MEE

Question 1

A valid marriage requires that:

Answer 1

(1) parties obtain a marriage license
(2) marriage is solemnized by a ceremony that is conducted by an authorized cleric or judge
(3) both parties consent

Question 2

In jurisdiction that recognize common law marriage, the proponent of the marriage must prove that the parties:

Answer 2

(1) cohabitated for the statutory period
(2) held themselves out as married
(3) intended to be married

Question 3

Most state will enforce a premarital agreement as a valid contract if it is:

Answer 3

(1) in writing and signed by both parties
(2) executed after full disclosure of the property and financial obligations of both parties
(3) voluntary

Question 4

Courts consider the following factors to determine whether an agreement was involuntary:

Answer 4

(a) presence of independent legal counsel
(b) length of time between the agreement and the marriage
(c) sophistication of the parties
(d) presence of other pressing reasons to proceed with the marriage (pregnancy)

Question 5

Annulment is a ____ that a marriage ____ and was invalid from when the parties ____.

Answer 5

judicial declaration; never existed; entered into it (bigamy, underage minors)

Question 6

Common grounds for a no-fault divorce are:

Answer 6

(1) minimum duration of separation
(2) irreconcilable differences

Question 7

Under the majority view, a state where either party is ____ has jurisdiction to enter an annulment decree.

Answer 7

domiciled

Question 8

Under the Full Faith and Credit Clause, a divorce validly granted in one state is entitled to full faith and credit in other states if the petitioning party:

Answer 8

(1) was domiciled in the state that granted the divorce
(2) provided adequate notice of the proceeding to the other spouse

Question 9

Martial property includes ____.

Answer 9

all property acquired during the marriage that is not separate property

Question 10

Separate property includes:

Answer 10

(1) all property acquired by either spouse before the marriage
(2) all property acquired by a spouse during marriage by gift, bequest, devise, or descent
(3) all property either spouse acquires with the proceeds of the spouse’s separate property
(4) all passive appreciation of separate property

Question 11

Under the UDMA, a spouse is eligible for spousal support if the spouse seeking support:

Answer 11

(1) lacks property sufficient for reasonable needs and unable to support themselves through appropriate gainful employment

(2) custodian of a child that it would inappropriate for him to work

Question 12

Once the court determines that a spouse is eligible for support, the court will then determine the appropriate amount to award. General factors include:

Answer 12

(1) financial resources of the party seeking maintenance
(2) time needed for the spouse seeking support to obtain an appropriate job
(3) duration of the marriage
(4) standard of living established during marriage
(5) physical/mental condition of the spouse seeking maintenance
(6) ability of the spouse paying support to meet her own needs while meeting those of her spouse

Question 13

Federal law requires every state to provide guidelines to determine the proper amount of child support owed by a non-custodial parent, which must:

Answer 13

(1) consider the income of the non-custodial parent
(2) provide for the child’s healthcare needs
(3) be based on specifically descriptive numeric criteria

Question 14

In most states, a child/spousal support order can only be modified when there is a ____.

Answer 14

substantial change in circumstances of either party making the prior order unreasonable

Question 15

Under the UDMA, a modification of child/spousal support is allowed only upon a ____.

Answer 15

showing of changed circumstances so substantial and continuing to make the terms unconscionable

Question 16

Some courts will not permit a modification of child/spousal support if the ____.

Answer 16

change is circumstances was anticipated or voluntary

Question 17

Generally, courts determine child custody based on the _____.

Answer 17

best interests of the child

Question 18

Courts consider multiple factors to determine what custody order will serve the child’s best interests. General factors include:

Answer 18

(1) needs of the child for a meaningful relationship with both parents

(2) ability and willingness of the parents to actively perform their functions as mother and father for the child’s needs

(3) interaction and interrelationship of the child with parents, siblings, and any other person who may affect the child’s best interests

(4) child’s adjustment to the child’s home, school, and community

(5) physical/ mental health of all involved individuals

(6) intention of either parent to relocate the principal residence of the child

(7) wishes of the child’s parents as to the custody

(8) wishes of the child as to the child’s custodian

Question 19

In order to modify a child custody order, the parent must show that:

Answer 19

(1) circumstances have substantially changed

(2) modification would be in the child’s best interests

Question 20

In most states, an express agreement (written or oral) between unmarried cohabitants to share property or otherwise engage in forms of economic sharing is ____, so long as the economic sharing is ____.

Answer 20

enforceable; not intended as payment for sexual services

Question 21

However, some states ____ such contracts between unmarried cohabitants as against public policy.

Answer 21

refuse to recognize

Question 22

Some states allow unmarried cohabitants to seek a remedy based on an ____.

Answer 22

implied-in-fact contract theory

Question 23

An implied-in-fact contract is formed by the ____ rather than express statements.

Answer 23

conduct of the parties (commingling funds)

Question 24

(Unmarried Cohabitants)
Possible equitable remedies include a ____.

Answer 24

resulting trust, a constructive trust, or quantum meruit

Question 25

Under the Uniform Parentage Act (UPA), the father child relationship is established between a man and a child by:

Answer 25

(1) effective acknowledgement of paternity by the man (unless rescinded or successfully challenged)

(2) valid adoption of the child by the man

(3) adjudication of the man’s paternity

Question 26

A presumption of paternity under the UPA may only be rebutted by ____.

Answer 26

clear and convincing evidence

Question 27

Under the UPA, a man is presumed to be the father of the child if:

Answer 27

(1) he and the child’s mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated

(2) before the child’s birth, he and the child’s mother attempted to marry each other in apparent compliance with law, although the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination

(3) while the child is under the age of majority, he receives the child into his home and openly holds out the child as his own

Question 28

Under equitable estoppel, a man who is not the biological father will be estopped from denying paternity if:

Answer 28

(1) he has held himself out as the father
(2) paid support

Question 29

To establish his rights, the father may ____.

Answer 29

file a petition to legitimate his child

Question 30

Generally, to establish his rights, the father must show that he has:

Answer 30

(1) assumed parental responsibilities
(2) established a substantial parent-child relationship

Question 31

The marriage of the mother and biological father renders the non martial child ____ so long as the father ____.

Answer 31

legitimate; recognizes the child as his child

Question 32

Upon valid legitimation by petition or marriage, the father ____ as any other parents regarding parental and custodial rights with respect to the child.

Answer 32

stands in the same position

Question 33

Adoption is a statutory procedure that ____ and establishes the rights of the adoptive parents.

Answer 33

terminates the rights of the biological parents

Question 34

In most states, the biological parents ____ to visit their child after the adoption.

Answer 34

lose the right

Question 35

Generally, the consent of ____ is required to place a child up for adoption.

Answer 35

both parents

Question 36

However, if the child is born out of wedlock, consent of the ____ is only required when ____.

Answer 36

father; he has assumed parental responsibility

Question 37

An unwed father who knew of his child’s pending birth is ____ if he ____.

Answer 37

not entitled to notice of the adoption; did not take steps to establish a parent-child relationship with the child

Question 38

A biological parent may challenge the validity of his/her consent to an adoption on the ground that his/her consent:

Answer 38

(1) was procured by fraud or duress

(2) failed to comply with statutory formalities

Question 39

There are three different statutory approaches to a biological parent’s revocation of valid consent to an adoption:

Answer 39

(1) revocable until the final adoption decree is entered with the court

(2) revocable at the court’s discretion up to a specified amount of time so long as the revocation is in the child’s best interests

(3) absent fraud or duress, consent is not revocable