Deck 5: Traditional Marriage and Alternatives

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

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

Answer 2

True

Question 3

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

Answer 3

False

Question 4

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

Question 5

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

Question 6

Covenant marriages are no-fault marriages.

Question 7

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

Question 8

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 9

What are the elements of fraud?

Question 10

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 11

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

Question 12

What is a civil union?

Question 13

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

Question 14

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 15

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

Question 16

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

Question 17

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

Question 18

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 19

Only gifts given with consideration are revocable.

Question 20

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

Question 21

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
an obligation of one state to another state

Question 22

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

Question 23

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
steps taken that make others believe something exists

Question 24

What is a common law marriage?

Question 25

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
unmarried persons living together

Question 26

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 27

What is a putative spouse?

Question 28

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 29

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
one who performs a ceremony

Question 30

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
now

Question 31

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

Question 32

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
remedy for breach of contract

Question 33

A gift made in a will is a gift.

Question 34

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
intent to deceive or mislead

Question 35

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 36

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
based on race, national origin, or alienage

Question 37

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
specifically guaranteed in the constitution

Question 38

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
violation of the liberty interest of consenting adults