Deck 11: Legal Research

Question 1

Assume that a U.S. citizen has a nonmarital child while in a foreign country and now wants that child to be declared a citizen of the United States. Under U.S. immigration law, it is easier for a foreign-born child to become a citizen if the child is seeking citizenship through its mother than through its father.

A) The immigration law is unconstitutional because the child has a fundamental right to become a citizen.
B) The immigration law is unconstitutional because it fails the test of strict scrutiny.
C) The immigration law is constitutional because the government needs additional assurance that the man is the father.
D) The immigration law is constitutional because the child does not have a fundamental right to become a citizen.

Answer 1

C

Question 2

Assume that a child is conceived after the death of its father. The mother conceived through IVF, using the sperm of her deceased husband. Under local law, a child born after the death of its father can inherit from the father, but a child conceived after his death cannot.

A) It is unconstitutional to deny children conceived after the death of their father the right to inherit from him.
B) It is unconstitutional to impose burdens on children conceived after the death of the father that are not imposed on children born after his death.
C) It is constitutional to deny children conceived after the death of their father the right to inherit from him when children born after his death are allowed to inherit from him.
D) It is constitutional to favor children conceived after the death of the father.

Answer 2

C

Question 3

DNA testing is done on deoxyribonucleic acid removed from cells.

Answer 3

True

Question 4

A child born through artificial insemination is the legitimate child of the husband if he consented to the insemination even if the child was not born with his sperm.

Question 5

Paternity by estoppel is established when a court allows the presumption of paternity to be rebutted even though there is no biological relationship between the presumed putative) father and the child.

Question 6

How are nonmarital children discriminated against in immigration when they seek citizenship through their father?

Question 7

How can accidental incest occur?

Question 8

A court cannot declare that a man is the father of a child unless that court has personal jurisdiction over the man.

Question 9

Personal jurisdiction cannot be obtained over a nonresident unless he or she is served within the state.

Question 10

A father has two children: one is a marital child and the other is a nonmarital child. If the father dies from a workplace injury:

A) the state cannot prefer a marital child over a nonmarital child in the award of workers' compensation.
B) the state can prefer a marital child over a nonmarital child in the award of workers' compensation.
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C) the nonmarital child cannot receive workers' compensation unless paternity was established before death.
D) the nonmarital child cannot receive workers' compensation unless he or she was living with the father at the time of the death.

Question 11

At common law, an illegitimate child was the child of nobody.

Question 12

Paternity must be proven beyond a reasonable doubt.

Question 13

How are nonmarital children discriminated against in social security?

Question 14

Today, a nonmarital child can inherit from his or her intestate father or mother.

Question 15

What legal disabilities did nonmarital children face at common law?

Question 16

Under the Uniform Parentage Act UPA):

A) an illegitimate child must meet some requirements that do not apply to legitimate children.
B) some of the distinctions between legitimate and illegitimate children have been abolished.
C) all the distinctions between legitimate and illegitimate children have been abolished.
D) legitimate children are favored.

Question 17

A putative father is a man proven to be the biological father of the child.

Question 18

What are the different ways that legitimation can occur?

Question 19

Mothers and fathers have an equal duty to support their nonmarital children.

Question 20

What are the three main kinds of artificial insemination that can be used by a married couple?

Question 21

How will a court resolve conflicting presumptions of paternity?

Question 22

If the evidence demonstrates that the existence of a disputed fact is much more probable than its nonexistence, then that fact has been established by a of the evidence.

Question 23

Under the , civil or criminal actions are barred if not brought within a specified period of time. The action is time-barred.

Question 24

What is Lord Mansfield's Rule?

Question 25

A child born to a married woman is to be legitimate unless conclusively proven otherwise.

Question 26

The defense of prevents the same parties from retrying a claim that has already been resolved in a prior case or prevents the litigation of a claim arising out of the same transaction involved in the first case that could have been raised in the first case but was not.

Question 27

benefits is a form of life insurance from social security in which widows, children, and other designated survivors can receive monthly payments and other benefits upon the death of a worker.

Question 28

Match each numbered entry with the most relevant lettered entry below.
a. nonmarital child
b. consanguinity
c. Lord Mansfield's rule
d. equitable estoppel
e. standing
f. forum
g. preponderance of the evidence
h. testate 36. the right to bring a case
i. intermediate scrutiny
j. paternity by estoppel
29. inadmissibility of testimony of a spouse on access
30. paternity finding even if the man and child are not related
31. leaving a valid will
32. substantially related to achieve an important state interest
33. more likely than not that the facts are as alleged
34. relationship by blood
35. a court hearing a case
37. born to unmarried parents
38. not allowing the assertion of a right due to another's reliance

Question 29

To die means to die leaving a valid will.