Exam 1

Question 1

Federal Court System

Answer 1

U.S Supreme Court
U.S. Circuit of Appeals
District Court

Question 2

State (NY) Court System

Answer 2

Court of Appeals
Appellate Court
Supreme Court

Question 3

Sources of Family Law

Answer 3

1. State common statutory and constitutional Law; 50 states have 50 jurisdictions
2. Federal Law = Parental Kidnapping Prevention Act which deals with interstate/intercounty custody disputes
3. U.S. Constitution; 14 amendment = due process = procedural and substantive and Equal protection
4. State & Federal Social & Tax Legislation = welfare and other entitlements and tax deduction
5. Local Regulation = Zoning

Question 4

Family Work Chart

Answer 4

Family
Characterized by "Love"
Community & relationships
Women & kids
Roles are fixed by gender and age

Work
Money
Individual
Men & adults
Roles are negotiated

Question 5

Moore v City of Cleveland

Answer 5

• Mrs. Moore lived with son and 2 grandsons, the grandsons were cousins instead of brothers. The city fined her $25 because she didn’t kick grandson out
• Law said it was a crime for a dwelling to contain members of more than one family
• Public Policy was concerned about overcrowding
• To deny that different types of family exists would be to deny certain rights and due process recognition

Question 6

1960’s

Answer 6

1. Women Liberation Movement caused a reduction in marriage
2. Vietnam War caused partied to marry when older
3. Hippies cause a change in marriage by alternative lifestyles such as cohabitation. The function of marriage changed and divorce became easier.

Question 7

Betrothal

Answer 7

When the brides father agree to transfer the custody and protection of his daughter to the groom in exchange for property. The father will also deliver bride to the groom

Question 8

3 Types of Marriages

Answer 8

1. Valid - A good and excepted marriage
2. Void - Like there was never even a marriage so there was no need to anomaly the marriage
3. Voidance - Was not a valid and was not void but the court could void the marriage

Question 9

English Common Law Impediment

Answer 9

1. If you were already married
2. If you were related to the person you wanted to marry
3. Age; Infancy children below the age of 7 could not marry, but after the age of 7 the marriage became voidable until they could consummated marriage(boys 14 and girls 12)

Question 10

U.S. Supreme Court Test

1. Rational Basis Test

Answer 10

The end in which the law enacted must be constitutionally legitimate and the means selected rationally relate to the accomplish that end. More likely than not, the law will be constitutional

Question 11

U.S. Supreme Court Test

2. Gender Review

Answer 11

Is a middle standard; deals with cases involving gender. Its more strict than rational test but less strict that scrutiny test. Sometimes the law will survive.

Question 12

U.S. Supreme Court Test

3. Strict Scrutiny Test

Answer 12

The law more likely than not be unconstitutional. A law that is subject to the U.S.S.C must serve compelling government interest and the provisions of the law must be strictly tailored to the achievement of a compelling purpose in the most least invasive way. Fundamental Right - enumerated and non-enumerated and Suspect Classification - race and national minorities

Question 13

Griswold v Connecticut

Answer 13

• Mrs. Griswold who worked for a planned parenthood in CT. was fined $100 for giving out contraception
• Law prohibited married and unmarried persons from using contraceptives and anyone helping obtain contraceptives would be fined
• Public Policy - the purpose of marriage was to procreate
• The U.S. Supreme Court ruled that the state ban on contraceptives violated the right of marital privacy and the zone of privacy allowed married couples to have contraceptives.

Question 14

Eisenstadt v Baird

Answer 14

• A professor was lecturing about contraceptives to university students in Mass. and than distributed contraceptive foam to a student after the lecture
• Law said married people could get contraceptives but only from a doctor or druggist with prescription, single people could not get it, and anyone could receive contraceptives to prevent the spread of disease
• Public Policy - to prevent premarital sex
• The court said if the right of privacy means anything it is the right of individual, married, or single to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person decision to bear or beget a child.
  1. The right to contraceptives is a fundamental right for unmarried people
  2. Equal protection issues ; created 2 classes married and unmarried

Question 15

Licensing and Solemnization

Answer 15

1. Vital Statistics is to keep up with who is married, born, and dead
2. Licensing provides objective proof of marriage to prevent fraud
3. Public health measures to prevent infectious diseases from kids and spouses ( No required everywhere)
4. Decrease the divorce rate by prevented hasty and ill advise marriages
5. Assists in the enforcement of other marriage laws such as age and blood relation

Question 16

Solemnization 1

Answer 16

A valid ceremony of marriage without a license depends on the license statutory in the state. Some states says no marriage is valid without a license and where there is no law the court would generally rule in favor of a marriage because Public Policy encourage marriage

Question 17

Solemnization 2

Answer 17

A marriage solemnized by someone who is not qualified and the couple has a license; the marriage is going to be valid provided that both spouses were unaware of the disqualification. Public Policy says we want to be able to trust that those who hold public office really hold public office.