Question 1

How have the regulations of child custody changed over time? Is it mandatory for the court to grant custody to either of the divorcing parents?

Accepted Answer

Traditionally,the court most often granted custody of a child to the mother.Today,with fathers taking a more active role in childrearing,and with many mothers working,this is not always the case.In child custody disputes where both parents want custody of a child,the courts determine what is in the best interests of the child in awarding custody.Most states now permit joint custody of a child.Joint custody means that both parents are responsible for making major decisions concerning the child,such as his or her education,religion,and other major matters.
The court does not award custody to a parent,and sometimes not to either parent,if it is in the child's best interest not to be with a parent,or if there has been child abuse,or if there are other extenuating circumstances.In such cases,the court may award custody to other relatives,such as grandparents,or place the child in a foster home.

Question 2

Upon the termination of a marriage,the separate property owned by spouses is ________.

Accepted Answer

A)  equally divided between the spouses 
B)  retained by the respective spouses who owned it 
C)  shared using a fair distribution method for marital assets 
D)  converted into a marital asset 
A)  equally divided between the spouses 
B)  retained by the respective spouses who owned it 
C)  shared using a fair distribution method for marital assets 
D)  converted into a marital asset B

Question 3

Who is a beneficiary of a will?

Accepted Answer

A)  a person assigned in a will to create a trust 
B)  a person allowed to transfer the testator's legal title property to another person 
C)  a person designated in the will to receive the testator's property 
D)  a person nominated in a living will to make all health care decisions in accordance with the testator's wishes 
A)  a person assigned in a will to create a trust 
B)  a person allowed to transfer the testator's legal title property to another person 
C)  a person designated in the will to receive the testator's property 
D)  a person nominated in a living will to make all health care decisions in accordance with the testator's wishes C

Question 4

Which of the following statements is true of a testator's signature on a will?

Accepted Answer

A)  The testator's signature must be obtained in the presence of the sole beneficiary as the principal witness. 
B)  The will need not be signed by the testator if it was already attested by witnesses. 
C)  The use of nicknames and honorary titles to sign a will render it unenforceable and invalid. 
D)  The testator's signature must appear at the end of the will to prevent chances of any fraud. 
A)  The testator's signature must be obtained in the presence of the sole beneficiary as the principal witness. 
B)  The will need not be signed by the testator if it was already attested by witnesses. 
C)  The use of nicknames and honorary titles to sign a will render it unenforceable and invalid. 
D)  The testator's signature must appear at the end of the will to prevent chances of any fraud.

Question 5

When does a doctrine of abatement apply to a will? Explain with examples.

Accepted Answer

If a testator's estate is not large enou

Question 6

Assets owned by a living trust are subject to probate proceedings after the trustor's death.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is a benefit of a living trust?

Accepted Answer

A)  It helps reduce estate taxes more than a will does. 
B)  It helps avoid probate on the property. 
C)  It is not subject to property division upon divorce. 
D)  It does not allow creditors to obtain liens against the property. 
A)  It helps reduce estate taxes more than a will does. 
B)  It helps avoid probate on the property. 
C)  It is not subject to property division upon divorce. 
D)  It does not allow creditors to obtain liens against the property.

Question 8

Alimony is awarded only to the female spouse.

Accepted Answer

A) True 
 B)False

Question 9

Undue influence can be inferred from the facts and circumstances surrounding the making of a will or trust.

Accepted Answer

A) True 
 B)False

Question 10

Explain the circumstances under which states recognize a marriage in spite of the parties not having a valid marriage license.

Accepted Answer

Several states recognize a form of marri

Question 11

Which of the following statements is true of the fault rule of breaking engagements?

Accepted Answer

A)  If the person who has accepted an engagement ring breaks off the engagement, the ring will be owned by the person who marries first. 
B)  If the person who has accepted an engagement ring breaks off the engagement, that person can retain the engagement ring. 
C)  If the person who gave the engagement ring breaks off the engagement, the other side can rightfully keep the engagement ring. 
D)  If the person who gave the engagement ring breaks off the engagement, the ring is sold at an auction and the proceeds are shared between both parties. 
A)  If the person who has accepted an engagement ring breaks off the engagement, the ring will be owned by the person who marries first. 
B)  If the person who has accepted an engagement ring breaks off the engagement, that person can retain the engagement ring. 
C)  If the person who gave the engagement ring breaks off the engagement, the other side can rightfully keep the engagement ring. 
D)  If the person who gave the engagement ring breaks off the engagement, the ring is sold at an auction and the proceeds are shared between both parties.

Question 12

Upon termination of a marriage,a spouse has no rights on the inheritances and gifts received during the marriage.

Accepted Answer

A) True 
 B)False

Question 13

________ is a principle that says if a testator leaves a specific devise of property to a beneficiary,but the property is no longer in the estate when the testator dies,the beneficiary receives nothing.

Accepted Answer

A)  Ademption 
B)  Abatement 
C)  Bailment 
D)  Attestation 
A)  Ademption 
B)  Abatement 
C)  Bailment 
D)  Attestation

Question 14

Property owned by a spouse prior to marriage,as well as inheritances and gifts received by a spouse during the marriage are referred to as ________.

Accepted Answer

A)  separate property 
B)  marital property 
C)  community property 
D)  alimony 
A)  separate property 
B)  marital property 
C)  community property 
D)  alimony

Question 15

A property that is no longer in the estate of a testator cannot be passed on to a beneficiary in spite of the terms in the will.

Accepted Answer

A) True 
 B)False

Question 16

A will that is informal and handwritten can be legally enforced.

Accepted Answer

A) True 
 B)False

Question 17

Jane and Will got married three years ago,after which Will moved into Jane's ancestral home.Over the three years of their marriage,Jane bought a new car for Will and a farmhouse in the suburbs from her own funds.The farmhouse was registered jointly in their names.Will invested heavily in stocks and bonds from their collective income and transferred his existing stocks and bonds in Jane's name.In the event of Jane and Will opting for a divorce,the ________ would be considered separate property for Jane.

Accepted Answer

A)  ancestral home 
B)  new car 
C)  stocks and bonds 
D)  farmhouse 
A)  ancestral home 
B)  new car 
C)  stocks and bonds 
D)  farmhouse

Question 18

A gift of real estate by will is called a(n)________.

Accepted Answer

A)  bequest 
B)  devise 
C)  abatement 
D)  general gift 
A)  bequest 
B)  devise 
C)  abatement 
D)  general gift

Question 19

Which of the following does a health care directive outline?

Accepted Answer

A)  Which life-saving measures the signor does and does not want. 
B)  What treatments are to be withdrawn if doctors determine there is no hope of a meaningful recovery. 
C)  Why the signor has decided to withdraw life-support systems. 
D)  Who is to make all health care decisions in accordance with the living will on behalf of the signor. 
A)  Which life-saving measures the signor does and does not want. 
B)  What treatments are to be withdrawn if doctors determine there is no hope of a meaningful recovery. 
C)  Why the signor has decided to withdraw life-support systems. 
D)  Who is to make all health care decisions in accordance with the living will on behalf of the signor.

Question 20

A ________ is a written document signed by divorcing parties that evidences their agreement in the division of property,rights and duties,and other issues of their divorce.

Accepted Answer

A)  settlement agreement 
B)  prenuptial agreement 
C)  decree of divorce 
D)  pro se divorce 
A)  settlement agreement 
B)  prenuptial agreement 
C)  decree of divorce 
D)  pro se divorce

Exam 39: Family Law, Wills, and Trusts

How have the regulations of child custody changed over time? Is it mandatory for the court to grant custody to either of the divorcing parents?

Upon the termination of a marriage,the separate property owned by spouses is ________.

Who is a beneficiary of a will?

Which of the following statements is true of a testator's signature on a will?

When does a doctrine of abatement apply to a will? Explain with examples.

Assets owned by a living trust are subject to probate proceedings after the trustor's death.

Which of the following is a benefit of a living trust?

Alimony is awarded only to the female spouse.

Undue influence can be inferred from the facts and circumstances surrounding the making of a will or trust.

Explain the circumstances under which states recognize a marriage in spite of the parties not having a valid marriage license.

Which of the following statements is true of the fault rule of breaking engagements?

Upon termination of a marriage,a spouse has no rights on the inheritances and gifts received during the marriage.

________ is a principle that says if a testator leaves a specific devise of property to a beneficiary,but the property is no longer in the estate when the testator dies,the beneficiary receives nothing.

Property owned by a spouse prior to marriage,as well as inheritances and gifts received by a spouse during the marriage are referred to as ________.

A property that is no longer in the estate of a testator cannot be passed on to a beneficiary in spite of the terms in the will.

A will that is informal and handwritten can be legally enforced.

A gift of real estate by will is called a(n)________.

Which of the following does a health care directive outline?

A ________ is a written document signed by divorcing parties that evidences their agreement in the division of property,rights and duties,and other issues of their divorce.

Legal Heritage and the Digital Age

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Judicial Alternative Administrative and E-Dispute Resolution

Intentional Torts and Negligence

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Ethics and Social Responsibility of Business

Nature of Traditional and E-Contracts

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Third-Party Rights and Discharge

Breach of Contract and Remedies

Digital Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

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Creation and Transfer of Negotiable Instruments

Holder in Due Course and Liability of Parties

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