Deck 1: Introduction to Family Law and Practice

Question 1

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

Answer 1

True

Question 2

Federal courts can hear divorce cases.

Answer 2

False

Question 3

Which provision of the U.S. Constitution is largely responsible for the predominant role of state law in most areas of family law?

A)First Amendment
B)Tenth Amendment
C)Due Process Clause
D)Equal Protection Clause

Answer 3

B

Question 4

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

Question 5

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 6

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

Question 7

When researching a family law case, secondary authority can give you leads to primary authority and background information about the family law you are researching.

Question 8

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

Question 9

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

Question 10

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

Question 11

What is family law?

Question 12

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

Question 13

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.
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 14

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 15

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

Question 16

Define common law.

Question 17

What kinds of family law are often found in the statutory codes of your state?

A)the grounds for divorce
B)procedures for obtaining a divorce
C)adoptions
D)all of the above

Question 18

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

Question 19

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

Question 20

If a court is faced with a legal dispute for which there is no governing statute to resolve the dispute:

A)the parties must refile
B)the case becomes moot
C)the court may have the authority to create common law to resolve the dispute
D)the lower court proceeding must begin again

Question 21

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

Question 22

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

Question 23

Match each numbered entry with the most relevant lettered entry below
a.conflict of interest
b.judicial review
c.bias
d.legal advice
e.unity of person
f.strict scrutiny
g.common law
h.tickler
i.trial notebook
j.precedent
divided loyalties

Question 24

Match each numbered entry with the most relevant lettered entry below
a.conflict of interest
b.judicial review
c.bias
d.legal advice
e.unity of person
f.strict scrutiny
g.common law
h.tickler
i.trial notebook
j.precedent
subsumed legal identity

Question 25

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 26

Match each numbered entry with the most relevant lettered entry below
a.conflict of interest
b.judicial review
c.bias
d.legal advice
e.unity of person
f.strict scrutiny
g.common law
h.tickler
i.trial notebook
j.precedent
date reminder

Question 27

Match each numbered entry with the most relevant lettered entry below
a.conflict of interest
b.judicial review
c.bias
d.legal advice
e.unity of person
f.strict scrutiny
g.common law
h.tickler
i.trial notebook
j.precedent
narrowly tailored to serve a compelling state interest

Question 28

Match each numbered entry with the most relevant lettered entry below
a.conflict of interest
b.judicial review
c.bias
d.legal advice
e.unity of person
f.strict scrutiny
g.common law
h.tickler
i.trial notebook
j.precedent
danger of prejudgment

Question 29

Match each numbered entry with the most relevant lettered entry below
a.conflict of interest
b.judicial review
c.bias
d.legal advice
e.unity of person
f.strict scrutiny
g.common law
h.tickler
i.trial notebook
j.precedent
judge-made law

Question 30

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

Question 31

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

Question 32

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

Question 33

What is substantive due process?

Question 34

Match each numbered entry with the most relevant lettered entry below
a.conflict of interest
b.judicial review
c.bias
d.legal advice
e.unity of person
f.strict scrutiny
g.common law
h.tickler
i.trial notebook
j.precedent
strategies for conducting a trial

Question 35

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 36

Match each numbered entry with the most relevant lettered entry below
a.conflict of interest
b.judicial review
c.bias
d.legal advice
e.unity of person
f.strict scrutiny
g.common law
h.tickler
i.trial notebook
j.precedent
prior decision used as a standard

Question 37

Match each numbered entry with the most relevant lettered entry below
a.conflict of interest
b.judicial review
c.bias
d.legal advice
e.unity of person
f.strict scrutiny
g.common law
h.tickler
i.trial notebook
j.precedent
determine constitutionality

Question 38

Match each numbered entry with the most relevant lettered entry below
a.conflict of interest
b.judicial review
c.bias
d.legal advice
e.unity of person
f.strict scrutiny
g.common law
h.tickler
i.trial notebook
j.precedent
apply laws to a particular legal problem