History of Fam Law and Federalist Concerns Flashcards
What is family law?
Legal creation/recognition of family relationships - rights - duties - benefits - privileges AND Dissolution/Disestablishment of family relationships - rights - duties - benefits - privileges
Family law origins
Family law originated from canon law and ecclesiastical courts
- marriage
- procreation
- child-rearing
- family relations
Types of relationships involved in family law
spousal and spousal-like relationships
child + parent or child/parent like relationships
Moore v. City of East Cleveland
Issue: Did the ordinance violate due process clause of 14th A?
Rule: Right of related family members to live together is fundamental and protected by the Due Process Clause; more than just the nuclear family.
Analysis: Court deemed it unconstitutional to deny grandson living in household, arbitrary/marginally accomplished the city’s goals. PP to have generations living together for benefit of family - hurts impoverished and minority families most.
Conclusion: Court reversed the decision and afforded the constitutional protection to the family to live under one roof.
Legal significance of family
- marital interests in real property
- privileged communications b/w husband and wife
- inheritance rights under intestate laws
- wrongful death rights in tort law
Controversial Topics in Family Law
- same-sex adoption
- abortion
- no-fault divorce
- transracial adoption
- relocation of custodial parent
Maynard v. Hill, 125 U.S. 190 (1888)
issue(s): Was the marriage legally dissolved? If valid, did it divest the wife of her property interest?
Rule: marriage is a type of K that requires legal process to dissolve. The marriage was legally dissolved and b/c the wife was not legally the wife for all 4 years to claim the land, she did not meet the eligibility requirements. Thus, their children also were not entitled to inherit the land.
A: Because the marriage was dissolved, the land was void.
C: Wife (and children) were not entitled to the land because the dissolution defeated her rights in the property.
Bread and Butter Law
Family Law is the single largest area of law practiced in America.
1/3 of all civil cases are domestic relations cases
includes: divorce, property division, alimony, child support, visitation, child custody, and modifications/enforcement
Federal Law in Family Law
- Due Process
- Full Faith and Credit
- Equal Protection
- Federal Tax Law
- Bankruptcy Law
Rules governing JX for Family law 3 part test
- Statute or C/L rule authorizing JX
- Is the JX constitutional?
- Have the rules of the JX been followed?
Type of JX for Family Law
- in personum?
- domicile
- subject matter JX
Ankenbrandt v. Richards 504 US 689 (1992)
Issue: Does the federal court have JX over a tort committed by fmsp and his female companion against Pet.’s children?
Rule: Div. JX is proper over a state tort claim
Analysis: Exercising DR to abstain from case was improper b/c it was not a DR case. It was a tort claim originating from a DR case, but falls outside of a DR claim.
Conclusion: The federal court cannot abstain from the case using the DR exception b/c it is a torts claim where the parties are domiciled in different states and eligible for Div. JX
Meyer v. Nebraska 262 US 390 (1923)
Issue: Does the statute to convict person of teaching in German infringe on due process of 14th Amendment?
Rule: A state may not prohibit teaching of foreign languages to a young child in school when requested by the parent(s).
A: Prohibiting interferes with the fundamental liberty of parent to control their child’s education.
Conclusion: The scope of the 14th Amendment Due Process Clause recognizes liberty interests including parents right to control and educate their children. The statute was arbitrary and without reasonable relation to the state’s goals.
