Exam 9: Family Law
What is an annulment? Name two grounds.Why would someone prefer an annulment over a divorce?
Annulment is a declaration by a court that a purported marriage does not exist and never existed,because of a serious defect present at the time of the marriage ceremony.
Defects that could exist at the inception of an apparent marriage are incest;bigamy;mental incapacity;physical incapacity to consummate the marriage;insanity;and invalid consent to marry resulting from fraud,dare,or intoxication.Someone who was defrauded might expect to have that acknowledged,but note that the text did not discuss the possibility.
A marital contract made before marriage is called a(n)contract.
premarital OR prenuptial
Pick the correct answer below and explain why it is correct.Explain why the alternative answers
are incorrect.
Many states prohibit intermarriage of persons who are "lunatics" or who are "insane."
a.This policy is sound,because it protects against the birth of genetically inferior children.
b.This policy is sound,because "lunatics" or "insane" persons are,by definition,not able to comprehend the significance of intermarriage.
c.This policy is unsound,because it discriminates against "lunatics" and "insane" persons.
d.This policy is unsound,because there is no clear or realistic standard by which to determine if one is a "lunatic" or "insane."
a.Not correct,because: there is no acceptable basis to connect "lunacy" or "insanity" to genetics;there is no acceptable policy reason to deny birth rights to these ill-defined classes of persons;the policy would not necessarily prevent the birth of genetically inferior children,because such persons,whoever they are,could have children out of wedlock;and the policy would require some exhaustive and constitutionally sound basis to ascertain who is suffering from lunacy or insanity before issuance of the marriage certificate,including determination of who could file an objection,whether or not trial by jury would be appropriate,and so on.
b.Not correct,because society cannot easily,if at all,know who is within the denied class of persons.
c.Not correct,because lunatics and insane persons are not within any "protected" class,such as one defined on ethnic,religious,gender,or age bases.Presumably they could be discriminated against by government if there was some substantive need and an underlying rational basis for such discrimination.
d.Correct.
Describe one pro and one con of prohibiting - or regulating - the buying and selling of human sperm and eggs on the market.
Parents have the right to custody of their children and are free to raise them as they see fit,and the state cannot interfere except under "clear and convincing" proof of severe child abuse,or abandonment.
Most states do not permit a so-called common-law marriage within their borders,even though all states must recognize (treat as valid)a common-law marriage that was legally created in another state.
Wide variations exist in family law from state to state,because legislative viewpoints reflect substantially different cultural and societal values.
Legal topics vary from country to country and this is sometimes true in family law.Which of the statements below is true regarding family law and it legal international differences and commonalities.
All states provide for some variety of "no-fault" divorce,even though some states also provide for divorce based upon the fault of a spouse.
Court-ordered spousal support,also called that continues indefinitely unless
terminated by the of either party or the of the
recipient is called alimony.
In most states "professional" goodwill (enhanced earning power based upon special talents,reputation,or uniqueness of services offered)is marital property and its value can be added to the net value of all property and divided upon divorce.
The concept of viability of a fetus is an important factor in the issue of legality of abortion.
Under original common law theory,title to all property owned by a was automatically
vested in the upon marriage.
Which of the following statements is not true relative to divorce or dissolution proceedings in most states?
Victims abused by members of their immediate family can,in some states,bring legal actions against those abusers,and possibly obtain monetary compensation for physical or mental injury,ten,twenty,or even thirty or more years after the abuse allegedly occurred.This is true,because the applicable is tolled (does not begin to run)in the years during which the
victim could not the events.
The most pervasive behavior by pregnant women that may cause harm to a fetus and create liability for the mother for that harm is
Assume that,upon divorce,Alan is ordered by the court to pay permanent alimony to his former wife,Margaret,in the amount of $3,500 per month.Three years later,which of the following factors could be a proper legal basis for Alan's application to the court for a reduction in the amount of alimony he must pay to Margaret?
Parents have a legal obligation to exercise reasonable care,supervision and control over their minor children and may be held civilly liable for failure to do so in many states.
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