Deck 3: Living Together

Question 1

Issues such as paternity, child support, and visitation may never be settled by stipulations between parties.

Answer 1

False

Question 2

If a court determines that a cohabitation agreement is a valid contract, the court cannot ignore the agreement and will use it as a guideline for how the parties should be treated.

Answer 2

True

Question 3

Unlike a prenuptial agreement, a cohabitation agreement

A) has no legal requirement for the listing of assets and liabilities
B) is an oral agreement only
C) only involves property
D) None of these choices is correct.

Answer 3

A

Question 4

The difference between a prenuptial agreement and a cohabitation agreement is that

A) the parties to a prenuptial agreement are required to provide a complete listing of their assets and liabilities, while the parties to a cohabitation agreement are not
B) nothing; there is no difference
C) sexual relations are assumed in a prenuptial agreement but considered prostitution if included or implied in a cohabitation agreement
D) only one attorney is necessary for a premarital agreement since the marriage of the two parties makes the two individuals "one marital unit"

Question 5

In a prenuptial agreement, both parties are required to give

A) a complete listing of their assets and liabilities
B) a letter to the church or synagogue from their parents
C) a list of all their future responsibilities
D) All of these choices are correct.

Question 6

Unmarried cohabiting couples are largely on their own in crafting legal protections that fit their particular partnerships.

Question 7

An individual who has consented to an agreement under duress has consented by his or her own free will without outside influence.

Question 8

In the event the parties in a cohabitation agreement marry, the cohabitation agreement continues as previously stated.

Question 9

It is always advisable for the parties preparing a cohabitation agreement to have separate legal representation.

Question 10

A widowed spouse's remarrying after the age of 60 has no effect on his or her Social Security eligibility.

Question 11

Estoppel is

A) being stopped, by one's own prior acts, from claiming a right against another person who has legitimately relied on those acts
B) property left when someone dies without a will
C) a position in the federal government
D) an agency that protects the rights of cohabiting partners who cannot support themselves after a breakup

Question 12

All property owned by both parties prior to cohabitation is jointly owned once a couple moves in together.

Question 13

A cohabitation agreement ensures that a lawsuit will not be filed by one party against the other.

Question 14

Unmarried cohabiting couples are basically on their own when it comes to fashioning personal financial protections.

Question 15

The case that added the term palimony to the English language was

A) Marvin v. Marvin
B) Abbott v. Costello
C) Roe v. Wade
D) Farrow v. Allen
E) None of these choices is correct.

Question 16

The divorce rate for first-time marriages is higher than 75 percent.

Question 17

Hospitals and Medicaid cannot look to a cohabiting partner to pay the other partner's medical bills.

Question 18

The Marvin v. Marvin case added the word "palimony" to the American vocabulary and new legal ramifications for unmarried couples living together.

Question 19

In a cohabitation agreement, the parties are not required to give a complete rundown of their assets and liabilities.

Question 20

Assuming the last name of one's live-in partner gives a couple the same rights as if they were legally married.

Question 21

If parties do not have an express contract, a court may find that they have a/an _____ contract.

Question 22

The parties to a cohabitation agreement should

A) memorialize their intentions in a written agreement that is signed and witnessed
B) file a motion with the court
C) not move in together if they think they need such an agreement
D) None of these choices is correct.

Question 23

The Marvin v. Marvin case is nationally known for coining the term ______.

Question 24

Why might two unmarried cohabiting people form a cohabitation agreement?

A) All of these choices are correct.
B) It clearly defines the property that each party is bringing to the relationship.
C) It can be the vehicle through which the couple defines their expectations.
D) It may help circumvent hard feelings should the couple break up.

Question 25

In a cohabitation agreement, both parties are required to give

A) None of these choices is correct.
B) a complete listing of their assets and liabilities
C) a letter to the church or synagogue from their parents
D) a list of all their future responsibilities

Question 26

A cohabitation agreement that involves _____ will not be enforced by state courts.

A) the exchange of sexual favors
B) children
C) property and/or property distribution
D) None of these choices is correct.

Question 27

What is palimony?

A) money paid between unmarried parties when they cease living together
B) money or property paid to support a spouse after divorce
C) financial assistance from the government
D) None of these choices is correct.

Question 28

The term _____ literally means "before the wedding vows."

Question 29

A contract that is inferred between two parties from their conduct and surrounding circumstances is called a/an

A) implied contract
B) quasi contract
C) partnership
D) None of these choices is correct.

Question 30

What is the paralegal's role in the creation of a cohabitation agreement?

A) interviewing the parties and creating the agreement with an attorney's supervision
B) interviewing the parties only
C) creating the agreement with an attorney's supervision only
D) answering any legal questions the parties may have
E) None of these choices is correct.

Question 31

If a couple decides to live together without being married, they would be wise to sign a/an ______ agreement.

Question 32

A clause in any contract should

A) All of these choices are correct.
B) be fair to all parties involved
C) be grounded in common sense
D) be developed with the worst-case scenario in mind

Question 33

Even without any type of contractual agreement, some courts provide a/an ______ remedy to former cohabiting individuals.

Question 34

A document added to an original document is known as a/an _____.

Question 35

Who can prepare a cohabitation agreement?

A) All of these choices are correct.
B) an attorney
C) a paralegal
D) an unmarried couple

Question 36

A cohabitation agreement should cover issues such as

A) All of these choices are correct.
B) the property owned by each party
C) the current debts of each party
D) the financial investment accounts of the parties
E) claims in the event of death or separation

Question 37

Fear of divorce and loss of financial benefits are

A) reasons for cohabitation
B) reasons for marrying at a later age
C) reasons for infidelity
D) All of these choices are correct.

Question 38

Joint purchases made after a couple signs a cohabitation agreement should be listed in addendums and

A) All of these choices are correct.
B) show their values
C) show the percentage of ownership of each party
D) show the disposition of the items in case of breakup

Question 39

Some courts today are using _____ to prevent formerly cohabiting but unmarried couples from facing financial hardship after their living-together arrangements end.

A) None of these choices is correct.
B) the Marvin doctrine
C) the common law doctrine
D) the statute of frauds
E) equitable doctrines

Question 40

The legal precedent that came out of the case Marvin v. Marvin was

A) unmarried cohabiting partners can sue each other
B) never live with a famous person
C) unmarried cohabiting partners have no legal right to sue each other
D) nothing; this case set no legal precedent

Question 41

If changes have been made to a complaint, the complaint is said to have been _____.

Question 42

_____ is a type of benefit that the court does not think is fair.

Question 43

A writ of _____ is a higher court's request to a lower court to send up a certified copy of a record in a case so it can determine if there were any irregularities in the case in the lower court.

Question 44

_____ are the parts of a defendant's answer to a complaint that go beyond denying the facts and arguments of the case and set out new facts and arguments.