Elements II Flashcards

Question

Annulment

Answer 1

- ending an invalid marriage (where one of requirements not met) Effect: property returns to premarital status, child support awarded, marriage set aside Void marriages if bigamy or close relationship --> no legal action required, TP can attack, can be valid after impediment removed Voidable if duress, lack of capacity, no consent, or fraud as to essential elements of marriage --> valid until declared null, only attackable by parties can be remedied when Voidable marriages

Answer 2

- proper where one of the spouses is domiciled (present + intent to remain) - to effect property, court must have personal jurisdiction!!

Answer 3

-permanent periodic support specific amount until death/remarriage can be increased, decreased with change in circumstances - lump sum specified amount or at one time no modification (treated as K), binding on payor's estate -rehabilitative support specific period x amount per month to finish college can be awarded in conjunction with other alimony - reimbursement support spouse can be reimubrsed to extent they supported/contributed to other spouse and did not get benefits specified pd, lump sum, or installments no modification (treated as K), binding on estate

Answer 4

- needs of claimant spouse, ability of payor spouse to pay

Answer 5

- consideration required - can waive alimony or property division - can detail custody/child support (but ct not bound)

Answer 6

- parents owe a duty --> balance ability to pay and needs of child TEST to modify: substantial and continuing change in circumstances affecting needs of child or ability to pay

Answer 7

original jurisdiction -where petition filed under UIFSA or another state if objection to first state within answer time AND second state is home state jurisdiction to enforce - where award issued or another state by direct enforcement - can be enforced through civil or criminal contempt action, taking tax refund, revoking license jurisdiction to modify - continuing exclusive jurisdiction -where original award filed UNLESS neither party resides there or parties consent otherwise

Answer 8

original jurisdiction - UCCJEA - home state = where child lived with parent for at least 6 months OR proper where child 's home state was but child absent and parent continues to live there -issuing state has continuing exclusive jd unless no parent/child resides in state or child no longer has significant connection Temporary Emergency jd okay if --> child physically present, child abandoned, poor necessary to protect child

Answer 9

- child's wishes - (under 8 not determinative, over 12 great weight) - parent's wishes - child's adjustment (schooling, home life, etc) - interrelationship with siblings, parents, others - mental/physical health of all parties

Answer 10

Joint - encouraged, only awarded if parties agree Sole - strong evidence - other spouse likely to have visitation unless not in the BIOC Custody to Non-parent -rare; non parent has the burden of showing unfitness of parent or harm to child Visitation -absolute denial is rare for parents, special weights given to parents because of constitutional rights

Answer 11

Require substantial and material changes in circumstances affecting the needs of the child Relocation - notice and opp to be heard Ct will grant if in BIOB and not intended to thwart relationship of other parent

Answer 12

voluntary termination by adoption involuntary termination where taken because child's well-being endangered

Answer 13

two types: financier financed, seller financed seller financed - credit sale (buyer pays less than full price) AND - creditor retains interest in the collateral financier financed - loan to purchase collateral - loan actually used to purchase collateral - creditor takes security interest in collateral

Answer 14

defined - creation of security interest, creates creditor's rights as to debtor (1) security agreement (usually a writing signed by the debtor that describes collateral and shows intent to create a security interest) (2) both parties give value (3) debtor has right to collateral being offered up

Answer 15

defined - creates creditor's interest as to third parties/other debtors Attachment PLUS (1) PMSI in consumer goods - automatically perfected (2) possession - DNA to intangible goods, only way to perfect cash (3) control - secured party becoming co-owner - automatic control by bank maintaining account - control agreement (4) notation of lien on certificate of title -only way to perfect title for trucks/car UNLESS held for inventory then 1 filing OR (5) UCC-1 financing statement

Answer 16

Requirements: (1) debtor's - name of unexpired driver's license in jd. if mistake valid as long as not seriously misleading (2) description reasonably identifying collateral - supergeneric, A9 categories, or normal vocab (3) secured parties' name (4) financing statement (??????) (5) authorized by debtor - does not have to be signed, ipso facto auth if debtor signed security agreement - valid for five years, filed with Sec of State Renewed: by filing UCC-3 continuation statement in six months, renews for 5 years

Answer 17

transaction intended to create security interest in PP or property Created through credit transaction + agreement that creates lien

Answer 18

contingent interest in collateral that creditor has over property security agreement =K that creates the security interest