Deck 2: Paralegal Employment

Question 1

A premarital agreement can relieve a spouse of the obligation to pay child support if the couple has children when they are married.

Answer 1

False

Question 2

Marvin v. Marvin held that every state must give palimony rights to someone who has left a nonmarital relationship.

Answer 2

False

Question 3

A separation agreement is sometimes referred to as a postnuptial agreement.

Answer 3

True

Question 4

Give examples of topics that cannot be included in a premarital agreement.

Question 5

Give examples of topics that can be included in a premarital agreement.

Question 6

Once a premarital agreement is signed, it is an executory contract.

Question 7

What is a cohabitation agreement?

Question 8

What is the distinction between procedural fairness and substantive fairness?

Question 9

Debts brought into the marriage by one party always become joint debts once the marriage occurs.

Question 10

If a clause in an agreement is severable:

A) the rest of the agreement is enforced if that clause is declared invalid by a court.
B) the rest of the agreement cannot be enforced if that clause is declared invalid by a court.
C) it is against public policy.
D) it is invalid.

Question 11

A sunset clause can automatically terminate a premarital agreement.

Question 12

Another name for a premarital agreement is antenuptial agreement.

Question 13

Define premarital agreement.

Question 14

Public policy consists of the principles inherent in the customs, morals, and notions of justice that prevail in a state.

Question 15

The courts in some states oppose the enforceability of cohabitation agreements because:

A) they constitute payment for sex.
B) they weaken the institution of marriage.
C) the legislature should decide if they should be legal.
D) all of these choices.

Question 16

A cohabitation agreement:

A) can be expressed but not implied.
B) can be implied but not expressed.
C) can be expressed or implied.
D) can be implied if it is executory.

Question 17

A clause in a premarital agreement that states which party shall have custody of a child in the event of divorce will be:

A) binding on the court.
B) considered by the court but will not bind the court.
C) a reason to invalidate the entire agreement.
D) accepted if it is not severable.

Question 18

There is some doubt about whether a contract such as a premarital agreement can waive pension rights before the parties are married.

Question 19

A premarital agreement cannot change the rule that a spouse has a right to an elective share of his or her deceased spouse's estate.

Question 20

What categories of persons are most likely to enter a premarital agreement?

Question 21

is taking unfair advantage of another's naiveté or other vulnerability, especially by deceptive means.

Question 22

Something of value that is exchanged between parties is called ; it can be an act, a forbearance, a promise to perform an act, or a promise to refrain from performing an act.

Question 23

A agreement is a contract between married persons that covers financial and related matters.

Question 24

What remedies are available to resolve financial disputes of unmarried cohabiting couples upon their separation?

Question 25

Match each numbered entry with the most relevant lettered entry below.
a. meretricious
b. executory contract
c. cohabitation
d. resulting trust
e. malice
f. palimony
g. elective share
h. common law marriage
enrichment
i. severable
j. tacit
29. intent to inflict injury
30. understood without being openly stated
31. choosing an alternative to the terms in a will
32. support after a nonmarital relationship
33. entered without a license
34. pertaining to unlawful sexual relations
35. removable without destroying what remains
36. created by operation of law to prevent unjust
37. living in the manner of a husband and wife
38. not yet fully performed

Question 26

Under the doctrine, a court will examine changed circumstances since the time the document was entered executed).

Question 27

An award of the reasonable value of services that were provided despite the absence of an express or implied agreement to pay for the services is called .

Question 28

The statute of requires some contracts to be in writing.

Question 29

Give an example of illegal consideration for a cohabitation agreement.