Deck 5: Attorney Ethics and Paralegal Ethics

Question 1

What is a collusive divorce, and why is it less common today?

Answer 1

It is a divorce obtained in a proceeding in which the husband and wife agreed to lie to the court in order to facilitate the granting of the divorce. Because of no-fault divorce, couples are less likely to need to be collusive.

Question 2

Which of the following is not a no-fault ground for divorce?

A) incompatibility
B) desertion
C) living apart
D) irreconcilable differences
171

Answer 2

B

Question 3

It is not possible for someone with a valid jurisdictional objection to a divorce judgment to be estopped from raising that objection.

Answer 3

False

Question 4

Recrimination exists when the plaintiff in the divorce action incited the acts constituting the marital wrong by the other spouse.

Question 5

Give examples of when marital misconduct is asserted in a divorce action today.

Question 6

A separation agreement is a legal separation.

Question 7

What kind of jurisdiction is needed to dissolve a marriage and to award alimony, child support, and a property division?

Question 8

What is the distinction between domicile and residence?

Question 9

The granting of a divorce because an opponent fails to appear or answer the petition/complaint is a:

A) collusive divorce.
B) limited divorce.
C) default divorce.
D) bilateral divorce.

Question 10

A child acquires a domicile by operation of law.

Question 11

To dissolve a marriage, a court needs:
a. in rem jurisdiction.
b. personal jurisdiction.
c. minimum contacts.
d. full faith and credit.

Question 12

An exception to the movement away from fault grounds is the option of a covenant marriage in some states.

Question 13

Only the party who was not at fault can assert the incompatibility ground for divorce.

Question 14

The final divorce judgment is called the interlocutory judgment.

Question 15

Which of the following are defenses to fault grounds of divorce?

A) collusion
B) recrimination
C) connivance
D) all of the above

Question 16

What is a legal separation?

Question 17

A divorce a vinculo matrimonii is a legal separation.

Question 18

For a divorce to be granted on a no-fault ground, both spouses must agree that a reconciliation is impossible.

Question 19

In a state with no-fault grounds for divorce, fault grounds are never available.

Question 20

What are the five major orders in a divorce judgment?

Question 21

When will a spouse with a valid jurisdictional challenge to a divorce decree be estopped from bringing the challenge?

Question 22

Additional evidence of a fact in dispute is called .

Question 23

Irreconcilable differences is a no-fault ground for divorce that is established when there is such discord between the husband and wife that there has been an breakdown of the marriage.

Question 24

Match each numbered entry with the most relevant lettered entry below.
a. stay
b. operation of law
c. constructive desertion
d. domestic-relations exception
e. collateral attack
f. venue
g. pro se
h. divisible
i. prove-up
j. ne exeat
29. enforceable in part
30. challenging a judgment in a different proceeding
31. place of the trial
32. self-representation
33. presenting evidence against someone who does not appear in court
34. suspension of a judgment
35. prohibition against leaving
36. lack of jurisdiction by a federal court
37. conduct that justifies the other spouse's departure
38. legal consequences that can apply regardless of intent

Question 25

List some of the main options for enforcing a divorce judgment.

Question 26

A summary is a divorce obtained in an expedited manner because of the brevity of the marriage, the minimal amount of marital property, and the lack of controversy between the husband and wife.

Question 27

In rem jurisdiction is the court's power over a particular , which is a thing
e.g., a car) or a status
e.g., a marriage) that is located within the territory over which the court has authority.

Question 28

Comparative is a comparison of the wrongdoing of two spouses in causing the breakdown of the marriage so that the divorce can be given to the spouse least at fault.

Question 29

A is a formal declaration that a party has read the pleading and swears that it is true to the best of his or her knowledge.