Final Flashcards
When a particular court has sole authority and control over certain types of cases or legal matters this is called?
Exclusive Jurisdiction
Which court has exclusive jurisdiction over family cases in Cameron County?
444th
This is a voluntary and confidential process in which a neutral third party, facilitates communication and negotiation between disputing parties to help them reach a mutually acceptable agreement or resolution to their conflict is called?
Mediation
_____________________ in Texas is a legal process where a married couple can seek a divorce without having to prove that one party is responsible for the breakdown of the marriage. Instead, they can simply cite “insupportability” as the reason for the divorce, indicating that the marriage has become insupportable due to discord or conflict. This means that neither spouse is legally blamed or held responsible for the marriage ending, making it easier to obtain a divorce in Texas without the need for fault-based grounds.
No fault divorce
Individuals who represent themselves as in a legal proceeding are called?
Pro se litigants
A legal union between two people recognized by the state, involving a ceremony and the issuance of a marriage license, granting them legal rights, responsibilities, and privileges as spouses is called?
Marriage
A marriage created without a license or ceremony is called?
Common law marriage
A document issued by the Cameron County Clerk that authorizes a couple to get married is called?
Marriage license
A document prepared by the official performing the marriage; most jurisdictions require the couple, the person officiating the marriage and a witness to sign this document which is called?
Marriage certificate
Being married to two people at the same time is called?
Bigamy
A contract entered into by the prospective spouses regarding their rights during the marriage and in the event of a divorce is called a?
Prenuptial agreement
A belief generally held by a majority of the public as to the desirability or rights or wrongness of certain behavior is called?
Public policy
A clause that prevents your future spouse from sharing private details about each other, everything from financial info to personal details is?
Confidentiality clause
This clause is triggered if one of the spouses commits adultery is called?
Infidelity clause
The complete legal severance of the marital relationship is called?
Divorce
Written questions served on the opposing party to be answered under oath are?
Interrogatories
Formal requests for documents such as earnings information, income tax returns, etc. be produced are called?
Request for Production
A request served on the opposing party to admit or deny questions is called?
Request for Admission
A procedure where one party orders the other party or a person who may be called as a witness at trial to appear and answer questions under oath, which are transcribed by a court reporter is called?
Deposition
A meeting with both lawyers and their representative clients with the specific goal of settling the case without court intervention is called a?
Settlement conference
_____________ is financial support paid by one ex-spouse to the other after the marriage has legally ended.
Alimony
Spousal support that is awarded for a limited period of time to give the spouse the opportunity to become self-sufficient is called?
Rehabilitative alimony
A cause of action on whether spousal support may be increased or decreased after the original order is entered due to a change in one spouse’s circumstances is called?
Modification of alimony
A civil proceeding that a party may commence to force the payor spouse to comply with the court’s order when the party entitled to alimony is not paid is called?
Contempt proceeding
When the recipient spouse proves that the payor spouse has the means to make weekly payments but purposefully and deliberately fails to so is called?
Willful contempt
All property and income acquired during the marriage is called?
Community property
The property acquired during a marriage is called?
Marital assets
Property acquired by a spouse prior to the marriage, or after the marriage by a gift, inheritance, or will, designated to that particular spouse alone is called?
Separate property
A system of property division that assumes that both husband and wife contributed to the accumulation of marital assets is called?
Community property distribution
The Texas Family Code that governs the division of community property is?
Tex. Fam. Code 3.102
A monetary award for a personal injury settlement is considered?
Separate property
Where one parent has exclusive custody of a child is called?
Sole custody
Standard that opened the contest for custody not only to fathers but also to other potential caregivers when the child’s well-being or interests could be best served by such a custody determination is called?
Best interest of the child
A person with specialized knowledge of who is called to testify in court is called a?
Expert witness
The parent who has taken care of a child’s most basic needs and main responsibility is called?
Primary caretaker
Arrangement in which parents are equally responsible for the financial, emotional, educational and health-related needs of their children is called?
Joint custody
The parent with whom the child primarily resides is?
Custodial parent
A type of visitation that permits a noncustodial parent to freely visit with the child without others being present is called?
Unsupervised visitation
A type of visit that limits or restricts a parent’s visitation right is called?
Supervised vitiation
The right of a non custodial parent to frequently spend time with the child unless the court finds that visitation in some way endangers the child’s emotional, mental, moral, or physical health is called?
Visitation rights
An agreement created by both parents detailing how they will continue their parenting responsibilities towards their children after their marriage is dissolved is called a?
Parenting plan
A party who is not one of the main parties in a dispute is called a?
Third-party intervenor
Statutorily enacted formulas for determining the amount the non-custodial parent must pay for the support of each child is called?
Child support guidelines
The figure arrived at when each parent’s net income is added together to determine child support is called?
Combined net income
The figure arrived at when each parent’s net income is added to determine child support is called?
Total net income
The __________ has the final say in the amount of child support and can override the agreement of the parties.
Judge
A document requesting the court to order the noncustodial parent to pay higher periodic child support payment, so that less of the custodial parent’s income will be needed for the child is what called?
Motion for modification of child support
A motion that alerts the court to the other party’s failure to comply with the court’s earlier order and requests that the court provide relief is what kind of proceeding?
Motion for contempt
A document empowering a sheriff to arrest a non-appearing noncustodial parent and bring him or her to jail and to court is called?
Capias
Child custody laws in Texas are primarily focused on the ________________________ involved.
Best interest of the child
When an unmarried couple is living together with their biological child, each parent is considered to be ________________?
legal guardian
Each parent is considered to be the legal guardian of a child, providing that the father has previously completed an _____________ containing facts that the man is the father of a child?
affidavit of paternity
If a man denies that he is the father or is not sure, when the child’s mother brings a child support action the court may order a ________________?
DNA test
A man who signs a child’s birth certificate and/or completes an affidavit or acknowledgement of paternity, is deemed to be the child’s father before the law. This is called?
de facto father
Certain professional and paraprofessionals are _________________, meaning that by law, under penalty of law, they are required to report any signs of suspected child abuse or neglect.
mandatory reporter
An individual who reports suspected child abuse and neglect but is not legally obligated by statute to do so is called?
permissive reporter
______________________ was enacted because by the late 1970s there were approximately 503,000 children languishing in foster care and the mistaken belief by some that poverty issues were synonymous with neglect.
Adoption Assitance and child Welfare Act of 1980
A court proceeding that severs the legal bonds between a parent and his or her biological child, is called?
Termination of parental rights
A ___________ is a court order issued by a judge in a criminal case against a defendant accused of a domestic violence related crime.
Criminal Protective Order
A ________________ court order obtained by a victim of domestic violence in a family court.
Civil restraining order
A Latin term meaning “by one party” or “for one party” is called?
Ex Parte
A legal proceeding that makes a person or persons the legal parent or parents of a minor child who is not their natural child is called?
Adoption
The legal requirement that must exist for the police to make an arrest, meaning that based on the evidence, the arresting officers have determined that a crime has been committed by the person sought to be arrested is called?
Probable cause
Determines the amount of equity the parties can keep in their homes and shield from the bankruptcy proceedings is called?
Homestead exception
Adoptive parents must participate in a preplacement assessment know as a _____________, conducted by a licensed social worker who works for the state or a licensed adoption agency.
Home study
An adoption where the biological parents, the adoptive parents, and sometimes the children are known to each other is called?
Open adoption
Spouses who file a joint tax return are _____________________ for taxes due as well as any additions, penalties, or interest.
Jointly and severally liable
A spouse may avoid full or partial tax liability if he or she qualifies for what is known ________________________ arising from a joint tax return where a tax is assessed against his or her spouse.
Innocent spouse relief
A form of bankruptcy that allows a debtor to discharge or liquidate a majority of their debts is?
Chapter 7
The petition filed by a victim of domestic violence in a civil court where the victim alleges that the petitioner and/or members of the household are in immediate physical danger and as such, request relief from the court is a?
Temporary restraining order
