Family Law Intro Cards Flashcards
(i) _________ law involves. complex blend of state, federal, and constitutional law applied to a whole range of human (ii) ________ and behaviors.
(i) family; (ii) relationships
Controversies arising in (i) _______ of (ii) ______ often involve (A) breach of (iii) ______ to _______ and (B) ______ in contemplation of marriage.
(i) anticipation; (ii) marriage; (iii) promise to marry; (iv) gifts
In states that have retained (i) ______ actions for breach of a (ii) _____ to ______, if one (iii) _______ shows that the other (iv) ______ (v) _____ to _______ him/her, and then (vi) ______ on that (vii) _________, the (viii) _____ partner may request damages. Courts expect (ix) _______ _____ of a promise to marry, namely (A) a (x) _____ ______ or (B) independent (xi) ______ _____.
(i) tort; (ii) promise to marry; (iii) partner; (iv) partner; (v) promised to marry; (vi) reneged; (vii) promise; (viii) wounded; (ix) independent evidence; (x) signed writing; (xi) independent witness testimony.
A (i) _____ given in contemplation of (ii) _____ may be (iii) _______ if the gift was (iv) ________ on the (v) _____.
(i) gift; (ii) marriage; (iii) revocable; (iv) conditioned; (v) marriage
Although the (i) _______ right to (ii) ________ includes a right to (iii) _______ the person of one’s choice, some restrictions are (iv) __________, including: (A) minimum (v) _____; (vi) _______; and (vii) _____.
(i) constitution; (ii) privacy; (iii) marry; (iv) constitutional; (v) age; (vi) consanguinity; (vii) bigamy
To marry, the prospective spouses must have either (A) (i) _____ the (ii) ___ of (iii) ________ or have (B) (iv) ______ from another responsible party (e.g., the parent).
(i) obtained; (ii) age; (iii) majority; (iv) authorization
The principle of (i) ________ states that two persons cannot marry if they are (ii) _____ _____ to each other.
(i) consanguinity; (ii) closely related
If someone purports to (i) _____ another spouse while still (ii) ____ ____ to someone else, the second (iii) _______ is considered (iv) _______. (v) ______ is a (vi) _____ in most states, and (vii) ___________ marriages are (viii) _____.
(i) marry; (ii) legally married; (iii) marriage; (iv) bigamous; (v) bigamy; (vi) crime; (vii) bigamous; (viii) void
To obtain a (i) __________ _______, the spouses generally must (A) obtain a (ii) ____ _____ and (B) hold a (iii) __________ with a (C) properly qualified (iv) ______.
(i) ceremonial marriage; (ii) marriage license; (iii) ceremony; (iv) officiant
To marry, both of the prospective spouses must have the (i) ______ _____ to (ii) ______ enter into marriage (e.g., they must (iii) _______ the (iv) _______).
(i) mental capacity; (ii) voluntarily; (iii) understand; (iv) significance
To create a (i) ______-_____ marriage (without a (ii) ____-), the couple must be (iii) ______ _____ to marry and there must be (A) (iv) ____________ between the parties, (B) the parties must be (v) _______ _______ ___ as married, and (C) the parties must display an (vi) ________ to be married.
(i) common-law; (ii) ceremony; (iii) legally eligible; (iv) cohabitation; (v) holding themselves out; (vi) intent
Under the (i) ______ _______ doctrine, even if a (ii) ______ _______ never existed, a person who believed in (iii) _____ _____ that he was married to someone may claim (iv) _______ rights as if the couple had been married.
(i) putative marriage; (ii) valid marriage; (iii) good faith; (iv) property
(i) ________ contracts are agreements written and signed by an (ii) _______ _____ specifying what will happen if the couple later (iii) ______ or one member of the couple (iv) ____ . A valid (v) _____ ____ must satisfy general (vi) _____ ___ principles, and be (A) (vii) _______, (B) (viii) ________, and (C) not (ix) ________.
(i) premarital; (ii) engaged couple; (iii) divorce; (iv) dies; (v) premarital contract; (vi) contract law; (vii) voluntary, (viii) informed; (ix) unconscionable.
The (i) ______ relationship has several implications for the ownership of (ii) _______ and the payment of (iii) ____.
(i) marital; (ii) property; (iii) debts
A common form of (i) ______ ownership is the (ii) _____ _____. (iii) ______ _____ own the property in (iv) _____, (v) _____ shares, with a right of (vi) _______. A historical but merely obsolete form of ownership is (vii) _______ in the (viii) __________, in which each spouse holds the (ix) ______ property with a right of (x) ________.
(i) spousal; (ii) joint tenancy; (iii) joint tenant; (iv) equal, (v) undivided; (vi) survivorship; (vii) tenancy; (viii) entirety; (ix) entire; (x) survivorship
A marital (i) _____ is (ii) ____ issued for an item that could be (iii) ______ to potentially benefit the (iv) _____ ______. A (v) _______ may seek payment for an (vi) ____ ____ _____ from (vii) _____ _____ or from the property of the spouse who (viii) _______ the debt. To satisfy a (ix) non-______ debt, the (x) _____ may seek payment only from the (xi) ______ _____ of the spouse who (xii) _______ the ______.
(i) debt; (ii); debt; (iii) expected; (iv) marital family; (v) creditor; (vi) unpaid marital debt; (vii) marital property; (viii) incurred; (ix) non-marital, (x) creditor; (xi) separate property; (xii) incurred the debt.
At common law, a husband has a (i) ____ to (ii) ____ his wife (iii) ________, which is sometimes called the (iv) _______ doctrine. (v) _______ are items required for basic subsistence. The (vi) _____ of support is now (vii) ____-_____.
(i) duty; (ii) support; (iii) financially; (iv) necessaries; (v) necessaries; (vi) duty; (vii) gender-neutral
(i) _______ _______ includes physical harm, (ii) _____ ______ and putting the victim in fear of physical harm. All states will provide (iii) ______ ______ against the abuser to a victim of (iv) _______ _______ within a marriage.
(i) domestic violence; (ii) sexual assault; (iii) protective orders; (iv) domestic violence
The (i) ___ _____ right to (ii) _______ protects the family from unwanted intrusion and (iii) ______. The (iv) ______ right to (v) _________ protects the government from interference in such matters as (vi) _________ and (vii) _______ ______.
(i) common law; (ii) privacy; (iii) publicity; (iv) constitution; (v) privacy; (vi) childrearing; (vii) sexual intimacy
A minority of jurisdiction allow one spouse to bring a (i) ___-_____ tort claim against a (ii) _____ _____ who allegedly caused the end of the (iii) _____. These claims include (iv) _______ of affection and (v) ______ _______. A different type of recovery is provided by a (vi) _____-of-_______ claim, which is an action against a tortfeasor, of the tortfeasor caused the (vii) injury or ______ of the plaintiff’s (viii) _______.
(i) hart-balm; (ii) third party; (iii) marriage; (iv) alienation; (v) criminal conversation: (vi) loss-of-consortium; (vii) death; (viii) spouse
A marriage can end during a couple’s lifetime by (i) ____, (ii) _________, and (iii) _______.
(i) separation; (ii) annulment; (iii) divorce
If a married couple wishes to live apart from each other and (i) ______ their (ii) _______ affairs, but not end the (iii) _______, the couple may request a (iv) _______ _____.
(i) separate; (ii) financial; (iii) marriage; (iv) legal separation
An (i) _____ occurs when a (ii) _______ is challenged, and a court formally declares that (iii) __ _____ ______ ever existed. (iv) _____ _____ and (v) _______ _____ can generate an annulment.
(i) annulment; (ii) marriage; (iii) no legal marriage; (iv) void marriage; (v) voidable
(i) ____ ____ are purported marriages that are ineffective from their inception. These marriages may be (ii) _____
(i) void mariages; (ii) annulled
(i) _____ ______ have some legal flaw that could justify an (ii) _______, but they are treated as (iii) ____ _____ unless and until they are (iv) ______ _____.
(i) voidable marriages; (ii) annulment; (ii) valid marriages; (iv) formally annulled
If the spouses in a legally valid (i) ______ wish to end the (ii) _____, they must obtain a (iii) _____. One or both of the spouses must (iv) ______ ___ _______ for a (v) ____ ____.
(i) marriage; (ii) marriage; (iii) divorce; (iv) petition the court; (v) divorce decree
Historically, if an (i) ________ spouse could prove that the other spouse had committed a (ii) ____ ____ to (iii) _____ the relationship, the (iv) _________ spouse was given a (v) _______ _____. Today, many states have eliminated (vi) _____ _______.
(i) innocent; (ii) wrongful act; (iii) destroy; (iv) innocent; (v) fault divorce; (vi) fault divorce.
In states where fault divorce exists, the enumerated faults include: (i) _________; (ii) _________; (iii) physical or mental ______; and (iv) other faults including substance abuse, insanity, or incarceration
(i) adultery; (ii) desertion; (iii) cruelty
In states where fault divorce exists, a spouse may defend against a fault divorce with defense including: (i) _______ (the innocent spouse freely and voluntarily forgave the fault); (ii) ______ (the spouses agree to falsely claim that there was a fault, to get a divorce); (iii) _______ (the innocent spouse encouraged the fault); (iv) _________ (the innocent spouse provoked the fault); (v) _________ (both spouses have committed faults, and neither is innocent)
(i) condonation; (ii) collusion; (iii) connivance; (iv) provocation; (v) recrimination
(i) ___-_____ divorces terminate the marriage without assigning (ii) _____. If both spouses with to end the marriage and agree that the marriage has broken down, they may obtain a (iii) ______ by ________ _____. A single spouse may request a (iv) _________ (v) ____-____ divorce if (A) the marriage has suffered an (vi) _______ breakdown, and (B) the spouses have lived (vii) _________ and apart for a specified period of time.
(i) no-fault; (ii) fault; (iii) divorce by mutual assent; (iv) unilateral; (v) no-fault; (vi) irretrievable; (vii) separate
For a court to have the authority to issue an order ending a marriage, the state in which the court sits must have (i) _______ over the marriage.
Jurisdiction
To have (i) ______ over ending the marriage, the court must have both (A) (ii) ____-_______ jurisdiction over the marriage and (B) (iii) _____ _______ over at least one of the spouses. In general, a state’s (iv) ______ over a divorce requires that at least one of the spouses (A) be (v) _______ in the state and (B) meet the state’s (vi) ______ _______. A valid divorce decree from one state will generally be recognized by another sate as valid. However, if the issuing state has (vii) ______ ______ over only one party, the state in which the other party resides will recognize the issuing state’s (viii) _______ _____, but it will not recognize any (ix) _____ or (x) _______-related determination in the (xi) _______.
(i) jurisdiction; (ii) subject-matter; (iii) personal jurisdiction; (iv) jurisdiction; (v) domiciled; (vi) residency requirements; (vii) personal jurisdiction; (viii) divorce decree; (ix) property; (x) financially; (xi) decree
To divide (i) _______ in a divorce, the court typically must have (ii) ______ ______ over (iii) _____ _____.
(i) property; (ii) personal jurisdiction; (iii) both spouses
A court must have (i) ____ _______ over the (ii) _______ spouse to award alimony. The court that originally issued an alimony award retains continuing and (iii) ________ jurisdiction over the order awarding alimony.
(i) personal jurisdiction; (ii) defendant; (iii) exclusive
A court must have (i) _____ _______ over the (ii) _______ spouse to award (iii) ______ support. One state must give (iv) ______ _______ ____ ______ to another state’s (v) _____-______ order as long as (A) the order was issued by a court pursuant to the laws of the original state and (B) the issuing court had both (vi) _____-_______ and (vii) _______ ______. A state may modify a (viii) _____-______ order from another state only if (A) the new state would have (ix) __________ if the order were requested as a new proceeding, and (B) the (x) ____ state has lost continuing and (xi) ______ jurisdiction over the original order.
(i) personal jurisdiction; (ii) defendant; (iii) child; (iv) full faith and credit; (v) child-support; (vi) subject-matter; (vii) personal jurisdiction; (viii) child-support; (ix) jurisdiction; (x) original (xi) exclusive
A (i) ________ order in a (ii) _____ case is a (iii) _____, provisional order often used to manage the parties’ (iv) _____ issues.
(i) preliminary; (ii) divorce; (iii) temporary, (iv) urgent
An (i) _______ order lasts for a specified and limited period of time, during which the spouses are still legally married.
(i) interlocutory
A (i) ___ _____ constitutes the (ii) ____ ______ and may include associated matters, like property division and chid-support awards
(i) final order; (ii) divorce decree
