Comprehensive Family Law Q&A E Exam Bundle

Which of the following is not a likely basis for Constitutional rights to enjoy elements of family life? a.The First Amendment. b.The Third Amendment. c.The Fourth Amendment. d.The Fifth Amendment. e.The Fourteenth Amendment. b. The Third Amendment. Les Cash is behind on child support but ...

1.What makes a marriage void? 1) Consanguinity - up thru niece & nephew; includes steps & half-bloods. (Can't get license to marry cousin but marriage not void.) 2) Bigamy - when the other marriage is dissolved, the current marriage becomes valid by operation of law. 3) Under 16 & no court orde...

What is a prenup? A prenup is a contract. It must be in writing because of statute of frauds. Marriage is considered the consideration. What type of relationship is created by a prenup? **Parties to prenuptial agreement stand in a confidential relationship to each other by virtue of fact that mar...

Moore v. City of East ClevelandSC found a Cleveland zoning ordinance that prohibited a grandmother from living with her grandkids unconstitutional - Court found that the law violated her due process rights because it intruded too far upon the sanctity of the family and recognized a right to family i...

Acts that may occur before marriage and give rise to a legal claim (3 acts): 1. A breach of a promise to marry gives rises to a cause of action, but is very rare in most states. When used, the cause of action provides tort damages, including actual damages (e.g., expenses of getting ready for the we...

What are the restrictions on marriage? Bigamy, Incest, Non-Age, Mental Capacity, 6 Month Rule Which restrictions are void and which are voidable? Void: Bigamy, Incest, Mental Capacity (if incompetent at the time of the ceremony, may be different if lose mental capacity later), 6 Month Rule Voida...

family law Body of law that defines relationships, rights, and duties in the formation, ongoing existence, and dissolution of marriage and other family units. What are five major developments that are affecting the practice of family law in the 21st century? 1. Equality of the sexes 2. Increased...

Duties of Spouses 1) Duty to support: each other during the marriage so that neither spouse becomes a ward of the state 2) Doctrine of Necessaries: each spouse is responsible for paying the debts of the other spouse that furnished necessaries Sources of spouses' rights and duties (1) the ...

define a void marriage a marriage that is invalid from the beginning what kind of marriage results from bigamy, polygamy, incest, and persons under 16? a marriage that is void (invalid from the beginning) and subject to attack from a 3rd party... against public policy Define a voidable marriag...

UCCJEA A court has subject matter jurisdiction to preside over custody hearings and either enter or modify custody or visitation orders if the state is: (i) the child's home state and has been the home state for a period of six months; or (ii) was the child's home state in the past six months and ...

What is family law? the laws impacting the family unit and defining the rights and duties of family members -- predominantly state law, but some federal law also matters (family law is important because it is the basis of many political and social policies) Functions of Family Law Protective:...

An exchange of promises by a man and a woman to marry is known in law as an? Engagement/ Betrothal The crime of marrying someone while you are legally married? Bigamy Legal term for living together without any intention of marrying and without representing yourselves to society as being marrie...

Family Law - Final Review D-1. GETTING MARRIED: (1) Define an antenuptional ("prenuptial") agreement. (2) When will such a contract be deemed invalid? GETTING MARRIED: (1) A contract entered into by people before they are married which sets forth how their property will be divided if...

What kind of damages for the breach of the promise to marry? Tort (not recognized in most JX) Gifts made in contemplation of marriage. The wedding ring scenario. When can you recover a gift? What question should you ask? Gifts that are made CONDITIONAL on the subsequent marriage (like engagement ...