Gen. Info on Family Law

Question 1

Why does the law regulate family relationships?

Answer 1

it is the “most important relation in life”
Marriage “has always been subject to the control of the legislature”

Question 2

Sources of Family Law

Answer 2

some constitutional law, statutory law, and international law (marginally)

Question 3

Why are the legal definitions important?

Answer 3

• property interest
• Privilege communications
• Inherentance rights
• wrongful death, rights in torts law

Question 4

Federal Non-Involvement

Answer 4

subject of domestic relations belongs to the states, not the U.S.
- in virture of the 10th amendment, it’s not an enumerated power

Question 5

policy values (Fed. non-involvement)

Answer 5

• desire to preserve pluralism
• local values
• suspicion of concention of pwers
• principles of comity and shared sovereignty
• defeerence for state expertise on family law issues
• judicial economy

Question 6

Diversity in citizenship for family law

Answer 6

fed. cours has historically declined to exercise diversity jurisdictions over suits involving family relations claim

Question 7

court abstention doctrines

Answer 7

fed. courts will not hear cases involving divorce (division of property), child custody or awards of alimony but will hear cases involving tort claims (ankenbrandt)

Question 8

fed. involvement indirectly affecting family relations

Answer 8

• fed laws on child support enforcement
• fed tac benefits, bankrupcty provisions
• social security (spousal benefits)
• adoption assistance

Question 9

Family Privacy Doctrine

Answer 9

family privacy is constitutionallu protected by substantive due process

Question 10

parental childrearing judgement

Answer 10

legislature unduly interfered with parents right to educate their own children; states may regulate homeschooling (constitutionally)

Question 11

Disputes within the intact family

Answer 11

living standards of a family are a matter of concern to the household, and not for courts to determine; courts will not settle family disputes within the intact family involving:
- financial decisions
- education
- religion
- domestic dynamics

Question 12

family privacy doctrine

Answer 12

• child rearing and parental right to educate their own children
• family living arrangements
• disputes within intact family