on and off for about 17 years.Both refer to one another as each other's spouse.Diana now wants to obtain a divorce claiming that she has rights in this relationship.William's main defense is that the couple was not married and she is therefore not entitled to anything.Applying the applicable law,how will the court decide this issue of marriage?