Cases

Question 1

Griswold

Answer 1

Facts: Contraceptives for married individuals

Rule: An implied right of privacy exists within the Bill of Rights that prohibits a state from preventing married couples from using contraception.

Question 2

Eisenstadt

Answer 2

Facts: Birth control for unmarried individuals
Rule: Under the Equal Protection Clause of the Fourteenth Amendment, a state may not outlaw distribution of contraception to unmarried persons.

Outcome: Expansion of the Griswold notion to unmarried individuals. This expands upon the individual right to privacy

Question 3

Antoun

Answer 3

IVF Custody case

Think about intent expressed by couple (husband)

Question 4

US Department of Ag v. Moreno

Answer 4

Facts: Non-traditional families couldn’t get food stamps

Rule: A state regulation that arbitrarily creates two classes of persons and deprives one class of government benefits violates the Equal Protection Clause and Due Process Clause of the Fifth Amendment because it is based on a mere legislative preference for one class that is not rationally related to a legitimate state purpose.

They were living as a family

Question 5

Moore

Answer 5

Facts: Limited occupancy to single family units

Rule: The right of related family members to live together is fundamental and protected by the Due Process Clause and necessarily encompasses a broader definition of “family” than just members of the nuclear family.

Question 6

Bowers

Answer 6

Facts: New attorney in an office in a state where gay marriage was not legal was advertising her lesbian wedding

Rule: A government employer that is responsible for upholding laws that prohibit certain homosexual conduct does not violate the constitutional rights of an employee whose employment is revoked because of his or her participation in a same-sex marriage that is not recognized by state law.

Question 7

Marvin

Answer 7

Facts: Cohabitating and agreement to hold themselves out as married, woman allowed him to put all assets that they purchased together in his name, she sued for breach of an express contract since he had convinced her to stay home and then took away all her access to money

Rule: One partner in an unmarried couple may seek to recover from the other under the same rights of action available to other unmarried persons, including express contract, implied contract, and equitable theories.

Question 8

Braschi

Answer 8

Facts: Gay couple, one died, the living one of the couple (held themselves out to be spouses) was evicted by landlord from the rent-controlled apartment because rent control was only for family

Rule: Under New York’s rent-control laws, a person who openly lives as a committed, longtime partner of a tenant of record is deemed to be a family member of such tenant so as to prevent his or her eviction after the tenant of record dies

Factors that made them considered a family
Joint bank accounts, regarded as spouses by family, etc.

Question 9

Bechwith v. Dahl

Answer 9

Facts: Cohabitating partners, man promises inheritance and undergoes surgery, man’s sister tries to prevent partner from getting any money.

IIEI case

Rule: A person who lacks standing in a probate proceeding may nevertheless state a claim for intentional interference with an expected inheritance against another whose deliberate, wrongful conduct toward the decedent caused the plaintiff to be deprived of a reasonably expected inheritance.

Question 10

Maynard

Answer 10

All states have some sort of statute saying that marriage is a civil contract, but at the end of the day, most people do not sign anything.
So yes, it is a contract, and yes, it is a state-regulated relationship

Question 11

Rivkin

Answer 11

Breaching a contract to marry.
Aka “Heartbalm” cases

Think about both emotional and financial issues that are associated with breaching a promise to marry

Not actionable anymore

Question 12

Campbell

Answer 12

Facts: Man wanted engagement ring back because he claimed he never said she could keep the ring

Rule: Absent evidence otherwise, an engagement ring given in contemplation of marriage is a conditional gift that must be returned if the couple does not marry.

Question 13

Devorah

Answer 13

It isn’t that you have to pay the fee and get the license, BUT at the end of the day, this is the best indication of being married
AND, there is a waiting period between getting the license and getting married
That is not what happened here
Takeaway: you must understand the gravity of the marital relationship and take this into consideration

Question 14

Simeone v. Simeone

Answer 14

Facts: Divorce proceedings, In the course of those proceedings, Catherine sought alimony, which Frederick opposed in light of a prenuptial agreement that Catherine had signed on the eve of their wedding. Catherine did not seek out a lawyer

Rule: A prenuptial agreement is enforceable as a contract without consideration by the court as to its reasonableness.

Question 15

Shanks

Answer 15

Facts: Prenup 10 days before the wedding, but had full disclosure and was made with the purpose of preserving their current financial standing

Rule: A prenuptial agreement designed to preserve the parties’ relative financial positions is enforceable as long as it is not the result of duress, undue influence, or the exploitation of an inferior bargaining position, and the financial position of each party is known at the time of execution.

Question 16

Zablocki

Answer 16

Facts: A Wisconsin statute prevented members of a certain class of residents from marrying without first obtaining a court order granting them permission to marry. This class was defined by the statute to include any Wisconsin resident required by court order or judgment to pay child support to a minor who was not in his custody.
Dead-beat dad case

Rule: The right to marry is a fundamental right, and any legislative attempts by a state to limit that right are unconstitutional unless they are narrowly tailored to the accomplishment of an important governmental purpose.

Question 17

Blair

Answer 17

Facts: Paternity fraud dispute, man claims that he only married her because he thought he was the father.

To prove fraud, the claimant must show (1) that the other party knowingly made a false, material misrepresentation with the intent that the claimant act on it and (2) that the claimant was unaware of the falsity, justifiably relied on its accuracy, and suffered injury because of it.

Rule: A marriage will not be annulled on the basis of fraud where there is sufficient evidence that the petitioning spouse would have married the other person even if no misrepresentation had been made

Question 18

Jennings v. Hurt

Answer 18

Facts: Woman tries to claim common law marriage, man says it was not

Rule: A common-law marriage will not be recognized without a preponderance of credible, strong, and competent evidence that the couple intended to hold themselves out as married.

Elements to show
Holding yourself out as spouses
Time and duration

Question 19

McGuire

Answer 19

Facts: without filing for divorce, wife tried to sue husband for money since he was not giving her any even though their marriage was intact, they lived together, and the home was maintained

Rule: One spouse may not sue the other for support and maintenance while the couple’s marriage remains intact, they continue to live together, and the parties’ home is maintained.

Question 20

Pavan v. Smith

Answer 20

Facts: gay couples could not list their spouses on the birth certificate as a parent

Rule: A state law may not exclude same-sex couples from civil marriage on the same terms as opposite-sex couples.

Question 21

Vaughn v. Lawrence

Answer 21

Facts: Workplace required resignation of an employee if they married a coworker, however, if they just stayed dating, it was fine

Rule: It is constitutional for a government employer to carry out a policy requiring the resignation of an employee who marries a coworker.

Question 22

Cleveland Board v. LaFleur

Answer 22

Facts: Maternity-leave and return policies implemented by school boards constitutional where they mandate that leave be taken at least four months prior to a teacher’s due date and restrict her return to a specified period of time after the baby’s birth?

Rule: It is constitutional for a school board to implement maternity-leave and return policies that promote instructional continuity and physical fitness to teach as long as such policies are tailored toward individualized determinations.

Question 23

Guerra

Answer 23

Facts: California statute that requires employers subject to Title VII to reinstate employees returning from pregnancy disability leave —but not other forms of disability leave—to the same, or similar, positions in the workplace

Rule: A state statute requiring employers subject to Title VII to reinstate employees returning from pregnancy disability leave—but not other forms of disability leave—to the same, or similar, positions in the workplace is not preempted by federal law.

Question 24

Caldwell

Answer 24

Facts: KFC worker needed leave to take care of her child with a serious ear infection

Rule: An employee has a valid claim under the FMLA if there is evidence that his or her child has a serious health condition that necessitates a continued course of supervised medical attention and that incapacitates the child for at least three consecutive days.

Question 25

Hicks

Answer 25

Facts: Dangerous accommodations offered to new mother rejoining the police force along with ridicule. Seemeed like they wanted her to quit, hence constructive discharge Rule: An employer’s offer of a dangerous accommodation to a new mother is sufficient evidence to establish constructive discharge.

Question 26

Ammarell

Answer 26

Facts: Wife sued mistress for alienation of affection and criminal conversation. Mistress tries to say this infringes on her rights to engage in sexual intercourse as she pleases. These are claims available to partners that have been harmed by their spouse’s infidelity Rule: The torts of alienation of affection and criminal conversation are not unconstitutional.

Question 27

Epstein

Answer 27

Rule: The act of having an email account automatically forward emails without consent may violate the Wiretapping and Electronic Communications Act.

Question 28

Gutierrez

Answer 28

Facts: Man killed a dude, told his wife, got divorced, then told his second wife. He became estranged from his second wife and during trial tried to assert privilege. Court said he waived privilege because he told other people too. Rule: To waive the spousal privilege for confidential communications, the person holding the privilege must disclose the confidential communication itself.

Question 29

Brown

Answer 29

Facts: Circumstantial evidence of opportunity to cheat, cheating, and inclination of wife found them in parking lots, meeting in secret, etc. Rule: In a divorce action, circumstantial evidence of opportunity and inclination is sufficient to support a finding of adultery.

Question 30

Moss

Answer 30

Habitual belittlement and humiliation, verbally accosting, developed depression and anxiety as a result Rule: Habitual cruelty and inhuman treatment are valid grounds for divorce The party alleging habitual cruelty and inhuman treatment must show conduct by the other spouse that either (1) endangers life and limb or gives rise to a reasonable apprehension of such danger or (2) is unnatural enough to make the marriage revolting and destroy the basis for the marriage’s continuation. This must be shown by a preponderance of the evidence. To determine whether the requisite standard has been met, a court must consider both (1) the conduct of the offending spouse and (2) the subjective effects of the conduct on the offended spouse.

Question 31

Brancoveanu

Answer 31

Facts: Horribly rude and abusive husband Claim of cruel and inhuman treatment (husband belittling wife, threatening her, hiring hitman, etc.) Trying to figure out who to grant the divorce to Holding: Wife receives 60%, husband receives 40% If you’ve been married for a long period of time and then want to get divorced due to horrid conduct, the conduct has to be very very bad in order to get the divorce. “If it was really that bad, why did you wait so long?” mentality

Question 32

Feltmeier

Answer 32

Feltmeier v. Feltmeier Facts: Physical and verbal abuse This was seen as continuous conduct that was being acted upon IIED Rule: Illinois law recognizes an action for intentional infliction of emotional distress brought by one spouse against another for conduct during the marriage and the “continuing tort” rule is applicable to such claims in determining the statute of limitations.

Question 33

Reid

Answer 33

Facts: Husband working long hours, wife didn’t like it, wife got an apartment and separated and then tried to claim no fault and wants spousal support Rule: divorce on the grounds of desertion is warranted where one spouse purposefully and unjustifiably leaves the marital home with the intent that the separation be permanent.

Question 34

Bennington

Answer 34

Facts: No sex, husband moves out to van, but still perfoms marital duties outside.Wife wants alimony only Rule: Where a spouse lives outside of the marital house but on the same premises and continues to perform the same marital and household functions that were conducted prior to the move, the spouses are not deemed to be living separately for the purposes of obtaining a divorce on the grounds of separation without cohabitation.

Question 35

In the Matter of Ross

Answer 35

Recrimination case Facts: Wife cheated, husband files fault, then starts relationship before legally divorced, she says he’s cheating now Rule: The actions of a party after divorce proceedings have started are allowed to be brought in so long as it is before the court decrees anything DOCTRINE OF CLEAN/ UNCLEAN HANDS

Question 36

Gerty

Answer 36

Condonation case Facts: Wife cheated, but husband was unaware of when it started Rule: Condonation is not a valid affirmative defense to adultery if the extent of a spouse’s adultery is unknown to the other spouse.

Question 37

Bodie

Answer 37

Facts: CT required $60 fee for divorce and this prevented a lot of people from being able to divorce Rule: The Due Process Clause of the Fourteenth Amendment prohibits a state from denying, solely on the basis of inability to pay, access to its courts to indigent individuals who seek in good faith judicial dissolution of their marriages.

Question 38

Moses v. Moses

Answer 38

Issue: Where counsel for the wife in a divorce proceeding expends an inordinate amount of time on the matter owing to the wife being unduly needy and where counsel expects that his fee will be paid by the husband, is counsel entitled to payment in full for his services? Rule : Where counsel for one spouse in a divorce proceeding expects to be paid by the other spouse, counsel must not allow the dependent spouse to demand that counsel expend a disproportionate amount of time and labor on the matter.

Question 39

Florida Bar v. Dunagan

Answer 39

Facts: Lawyer forgot to include name as business owner Represented both husband and wife in a different matter and then went on to be the husbands divorce attorney Rule: A 90-day suspension from the practice of law is an appropriate sanction of an attorney who commenced representation of one spouse in a divorce proceeding without first obtaining the other spouse’s consent despite having represented them both in the acquisition of a business and who also disclosed to authorities personal information to the detriment of the formerly represented spouse.

Question 40

SN

Answer 40

Facts: Mother fled with autistic child to India and severely limited the father’s ability to visit or travel Holding: Finds that there was egregious conduct and fault, thus the plaintiff has forfeited her right to a share of the marital assets. Counsel fees had to be paid for husband

Question 41

Ferguson v. Ferguson

Answer 41

Facts: Husband cheats on wife, wife is awarded more than half of the property and assets without explanation Rule: In awarding support and distributing property under an equitable distribution scheme, the court must consider the fairness of the support and distributed assets as a whole and must take into account the contributions of the parties, the value of the assets, the economic consequences of the distribution, the parties’ needs, and other relevant factors.

Question 42

Alizzi

Answer 42

Facts: Wife and husband separate, wife goes to live with daughter. Accountant says she needs upwards of 10,000 to live how she used to, the court gave her 1,500, and the ex-husband said she would need 7,000 Rule: An award of temporary alimony must be based on the recipient’s actual need.

Question 43

Mani v. Mani

Answer 43

Facts: Wife basically funded husband’s life and he went and cheated on her, he wanted alimony every week and she refused on the grounds of his adultery Rule: The misconduct of a spouse may be considered with respect to alimony only where it affected the economic condition of the parties or where it was egregious.

Question 44

Wolfe

Answer 44

Facts: Homemaker contributed in non-financial ways that ended up helping and bringing assets into the marriage. Wife wanted half of the property, husband said he paid for it so she should not get anything Rule: Equitable factors such as a long-term marriage and making financial decisions jointly may warrant dividing a marital asset between spouses even if only one spouse contributed to its acquisition.

Question 45

Mennen

Answer 45

Facts: Wife and husband had a settlement agreement that he would not have to pay alimony as soon as she lived with a new partner. He tried to claim because her boyfriend stayed with her occasionally, he should not have to pay Rule: Evidence of a long-term relationship does not necessarily support a finding of cohabitation sufficient to terminate an alimony obligation.

Question 46

Howard

Answer 46

Facts: Husband was required to pay for the loans and make payments in accordance to the divorce. He claims that because he filed for chapter 7 bankruptcy that he should not have to pay anymore Rule: An obligation to one’s present or former spouse under a divorce decree to make payments on a third party debt is not dischargeable in Chapter 7 bankruptcy.

Question 47

Bender

Answer 47

Facts: 19 year pension benefits that would vest in 6 years Rule: Under Connecticut law, unvested pension benefits are subject to equitable distribution in a divorce where the benefits are sufficiently concrete and their eventual realization is justified and reasonable.

Question 48

YB v. GB

Answer 48

“After considering the factors above the Court finds that while "active" assets, such as businesses, are frequently valued as per the date of commencement, to do so here would be inequitable. Formulations regarding when a particular asset is valued should be treated as guideposts and not immutable rules.”

Question 49

Roberts

Answer 49

Facts: husband receives law degree while the couple is still married/ he was in school while they were married Rule: A degree can be considered, but is not property. SO they could consider it in earning capacity

Question 50

Miles v. Miles

Answer 50

Facts: Wife was receiving alimony and remaining on his health insurance as they agreed to, however, there were substantial changes. Over the next six years, James had seven surgeries due to colon cancer, a shoulder injury, and a triple bypass, which left him totally disabled. Rule: Courts may modify support orders if justified by a substantial change in circumstances, whether the order was contested or reached by settlement agreement, unless reached by a settlement agreement that unambiguously precludes modification.

Question 51

Turner

Answer 51

Facts: Court deviated from the presumptive child support, likely because the judge seemed not to like the mother Holding: However, a court’s decision to apply a deviation must be supported by findings showing (1) why application of the presumptive amount would be unjust or inappropriate and (2) how the best interests of the children involved will be served by the deviation. Rule: A court must explain the reasons for a deviation from the presumptive amount of a child-support obligation.

Question 52

McLeod

Answer 52

Facts: Father had the money and agreed to pay for his son’s college, but then did not Rule: A trial court may constitutionally require a divorced parent to pay for post-secondary education as an incident of child support.

Question 53

Pholmann

Answer 53

Facts: Husband filed for reduced child support for his previous children when he got his second wife pregnant Rule: It is constitutional for a state to disallow reductions in child support on the basis that the supporting parent has had subsequent children.

Question 54

Olmstead

Answer 54

Facts: 2 attorneys were married and then divorced. Man was lazy and closed his practice and then became a teacher. Rule: Under Alaska law, a reduction in child support is not justified where the payor voluntarily reduces his or her income. Because he chose to act the way he did, was unproductive, etc., he does not get a reduction

Question 55

State v. Oakley

Answer 55

Facts: Man not paying child support, they wanted to imprison him, but the judge said then that would make it to where the dude really couldn’t pay support, so instead he sentenced him to probation with the condition that he cannot procreate until he can prove to take care of kids. Rule: If an offender is convicted of intentional failure to pay child support, it is constitutional for a trial court to impose a sentence of probation with the condition that the offender not procreate until the ability to support existing and subsequent children is shown.

Question 56

Turner v. Rogers

Answer 56

Facts: Man went to court without counsel on a civil contempt case where there was a chance of incarceration Rule: The Due Process Clause does not require a right to counsel for an indigent individual at a civil contempt proceeding when there is a prospect of incarceration, but the court must have alternative procedural safeguards in place to determine whether counsel should be appointed.

Question 57

Kulko v. Superior Court

Answer 57

Facts: Mother sent the kid to the state, state wanted to claim jurisdiction Rule: A state may not exercise personal jurisdiction over a parent in a custody proceeding based solely on the parent’s act of sending his or her child to live in the forum state.

Question 58

Matter of Henson

Answer 58

Facts: Support happened in Kansas, she moved to California and realized they had a better deal there and so she tried to get california to increased the obligations. He claims that California cannot modify the support order. Rule: The Full Faith and Credit for Child Support Orders Act generally prohibits a state court from modifying a support order issued by a court in another state.

Question 59

Devine v. Devine

Answer 59

Facts: Parents were equally fit to parent, but the kids were automatically awarded to the mother due to the tender years presumption Rule: The tender-years presumption is an unconstitutional gender-based classification under the Fourteenth Amendment.

Question 60

Sagar

Answer 60

Facts: Parents divorce and husband wants the religious ceremony to take place while the mother does not Holding: Court decides that the child can decide once she is of age Rule: See how the best interest of the child is what is superseding

Question 61

Smith v. Smith

Answer 61

Facts: Transgender childcare case, mother was supportive, father was not Rule: Father was allowed to raise him as a son under his care and mother was deemed unfit

Question 62

Bell v. Bell

Answer 62

Facts: One disagreement over childcare, judge probably didn’t like mom Trial court severed joint custody because of a single disagreement Appellate court said that’s stupid and remanded to enact joint custody

Question 63

Hanke

Answer 63

Facts: Mother found out father was sexual assaulting his previous daughter and did everything possible to keep her daughter away from him during unsupervised visits. Trial judge didn’t like mom and dismissed her concerns pertaining to SA allegations Appellate judge said that is ridiculous and the mother did what she had to do to get her child to safety and changed it to supervised

Question 64

Turner

Answer 64

Tried to limit visitation because the father hadn’t paid child support, court said that is only allowed when willful Here the father was just not able to make ends meet

Question 65

Y.B. v. G.B.

Answer 65

Looking at the totality of the circumstances, the best interest of the child, etc.

Question 66

Troxel v. Granville

Answer 66

Facts: Grandparent visitation case. Father committed suicide and the grandparents are his parents. New parental relationship because mother has remarried and her new spouse has adopted the child The label that is put on the statutory scheme is almost irrelevant, but the relationships that exist is what is most important The impact of this case is the key question pertaining to whether the mother and new father would technically be unfit. The fitness of the parents is major point THIS IS REQUIRED TO BE THE FIRST LINE OF INQUIRY because this is a fundamental right issue related to the rights of a parent to rear their child in the way that they would like

Question 67

Bisbang

Answer 67

Mom (custodial parent) wanted to move kids whose life the father was involved in to Utah to be closer to her new husband’s job. NJ allowed this bc there was an assumption that the parent moving for work also benefits the children. Overturned, decided that she would have to show cause and there must be a best interest analysis. You have to take into account the best interest of the child now. Terms put into a separation agreement are relevant, but not necessarily determinative. Like they matter a little, pay attention to whether the parents agreed to it or the courts imposed it. If court imposed, they generally will not change it Relocating party has the burden to show cause and prove best interest

Question 68

P.M. v. T.B.

Answer 68

Facts: Surrogate mom did not want to give up child, determined that the contract was enforceable, the intended father was the only bio parent involved and thus he had rights. Outcome/ Holding: The father is who ended up getting permanent legal and physical custody Biology matters, but is not always dispositive 5 parties: intended parents, surrogate parents, egg donors

Question 69

Raymond T. v. Samantha G.

Answer 69

Facts: Gay couple with woman involved who agreed to co-parent as the three of them. Men want more visitation, woman wants sole custody with limited visitation rights. Gay husband wanted the non-biological father to have parental rights Outcome: Because there was an agreement to raise the child together, the non-bio dad ends up getting rights and visitation, but no parentage. Bio father gets visitation and parentage rights as well.

Question 70

Brooke v. Elizabeth

Answer 70

Lesbian couple with child together, one is bio mother. They are not married Issue: Does a nonbiological, nonadoptive parent have standing to seek custody and visitation with a minor child if that parent agreed preconception to conceive and raise the child together with the biological parent? Rule: A nonbiological, nonadoptive parent has standing to seek custody and visitation with a minor child if that parent agreed preconception to conceive and raise the child together with the biological parent.