Deck 5: Marriage

Question 1

Which of the following are the elements of a common-law marriage?

A)legal capacity to marry
B)intent to marry
C)cohabitation
D)openness
E)all of the above

Answer 1

E

Question 2

Both bride and bridegroom must be present in a proxy marriage.

Answer 2

False

Question 3

Covenant marriages are no-fault marriages.

Answer 3

False

Question 4

Which of the following is an element of a contract?

A)offer
B)acceptance
C)consideration
D)all of the above

Question 5

In states where common-law marriages are allowed, such marriages cannot have the same validity as ceremonial marriages.

Question 6

An inter vivos gift is never irrevocable.

Question 7

A broken engagement in some states might constitute a breach of contract and fraud.

Question 8

The violation of the technical requirements for marriage does not invalidate the marriage in most states.

Question 9

What is fraud?

Question 10

Justice Kennedy used a tiered analysis to rule that a ban on same-sex marriage is unconstitutional.

Question 11

A promise to marry is a contract.

Question 12

General restraints on marriage are enforceable only if they serve what the court considers a useful purpose.

Question 13

DOMA authorizes civil unions.

Question 14

All gifts are revocable.

Question 15

Which decision rules that the state could not criminalize private same-sex intimacy between consenting adults?

A)Obergefell v .Hodges
B)Lawrence v .Texas
C)U.S .v .Windsor
D)Loving v .Virginia
E)all of the above

Question 16

Why is specific performance an inappropriate remedy for breach of promise to marry?

Question 17

Before marriage was legalized in every state, persons in a civil union were granted every state and federal right and benefit accorded a marriage.

Question 18

Distinguish between a general restraint on marriage and a reasonable limitation on marriage.

Question 19

A state that has abolished breach-of-promise-to-marry actions will always allow a fraud action if the elements of fraud can be established.

Question 20

Which of the following is not a category of damages?

A)compensatory
B)punitive
C)promissory
D)mitigating

Question 21

State the ruling of Obergefell v. Hodges.

Question 22

In most cases, the validity of a marriage is determined by the law of the state of ________________________ .

Question 23

The recipient of a gift is a(n) ________________________ .

Question 24

What is the privilege for marital communication?

Question 25

Match each numbered entry with the most relevant lettered entry below.

a. has many of the state rights enjoyed by marriages
b. has the same rights and duties as a ceremonial
c. deeply rooted in the nation's history
d. prevented
e. breach of promise to marry
f. marriage between the races
g. valid gift
h. where one was physically present
i. payment of money
j. governed federal benefits
civil union

Question 26

A putative spouse is unaware of a(n) ________________________ to the validity of the marriage.

Question 27

What is a domestic partnership? FILL IN THE BLANK Complete each statement.

Question 28

Money paid because of wrongful conduct is called ________________________ .

Question 29

Match each numbered entry with the most relevant lettered entry below.

a. has many of the state rights enjoyed by marriages
b. has the same rights and duties as a ceremonial
c. deeply rooted in the nation's history
d. prevented
e. breach of promise to marry
f. marriage between the races
g. valid gift
h. where one was physically present
i. payment of money
j. governed federal benefits
miscegenation

Question 30

Match each numbered entry with the most relevant lettered entry below.

a. has many of the state rights enjoyed by marriages
b. has the same rights and duties as a ceremonial
c. deeply rooted in the nation's history
d. prevented
e. breach of promise to marry
f. marriage between the races
g. valid gift
h. where one was physically present
i. payment of money
j. governed federal benefits
domicile

Question 31

Match each numbered entry with the most relevant lettered entry below.

a. has many of the state rights enjoyed by marriages
b. has the same rights and duties as a ceremonial
c. deeply rooted in the nation's history
d. prevented
e. breach of promise to marry
f. marriage between the races
g. valid gift
h. where one was physically present
i. payment of money
j. governed federal benefits
heart balm action

Question 32

Match each numbered entry with the most relevant lettered entry below.

a. has many of the state rights enjoyed by marriages
b. has the same rights and duties as a ceremonial
c. deeply rooted in the nation's history
d. prevented
e. breach of promise to marry
f. marriage between the races
g. valid gift
h. where one was physically present
i. payment of money
j. governed federal benefits
irrevocable marriage

Question 33

Match each numbered entry with the most relevant lettered entry below.

a. has many of the state rights enjoyed by marriages
b. has the same rights and duties as a ceremonial
c. deeply rooted in the nation's history
d. prevented
e. breach of promise to marry
f. marriage between the races
g. valid gift
h. where one was physically present
i. payment of money
j. governed federal benefits
common-law marriage

Question 34

Match each numbered entry with the most relevant lettered entry below.

a. has many of the state rights enjoyed by marriages
b. has the same rights and duties as a ceremonial
c. deeply rooted in the nation's history
d. prevented
e. breach of promise to marry
f. marriage between the races
g. valid gift
h. where one was physically present
i. payment of money
j. governed federal benefits
estopped

Question 35

A person who dies ______________________ dies without a valid will.

Question 36

An action for breach of promise to marry is called a(n) ________________________ action.

Question 37

Match each numbered entry with the most relevant lettered entry below.

a. has many of the state rights enjoyed by marriages
b. has the same rights and duties as a ceremonial
c. deeply rooted in the nation's history
d. prevented
e. breach of promise to marry
f. marriage between the races
g. valid gift
h. where one was physically present
i. payment of money
j. governed federal benefits
DOMA

Question 38

Match each numbered entry with the most relevant lettered entry below.

a. has many of the state rights enjoyed by marriages
b. has the same rights and duties as a ceremonial
c. deeply rooted in the nation's history
d. prevented
e. breach of promise to marry
f. marriage between the races
g. valid gift
h. where one was physically present
i. payment of money
j. governed federal benefits
damages

Question 39

What is a covenant marriage?

Question 40

Match each numbered entry with the most relevant lettered entry below.

a. has many of the state rights enjoyed by marriages
b. has the same rights and duties as a ceremonial
c. deeply rooted in the nation's history
d. prevented
e. breach of promise to marry
f. marriage between the races
g. valid gift
h. where one was physically present
i. payment of money
j. governed federal benefits
fundamental right