Deck 4: The Regulation of Paralegals

Question 1

Distinguish between an annulment and a divorce.

Answer 1

An annulment is a declaration that a valid marriage never existed. A divorce is a declaration that a valid marriage is dissolved.

Question 2

What is the Enoch Arden presumption?

Answer 2

A spouse is presumed dead after being missing without explanation for a designated number of years despite due diligence in attempting to locate him or her.

Question 3

After which of the following court decrees are the parties still validly married?

A) divorce
B) legal separation
C) annulment
D) all of the above

Answer 3

B

Question 4

The minimum age to marry may differ depending on whether:

A) the parents have consented.
B) the female is pregnant.
C) a child has already been born.
D) all of the above.

Question 5

When is fraud a ground for annulment?

Question 6

When there has been more than one marriage, the most recent marriage is presumed to be invalid.

Question 7

Ratification is a retroactive approval of something.

Question 8

Today, children of an annulled marriage are usually considered legitimate.

Question 9

Distinguish between a voidable and a void marriage.

Question 10

What is the last-in-time presumption?

Question 11

The refusal of a spouse to engage in sexual intercourse is a ground for annulment.

Question 12

What is the standard of mental disability that will qualify as a ground for annulment?

Question 13

Once an annulment has been decreed, the phrase "annulled marriage" is more technically correct that the phrase "attempted marriage."

Question 14

When there has been more than one marriage, the first marriage is presumed to be valid.

Question 15

An annulment is a declaration that a valid marriage can be dissolved.

Question 16

Infertility can be a ground for an annulment.

Question 17

Which of the following is not a legal-capacity ground for annulment?

A) preexisting marriage
B) fraud
C) physical disability
D) nonage

Question 18

Consanguinity is relationship by marriage.

Question 19

Which of the following is not an intent or state-of-mind ground for annulment?

A) sham marriage
B) duress
C) consanguinity
D) fraud 168

Question 20

Some states will invalidate a marriage entered in their state solely to evade the marriage laws of another state.

Question 21

A judgment is a binding judgment that establishes declares) rights or duties but does not order their enforcement.

Question 22

A relationship that is recognized as a marriage because a party is prevented from asserting the invalidity of the marriage even though grounds for its invalidity may exist is called a marriage by .

Question 23

Under the marriage presumption, if more than one marriage is alleged to exist, the most recent marriage is presumed to be valid.

Question 24

A marriage is invalid even if no court ever declares its invalidity.

Question 25

What is the conflict-of-laws rule on the validity of a marriage?

Question 26

What is a sham marriage?

Question 27

Match each numbered entry with the most relevant lettered entry below.
a. GAL
b. consanguinity
c. affinity
d. lucid interval
e. impediment
f. voidable
g. annulment
h. ratification
i. Enoch Arden
j. intestate
29. declaration that a marriage never existed
30. the marriage of a man with his widowed daughter in law
31. valid unless declared invalid
32. approval of something after it occurred
33. presumption of death
34. special guardian
35. relationship by blood
36. die without a valid will
37. legal obstacle
38. sanity before returning to insanity

Question 28

A is an assumption or inference that a certain fact is true once another fact is established.

Question 29

A is the person or company holding legal title to property for the benefit of another.