Deck 14: Family Law

Question 1

All states provide for some variety of "no-fault" divorce, even though some states also provide for divorce based upon the fault of a spouse.​

Answer 1

True

Question 2

Some cities now recognize "domestic partnerships" between same-sex couples who thereby become entitled to certain benefits, such as health insurance, bereavement leave and pensions.​

Answer 2

True

Question 3

The concept of a right of privacy of the female who carries a fetus is a critical factor in the issue of legality of abortion.​

Answer 3

True

Question 4

Most states do not permit a so-called common-law marriage within their borders, even though all  states must recognize (treat as valid) a common-law marriage that was legally created in another

Question 5

A civil union is a proposed legal relationship, analogous to but different from a marriage. Although proposed in several states, it is not yet law in any state.​

Question 6

Minors who are under the jurisdiction of the juvenile court because of their participation in criminal activity are entitled to trial by jury, just as are other persons who have been accused of crime.​

Question 7

The concept of viability of a fetus is an important factor in the issue of legality of abortion.​

Question 8

Parents have a legal obligation to exercise reasonable care, supervision and control over their minor children and may be held civilly liable for failure to do so in many states.​

Question 9

Wide variations exist in family law from state to state, because legislative viewpoints reflect substantially different cultural and societal values.​

Question 10

If one spouse is abusive of the other, using foul language, engaging in despicable physical conduct and otherwise being contemptible, the victimized spouse can sue for damages in most states.​

Question 11

In a community property state, property inherited from a favorite aunt or uncle is community property.​

Question 12

In states that accept the "Marvin marriage" rule of law, a verbal commitment to pay money in the  future, in consideration of continued companionship is theoretically enforceable.

Question 13

The Uniform Marriage and Divorce Act, specifies several factors for determining custody  arrangements. The wishes of the child is not one of the factors provided.​

Question 14

Juvenile court records of offenses committed by a minor can be "sealed" by order of the court after the passage of a specified number of years.​

Question 15

Courts will not enforce marital contracts, prenuptial or otherwise, that are unconscionable.

Question 16

The running of time under the statute of limitations is tolled (i.e., is suspended or stopped) during the years that a sexually abused child suffers from a blocked memory of such abuse.​

Question 17

Parents have the right to custody of their children and are free to raise them as they see fit, and the state cannot interfere except under "clear and convincing" proof of severe child abuse, or abandonment.​

Question 18

The only country in the world that recognizes same-sex unions is the United States..

Question 19

In property division after divorce, martial distributions must be equal in an equitable distribution  state.

Question 20

In most states "professional" goodwill (enhanced earning power based upon special talents, reputation, or uniqueness of services offered) is marital property and its value can be added to the net value of all property and divided upon divorce.​

Question 21

Assume that, upon divorce, Alan is ordered by the court to pay permanent alimony to his former wife, Margaret, in the amount of $3,500 per month. Three years later, which of the following factors could be a proper legal basis for Alan's application to the court for a reduction in the
Amount of alimony he must pay to Margaret?​

A)Margaret loses $100,000 when her house is damaged by a flood.
B)Alan gets a substantial raise of $25,000 a year.
C)Margaret remarries.
D)all of the above

Question 22

Surprisingly, there are few variations existing in family law from country to country, although there are substantially different cultural and societal values.​

Question 23

Family law is generally an area of state law.

Question 24

An agreement between spouses concerning how their marital property will be divided in their forthcoming divorce proceeding is commonly called​

A)an antenuptial agreement.
B)a partnership agreement.
C)a separation agreement.
D)all of the above

Question 25

Which of the following may be a valid basis on which to obtain an annulment of a marriage?

A)The husband becomes impotent within one year of the date of marriage.
B)The wife decides within one year of the date of marriage that they must return to her hometown to live, contrary to her husband's expectations and desires.
C)The husband lied to his bride-to-be shortly before the marriage by declaring that he was chaste.
D)The wife lied to her husband-to-be shortly before the marriage by declaring that she was willing to bear children.

Question 26

Which of the following statements is false?​

A)Children can sue their parent(s)for causes of action based on negligence.
B)Children can sue their parent(s)for injuries caused by intentional torts.
C)Children can sue their parent(s)for refusal to provide them with adequate funds for their college education.
D)Children can sue their parent(s)for breach of contract.

Question 27

Upon divorce or dissolution, which of the following is outside the jurisdiction of the court?​

A)an order establishing the amount and duration of alimony
B)an order requiring the family home be sold
C)an order directing one spouse to not communicate with the other spouse in any way for a stated period
D)an order requiring reconciliation for a three-month period

Question 28

In most states that recognize the creation of common-law marriages, which of the following is an  essential component? ​

A)a marital license
B)cohabitation for a minimum of five years
C)intention of both parties that a common-law marriage exist
D)a written contract evidencing their relationship

Question 29

The Full Faith and Credit Clause of the U.S. Constitution requires that each state recognize, as  valid, each of the following family relationships except a ​

A)common-law marriage created in Texas.
B)formal, solemnized marriage created in New York.
C)French marriage.
D)court-approved marriage between minors created in Florida.

Question 30

Theoretically a court order for child support can be enforced, by each of the following, except a

A)writ of execution.
B)contempt proceeding.
C)wage assignment.
D)writ of enforcement.

Question 31

Rehabilitative alimony would most likely end​

A)upon remarriage of the former spouse who is receiving the support.
B)upon remarriage of the former spouse who is paying the support.
C)when the former spouse who is receiving the support begins cohabiting with another person.
D)when the former spouse who is receiving the support finds and accepts any employment.

Question 32

In a community property state, a gift of property to one spouse is separate property of that spouse.

Question 33

A minor legally allowed to handle his or her own financial affairs is called a surrogate adult.​

Question 34

Which of the following statements is a correct statement about parental rights and liabilities?​

A)Parents must exercise reasonable care, supervision, protection, and control over their minor children.
B)A pregnant women cannot be liable for abusing her fetus.
C)Parents are absolutely liable for the negligence of their minor children.
D)After emancipation, a parent must legally pay a child's college expenses.

Question 35

Which of the following statements is not true relative to divorce or dissolution proceedings in most states?​

A)The parties are entitled to a jury trial, if one is jointly demanded.
B)The parties are entitled to settle their economic differences by agreement, subject to approval of the court.
C)The parties are entitled to be represented by attorneys at all stages of the proceedings.
D)The parties are entitled to resolve the issue of child custody and visitation by agreement, subject only to approval by the court.

Question 36

The creation of marriage is governed by

A)federal statutory law
B)state statutory law.
C)common law.
D)family court rules.

Question 37

Unwilling fathers can defeat court orders to pay child support by ​ ​

A)moving out of state.
B)refusing to work and going on welfare.
C)refusing to pay.
D)none of the above

Question 38

Some areas of law change slowly, the area of law called family law is one of these areas of law.

Question 39

Which of the following is not a requirement for a valid marriage license in most states?​

A)Both applicants must be of legal age.
B)Both applicants must be sane.
C)Both applicants must have a crime free background.
D)Applicants must be of the opposite gender.

Question 40

Most states have enacted statutes to protect child witnesses while testifying in court about criminally abusive treatment. Which of the following protective devices is not typical of the statutes?​

A)acceptance in court of out-of-court statements made by the child to a mental health professional
B)acceptance in court of out-of-court closed circuit televised testimony of the child
C)exclusion of members of the public and the media from the courtroom
D)shielding the child from the vision of the accused, by using a portable shield or divider

Question 41

A marriage that is, for some important reason, legally defective, may be "erased" by a court order called _________________ .​

Question 42

The most pervasive behavior by pregnant women that may cause harm to a fetus and create liability for the mother for that harm is​

A)fast dancing.
B)continued sexual relations.
C)drug and alcohol use.
D)military service.

Question 43

A few states have created a special status by statute or ordinance under which non-married couples can qualify for marriage-like benefits. This status is called a(n) _________________ .​

Question 44

A contract made by unmarried cohabiting persons that pertains to resolution of any differences  upon termination of their relationship is called a(n) __________________ agreement.
​

Question 45

Surrogacy arrangements are​

A)illegal in China
B)an arrangement is which father agrees to adopt a minor child
C)illegal in all states
D)not provided for in the Uniform Parentage Act of 2002.

Question 46

About prenuptial agreements. ​ ​

A)They must be completed after the marriage.
B)They can be oral as well as in writing and still be enforceable.
C)They are not enforceable unless approved before signing by a judge.
D)A judge can refuse to enforce the agreement in a divorce or dissolution if the judge believes it to be unfair.

Question 47

The most common ground(s) for divorce or dissolution in most states is (are)?

A)adultery
B)gambling
C)failure to communicate
D)irreconcilable differences or no fault

Question 48

A few states have adopted what is called a covenant marriage. A feature of this type of marriage is  that ​

A)each party to the marriage must be 25 years old.
B)it is a same sex union.
C)divorce is impossible.
D)couples participate in premarital counseling and a mandatory two-year waiting period.

Question 49

Victims abused by members of their immediate family can, in some states, bring legal actions against those abusers, and possibly obtain monetary compensation for physical or mental injury, ten, twenty, or even thirty or more years after the abuse allegedly occurred. This is true, because the applicable __________________ is tolled (does not begin to run) in the years during which the victim could not____________ the events.​

Question 50

A woman who agrees to artificial insemination, and to relinquish her maternal rights to the child, is called a(n) ___________________ .​

Question 51

A contract on behalf of minor children by their parents, is called a ___________ contract.​

Question 52

A legal action seeking monetary compensation for physical or mental injury, brought by the victim against a member of the victim's immediate family, is called a __________ .​

Question 53

A marital contract made before marriage is called a(n) _____________ contract.​

Question 54

Legally, a(n) ____________ child is one who is conceived and born to an unmarried woman.

Question 55

Legal topics vary from country to country and this is sometimes true in family law. Which of the statements below is true regarding family law and it legal international differences and commonalities.​

A)In France, local officials can overrule names chosen by parents whereas in the United States they cannot.
B)In both China and the United States government approval is required to determine the number of children a family may have.
C)In some states such as California, martial property is community property and in Spain and Mexico martial property is similarly determined by common law rules.
D)In all counties of the world a husband can only take one wife.

Question 56

Court-ordered spousal support, also called ____________ that continues indefinitely unless terminated by the _____________________ of either party or the ___________________ of the recipient is called ___________________ alimony.​

Question 57

Oliver was the son of Fagin Twist a particularly unpleasant person. He mentally berated Oliver and engaged in corporeal punishment as a standard disciplinary choice. Oliver's mother, Corney, was not much better as she required Oliver to listen to William Hung and Sanjaya Malakar records for hours on end. In some states Oliver, even while a minor, might consider a(n)

A)custody case.
B)dissolution of family.
C)adoption
D)emancipation

Question 58

Child custody arrangements, in which the court orders to a child reside with one parent for part of each year, and with the other parent during the remainder of the year, is called ________________ custody.​

Question 59

A state law that requires a minor female to notify one or both of her parents that she intends to obtain an abortion (or in the alternative, to obtain court permission for an abortion) is _______________ according to the U.S. Supreme Court.​

Question 60

Court-ordered alimony that automatically terminates at a stated time is called _________________ alimony.​

Question 61

What is an annulment? Name two grounds. Why would someone prefer an annulment over a divorce?​

Question 62

The common-law doctrine of ____________ held that one spouse could not sue the other spouse, other than to dissolve the entity (as through divorce).​

Question 63

In a community property state, earnings of either spouse are _____________ property and property inherited by one spouse is the spouse's ____________ property.​

Question 64

A husband is ________ to be the father of a child who is born while a couple is married although it is possible that _________ can be _________________ by evidence to the contrary.​

Question 65

Describe one pro and one con of prohibiting - or regulating - the buying and selling of human sperm and eggs on the market.​

Question 66

Should a state adopt a statute requiring a minor female to notify at least one of her parents of her intention to obtain a legal abortion?​

Question 67

__________________________________ property is property acquired before marriage or  during marriage by gift or inheritance. The husband and wife are "partners" in all other property  acquired during marriage and that property is called_____________property.
​

Question 68

Describe one pro and one con of prohibiting spouses from causing the genetic alteration of their embryo to produce a more healthy, or more handsome, or taller/thinner, or more intelligent, or right-handed child.​

Question 69

Under original common law theory, title to all property owned by a _______ was automatically vested in the ____________ upon marriage.​

Question 70

How might a spouse who is a spouse of a common-law marriage recognized in Texas have the marriage recognized in a state that does not provide for common-law marriage?​

Question 71

The Supreme Court case that found abortions were legal as an part a constitutional right to privacy was _________________ .​

Question 72

In a few states, a ____________ marriage may arise when a man and a woman continue to live together as husband and wife but without legal formalities.​

Question 73

Pick the correct answer below and explain why it is correct. Explain why the alternative answers are incorrect.
Many states prohibit intermarriage of persons who are "lunatics" or who are "insane."
a. This policy is sound, because it protects against the birth of genetically inferior children.
b. This policy is sound, because "lunatics" or "insane" persons are, by definition, not able to comprehend the significance of intermarriage.
c. This policy is unsound, because it discriminates against "lunatics" and "insane" persons.
d. This policy is unsound, because there is no clear or realistic standard by which to determine if one is a "lunatic" or "insane."​

Question 74

Briefly describe the following:
a. common-law marriage
b. Marvin marriage
c. domestic partnership
d. civil union
e. covenant marriage​

Question 75

What are the factors used by the court to determine alimony or spousal support?