Deck 8: Family Law

Question 1

A legal separation asks the court to grant the parties:

A) something short of a final termination of the marital contract.
B) a nullity.
C) an annulment.
D) a dissolution.
E) spousal support.

Answer 1

A

Question 2

Which of the following is not a topic that may be included in a premarital agreement?

A) Rights and obligations regarding any property
B) Choice of law to govern the agreement
C) The right of a child to child support
D) Making of wills or trusts

Answer 2

C

Question 3

What type of property is property that belongs solely to one spouse?

A) Separate property
B) Community property
C) Quasi-community property
D) All of the above

Answer 3

A

Question 4

An annulment proceeding is used to obtain a court declaration that:

A) the marriage is over.
B) a legal separation has begun.
C) no legal marriage ever existed.
D) the marriage is voidable.
E) the marriage was illegal.

Question 5

What type of discovery tool is a written request for answers to questions?

A) Deposition
B) Interrogatories
C) Request for inspection
D) Request for production of documents

Question 6

A temporary restraining order in a family law matter:

A) must come from the police department.
B) usually requires prior notice to the opposing side.
C) is only good for ten days.
D) usually deals with spousal support.
E) None of the above

Question 7

What type of property would be considered community property if it had been acquired while the married couple were living in a community property state?

A) Separate property
B) Community property
C) Quasi-community property
D) All of the above

Question 8

Once a court determines that a parent-child relationship exists, it must consider:

A) child support.
B) spousal support.
C) property issues.
D) whether restraining orders are needed.
E) income and expense situation for each party.

Question 9

What is a purpose of a premarital agreement?

A) Protect assets in case the marriage ends by divorce
B) Protect assets in case the marriage ends by death
C) Explains how property belonging to each prospective spouse is to be characterized in case of dissolution
D) All of the above

Question 10

Which of the following is a category of marital property?

A) Automobile
B) House
C) Community property
D) Inheritance
E) Business interest

Question 11

The court will retain jurisdiction over:

A) spousal support.
B) nullity issues.
C) child support.
D) premarital agreements.
E) family issues.

Question 12

Which of the following is not a potential ground for an annulment?

A) Irreconcilable differences
B) Fraud
C) Bigamy
D) Minority

Question 13

The discovery process in family law will not involve:

A) depositions.
B) interrogatories.
C) request for production and inspection of documents.
D) a "complaint."
E) experts.

Question 14

Laws regarding family and personal relationships are generally found in:

A) state statutes.
B) the United States Code.
C) law reviews.
D) encyclopedias.
E) dictionaries.

Question 15

In child custody matters the court will look for solutions that are:

A) easy to enforce.
B) in the best interest of the child.
C) economically sound.
D) designed to keep the parents close to their children.
E) designed to move the children around as little as possible.

Question 16

Jane and Mark enter into a ceremonial marriage in Las Vegas. Both Jane and Mark are seventeen years old at the time and are both minors. What is the best way to classify the marriage?

A) Void marriage
B) Voidable marriage
C) Common law marriage
D) Domestic partnership

Question 17

What type of discovery tool would a party use to request copies of W-2s and retirement account statements?

A) Deposition
B) Interrogatories
C) Request for production of documents
D) Request for admissions

Question 18

What type of discovery tool is the testimony of a witness, given under oath, outside the courtroom and taken before a court reporter?

A) Deposition
B) Interrogatories
C) Request for inspection
D) Request for production of documents

Question 19

Which of the following is one of the broad categories for martial property?

A) Quasi-community property
B) Separate property
C) Community property
D) All of the above

Question 20

Which of the following is not a form of child custody?

A) Joint legal custody
B) Sole physical custody
C) Joint physical custody
D) Sole legal custody
E) Dual custody

Question 21

The right of a child to _____ cannot be adversely affected by a premarital agreement.

Question 22

In all family law matters, the court will be most interested in the welfare of the children.

Question 23

A divorce or _____action acknowledges that a valid marriage existed, but the parties now wish to end the marital contract.

Question 24

One purpose of a premarital agreement is to protect _____ in the event the marriage ends in divorce.

Question 25

What is the name of the uniform law that many states have adopted that recognizes that both natural parents have certain rights and obligations regarding their children?

A) Uniform Parentage Act
B) Uniform Child Custody Jurisdiction Act
C) Uniform Premarital Agreement Act
D) Uniform Family Law Act

Question 26

A marital partner has no legal interest in quasi-community property.

Question 27

Answers and interrogatories are made under the penalty of perjury.

Question 28

A(n) ______ is used to obtain a court declaration that no legal marriage ever existed.

Question 29

The deponent is the person whose testimony is given under oath during a deposition.

Question 30

Under the Uniform Premarital Agreement Act, a pre-marital agreement may be an oral agreement and does not have to be in writing.

Question 31

A legal separation asks the court to resolve just the child support and child custody issues.

Question 32

Family law deals with legal issues that affect personal relationships.

Question 33

A premarital agreement may help to protect the assets of persons who plan to marry.

Question 34

Not all family law matters concern married persons.

Question 35

A divorce is a total dissolving of a marriage.

Question 36

The petition is the pleading used to initiate a family law action.

Question 37

Parents do not always have a legal duty to support their children.

Question 38

Spousal support is awarded when people end their marriage.

Question 39

A deposition takes place in the courtroom before the judge and jury.

Question 40

Family law is governed exclusively by federal statutes and federal cases.

Question 41

Property owned jointly by married persons and generally includes property acquired
during marriage is known as _______ property.

Question 42

In child custody matters, the court looks for solutions that are in the ____ of the child or
children.

Question 43

The testimony of a witness, given under oath, outside the courtroom and taken before a court reporter is called a(n) ____________.

Question 44

What are the differences between community property and separate property?

Question 45

A few states continue to recognize the legal status of the common-law marriage without a ceremony. Would you support legislation in your state to recognize common-law marriage? Explain your position.

Question 46

Should states require that spouses enter into a premarital agreement before obtaining a marriage license? Explain your position.

Question 47

Property acquired by gift or inheritance is considered _______ property.

Question 48

Why would a couple planning to marry have a pre-marital agreement?

Question 49

The person whose testimony is given under oath during a deposition is known as the ___________.

Question 50

In a family law matter, the initial pleading filed by the petitioner is called the

Question 51

What are the different discovery tools used in family law cases?