Chp 3: Family Roles, Rights, and Obligations Flashcards
Which of the following family law doctrines or practices is not a reflection of the common law doctrine of coverture?
The contemporary doctrine of necessaries.
Exp: States that retain the doctrine of necessaries have made it gender neutral. Historically, the doctrine was related to the wife’s legal disabilities during marriage and her husband’s duty to support her. It was gender-specific and permitted the wife to purchase items from third parties using her husband’s credit. See 1 William Blackstone’s Commentaries 442-45 (1765) (“The husband is bound to provide his wife with necessaries by law, as much as himself; and, if she contracts for them, he is obliged to pay them.”).
Elana was hired by the local public elementary school to serve as school psychologist for a three-year probationary period, after which time she would be eligible to apply for tenure. During the probationary period she gave birth to two children. Her evaluations were initially quite strong, but worsened as her tenure review approach. Just before Elana’s tenure review, her supervisor questioned whether she could “possibly do the job with children,” and also expressed concerns over her childcare arrangements. Rather than receive tenure, Elana was fired because she lacked organizational and interpersonal skills.
Elana has filed a lawsuit in federal court, alleging that the school engaged in sex discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment. The school seeks to dismiss the claim.
What is the most likely outcome?
The claim will survive if Elana alleges that the school’s decision was based on gender stereotypes in violation of the Equal Protection Clause of the Fourteenth Amendment.
Exp: Women may pursue sex discrimination claims when state action is premised on gender-based stereotypes. See United States v. Virginia, 518 U.S. at 531. This includes stereotypes of women as caregivers. Back, 365 F.3d at 121 (assumption that “women’s family duties trump those of the workplace” is a gender stereotype).
Lynn and Gene have been married for ten years, but the marriage has become increasingly strained because of Lynn’s preoccupation with Lynn’s business. Lynn has become verbally and physically abusive of Gene. About a year ago, Gene overhead Lynn on the phone with an unknown individual discussing a transfer of $50,000 “after you’ve completed the job.” When Gene confronted Lynn, Lynn told Gene that Lynn had hired someone to kill Lynn’s business partner, and threatened to kill Gene if Gene told anyone. Several weeks later, Lynn’s business partner was robbed at home and killed. Lynn is now on trial for murder. The prosecution seeks to call Gene as a witness, and Lynn argues that Lynn’s communications with Gene were privileged and should be precluded.
How will the court rule?
The court will permit Gene’s testimony because Lynn has been verbally and physically abusing Gene, and has threatened Gene with physical harm.
Exp: “[C]ourts have long recognized an exception to the [marital communications] privilege when one spouse commits an offense against the other, thereby harming the marital relationship and thwarting the privilege’s purpose.” United States v. Breton, 740 F.3d 1, 10 (1st Cir. 2014).
Which of the following has not contributed to the financial instability of working and middle-class families?
Most married-couple families have only one parent in the paid labor market.
Exp: In many married-couple families, both parents are employed. In 2018, among married families with children, 63.0 had both parents employed. See U.S. Dep’t of Labor, Bureau of Labor Statistics, Employment Characteristics of Families – 2018 (Apr. 18, 2019), https://www.bls.gov/news.release/pdf/famee.pdf. Although having only one parent employed in a two-parent household can contribute to financial instability, most two-parent households need two incomes to support their family.
Which of the following statements most accurately describes the impact of marital status on federal income tax?
The impact of marital status on the application of federal tax law can result in a married couple filing jointly paying either more tax or less tax than they would have if they were single and each had filed individually.
Exp: Depending on marital status, whether one or both spouses work, and income levels, married couples may either receive a marriage “bonus,” (paying less income tax than they would have were they single and each filed individually) or a “penalty” (paying more income tax than they would have were they single and each filed individually). Bonuses are highest for those couples in which only one spouse works in the paid labor market and earns all the income. Penalties are highest for those couples in which both spouses work in the paid labor market and earn roughly the same wages. Under the current federal income tax system, “traditional” marriages in which there is one primary breadwinner enjoy the most federal income tax benefits.
A nonprofit group is considering a challenge to State Y’s laws regulating abortion availability. Which of the following provisions is most likely to be upheld in the face of a federal constitutional challenge?
A provision that requires a minor seeking an abortion to receive consent from one parent or guardian or get court approval of the proposed abortion.
Exp: The Supreme Court has held that requiring a minor seeking an abortion to obtain the consent of a parent or guardian, so long as there is an adequate judicial bypass procedure, is constitutional. See Bellotti v. Baird, 443 U.S. 622 (1979); Planned Parenthood of Se. Pa. v. Casey, 505 U.S. 833 (1992).
Yasmin and Jake were married two years ago. Yasmin decided to move out two months ago because she had fallen in love with a co-worker, Zeke. Yasmin was recently severely injured in a car accident. The car was driven by Zeke. Yasmin is unable to make her own medical decisions. She has no children, one sibling, Sally, and two devoted parents, Tom and Uma.
Under state law, who is most likely to be the default decision maker for her?
Jake, because Jake is Yasmin’s spouse.
Exp: When a person is incapacitated, that person’s spouse is normally the default medical decisionmaker in most states, unless the person previously designated an alternative surrogate. E.g., Fla. Stat. Ann. § 765.401 (West 2016). Their recent separation is irrelevant.
Sandy and Tim live in a jurisdiction that recognizes the necessaries doctrine. Tim recently had a heart attack and was admitted to Local Hospital for treatment. After Tim’s recovery, the hospital seeks payment of the expenses from Sandy. Sandy claims that she has no responsibility for Tim’s medical expenses.
If the hospital sues Sandy, how is a court likely to rule?
Because the doctrine of necessaries has become gender-neutral in most jurisdictions, Sandy could be held liable.
Exp: The doctrine has either been abolished or made gender-neutral in most jurisdictions. E.g., Joan M. Krauskopf et al., § 25:43. Spouse Responsibility for Necessaries—Common Law Necessaries Rule—Modern Changes, 2 Elderlaw Advoc. Aging § 25:43 (2d ed. 2018 update).
Tina is pregnant and has worked full-time for Omega Employer at its large manufacturing facility for the past five years. She is concerned about how her pregnancy and planned leave will affect her employment. She consults a lawyer for advice.
Which of the following is accurate?
The federal Family and Medical Leave Act provides her with 12 weeks of unpaid leave.
Exp: The Family & Medical Leave Act provides up to 12 weeks of unpaid leave to eligible employees. 29 U.S.C. § 2601 (2018).
