Question 1

An enticement action can be brought against the boyfriend of a wife.

Accepted Answer

An enticement action can be brought against a person who has intentionally interfered with the marital relationship, such as a boyfriend engaging in an affair with a married woman, under the tort of alienation of affections or similar legal principles in jurisdictions where such claims are recognized.

Question 2

A declaration of nullification is the Catholic Church's declaration that a divorce is granted.

Accepted Answer

A declaration of nullification by the Catholic Church states that a marriage was invalid from the start and therefore, it is as if it never happened, not that a divorce is granted.

Question 3

A putative marriage is a valid marriage except where property and support are concerned.

Accepted Answer

A putative marriage is not a valid marriage, but rather a situation where one or both parties believe they are married but for various reasons (e.g. failure to obtain a legal divorce, fraudulent marriage license) the marriage is not legally recognized. This can impact property and support rights, as the individuals may not have the same legal protections and entitlements as in a valid marriage.

Question 4

One of the requirements of entering into a contract is mental capacity.

Accepted Answer

Mental capacity refers to the ability of the parties involved to understand the terms and implications of the contract they are entering into. In order for a contract to be legally binding, all parties must have the necessary mental capacity.

Question 5

To consider oneself married without a license is always illegal.

Accepted Answer

While it is not legal or recognized by the government, some people may consider themselves married without a license through common law marriage or religious ceremony. However, it is not technically illegal to consider oneself married without a license.

Question 6

Pro se is a Latin term that means void from the very beginning.

Accepted Answer

Pro se actually means "for oneself" or "on one's own behalf" in legal terminology.

Question 7

When a man and a woman live together for a period of time, they are automatically considered to have a common law marriage in all states.

Accepted Answer

Common law marriage is only recognized in a few states and requires certain criteria to be met, such as publicly presenting oneself as married and having the intent to be married. Simply living together for a period of time does not establish a common law marriage in any state.

Question 8

Consortium is traditionally defined as a wife's services, companionship, and sexual relations.

Accepted Answer

Consortium traditionally refers to the rights and privileges that a husband was entitled to receive from his wife, including services, companionship, and sexual relations.

Question 9

Consanguinity is a rare blood type.

Accepted Answer

Consanguinity refers to a relationship of two individuals who are related by a common ancestor. It is not a blood type.

Question 10

Heart-balm statutes were replaced in at least 25 states by the breach-of-promise action.

Accepted Answer

Heart-balm statutes were enacted to abolish causes of action related to breach-of-promise to marry, alienation of affection, and similar personal grievances, not to replace them.

Question 11

A marriage that does not meet all the legal requirements is said to be voidable.

Accepted Answer

A marriage that does not meet all the legal requirements can be considered voidable, meaning that it is valid until one of the parties seeks to have it annulled.

Question 12

A religious annulment has no legal standing in a court of law.

Accepted Answer

A religious annulment is a decision made by a religious authority within a particular faith, and it has no legal impact on a marriage in the eyes of the law. A couple must still obtain a legal divorce or annulment through the court system in order to dissolve their marriage legally.

Question 13

The promisee is the jilted fiancée.

Accepted Answer

The term "promisee" refers to the person who is promised something in a contract or agreement. In this scenario, the jilted fiancée is likely the promisee who was promised marriage by the other party who broke off the engagement.

Question 14

Marriage is technically known as an anomalous contract.

Accepted Answer

Marriage is considered an anomalous contract because it is not like any other typical contract that is enforceable by law. It involves personal and emotional aspects that cannot be measured or quantified, making it a unique and special arrangement.

Question 15

The dissolution of a marriage is the same as a divorce.

Accepted Answer

The dissolution of a marriage is the legal term for ending a marriage, which is commonly referred to as a divorce.

Question 16

A monogamous marriage is a marriage between one man and two wives.

Accepted Answer

A monogamous marriage is a marriage between one man and one woman.

Question 17

A tort is a personal wrong committed by one party against another that allows for damages to be paid.

Accepted Answer

A tort is a civil wrong that results in harm or injury to another person or their property. This harm can be physical, emotional, or financial in nature. The person who commits the tort is known as the tortfeasor, and the person who is harmed is known as the victim or the plaintiff. Damages can be awarded to the victim to compensate for their losses. Examples of torts include negligence, intentional infliction of emotional distress, and defamation.

Question 18

Expectation damages are damages that are expected by a defendant.

Accepted Answer

Expectation damages are damages that are expected by a plaintiff, not a defendant. Defendants may be liable to pay expectation damages to plaintiffs as a result of breaching a contract or causing some other harm.

Question 19

A breach of promise is an action brought by a wronged party to an ecclesiastical court.

Accepted Answer

A breach of promise is a legal action brought by a wronged party to a civil court, not an ecclesiastical court.

Question 20

A marriage between two people is also known as a civil marriage.

Accepted Answer

A civil marriage is the legal union between two individuals, typically performed by a government official or authorized individual.

Quiz 5: Marriage