Chapter 8 - Family Law - Terminology

Question 1

intentional termination of a pregnancy through medical intervention

Answer 1

abortion

Question 2

parents who have adopted a child, as distinct from “birth parents”

Answer 2

adoptive parents

Question 3

a written document signed by a person stating his or her desires concerning health care, often appointing a surrogate to exercise judgment as to the extent of medical procedures

Answer 3

advance directive for medical decisions

Question 4

an adoption arranged by a n adoption agency, typically for a fee

Answer 4

agency adoption

Question 5

regular payments of money to a former spouse as required by a court that grants a divorce

Answer 5

alimony

Question 6

judicial dissolution of marriage on the ground that valid marriage did not take place

Answer 6

annulment

Question 7

medical procedure in which semen is injected into a woman’s vagina in order to achieve pregnancy

Answer 7

artificial insemination

Question 8

sums charged by a lawyer for representation of a client

Answer 8

attorney’s fees

Question 9

the doctrine under which custody of a child is awarded to the parent who is better able to foster the child’s best interests

Answer 9

best interests of the child test

Question 10

the male and female who are biologically responsible for conceiving a child

Answer 10

biological parents

Question 11

the laws of a church

Answer 11

canon law

Question 12

a marriage celebrated in conformity with requirements of law

Answer 12

ceremonial marriages

Question 13

a parent’s removal of his or her child from jurisdiction of the court in order to obtain custody either by self-help or from a court in another jurisdiction

Answer 13

child snatching

Question 14

financial obligation of a parent to support a minor child

Answer 14

child support

Question 15

amount required to be paid (by agreement or court order) for support of minor children

Answer 15

child support requirements

Question 16

a child born of parents who were not marriage at the time the child was born and who did not subsequently marry one another

Answer 16

child-out-of-wedlock

Question 17

young children; pre-teen children

Answer 17

children of tender years

Question 18

a legally sanctioned same-sex relationship carrying all of the rights and duties of marriage

Answer 18

civil unions

Question 19

marriages recognized at common law simply on the basis of cohabitation

Answer 19

common law marriages

Question 20

property acquired by a husband and wife during their marriage, other than property acquired by gift or inheritance, in a state that has community property laws

Answer 20

community property

Question 21

states (primarily western US) that have community property laws

Answer 21

community property states

Question 22

the right of companionship an services that each spouse has in relation to the other spouse

Answer 22

consortium

Question 23

any action that embarrasses, hinder, obstructs or is calculated to lessens the dignity of a court of law

Answer 23

contempt of court

Question 24

in family law, the recognition that marriage not only involves a contractual relationship but also, because of the state’s interest in the institution of marriage, results in a contractual status

Answer 24

contractual status

Question 25

a parent that has legal custody of a minor child

Answer 25

custodial parent

Question 26

legal termination of a marriage through divorce or annulment

Answer 26

dissolution of a marriage

Question 27

termination of a marriage by a court judgment

Answer 27

divorce

Question 28

a divorce from bed and board; a divorce judgment that does not legally terminate a marriage

Answer 28

divorce a mensa et thoro

Question 29

an agreement between two persons of the same sex to live and cohabit together

Answer 29

domestic partnership

Question 30

a written document in which a person (the principal) designates another person to act as an agent for specified purposes, especially for the making health care decisions. The "durable" characteristic means the power of atty remains effective even if the principal becomes incapacitated

Answer 30

durable power of attorney

Question 31

laws that allow persons considered legally incapable of entering into legal transactions to enter contracts and other legal transactions. In past decades applied to married women

Answer 31

emancipation acts

Question 32

a distribution of property that is fair, just and reasonable

Answer 32

equitable distribution

Question 33

medical measures to prolong life beyond ordinary feeding and care--for example a medical respirator

Answer 33

extraordinary life-sustaining measures

Question 34

in family law, the requirement that one spouse must prove the other spouse to be at fault before a court grants a divorce

Answer 34

fault concept

Question 35

placing a child in the care of persons who perform the duties of a parents, usually under supervision of a social welfare agency

Answer 35

foster care

Question 36

court action requiring a party (garnishee) who is indebted to a person to withhold payment a pay a sum over to a creditor (garnishor) who instituted garnishment proceedings

Answer 36

garnishment

Question 37

a method of surrogate parenthood where the sperm of a married man is artificially united with the egg of his wife and the resulting pre-embryo is implanted in another woman's womb

Answer 37

gestational surrogacy

Question 38

the right of grandparents to visit their grandchildren

Answer 38

grandparents' visitation

Question 39

a child born out of wedlock

Answer 39

illegitimate child

Question 40

a technique whereby human ova are placed in a laboratory dish with human sperm, and after fertilization the embryo is transferred into the uterus of a woman who is t observe as surrogate mother of the developing fetus

Answer 40

in vitro fertilization

Question 41

a non-custodial parent's removal of his or her child to another state usually to attempt to escape the exercise of jurisdiction by the courts of the child's residence

Answer 41

interstate abduction

Question 42

conflicting claims of jurisdiction between courts in different states concerning control and supervision of children

Answer 42

interstate disputes concerning child custody

Question 43

unable to be repaired (as in marriage)

Answer 43

irretrievably broken

Question 44

shared responsibility of divorced parents concerning control and supervision of children

Answer 44

joint custody

Question 45

court proceeding resulting in appointment of a guardian to exercise control over a ward, the ward's property, or both

Answer 45

legal guardian

Question 46

an agreement whereby parties agree to live separate or apart from one another OR a court order providing for spouses to live separate from one another, often making provisions for support of a spouse and children but not dissolving the marriage

Answer 46

legal separation

Question 47

artificial means of sustaining life

Answer 47

life support systems

Question 48

a document enforceable in court stating a person's wishes regarding the use of extraordinary medical treatment in the event that person is injured and is unable to communicate

Answer 48

living will

Question 49

payment of alimony at one time rather than a continuing basis

Answer 49

lump sum alimony

Question 50

property acquired by spouses, other than by gift or inheritance, during their marriage

Answer 50

marital property

Question 51

a special contractual relationship formed according to law between a man and a woman that results in the regulation of the social and economic status of the parties by law

Answer 51

marriage

Question 52

place where a husband and a wife live during their marriage

Answer 52

matrimonial domicile

Question 53

an informal, non-adversarial process whereby a neutral third persona facilitate resolution of a dispute between parties by exploring issues and settlement alternatives

Answer 53

mediation

Question 54

a court judgment revising previous court-ordered arrangements for control and supervision of minor children

Answer 54

modification of custody

Question 55

a court judgment dissolving a marriage without the necessity of one spouse's proving the other spouse to be at fault in the marriage

Answer 55

no-fault dissolution of marriage

Question 56

right of parents to deny visitation rights to grandparents and others

Answer 56

parents' rights of privacy

Question 57

biological fatherhood

Answer 57

paternity

Question 58

requirement to pay alimony on a permanent basis

Answer 58

permanent alimony

Question 59

contracts entered into by a husband and wife settling their property rights upon death of one party or in the event of divorce

Answer 59

post-nuptial agreements

Question 60

a fertilized ovum or zygote

Answer 60

pre-embryo

Question 61

contracts entered into by a man and woman before their marriage settling their property rights upon death of one party or in the event of divorce

Answer 61

prenuptial agreements

Question 62

the place where a child remains with a parent who has custodial responsibility for the child

Answer 62

primary physical residence

Question 63

an adoption arranged by a private intermediaries, usually by a doctor and lawyer

Answer 63

private placement adoption

Question 64

a contract entered into by married persons providing for disposition of their assets and liabilities. In most instances the agreement becomes effective upon approval of the court, upon dissolution of the parties' marriage

Answer 64

property settlement agreements

Question 65

a man who is regarded to the the father of a child although paternity has not been established

Answer 65

putative father

Question 66

statutory method whereby the states cooperate in enforcing legal obligations of support of dependents. Involves proceeding in an initiating state and responding state

Answer 66

reciprocal enforcement of support obligations

Question 67

a court-ordered sum paid by one spouse to the other to enable the recipient to become financially self-sufficient. Usually paid for a definite number of months or years.

Answer 67

rehabilitative alimony

Question 68

modern medical devices that assist in achieving pregnancy

Answer 68

reproductive technology

Question 69

legal requirements that parties have resided in a jurisdiction for a minimum period of time before voting, running for office, marrying or receiving certain benefits to which residents are entitled

Answer 69

residence requirements

Question 70

the court-ordered right of a non-custodial parent to visit with his or her child

Answer 70

right of visitation

Question 71

right to be let alone, that is, free from governmental interference

Answer 71

right to privacy

Question 72

marriages between persons of the same sex

Answer 72

same-sex marriages

Question 73

an allowance that a court orders paid to a wife who is living apart from her husband in order to provide for the wife and the parties' children

Answer 73

separate maintenance

Question 74

without regard to the sex of a party

Answer 74

sex-neutral basis

Question 75

a court-ordered relationship in which both parents retain their parental rights and responsibilities with respect to their child and are to confer with each other on major decisions affecting the child's health, education and welfare

Answer 75

shared parental responsibility

Question 76

court-ordered interest in an asset awarded to a spouse based on his or her superior contribution to a particular marital asset

Answer 76

special equity

Question 77

adoption of a child by the spouse of the child's natural parent, usually with consent of the child's natural parents

Answer 77

stepparent adoption

Question 78

decisions by a relative or surrogate in respect to health care matters for an incapacitated individual. Judgment presumably is exercised on the basis of the decision-maker's view as to the decision the incapacitated individual would ordinarily make

Answer 78

substituted judgment

Question 79

one who acts in the place of another

Answer 79

surrogate

Question 80

a woman who relinquishes her parental rights as the biological mother of a child she has delivered as a result of having been artificially inseminated

Answer 80

surrogate motherhood

Question 81

a court judgment declaring an end to a natural parent's rights over his or her child

Answer 81

termination of parental rights

Question 82

impregnation of a woman with the sperm of a married man with an understanding that the child to be born is to be legally the child of the married man and his wife

Answer 82

traditional surrogacy

Question 83

common law doctrine whereby courts treated a husband and wife as one person for legal purposes. Generally discarded today.

Answer 83

unity concept of marriage

Question 84

a minor or incapacitated person placed under guardianship by a court

Answer 84

ward