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LAS101 - Intro to Law > Chapter 8 - Family Law - Terminology > Flashcards

Chapter 8 - Family Law - Terminology Flashcards

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1
Q

intentional termination of a pregnancy through medical intervention

A

abortion

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2
Q

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

A

adoptive parents

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3
Q

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

A

advance directive for medical decisions

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4
Q

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

A

agency adoption

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5
Q

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

A

alimony

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6
Q

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

A

annulment

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7
Q

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

A

artificial insemination

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8
Q

sums charged by a lawyer for representation of a client

A

attorney’s fees

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9
Q

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

A

best interests of the child test

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10
Q

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

A

biological parents

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11
Q

the laws of a church

A

canon law

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12
Q

a marriage celebrated in conformity with requirements of law

A

ceremonial marriages

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13
Q

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

A

child snatching

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14
Q

financial obligation of a parent to support a minor child

A

child support

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15
Q

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

A

child support requirements

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16
Q

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

A

child-out-of-wedlock

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17
Q

young children; pre-teen children

A

children of tender years

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18
Q

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

A

civil unions

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19
Q

marriages recognized at common law simply on the basis of cohabitation

A

common law marriages

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20
Q

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

A

community property

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21
Q

states (primarily western US) that have community property laws

A

community property states

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22
Q

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

A

consortium

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23
Q

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

A

contempt of court

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24
Q

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

A

contractual status

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25
Q

a parent that has legal custody of a minor child

A

custodial parent

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26
Q

legal termination of a marriage through divorce or annulment

A

dissolution of a marriage

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27
Q

termination of a marriage by a court judgment

A

divorce

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28
Q

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

A

divorce a mensa et thoro

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29
Q

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

A

domestic partnership

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30
Q

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

A

durable power of attorney

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31
Q

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

A

emancipation acts

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32
Q

a distribution of property that is fair, just and reasonable

A

equitable distribution

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33
Q

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

A

extraordinary life-sustaining measures

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34
Q

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

A

fault concept

35
Q

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

A

foster care

36
Q

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

A

garnishment

37
Q

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

A

gestational surrogacy

38
Q

the right of grandparents to visit their grandchildren

A

grandparents’ visitation

39
Q

a child born out of wedlock

A

illegitimate child

40
Q

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

A

in vitro fertilization

41
Q

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

A

interstate abduction

42
Q

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

A

interstate disputes concerning child custody

43
Q

unable to be repaired (as in marriage)

A

irretrievably broken

44
Q

shared responsibility of divorced parents concerning control and supervision of children

A

joint custody

45
Q

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

A

legal guardian

46
Q

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

A

legal separation

47
Q

artificial means of sustaining life

A

life support systems

48
Q

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

A

living will

49
Q

payment of alimony at one time rather than a continuing basis

A

lump sum alimony

50
Q

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

A

marital property

51
Q

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

A

marriage

52
Q

place where a husband and a wife live during their marriage

A

matrimonial domicile

53
Q

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

A

mediation

54
Q

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

A

modification of custody

55
Q

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

A

no-fault dissolution of marriage

56
Q

right of parents to deny visitation rights to grandparents and others

A

parents’ rights of privacy

57
Q

biological fatherhood

A

paternity

58
Q

requirement to pay alimony on a permanent basis

A

permanent alimony

59
Q

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

A

post-nuptial agreements

60
Q

a fertilized ovum or zygote

A

pre-embryo

61
Q

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

A

prenuptial agreements

62
Q

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

A

primary physical residence

63
Q

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

A

private placement adoption

64
Q

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

A

property settlement agreements

65
Q

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

A

putative father

66
Q

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

A

reciprocal enforcement of support obligations

67
Q

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.

A

rehabilitative alimony

68
Q

modern medical devices that assist in achieving pregnancy

A

reproductive technology

69
Q

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

A

residence requirements

70
Q

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

A

right of visitation

71
Q

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

A

right to privacy

72
Q

marriages between persons of the same sex

A

same-sex marriages

73
Q

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

A

separate maintenance

74
Q

without regard to the sex of a party

A

sex-neutral basis

75
Q

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

A

shared parental responsibility

76
Q

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

A

special equity

77
Q

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

A

stepparent adoption

78
Q

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

A

substituted judgment

79
Q

one who acts in the place of another

A

surrogate

80
Q

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

A

surrogate motherhood

81
Q

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

A

termination of parental rights

82
Q

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

A

traditional surrogacy

83
Q

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

A

unity concept of marriage

84
Q

a minor or incapacitated person placed under guardianship by a court

A

ward

LAS101 - Intro to Law (34 decks)

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