Chapter Eleven

Question 1

Family Law

Answer 1

the area of the law that covers marriage, divorce, and parent child relationships

Question 2

Ceremonial or solemnized marriage

Answer 2

a marriage in which the couple has obtained the proper marriage license from a local gov official and has then taken marriage vows before a member of the clergy or a judge or witness

Question 3

Common law marriage

Answer 3

a marriage that has not been solemnized but in which the couple ha mutually agreed to enter into a relationship in which they accept all the duties and responsibilities that correspond to those of marriage

Question 4

Prenup agreement

Answer 4

a document that prospective spouses sign prior to marriage regarding financial and other arrangement should the marriage end

Question 5

Anti heart balm statute

Answer 5

a law that prohibits lawsuits for such things as breach of a promise of marriage, alienation of affection, and seduction of a person over the legal age of consent

Question 6

Divorce

Answer 6

a legal judgement that dissolves a marriage

Question 7

Annulment

Answer 7

a legal judgement that a valid marriage never existed

Question 8

Voidable marriage

Answer 8

a marriage that was valid when it was entered into and that remains valid until either party obtains a court order dissolving it

Question 9

Void marriage

Answer 9

a marriage that is invalid from its inception and that does not require court action for the parties to be free of any marital obligations

Question 10

Fraud

Answer 10

a false representation of facts or intentional perversion of the truth to induce someone to take some action or give up something of value

Question 11

No-fault divorce

Answer 11

a form of divorce that allows a couple to end their marital relationship without having to asses blame for the break up

Question 12

Temporary restraining order

Answer 12

a court of limited duration designed to maintain the status quo pending further court action at a later date

Question 13

Protection order

Answer 13

a court order issues in domestic violence and abuse cases to keep one spouse away from the other or kids or home

Question 14

Settlement agreement

Answer 14

a document that contains the arrangements agreed on by the parties to a dispute

Question 15

Marital property

Answer 15

property that is subject to court distribution upon termination of the marriage

Question 16

Alimony

Answer 16

financial support and other forms of assistance required to supply the necessities of life

Question 17

Collaborative divorce

Answer 17

a non-adversarial process whereby the divorcing couple hires a team of professionals to help them reach a mutually satisfactory agreement

Question 18

Community property states

Answer 18

acquired during marriage exceptions of gifts/inheritance is 50/50

Question 19

Doctrine of equitable distribution

Answer 19

marital interest in any property acquired during marriage through efforts of both spouses (length of marriage, age or health, ability of one to make a living) usually split 50/50

Question 20

Physical custody

Answer 20

the child lives with and has day to day activities supervised by the designated parent or guardian

Question 21

Legal custody

Answer 21

the designated parent or guardian has authority to make legal decisions for the child relating to such matters as health care and education

Question 22

Child support

Answer 22

money that the noncustodial parent parent contributes to assist the custodial parent in paying for child’s food, shelter, clothing, medical care, and education

Question 23

Garnishment

Answer 23

a process through which a court can require a employer to withhold money from an employee’s wages and turn this money over to the party to whom a debt is owed

Question 24

Extra tradition

Answer 24

the transportation of an individual from one state to another so that person can tried on criminal charges

Question 25

Agency adoption

Answer 25

an adoption in which a licensed agency assumes responsibility for screening adoptive parents and matching them with available children

Question 26

Independent adoption

Answer 26

an adoption that involves a private agreement between the birth parents and the adoptive parents

Question 27

Child neglect

Answer 27

the negligent failure to provide a child with the necessaries of life

Question 28

Child abuse

Answer 28

intentional harm to a child's physical or mental well being

Question 29

Guardian ad litem

Answer 29

someone appointed by the court to speak for the interests of a child

Question 30

Clear and convincing

Answer 30

an evidentiary standard that requires more than a preponderance of the evidence but less than beyond a reasonable doubt

Question 31

Minor

Answer 31

a child who is under the age of legal competence

Question 32

Emancipated minor

Answer 32

someone who is still under the legal age of adulthood but who has nevertheless been released from parental authority and given the legal rights of an adult

Question 33

Marriage consequences

Answer 33

Marriage is a contract Legal obligation Marital property

Question 34

Benefits of marriage

Answer 34

Recover loss damages Gov benefits Taxation Cannot testify against spouse

Question 35

Requirements for prenup

Answer 35

Have to be in writing Offer Acceptance Consideration

Question 36

Elements of annulment

Answer 36

Void Voidable Fraud

Question 37

Examples for void & voidable

Answer 37

Void: incest and bigamy Voidable: underage, too closely related, fraud

Question 38

Termination of the Marital Relationship

Answer 38

``` No hope for reconciliation Living separate and apart Cost vary Courts can oversees financial arrangement Severe economic consequences ```

Question 39

Divorce Steps

Answer 39

1. Grounds 2. File petition 3. Hearings 4. If needed, particular orders 5. Settlement agreement (alimony) 6. Alternative Dispute Resolutions

Question 40

Ending of a marriage

Answer 40

Divorce procedures Property settlements Alimony, maintenance agreements Custody, visitation

Question 41

What is child support based on?

Answer 41

``` Standard of living Parent income Child's age Number of children Health and educational ```

Question 42

Parent Child Relationship

Answer 42

Legally established with names on birth certificate Paternity actions Adoption Agency vs Independent

Question 43

Adoption records

Answer 43

Adoption records | Tort of wrongful adoption

Question 44

Assisted Reproduction

Answer 44

Sperm and egg donation: must have written agreements & varies from state to state Surrogacy contracts: compassionate and gestational

Question 45

Parental Rights, Responsibilities, and Liabilities

Answer 45

Required to provide education Decide religion Discipline Responsible and Duty of Care

Question 46

Child Neglect & Abuse

Answer 46

Time and culture Guardian ad litem Clear and convincing evidence in order to terminate parental rights

Question 47

All of the following are true about premarital agreements, except they

Answer 47

typically deal with child custody issues should the marriage end in divorce.

Question 48

Before they were married, Mark lied to Joan about his wealth and ability to support and maintain a certain lifestyle after the marriage. After they were married, Joan learned the truth.

Answer 48

Joan probably would not be granted an annulment based upon Mark's fraud as the courts have generally adopted a "buyer beware" attitude in these types of situations.

Question 49

Legal benefits to being married, not given to nonmarital partners, generally include all of the following, except

Answer 49

in all states, married partners cannot be sued by their spouses for torts they commit.

Question 50

All of the following are true about alimony, except

Answer 50

the trend in recent years has been to award permanent alimony for an indefinite time period.

Question 51

All of the following are true about the U.S. Supreme Court decision, Obergefell v. Odgan, except

Answer 51

only states can determine whether same-sex couples can marry.

Question 52

When courts follow the doctrine of equitable distribution, they award property at a divorce by

Answer 52

looking at the contributions of both spouses, whether that contribution be financial or through a spouse's work in the home, regardless of whose name is on the legal title.

Question 53

The Greens are both working parents. Every day, 11-year-old Sam is home alone after school for about two hours. One day, while home alone, Sam cut himself with a knife while fixing himself a snack. He was able to get to a neighbor's house, and they drove him to the hospital. A court might find that leaving Sam alone for two hours on school days constitutes

Answer 53

Child neglect | a proper case of parental discretion regarding the care of their child.