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Law Exam Terms

カード 36枚 作成者: gabriel (作成日: 2013/12/09)

  • Matters preceeding Marrriage

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  • 1

    Matters preceeding Marrriage

    補足(例文と訳など)

    答え

    • Breach of Promise to Marry. Gifts in contemplation. Premarital Agreements

    解説

  • 2

    Matters Preceeding: Breach of Promise to marry

    補足(例文と訳など)

    答え

    • not actionable

    解説

  • 3

    Matters preceeding: gifts in contemplation

    補足(例文と訳など)

    答え

    • if a gift is given conditional on a subsequent marriage and the marriage does not happen, the donor can get the item back. Read: engaagement ring!

    解説

  • 4

    Matters Preceeding: premariital agreements: How its tested

    補足(例文と訳など)

    答え

    • One party is usually attacking the validity of the premarital agreement

    解説

  • 5

    Matters ppreceeding: premarital agreements: requirements

    補足(例文と訳など)

    答え

    • 1) Agreement has to be in writing and has to be signed by both parties -statute of frauds. 2) couple has to have been married -if they never got married and lived together as unmarried cohabitants. 3) will be invalid if you show duress or unconscionability -will be considered unconscionable if the party defending did not disclose assets at the time agreement was entered into AND there was no waiver of disclosure AND other party did not know of the assets

    解説

  • 6

    How to get married

    補足(例文と訳など)

    答え

    • ceremonial marriage. License. Ceremony. common law marriage. Cohabitatioon

    解説

  • 7

    How to get married: ceremonial marriage

    補足(例文と訳など)

    答え

    • requires a license and a ceremony. 1) State can investigate your capacity to marry, gotta fill out a form. 2) age can be one of those questions. 3) Same sex: generally a no, but we're working on that. 4) usually don't need a blodd test anymore. 5) usually have to pay for a license, usually a waiting period

    解説

  • 8

    how to get married: ceremonial marriage: ceremony

    補足(例文と訳など)

    答え

    • 1) Need some sort of officiant

    解説

  • 9

    How to get married: exchange of promises

    補足(例文と訳など)

    答え

    • 1) need to both agree to take on the statuses of husband and wife. 2) solemn promises -a solemnization of the marriage in some way

    解説

  • 10

    How to get married: common law marriage

    補足(例文と訳など)

    答え

    • 1) Starting to become more of a thing. 2) States that recognize this are all scattered. 3) Must also exchange promises: no officiant or witnesses, but some declaration in the words in the present tense entering into the roles of husband and wife. 4) Proof that these words were uttered: usually circumstantial, two part showing of cohabitation

    解説

  • 11

    How to get married: cohabitation showing

    補足(例文と訳など)

    答え

    • 1) you were shackin' up and doin the hibbity-dippity

    解説

  • 12

    Disssolution of Marriage

    補足(例文と訳など)

    答え

    • Annulments: you look backwards from the day of the marriage to find the grounds; they either didn't know it or one hid it from the other -usually a capacity issue. Divorce: grounds that rise after the date of marriage; usually arises thereafter -used to require marital misconduct

    解説

  • 13

    Annullment: void or voidable

    補足(例文と訳など)

    答え

    • Void: you are not married, pack your knives and go. Voidable: you ARE married until the judge tells you that you're not anymore

    解説

  • 14

    Divorce

    補足(例文と訳など)

    答え

    • no fault. Fault. Hybrid jxs. legal separation. procedural issues in divorce.

    解説

  • 15

    Divorce: fault

    補足(例文と訳など)

    答え

    • Grounds. Affirmative defenses

    解説

  • 16

    Divorce: legal separation

    補足(例文と訳など)

    答え

    • 1) limited divorce .2) divorce from "bed and board"

    解説

  • 17

    Divorce: procedural isssues

    補足(例文と訳など)

    答え

    • 1) In order for a state to have subject matter jurisdiction to grant the divorce, one spouse must be domiciled in the state. 2) Marriage is seen as intangible legal thing, and that thing is physically located in any state/jx. 3) some issues with forum shopping, "To Reno!". 4) tough for economic issues: divisible divorce -separation in one forum, economic division in another

    解説

  • 18

    property division: equitable distribution

    補足(例文と訳など)

    答え

    • two-step analysis:. 1) categorize the property. 2) applying the factors in order to distribute the assets. Separate like this: husband's property, wife's property, marital assets

    解説

  • 19

    Property division: separate property

    補足(例文と訳など)

    答え

    • 1) any items that the party agrees to make separate. 2) items owned by either spouse prior to the marriage. 3) any gifts or inheritances received during the marriage by one spouse in his/her sole name. 4) gifts prior to wedding or during marrage given in joint name is considered marital property

    解説

  • 20

    property division: appreciation in value on separate property items

    補足(例文と訳など)

    答え

    • 1) Passive appreciation: generally treated as separate property, even though it was acquired during the pendency during the marriage. 2) Appreciation due to active work and labor: often treated as a marital asset IF that labor and work was put forth during the pendency of the marriage. IL: all appreciation, passive or active, is nonmarital

    解説

  • 21

    Alimony

    補足(例文と訳など)

    答え

    • 1) Not supposed to be punitive, not necessarily automatic. 2) Generally considered to ease the transition from marriage to singlehood. 3) trend in less alimony for smaller durations and such

    解説

  • 22

    Forms

    補足(例文と訳など)

    答え

    • 1) Periodic payments for an indefinite period of time: subject to modification upon showing a change of circumstances. 2) Rehabilitative Award: order to pay periodic payments, but only for a limited amount of time -usually for education or job training. 3) Lump sum award: just a lump payment, usually with older couples. 4) Reimbursement: if one spouse supported the other one so the other could pursue education. All forms terminate automatically upon death of either party

    解説

  • 23

    Child support

    補足(例文と訳など)

    答え

    • You're owed a duty of child support from both your parents, whether or not you live with them:. Divorced kid: custodial and noncustodial parent, and child support is upheld by a court order. How to pay child support.Reaching age of majority. death of the parent -IL distinction

    解説

  • 24

    Child support: how to pay

    補足(例文と訳など)

    答え

    • every state has adopted child support guidelines, usually some kind of table, court usually stays within it but they can deviate

    解説

  • 25

    child support: reaching age of majority

    補足(例文と訳など)

    答え

    • 1) Usually the ending point for child support. 2) Will continue to pay if the kid is disabled. 3) parents can volunteer to pay past 18 if they agree, at the time of the divorce, to bind themselves to it -and can be enforceable

    解説

  • 26

    Child support: death of parent

    補足(例文と訳など)

    答え

    • Usually terminates then

    解説

  • 27

    Child support: enforcement

    補足(例文と訳など)

    答え

    • Garnish your wages. Withhold your tax refunds. can remove your driver's license. civil or criminal contempt. UIFSA -direct interstate enforcement, clarifies conflicting court orders -makes it a continuing exclusive jurisdiction in the original forum

    解説

  • 28

    Custody

    補足(例文と訳など)

    答え

    • Physical vs. Legal. who adjudicates it?. Standard. Joint custody. Visitation

    解説

  • 29

    modification

    補足(例文と訳など)

    答え

    • where the kid lives

    解説

  • 30

    custody: legal

    補足(例文と訳など)

    答え

    • who makes the decisions. These custodies can be exclusive in one parent, oor divided between the two -parents would have to be on speaking terms if that were the case

    解説

  • 31

    custody: who adjudicates

    補足(例文と訳など)

    答え

    • incident to the divorce: divorce court. any other proceeding: UCCJEA: state can enter a child custody order if it is the home state of the child OR it was the home state within the last 6 mo's and a parent still live there

    解説

  • 32

    Custody: joint custody

    補足(例文と訳など)

    答え

    • are they having an amicable divorce? If not, probably not a good move. Look and see if the parents live reasonably close

    解説

  • 33

    Custody: non-parent/parent issues

    補足(例文と訳など)

    答え

    • Presumption is that the biological parent should get the child, parent needs to show almost unfitness to prevail

    解説

  • 34

    Custody: visitation

    補足(例文と訳など)

    答え

    • 1) Almost never denied -would have to pose a risk to the safety of the child. 2) borderline? Supervised. 3) custodial parents can be held in contempt for not allowing their kids to see the noncustodial -Dwayne Wade's ex-wife. 4) Other relatives: parents have a due process right to raise their kids, a judge cannot substitute judgment as a parent. Even though a judge may believe that the other relative should see the kid, the parent's decision presides over the other relative. Grandparents must give a showing that denial of visitation would be a detriment to the child -state interest

    解説

  • 35

    Unmarried woman with a kid?

    補足(例文と訳など)

    答え

    • Discrimination against the kid is constitutionally suspect. Any law that disadvantages an illegitimate child is held to the substantial relation to important governmental interest test

    解説

  • 36

    Terminating parental rights

    補足(例文と訳など)

    答え

    • voluntary termination. involuntary termination. putting up the kid for adoption

    解説

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