Family Law > III. Rights and Obligations in the Ongiong Family

Question 1

Each spouse has a duty to support the other. It can be enforced through the doctrine of ___________

Answer 1

necessaries.

Question 2

What is the typical situation in which the doctrine of necessaries applies?

Answer 2

A third party seeks reimbursement from one spouse of necessary services the third party provided to the other.

Question 3

In most states, what is the order of assets that a third party can go after when asserting the doctrine of necessaries?

Answer 3

First, against assets of the benefited spouse
Second, against marital assets
Third, against the separate assets of the other spouse

Question 4

What are 3 evidentiary issues that arise pursuant to an ongoing family?

Answer 4

1. Marital communications privilege
2. Testimonial disqualification
3. Tort Actions

Question 5

The marital communications privilege is for communications made in private between spouses. What are the exceptions?

Answer 5

Evidence of private communications offered

1. in suits by one spouse against the other; or
2. in proceedings related to the custody of their children

Question 6

In federal court and in many state courts, in a criminal proceeding, a spouse may testify against the other, but only as to _______.

Answer 6

communications not covered by the marital communications privilege.

E.g., so she can testify about communications they made in front of a third party

Question 7

Why can the testifying spouse not be compelled to testify against the other under testimonial disqualification?

Answer 7

Because the testifying spouse owns the privilege.

Question 8

Is there interspousal immunity from tort suits in most jurisdiction?

Answer 8

No.