Exam 1: Introduction to Family Law and Practice

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Family law has not changed much because society's definition of a family has not changed.

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False

When researching a family law case, secondary authority can give you leads to primary authority and background information about the family law you are researching.

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True

Define common law.

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Judge-made law in the absence of controlling statutory law or other higher law.

Match each numbered entry with the most relevant lettered entry below -danger of prejudgment

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The standard used to determine if a restriction on a fundamental right complies with due process (and is therefore constitutional) is called scrutiny.

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Match each numbered entry with the most relevant lettered entry below -date reminder

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Procedural due process is the constitutional requirement that the government avoid arbitrary and capricious actions that deprive someone of life, liberty, or property.

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All restrictions on sexuality have not been eliminated, but they have been substantially increased when adults are involved.

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An is a written statement containing facts, claims, or other legal positions given under oath or affirmation.

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Constitutionalization refers to changes in family law due to interpretations of the U.S. Constitution by federal courts.

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If a court is faced with a legal dispute for which there is no governing statute to resolve the dispute:

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An important development in family law has been a substantial increase in the capacity of parties to enter enforceable contracts that help define their rights and obligations.

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Federal courts can hear divorce cases.

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What do we mean when we say that marriage is a status?

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Constitutionalization occurs because of changes in state law that result from interpretation of the by the U.S. Supreme Court and other federal courts.

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What is family law?

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The right to marry is a fundamental right; restrictions on this right are measured by strict scrutiny.

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Match each numbered entry with the most relevant lettered entry below -subsumed legal identity

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Match each numbered entry with the most relevant lettered entry below -apply laws to a particular legal problem

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The constitutional requirement that the government avoid arbitrary and capricious actions that deprive someone of life is called .

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