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True-False
Any element of falsity renders the statement false.
1. Wide variations exist in family law from state to state, because legislative viewpoints reflect
substantially different cultural and societal values.
2. In a community property state, property inherited from a favorite aunt or uncle is community
property.
3. The Uniform Marriage and Divorce Act, specifies several factors for determining custody
arrangements. The wishes of the child is not one of the factors provided.
4. In most states “professional” goodwill (enhanced earning power based upon special talents,
reputation, or uniqueness of services offered) is marital property and its value can be added to the
net value of all property and divided upon divorce.
5. In property division after divorce, martial distributions must be equal in an equitable distribution
state.
6. The concept of viability of a fetus is an important factor in the issue of legality of abortion.
7. The concept of a right of privacy of the female who carries a fetus is a critical factor in the issue of
legality of abortion.
8. Most states do not permit a so-called common-law marriage within their borders, even though all
states must recognize (treat as valid) a common-law marriage that was legally created in another
state.
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9. A civil union is a proposed legal relationship, analogous to but different from a marriage.
Although proposed in several states, it is not yet law in any state.
10. In states that accept the “Marvin marriage” rule of law, a verbal commitment to pay money in the
future, in consideration of continued companionship is theoretically enforceable.
11. The running of time under the statute of limitations is tolled (i.e., is suspended or stopped) during
the years that a sexually abused child suffers from a blocked memory of such abuse.
12. Parents have the right to custody of their children and are free to raise them as they see fit, and the
state cannot interfere except under “clear and convincing” proof of severe child abuse, or
abandonment.
13. Minors who are under the jurisdiction of the juvenile court because of their participation in criminal
activity are entitled to trial by jury, just as are other persons who have been accused of crime.
14. Juvenile court records of offenses committed by a minor can be “sealed” by order of the court after
the passage of a specified number of years.
15. All states provide for some variety of “no-fault” divorce, even though some states also provide for
divorce based upon the fault of a spouse.
16. The only country in the world that recognizes same-sex unions is the United States..
17. Some cities now recognize “domestic partnerships” between same-sex couples who thereby become
entitled to certain benefits, such as health insurance, bereavement leave and pensions.
18. Courts will not enforce marital contracts, prenuptial or otherwise, that are unconscionable.
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19. If one spouse is abusive of the other, using foul language, engaging in despicable physical conduct
and otherwise being contemptible, the victimized spouse can sue for damages in most states.
20. Parents have a legal obligation to exercise reasonable care, supervision and control over their minor
children and may be held civilly liable for failure to do so in many states.
21. Surprisingly, there are few variations existing in family law from country to country, although there
are substantially different cultural and societal values.
22. In a community property state, a gift of property to one spouse is separate property of that spouse.
23. A minor legally allowed to handle his or her own financial affairs is called a surrogate adult.
24. Some areas of law change slowly, the area of law called family law is one of these areas of law.
25. Family law is generally an area of state law.
Fill-ins
Complete each sentence or statement.
1. A legal action seeking monetary compensation for physical or mental injury, brought by the victim
against a member of the victim’s immediate family, is called a ___________.
2. Victims abused by members of their immediate family can, in some states, bring legal actions
against those abusers, and possibly obtain monetary compensation for physical or mental injury,
ten, twenty, or even thirty or more years after the abuse allegedly occurred. This is true, because the
applicable __________________is tolled (does not begin to run) in the years during which the
victim could not ____________the events.
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3. A contract on behalf of minor children by their parents, is called a _________________contract.
4. A state law that requires a minor female to notify one or both of her parents that she intends to
obtain an abortion (or in the alternative, to obtain court permission for an abortion) is
_________________according to the U.S. Supreme Court.
5. Legally, a(n) __________________ child is one who is conceived and born to an unmarried
woman.
6. A woman who agrees to artificial insemination, and to relinquish her maternal rights to the child, is
called a(n) __________________.
7. A marriage that is, for some important reason, legally defective, may be “erased” by a court order
called __________________.
8. Court-ordered alimony that automatically terminates at a stated time is called
__________________ alimony.
9. Court-ordered spousal support, also called __________________ that continues indefinitely unless
terminated by the __________________ of either party or the __________________ of the
recipient is called __________________ alimony.
10. Child custody arrangements, in which the court orders to a child reside with one parent for part of
each year, and with the other parent during the remainder of the year, is called
__________________ custody.
11. A marital contract made before marriage is called a(n) __________________ contract.
12. A contract made by unmarried cohabiting persons that pertains to resolution of any differences
upon termination of their relationship is called a(n) __________________ agreement.
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13. A few states have created a special status by statute or ordinance under which non-married couples
can qualify for marriage-like benefits. This status is called a(n) __________________.
14. __________________ property is property acquired before marriage or during marriage by gift or
inheritance. The husband and wife are “partners” in all other property acquired during marriage and
that property is called __________________ property.
15. The common-law doctrine of __________________ held that one spouse could not sue the other
spouse, other than to dissolve the entity (as through divorce).
16. In a few states, a __________________ marriage may arise when a man and a woman continue to
live together as husband and wife but without legal formalities.
17. Under original common law theory, title to all property owned by a ___________was automatically
vested in the ____________ upon marriage.
18. In a community property state, earnings of either spouse are __________________ property and
property inherited by one spouse is the spouse’s ____________property.
19. The Supreme Court case that found abortions were legal as an part a constitutional right to privacy
was __________________ .
20. A husband is ______________to be the father of a child who is born while a couple is married
although it is possible that __________can be _________________ by evidence to the contrary.
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Multiple Choice
Select the one best answer.
1. The creation of marriage is governed by
a. federal statutory law.
b. state statutory law.
c. common law.
d. family court rules.
2. Which of the following is not a requirement for a valid marriage license in most states?
a. Both applicants must be of legal age.
b. Both applicants must be sane.
c. Both applicants must have a crime free background.
d. Applicants must be of the opposite gender.
3. The Full Faith and Credit Clause of the U.S. Constitution requires that each state recognize, as
valid, each of the following family relationships except a
a. common-law marriage created in Texas.
b. formal, solemnized marriage created in New York.
c. French marriage.
d. court-approved marriage between minors created in Florida.
4. In most states that recognize the creation of common-law marriages, which of the following is an
essential component?
a. a marital license
b. cohabitation for a minimum of five years
c. intention of both parties that a common-law marriage exist
d. a written contract evidencing their relationship
5. Which of the following statements is a correct statement about parental rights and liabilities?
a. Parents must exercise reasonable care, supervision, protection, and control over their minor
children.
b. A pregnant women cannot be liable for abusing her fetus.
c. Parents are absolutely liable for the negligence of their minor children.
d. After emancipation, a parent must legally pay a child’s college expenses.
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6. Which of the following statements is false?
a. Children can sue their parent(s) for causes of action based on negligence.
b. Children can sue their parent(s) for injuries caused by intentional torts.
c. Children can sue their parent(s) for refusal to provide them with adequate funds for their
college education.
d. Children can sue their parent(s) for breach of contract.
7. Which of the following may be a valid basis on which to obtain an annulment of a marriage?
a. The husband becomes impotent within one year of the date of marriage.
b. The wife decides within one year of the date of marriage that they must return to her hometown
to live, contrary to her husband’s expectations and desires.
c. The husband lied to his bride-to-be shortly before the marriage by declaring that he was chaste.
d. The wife lied to her husband-to-be shortly before the marriage by declaring that she was willing
to bear children.
8. Rehabilitative alimony would most likely end
a. upon remarriage of the former spouse who is receiving the support.
b. upon remarriage of the former spouse who is paying the support.
c. when the former spouse who is receiving the support begins cohabiting with another person.
d. when the former spouse who is receiving the support finds and accepts any employment.
9. Theoretically a court order for child support can be enforced, by each of the following, except a
a. writ of execution.
b. contempt proceeding.
c. wage assignment.
d. writ of enforcement.
10. Assume that, upon divorce, Alan is ordered by the court to pay permanent alimony to his former
wife, Margaret, in the amount of $3,500 per month. Three years later, which of the following
factors could be a proper legal basis for Alan’s application to the court for a reduction in the
amount of alimony he must pay to Margaret?
a. Margaret loses $100,000 when her house is damaged by a flood.
b. Alan gets a substantial raise of $25,000 a year.
c. Margaret remarries.
d. all of the above
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11. An agreement between spouses concerning how their marital property will be divided in their
forthcoming divorce proceeding is commonly called
a. an antenuptial agreement.
b. a partnership agreement.
c. a separation agreement.
d. all of the above
12. Most states have enacted statutes to protect child witnesses while testifying in court about
criminally abusive treatment. Which of the following protective devices is not typical of the
statutes?
a. acceptance in court of out-of-court statements made by the child to a mental health professional
b. acceptance in court of out-of-court closed circuit televised testimony of the child
c. exclusion of members of the public and the media from the courtroom
d. shielding the child from the vision of the accused, by using a portable shield or divider
13. Which of the following statements is not true relative to divorce or dissolution proceedings in most
states?
a. The parties are entitled to a jury trial, if one is jointly demanded.
b. The parties are entitled to settle their economic differences by agreement, subject to approval of
the court.
c. The parties are entitled to be represented by attorneys at all stages of the proceedings.
d. The parties are entitled to resolve the issue of child custody and visitation by agreement, subject
only to approval by the court.
14. Upon divorce or dissolution, which of the following is outside the jurisdiction of the court?
a. an order establishing the amount and duration of alimony
b. an order requiring the family home be sold
c. an order directing one spouse to not communicate with the other spouse in any way for a stated
period
d. an order requiring reconciliation for a three-month period
15. Unwilling fathers can defeat court orders to pay child support by
a. moving out of state.
b. refusing to work and going on welfare.
c. refusing to pay.
d. none of the above
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16. The most pervasive behavior by pregnant women that may cause harm to a fetus and create liability
for the mother for that harm is
a. fast dancing.
b. continued sexual relations.
c. drug and alcohol use.
d. military service.
17. The most common ground(s) for divorce or dissolution in most states is (are)?
a. adultery
b. gambling
c. failure to communicate
d. irreconcilable differences or no fault
18. A few states have adopted what is called a covenant marriage. A feature of this type of marriage is
that
a. each party to the marriage must be 25 years old.
b. it is a same sex union.
c. divorce is impossible.
d. couples participate in premarital counseling and a mandatory two-year waiting period.
19. Surrogacy arrangements are
a. illegal in China
b. an arrangement is which father agrees to adopt a minor child
c. illegal in all states
d. not provided for in the Uniform Parentage Act of 2002.
20. Oliver was the son of Fagin Twist a particularly unpleasant person. He mentally berated Oliver and
engaged in corporeal punishment as a standard disciplinary choice. Oliver’s mother, Corney, was
not much better as she required Oliver to listen to William Hung and Sanjaya Malakar records for
hours on end. In some states Oliver, even while a minor, might consider a(n)
a. custody case.
b. dissolution of family.
c. adoption
d. emancipation
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21. Legal topics vary from country to country and this is sometimes true in family law. Which of the
statements below is true regarding family law and it legal international differences and
commonalities.
a. In France, local officials can overrule names chosen by parents whereas in the United States
they cannot.
b. In both China and the United States government approval is required to determine the number
of children a family may have.
c. In some states such as California, martial property is community property and in Spain and
Mexico martial property is similarly determined by common law rules.
d. In all counties of the world a husband can only take one wife.
22. About prenuptial agreements.
a. They must be completed after the marriage.
b. They can be oral as well as in writing and still be enforceable.
c. They are not enforceable unless approved before signing by a judge.
d. A judge can refuse to enforce the agreement in a divorce or dissolution if the judge believes it
to be unfair.
Short Answer Essays
1. Describe one pro and one con of prohibiting spouses from causing the genetic alteration of their
embryo to produce a more healthy, or more handsome, or taller/thinner, or more intelligent, or
right-handed child.
2. Describe one pro and one con of prohibiting — or regulating — the buying and selling of human
sperm and eggs on the market.
3. Should a state adopt a statute requiring a minor female to notify at least one of her parents of her
intention to obtain a legal abortion?
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4. Pick the correct answer below and explain why it is correct. Explain why the alternative answers
are incorrect.
Many states prohibit intermarriage of persons who are “lunatics” or who are “insane.”
a. This policy is sound, because it protects against the birth of genetically inferior children.
b. This policy is sound, because “lunatics” or “insane” persons are, by definition, not able to
comprehend the significance of intermarriage.
c. This policy is unsound, because it discriminates against “lunatics” and “insane” persons.
d. This policy is unsound, because there is no clear or realistic standard by which to determine if
one is a “lunatic” or “insane.”
5. What is an annulment? Name two grounds. Why would someone prefer an annulment over a
divorce?
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6. What are the factors used by the court to determine alimony or spousal support?
7. How might a spouse who is a spouse of a common-law marriage recognized in Texas have the
marriage recognized in a state that does not provide for common-law marriage?
8. Briefly describe the following:
a. common-law marriage
b. Marvin marriage
c. domestic partnership
d. civil union
e. covenant marriage
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