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NY/ MBE Bar Study > Family Law > Flashcards

Family Law Flashcards

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MBE flashcards
1
Q

What was the effect of the marriage equality act?

A

common law & same sex marraige now valid

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2
Q

Who has legal capacity to marry? (3)

A
  1. 18 and over
  2. over 16 w/ consent of both parents
  3. over 14 w/ consent of parents and judge
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3
Q

What are the 4 conditions for validty of an antenuptual contract?

A
  1. writing
  2. signed (both parties)
  3. voluntary
  4. not unconscionable
    - cant include agreement on divroce
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4
Q

What are the 3 rights of a non-marital child?

A
  1. inheritance from both parents
  2. sue for wrongful death
  3. financial/ economic support from both parents
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5
Q

What must occur for antenuptual contract to have effect?

A

couple must marry

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6
Q

What are the 3 conditions needed for a valid postnuptial contract?

A
  1. writing
  2. subscribed by both parties
  3. acknowledged/ recorded like deed
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7
Q

In paternity suit b/w mother and father, who needs to corroborate testimony regarding relations?

A

father must corroborate testimony/ evidence of mothers relations with other men

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8
Q

What 4 people can commence a paternity suit?

A
  1. mother
  2. child (or child’s guardian)
  3. state
  4. father
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9
Q

When must a paternity suit be brought? where?

A
  • anytime prior to childs 21st bday

- in family court

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10
Q

What 4 people can commence a paternity suit?

A
  1. mother
  2. child (guardian)
  3. state
  4. father
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11
Q

How is DNA testing treated in paternity suits when result excludes father as medically impossible?

A

conclusive

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12
Q

What 5 actions will a court take if neglect is found?

A
  1. suspend judgement for 1 yr
  2. release child to parent
  3. place child in custody of suitable person
  4. make order of protection (guidelines to 4 parent to follow)
  5. return to parent after 1 yr placement outside home
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13
Q

What are the 4 grounds for finding permanent neglect?

A
  1. abandonment
  2. neglect
  3. abuse
  4. mental incompetence
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14
Q

Who is a juvenile offender?

A
  • between 13-15
  • committs serious of violent act
  • may be heard in supreme/ family court
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15
Q

In an adoption proceeding, in what 4 instances is consent unnecessary?

A
  1. parents formally surrended child
  2. parent mentally incapacitated
  3. abandonment (6 mths or more)
  4. neglect
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16
Q

What are the 2 elements of neglect?

A
  1. conduct imposes imminent danger to child AND

2. conduct falls below the minimum degree of care of a reasonable parent in a similar situation

17
Q

Who may adopt a child? (4)

A
  1. 2 married ppl
  2. single person
  3. married minor may adopt step-children
  4. married, seperated adult
18
Q

What are the 4 defenses to adultery?

A

1, recrimination (D proves P was adulterous)

  1. condonation (spouse acquiesced)
  2. connivance (entrapment)
  3. SOL (5 years or SOL
19
Q

What 3 steps will a court follow before confirming an adoption?

A
  1. obtain consent (or determine consent unecessary)
  2. investigate prospective parents
  3. conduct hearing
20
Q

In an abortion proceeding, in what 4 instances is consent unnecessary?

A
  1. parents formally surrended child
  2. parent mentally incapacitated
  3. abandonment (6 mths or more)
  4. neglect
21
Q

What are the 2 grounds for the declaration of nullity?

A
  1. incest

2. bigamy

22
Q

What are the 5 grounds for a divorce action?

A
  1. cruel & inhuman treatment
  2. abandonment (1 yr or more)
  3. adultry (same rules as seperation)
  4. 3 yrs consecutive imprisonment
  5. conversion divorce (based on separation agreement)
    - 5 yr SOL for divorce actions
23
Q

What 3 types of evidence are required for dissolution of a marriage?

A
  1. diligent search
  2. publish request (in english speaking paper for 3 con weeks)
    state for over 1 yr OR state matrimonial domicile when they disappeared)
24
Q

Who may provide evidence of adultery? (3)

A
  1. 3rd party
  2. circumstantial evidence
  3. prostitute or private investigator
    - no evidence allowed fr P
25
Q

What are the 5 grounds for legal separation?

A
  1. cruel and inhuman treatment (mental or physical abuse)
  2. abandonment (no time req just show intent)
  3. adultery
  4. 3 yrs consectutive imprisonment
  5. failure to support
    - 5 yr SOL for seperation action
26
Q

Are professional licenses and educational degrees marital property?

A

yes if obtained during marraige

27
Q

What are the 2 types/ forms of custody?

A
  1. physical

2. legal (decision making power)

28
Q

What is the uniform child custody jurisdiction and enforcement act?

A
  1. home state of child has exclusive jurisdiction
  2. all other states must defer to home state
  3. home state = child lived with parent for 6 months or more consecutively
29
Q

What are 2 reasons a child custody order could be changed/ modified?

A
  1. geogrphic move of parent

2. change in lifestyle of parent

30
Q

What 6 methods will a court use to enforce maintenance/ support payments?

A
  1. seize assets and sell
  2. garnish wages
  3. revoke driviers license
  4. revoke professional license
  5. contempt of court
  6. counsel fees
31
Q

What are the 6 categories of seperate property?

A
  1. assets owned prior to marriage
  2. bequest / gifts made to 1 party
  3. personal injury compensation
  4. anything agreed separate by parties
  5. appreciation of individual property (unless attributable to efforts of other spouse ex homemaker)
  6. anything acquired after separation/ divorce
32
Q

What can court not consider when distributing property?

A

marital fault

33
Q

What factors may a court use when determining spousal maintenance?

A

any relevant factors (ex age, health, earning capacity, duration of marriage)

34
Q

How long must a biological parent support their child?

A

until 21 (may be longer based on academic/ finanical ability of child)

35
Q

What 3 ways is a support/ maintence order terminated?

A
  1. court specific termination
  2. death of either party (parties may contract to support beyond death estate will provide)
  3. recipient remarries or cohabitates as if married

NY/ MBE Bar Study (25 decks)

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