Deck 53: Family Law

Question 1

Which of the following statements is true of a breach of a promise to marry in the United States?

A) It is considered an unlawful and serious breach of contract.
B) The person who initiates the breach is subjected to legal prosecution.
C) Most courts do not recognize a breach of a promise-to-marry lawsuit.
D) The person who backs out has to pay permanent alimony.

Answer 1

C

Question 2

Which of the following is a legal requirement of marriage?

A) Neither party can be currently married to someone else.
B) Neither party can be eligible to marry if they are emancipated from their parents.
C) Both parties have to be above 18 years to marry even if they are emancipated from their parents.
D) The marrying couple must be closely related by blood.

Answer 2

A

Question 3

________ is a type of marriage some states recognize in which a marriage license has not been issued but certain requirements are met.

A) Emancipation
B) Common law marriage
C) Free union
D) Cohabitation marriage

Answer 3

B

Question 4

All states require a marriage ceremony to be held before the marriage license is issued.

Question 5

A common law marriage requires a marriage license to be considered valid.

Question 6

A person who breaches a promise to marry can be held liable for punitive damages under the law.

Question 7

A court decree of divorce need not be obtained to end a common law marriage.

Question 8

A minor's act of legally separating from his or her parents and providing for himself or herself is known as ________.

A) ademption
B) revocation
C) redemption
D) emancipation

Question 9

The length of time the parties live together is sufficient to establish a common law marriage.

Question 10

Which of the following is a misconception of a common law marriage?

A) that the parties have to voluntarily intend to be husband and wife in order to establish a common law marriage
B) that only the parties who have a marriage license can establish a common law marriage
C) that living together is necessary to establish a common law marriage
D) that cohabitation is sufficient in and of itself to establish a common law marriage

Question 11

Which of the following is a legal requirement of a marriage in all states?

A) marriage license
B) marriage ceremony
C) prenuptial agreement
D) parental consent

Question 12

Stan and Stella had promised to marry each other and signed a written contract stating their intentions. They planned to marry a year from the date of signing the contract. After they signed the contract, Stan proposed to Stella and presented her with an engagement ring. However, two months before the marriage, Stan called off the engagement. Which of the following would be true if the state in which they reside follows the fault rule?

A) The ring will remain with Stella.
B) The ring will be returned to Stan.
C) The ring will be auctioned and the proceeds will be shared between the couple.
D) The ring will be owned by whoever marries first after the engagement.

Question 13

Which of the following is true of a common law marriage?

A) Both parties enjoy relaxations in the eligibility criteria in terms of minimum age and emancipation when they marry.
B) All the rights and duties of a normal licensed marriage apply to a common law marriage.
C) A court decree of divorce is not required to end a common law marriage as there is no marriage license or ceremony.
D) The parties involved need not provide proof of cohabitation to establish a common law marriage.

Question 14

Under the objective rule, the person who was given the engagement ring must return the ring, regardless of which party broke off the engagement.

Question 15

Which of the following statements is true of the fault rule when an engagement is broken?

A) If the person who accepted the engagement ring breaks off the engagement, the ring will be owned by the person who marries first.
B) If the person who accepted the engagement ring breaks off the engagement, he or she can retain the engagement ring.
C) If the person who gave the engagement ring breaks off the engagement, the other side can rightfully keep the engagement ring.
D) If the person who gave the engagement ring breaks off the engagement, the ring is sold at an auction and the proceeds are shared between both parties.

Question 16

According to the fault rule, if the person who gave the engagement ring breaks off the engagement, then the other party can rightfully keep the engagement ring.

Question 17

Which of the following is a requirement for a common law marriage to be valid?

A) that a marriage license was obtained
B) that there was a legal marriage ceremony
C) that the parties live together
D) that the parties have a valid prenuptial agreement

Question 18

Stan met Stella a month after his break-up with his ex-girlfriend, Nora. Stan and Stella fell in love, promised to marry each other, and even signed a written contract stating their intentions to marry each other in six months. Two months before their wedding, Stan met Nora accidentally, and they resolved their differences over a long conversation. Stan then informed Stella that he had patched things up with Nora and broke his promise to marry her. Which of the following statements is true in this situation?

A) Stan will have to pay temporary alimony to Stella for this breach.
B) The contract remains valid as Stan could only break the contract three months prior to the marriage.
C) Stella can legally enforce Stan's promise to marry her.
D) Stan is free to leave Stella even though he has broken the contract.

Question 19

The ________ is a rule which states that if an engagement is broken off, the person who was given the engagement ring must return the ring, regardless of which party broke off the engagement.

A) fault rule
B) objective rule
C) pro se rule
D) abatement rule

Question 20

Cohabitation is not sufficient in and of itself to establish a common law marriage.

Question 21

What are the parent's rights and duties towards their children? What is child neglect?

Question 22

One of the parties being intoxicated at the time of marriage is a ground for a legal annulment.

Question 23

A decree of divorce is an order of the court declaring that a marriage did not exist.

Question 24

Sally and Colton adopted a(n) ________ approach by choosing to represent themselves in court.

A) settlement
B) pro se divorce
C) arraignment
D) annulment

Question 25

A ________ is a written document signed by divorcing parties that evidences their agreement in the division of property, rights and duties, and other issues of their divorce.

A) settlement agreement
B) prenuptial agreement
C) decree of divorce
D) pro se divorce

Question 26

________ is a divorce proceeding in which the parties represent themselves in the divorce action.

A) Pro se divorce
B) Settlement
C) Emancipation
D) Prenuptial divorce

Question 27

Massachusetts was the first state to grant equal rights to same-sex couples to get married.

Question 28

No-fault divorces were beginning to be recognized in the ________.

A) 1950s
B) 1960s
C) 1970s
D) 1980s

Question 29

A divorce recognized by the law of a state whereby neither party is blamed for the divorce is known as a(n) ________.

A) annulment
B) pro se divorce
C) no-fault divorce
D) at-fault divorce

Question 30

An order of the court which declares that a marriage did not exist is known as a(n) ________.

A) divorce
B) arraignment
C) abatement
D) annulment

Question 31

All states provide that persons under a certain age, such as 14 or 15 years of age, cannot be married.

Question 32

When is a restraining order issued in a divorce?

A) when both partners have filed for divorce stating irreconcilable differences
B) when one of the partners is financially dependent on the other
C) when one of the partners is disabled and physically dependent on the other
D) when one of the partners is potentially dangerous to the other

Question 33

Which of the following can lead to an annulment?

A) if one of the parties has breached the promise to marry
B) if one or both parties were intoxicated at the time of the marriage
C) if one of the parties has children from a prior marriage that was legally terminated
D) if both parties failed to sign a prenuptial agreement in advance of their marriage

Question 34

Which of the following can Sally obtain to protect herself from Colton after the divorce?

A) an annulment order
B) a restraining order
C) a postnuptial agreement
D) a divorce decree

Question 35

States will permit younger persons to be married if they have the consent of their parents or if they are emancipated from their parents.

Question 36

A parent's refusal to obtain medical care for a child can be punished as a crime.

Question 37

________ occurs when a parent fails to provide a child with the necessities of life or other basic needs.

A) Child custody
B) Child neglect
C) Emancipation of a child
D) Annulment

Question 38

What is a decree of divorce?

A) a petition filed by the spouse seeking divorce
B) a court order that terminates a marriage
C) a set of rules on how assets are to be divided after divorce
D) a court order placing limitations on the ability of a dangerous partner to go near the other partner

Question 39

A divorce is the only method for legally terminating a marriage.

Question 40

What kind of divorce would Sally seek to best represent her state?

A) emancipation
B) annulment
C) at-fault divorce
D) no-fault divorce

Question 41

In a pro se divorce, the parties represent themselves in the divorce proceedings.

Question 42

In the event of Jane and Will opting for a divorce, ________ would be considered separate property for Jane.

A) the ancestral home
B) the new car
C) the stocks and bonds
D) the farmhouse

Question 43

The law considers children born of a marriage that is annulled to be legitimate.

Question 44

________ is a law used by some states in which the court orders an equal division of marital property to the divorcing spouses.

A) Equitable distribution
B) Adjusted distribution
C) Community property distribution
D) Marital distribution

Question 45

A prenuptial agreement is a legal document issued by a state which certifies that two people are married.

Question 46

In which of the following cases is separate property considered marital property?

A) if the separate property was owned by the spouse prior to the terminated marriage
B) if the separate property was an inheritance
C) if the owner transferred title to the separate property to the spouse's name
D) if the separate property was a gift received during marriage

Question 47

Which of these legally binding documents are created before a marriage?

A) a community will
B) a reciprocal will
C) a settlement agreement
D) a prenuptial agreement

Question 48

Separate property does not include property owned by a spouse prior to the marriage.

Question 49

Upon the termination of a marriage, the separate property owned by spouses is ________.

A) equally divided between the spouses
B) retained by the respective spouses who owned it
C) shared using a fair distribution method for marital assets
D) co-owned by both spouses

Question 50

If a settlement is not reached after mediation, the divorce case goes to trial.

Question 51

Separate property owned by one individual can be converted to marital property after marriage by placing that individual's spouse's name on title to the property.

Question 52

Property owned by a spouse prior to marriage as well as inheritances and gifts received by a spouse during the marriage are referred to as ________.

A) separate property
B) marital property
C) community property
D) reciprocal property

Question 53

A spouse wishing to obtain a no-fault divorce merely has to assert irreconcilable differences with his or her spouse.

Question 54

In an at-fault divorce, neither party is considered to be at fault.

Question 55

In mediation, the divorcing couple is asked to sort out their issues on their own without any outside interference.

Question 56

What is an annulment? On what grounds are annulments provided?

Question 57

To be enforced, a prenuptial agreement must be in writing.

Question 58

________ is a law in which the court orders a fair sharing of marital property to the divorcing spouses and the fair share need not be an equal share.

A) Community property distribution
B) Equitable distribution
C) Equal asset distribution
D) Marital distribution

Question 59

A mediator is allowed to make decisions for a divorcing couple.

Question 60

A decree of divorce is only granted after division of property and other settlements are finalized.

Question 61

Rehabilitation alimony is terminated if the receiving individual remarries.

Question 62

Joint marital debts are debts incurred by the spouses prior to the marriage.

Question 63

The courts ordered Colton to pay 25 percent of his gross monthly income as child support. Additionally, the court ordered Colton's employer to automatically withhold 25 percent of his wages and send a check in that amount to Sally. This mode of providing alimony to Sally is stipulated by the ________.

A) Defense of Marriage Act
B) Marriage Protection Act
C) Equal Protection Clause
D) Family Support Act

Question 64

In the event of Jane and Will opting for a divorce, Will's stocks and bonds would be considered to be a part of ________.

A) Jane's separate property
B) the couple's marital assets
C) Will's separate property
D) the couple's separate property

Question 65

Which of the following is a provision of the Family Support Act?

A) that same-sex marriages are permissible for people who are legally eligible to marry
B) that specify how property will be distributed on termination of the marriage by divorce or annulment, or the death of a spouse
C) that all original or modified child support orders require automatic wage withholding from a noncustodial parent's income
D) that states cannot refuse to offer federal benefits like Social Security to same-sex married couples

Question 66

How is the division of debts conducted after a divorce?

Question 67

Alimony that is ordered by the court to be paid by one divorcing spouse to the other divorcing spouse for a limited period of time is known as ________.

A) rehabilitation alimony
B) lifetime alimony
C) life estate
D) intestacy allowance

Question 68

Which of the following legislations was designed primarily to prevent noncustodial parents from failing to pay required support payments?

A) the Defense of Marriage Act
B) the Family Support Act
C) the Equal Protection Clause
D) the Marriage Protection Act

Question 69

Which of the following statements is true of the award of legal custody after a divorce?

A) The awarding of legal custody to a custodial parent is permanent.
B) The custodial parent only has physical custody because legal custody is always shared among divorced parents of the child.
C) The wishes of the child in determining who receives legal custody is given more consideration for older children.
D) The court cannot refuse to award custody to either parent under any extenuating circumstances.

Question 70

Payments made by one divorced spouse to the other divorced spouse are collectively referred to as ________.

A) debt money
B) trust money
C) estate
D) alimony

Question 71

Alimony is the amount paid by both parties in a divorce to each other until the settlement agreement is finalized.

Question 72

What financial recourse can Sally, who is now self-sufficient after their divorce, claim from Colton?

A) annulment
B) child support
C) permanent alimony
D) rehabilitation alimony

Question 73

The ________ is a federal statute that provides for the automatic wage withholding of child support payments from a noncustodial parent's income.

A) Marriage Protection Act
B) Equal Protection Clause
C) Family Support Act
D) Defense of Marriage Act

Question 74

The main objective of rehabilitation alimony is to provide ________.

A) permanent financial compensation to an elderly divorced spouse
B) temporary financial reprieve until the spouse can rejoin the workforce
C) financial support for the spouse until he or she dies
D) financial aid for spouses who have no chance of rejoining the workforce

Question 75

In this situation, what kind of child custody claims, if any, would Colton have on the child?

A) joint physical custody
B) joint custody
C) no custody; supervised visitation rights
D) no custody; ordinary visitation rights

Question 76

A custody arrangement whereby the child of divorcing parents spends a certain amount of time being raised by each parent is known as ________.

A) marital custody
B) joint physical custody
C) arraignment
D) accommodation

Question 77

If a debt is not paid by the spouse to whom the court has distributed the debt, the third-party creditor may recover payment of the debt from the other spouse.

Question 78

Under the doctrine of community property, all property acquired during the marriage using income earned during the marriage is considered marital property.

Question 79

An award of child support to be paid to the custodial parent by a noncustodial parent is a fixed amount that cannot be modified with changing conditions.

Question 80

Na Li is a South Asian immigrant in New Jersey who was divorced by her husband after 34 years of marriage. She can proficiently converse only in her native language. She lacks any employable skills and was restricted from leaving her house throughout her marriage and childbearing years. She has two children who are employed in different cities. She also suffers from a mild but prolonged depressive disorder called dysphoria. Na Li is most likely to qualify for ________ considering her situation.

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