Chp 1: Marriage, Family and Privacy in Contemporary America Flashcards
Which of the following is false about demographic changes in the American family since 1960?
The percentage of people married has increased.
Marni and Xavier began dating two years ago, and moved in together last year in the town of Clayton. Marni just gave birth to their first child, Sebastian, two months ago. Marni’s mother has moved in to help care for Sebastian. The town of Clayton has moved to evict Xavier. Relevant portions of Clayton’s housing ordinance provide: In addition to those related by marriage, blood, or adoption, those in a “single family unit,” as defined below, may reside together. A single family unit consists of no more than two unrelated persons who reside together as a household unit. Xavier is challenging the constitutionality of the ordinance.
What is the most likely result?
The ordinance is likely to be struck down because Clayton’s definition of a “single family unit” is too narrow.
Exp: In Moore v. City of East Cleveland, the Court struck down a zoning ordinance that provided too limited a definition of family. 431 U.S. 494 (1977). In Moore, all of the household members were related by blood. Here Xavier is a blood relative of Sebastian’s, so the ordinance is likely to be struck down as too limited.
Which of the following is inaccurate about contemporary family practice?
Family law has a low rate of malpractice claims.
Exp: In addition to higher malpractice claims, family law practitioners may even be subject to more disciplinary complaints than other lawyers.
A legislator in State X seeks to enact a law concerning contraceptives. You are an attorney for the state legislature and have been asked to give advice about federal constitutional limits on state legislation.
Which of the following provisions of the proposed law is most likely to be upheld in the face of a federal constitutional challenge?
A provision that requires disclosure of information concerning proper use and potential side effects for all forms of birth control.
Exp: This seems an appropriate use of the state’s police power, and there is little infringement on the right to use birth control established in Griswold v. Connecticut, 381 U.S 479 (1965) and Eisenstadt v. Baird, 405 U.S. 438 (1972).
Last year, Shelia represented Ray in a bitterly contested divorce and fierce custody battle. Ray is unhappy with the outcome.
Which of the following would be a potential basis for professional reprimand of Shelia in connection with her work on Ray’s case?
Shelia agreed to represent Ray for free because he is a childhood friend, even though Shelia has been practicing corporate transactional law for 10 years. Shelia has not participated in any family law matters since her time volunteering as a 1L in her law school’s pro bono divorce program.
Exp: Shelia’s lack of experience and expertise could be grounds for discipline if she mishandled Ray’s divorce case because she lacked experience and expertise in family law, therefore violating her ethical obligation of competence.
