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Study sets matching "family law"

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Study sets matching "family law"

34 terms
Family Law
annulment
ADVO
assault
blended family
A declaration by a court (or the pope in some countries) that…
Apprehended domestic violence order (a court document prevent…
any act by which a person intentionally, or recklessly, cause…
A family created when a parent remarries and stepchildren bec…
annulment
A declaration by a court (or the pope in some countries) that…
ADVO
Apprehended domestic violence order (a court document prevent…
43 terms
Family Law - Chapter 12
Autonomy, right to personal
Battered woman syndrome
Bona fide occupational qualification (…
Cause of action
See right to privacy.
A woman's psychological helplessness or paralysis because of…
Standard or often-used language that is commonly found in the…
(1) A legally acceptable reason for bringing a suit. A rule t…
Autonomy, right to personal
See right to privacy.
Battered woman syndrome
A woman's psychological helplessness or paralysis because of…
32 terms
Family Law - Chapter 14
Abandonment
Child abuse
Child Abuse Prevention and Treatment A…
Child maltreatment
Voluntarily leaving a child or ending communication with a ch…
Serious physical, emotional, or sexual mistreatment of a chil…
A federal statute that helps fund state programs for the iden…
An act or failure to act by a parent or caretaker that intent…
Abandonment
Voluntarily leaving a child or ending communication with a ch…
Child abuse
Serious physical, emotional, or sexual mistreatment of a chil…
20 terms
Family Law
To adopt or adoption
Access
Adjournment
Adultery
'Adopt a child' means to legally become a parent of the child…
Access refers to the right of a non-custodial parent to visit…
The temporary delay of a Court proceeding.
Sexual relations between a married person and someone other t…
To adopt or adoption
'Adopt a child' means to legally become a parent of the child…
Access
Access refers to the right of a non-custodial parent to visit…
30 terms
Family Law
Pre-Marriage Agreements
Ceremonial Marriage Requirements
Common Law Marriage Requirements
Termination of Marriage
Must be: 1) freely made 2) in writing 3) signed by both parti…
Ceremonial Marriage - In most states, a ceremonial marriage r…
Some states will recognize a common-law marriage if the parti…
...
Pre-Marriage Agreements
Must be: 1) freely made 2) in writing 3) signed by both parti…
Ceremonial Marriage Requirements
Ceremonial Marriage - In most states, a ceremonial marriage r…
148 terms
Family Law - Chapter 7
Absolute divorce
Adversary proceeding
Affiant
Affirmative defense
A declaration by a court that the marriage is terminated so t…
A proceeding in which both sides appear and argue their posit…
A person making an affidavit.
A defense raising facts or arguments that will defeat the opp…
Absolute divorce
A declaration by a court that the marriage is terminated so t…
Adversary proceeding
A proceeding in which both sides appear and argue their posit…
46 terms
Family Law - Chapter 15
Abortion
Adoption
Adoption and Safe Families Act (ASFA)
Adoption by estoppel
An induced termination of a pregnancy in order to destroy an…
The legal process by which one person (the adoptive parent) b…
A federal statute that requires states to take specific place…
See equitable adoption, estopped.
Abortion
An induced termination of a pregnancy in order to destroy an…
Adoption
The legal process by which one person (the adoptive parent) b…
79 terms
Family Law - Chapter 6
Affinity
Alien
Annulment
Canon law
Relationship by marriage rather than by blood.
A person who was born outside the United States, is still a s…
A declaration by a court that a valid marriage never existed.
Church or ecclesiastical law.
Affinity
Relationship by marriage rather than by blood.
Alien
A person who was born outside the United States, is still a s…
46 terms
Family Law - Chapter 9
Best interests attorney
Best interests of the child
Chambers
Child abuse
An attorney who provides legal representation for a child to…
doctrine used by most courts to determine a wide range of iss…
A judge's private office.
Serious physical, emotional, or sexual mistreatment of a chil…
Best interests attorney
An attorney who provides legal representation for a child to…
Best interests of the child
doctrine used by most courts to determine a wide range of iss…
66 terms
Family Law - Chapter 4
Adultery
Ancillary
Beneficial interest
Book value
(1) Voluntary sexual intercourse between a married person and…
Supplementary; subordinate; auxiliary, aiding.
A right to a benefit from property or an estate as opposed to…
The value at which an asset is carried on the balance sheet.
Adultery
(1) Voluntary sexual intercourse between a married person and…
Ancillary
Supplementary; subordinate; auxiliary, aiding.
23 terms
Family Law - Chapter 13
Alleged father
Bastard
Bastardy
Clear and convincing evidence
See putative father.
A child born to parents who are not married to each other and…
A child born to parents who are not married to each other and…
A standard of proof that is met when the evidence demonstrate…
Alleged father
See putative father.
Bastard
A child born to parents who are not married to each other and…
72 terms
Family Law - Chapter 5
Aggrieved
Alienage
Anti-miscegenation law
Appearance
Injured or wronged and thereby entitled to a remedy.
The condition of being an alien.
See "miscegenation"
Formally going before a court.
Aggrieved
Injured or wronged and thereby entitled to a remedy.
Alienage
The condition of being an alien.
23 terms
Family Law
What are the 3 instances that a father…
What is the most important jurisdictio…
How many consecutive months does the c…
A father-child relationship is not presumed merely because a…
The most important jurisdictional test is what state is the c…
For the purpose of determining jurisdiction under the UCCJEA,…
What are the 3 instances that a father…
A father-child relationship is not presumed merely because a…
What is the most important jurisdictio…
The most important jurisdictional test is what state is the c…
27 terms
Family Law
Abortion
Access or secondary physical custody
Adoption
Alimony
intentional termination of a pregnancy
the right of the noncustodial parent for reasonable access to…
the legal process by which a child is taken into one's family…
allowance a spouse pays for the support of the other spouse a…
Abortion
intentional termination of a pregnancy
Access or secondary physical custody
the right of the noncustodial parent for reasonable access to…
86 terms
Family Law - Chapter 1
AFDC
Affidavit
Alienage
American Jurisprudence 2d
Aid to Families with Dependent Children, a public assistance…
A written statement containing facts, claims, or other legal…
The condition of being an alien.
A national legal encyclopedia.
AFDC
Aid to Families with Dependent Children, a public assistance…
Affidavit
A written statement containing facts, claims, or other legal…
47 terms
Family Law - Chapter 10
Adjudicate
Amnesty
Appellant
Beneficiary
To decide by judicial process; to judge.
Forgiveness; a pardon issued by the state.
The party bringing an appeal because of disagreement with the…
The person named in a document such as a will or insurance po…
Adjudicate
To decide by judicial process; to judge.
Amnesty
Forgiveness; a pardon issued by the state.
25 terms
Family Law
Will
Decree Nisi
Divorce
Petition
Document setting out how you want your property divided in ev…
The interim decree stating marriage will be disolved unless s…
Dissolution of a marriage
the docuemnt setting out the grounds and evidence for divorce
Will
Document setting out how you want your property divided in ev…
Decree Nisi
The interim decree stating marriage will be disolved unless s…
67 terms
Family Law - Chapter 2
Adversary
Adversary system
Adverse
Adverse interest
(1) An opponent. (2) Involving a dispute between opposing sid…
A method of resolving a legal dispute whereby the parties (al…
Opposed to; harmful, unfavorable.
A goal or claim of one person that is different from or oppos…
Adversary
(1) An opponent. (2) Involving a dispute between opposing sid…
Adversary system
A method of resolving a legal dispute whereby the parties (al…
31 terms
Business Law: Family Law
custody
legal custody
physical custody
Court of Queen's Bench (Family Division)
legal term referring to all the rights and duties related to…
the right to make all important decisions about a child's car…
the right to everyday physical care and control of a child
A unified family court that hears all family matters througho…
custody
legal term referring to all the rights and duties related to…
legal custody
the right to make all important decisions about a child's car…
10 terms
Law and the Family
agreement
family law
child abuse
foster home
a decision reached by two or more people or groups
law that regulates marriage, divorce, and the responsibilitie…
emotional abuse, physical injury, or sexual abuse inflicted o…
home of people who are unrelated to a child but who agree to…
agreement
a decision reached by two or more people or groups
family law
law that regulates marriage, divorce, and the responsibilitie…
11 terms
Family Law
Traditional view of person
Married women and rights
Canadian Family Law was inherited from…
Unity of personality
traditionally viewed husband and wife as one person, and that…
married women historically lost rights to property and control
Common law in england
A married couple used to be viewed as one person in the eyes…
Traditional view of person
traditionally viewed husband and wife as one person, and that…
Married women and rights
married women historically lost rights to property and control
11 terms
Family Law
institution
custody
rights of succession
shortage
учреждение
опека
права наследования
нехватка
institution
учреждение
custody
опека
8 terms
Family Law
decree nisi
decree absolute
Surrogacy Act 2010 NSW
Young Offenders Act 1997 NSW
order for dissolution of marriage
final order for dissolution of marriage
Altruistic surrogacy outlaws commercial surrogacy
Details how young offenders are dealt with
decree nisi
order for dissolution of marriage
decree absolute
final order for dissolution of marriage
16 terms
Family law
Marriage
2004
Conscience vote
Voting on party lines
The union of a man and a woman to the exclusion of all others…
The year that John Howard amended the Marriage Act to explici…
Where members of parliament are allowed to vote according to…
When members of Parliament vote according to their political…
Marriage
The union of a man and a woman to the exclusion of all others…
2004
The year that John Howard amended the Marriage Act to explici…
87 terms
family law
multilateral
competent
obliged
no subordination
wielostronny
uprawniony
zobowiązany
brak podporzadkowania
multilateral
wielostronny
competent
uprawniony
18 terms
Family law
Re E-R (a child)
Payne v Payne
B and L v UK
R(A) v Croydon LBC
No presumption in favour of a natural parent
International child relocation... -Welfare of child is paramount…
• B and L v UK: father in law wanted to marry daughter in law…
in cases where dispute as to whether individual is a child or…
Re E-R (a child)
No presumption in favour of a natural parent
Payne v Payne
International child relocation... -Welfare of child is paramount…
48 terms
Family Law
Domicile
Marriage
Engagement Contract - Breach
Remedies to engagement contract breach
presence in the state ... -intent to reside ... -person's personal…
Marriage is the legal relationship between two people that is…
one may bring a suit for damages for breach of promise to mar…
-in Louisiana the promise of marriage is treated as a contrac…
Domicile
presence in the state ... -intent to reside ... -person's personal…
Marriage
Marriage is the legal relationship between two people that is…
48 terms
Family Law
Abortion
Adoption
Alimony
Alimony pendente lite
The intentional termination of a pregnancy
The legal process by which a child is taken into one's family…
Allowance that a spouse pays for the support of the other spo…
Allowance paid by a spouse for the support of the other spous…
Abortion
The intentional termination of a pregnancy
Adoption
The legal process by which a child is taken into one's family…
Family Law
Spousal Support
The No Fault Divorce
Federal Child Support Guidelines
The Best Interest Of The Child
The new term for alimony is _____ _____.
The biggest policy change in Canada's revised Divorce Act was…
The main reason for the _____ _____ ______ _____ were brought…
The main factor considered when custody is awarded to one or…
Spousal Support
The new term for alimony is _____ _____.
The No Fault Divorce
The biggest policy change in Canada's revised Divorce Act was…
144 terms
Family Law
Marriages are Void
Exception for Age
Caveat for Bigamy
Consanguinity
1. Age: either party under 16... 2. Bigamy (one spouse already m…
If spouse has court order (parental consent is not enough)
If the impediment is removed, the second marriage becomes valid
1. Ascendants or descendants ... 2. Brother, sister, nephew, nie…
Marriages are Void
1. Age: either party under 16... 2. Bigamy (one spouse already m…
Exception for Age
If spouse has court order (parental consent is not enough)
24 terms
Family Law
PRE-MARITAL AGREEMENTS
REQ'S FOR A MARRIAGE
ANNULMENT
VOID MARRIAGES
Req's:... 1) Falls within the SOF. Must be in writing, signed by…
License. Capacity. Witnesses. Must be of legal age (18) or ha…
Marriage was flawed at its inception b/c there was a pre-exis…
Grounds: Bigamy, Mental incapacity, consanguinity
PRE-MARITAL AGREEMENTS
Req's:... 1) Falls within the SOF. Must be in writing, signed by…
REQ'S FOR A MARRIAGE
License. Capacity. Witnesses. Must be of legal age (18) or ha…
146 terms
Family Law
Article 24 Kinds of Persons
Article 25 Commencement and End of Nat…
Article 26 Unborn Child
Article 27 Gen. Legal Cap
There are two kinds of persons: natural persons and juridical…
Natural personality commences from the moment of live birth a…
An unborn child shall be considered as a natural person for w…
All natural persons enjoy general legal capacity to have righ…
Article 24 Kinds of Persons
There are two kinds of persons: natural persons and juridical…
Article 25 Commencement and End of Nat…
Natural personality commences from the moment of live birth a…
15 terms
Family Law
Art. 26. Unborn child
Art. 27. General legal capacity
Art. 28. Capacity to make juridical acts
Art. 29. Age of majority
An unborn child shall be considered as a natural person for w…
All natural persons enjoy general legal capacity to have righ…
A natural person who has reached majority has capacity to mak…
Majority is attained upon reaching the age of eighteen years.
Art. 26. Unborn child
An unborn child shall be considered as a natural person for w…
Art. 27. General legal capacity
All natural persons enjoy general legal capacity to have righ…
30 terms
Family Law
Child support
Alimony/ Spousal Support
Guardianship
Physical custody
מזונות ילדים
מזונות בן זוג
אפוטרופסות
משמורת פיסית
Child support
מזונות ילדים
Alimony/ Spousal Support
מזונות בן זוג
17 terms
Family law
Marriage
2004
Conscience vote
Voting on party lines
The union of a man and a woman to the exclusion of all others…
The year that John Howard amended the Marriage Act to explici…
Where members of parliament are allowed to vote according to…
When members of Parliament vote according to their political…
Marriage
The union of a man and a woman to the exclusion of all others…
2004
The year that John Howard amended the Marriage Act to explici…
50 terms
Family Law
divorce
alimony
spousal support
affidavit
divorcio
...
...
...
divorce
divorcio
alimony
...
189 terms
Family Law
Family
What is a Parent?
Polygamy v.s Religious Freedom?
Polygamy/Bigamy
Texas has 2 elements. ... - A legal or moral obligation on the…
A statute cannot presume that all unwed fathers are unfit par…
Congress may pass a law that prohibits polygamous marriages b…
Both applicants must not be presently married at the time of…
Family
Texas has 2 elements. ... - A legal or moral obligation on the…
What is a Parent?
A statute cannot presume that all unwed fathers are unfit par…
331 terms
Family Law
The types of marriages that are void a…
The types of marriages that are voidab…
An annulment is:
A divorce is:
Bigamy & Incest
Age, Fraud, Lacking Mental Capacity, Marriage during the 6 mo…
An action to declare the invalidity of a particular union at…
an action to legally terminate a valid marriage as of specifi…
The types of marriages that are void a…
Bigamy & Incest
The types of marriages that are voidab…
Age, Fraud, Lacking Mental Capacity, Marriage during the 6 mo…
23 terms
Family Law
Marriage (definition and case)
Requirements of a valid marriage
Void marriage
Voidable marriage
"The voluntary union for life between one man and one woman t…
-At least 16 years old... -no close blood relationship... -must be…
A marriage can be void if: ... Either party under 16... Already mar…
-Non consummation of marriage... -No genuine consent ... -One party…
Marriage (definition and case)
"The voluntary union for life between one man and one woman t…
Requirements of a valid marriage
-At least 16 years old... -no close blood relationship... -must be…
13 terms
Family law
divorce stats
annulment
community property
Tender years doctrine
50% of all marriages end in divorce... 23 million people divorce…
the marriage never existed
property owned by husband and wife
A standard in child custody cases, prevalent in the nineteent…
divorce stats
50% of all marriages end in divorce... 23 million people divorce…
annulment
the marriage never existed
36 terms
Family Law
State
Vermont
Legal obligation
marital
Family law is dominated by ______ statutes
_____ was the first state to grant same-sex couples the benef…
_____to financially support the spouse, even after marriage
Property purchased during the marriage can be viewed as ____…
State
Family law is dominated by ______ statutes
Vermont
_____ was the first state to grant same-sex couples the benef…
40 terms
Family Law
entitled in equity, implied contract,…
"he promised to share"
"we had an agreement"
Liar
equitable relief for unmarried cohabitants
entitled in equity
implied contract
fraud
entitled in equity, implied contract,…
equitable relief for unmarried cohabitants
"he promised to share"
entitled in equity
44 terms
Family Law
will
property distribution & care of children
bequest
devise
a written document that describes that upon your death.
what does a will entitle?
a gift of personal property made through a will
gift or real property (a building or land)
will
a written document that describes that upon your death.
property distribution & care of children
what does a will entitle?
64 terms
Family Law
What are the requirements for a valid…
How does a common law marriage arise […
How can an already established informa…
What makes a marriage void?
A reasonable appearance of authority, at least one party acti…
To establish a CL marriage (informal marriage) it must be sho…
By executing & recording a sworn "Declaration of Informal Mar…
Consanguinity - marriage of brother, sister, aunt, uncle, nie…
What are the requirements for a valid…
A reasonable appearance of authority, at least one party acti…
How does a common law marriage arise […
To establish a CL marriage (informal marriage) it must be sho…
108 terms
Family Law
Marriage
Type of Marriage
Formal Ceremonial Marriage Requirements
Marriage License Will Not be Issued Wh…
Is a civil contract between parties. Parties must be legally…
1. Formal Ceremonial Marriage which requires a license. 2. Co…
Requires:... 1. A License. In order to get a license, all US jdx…
1. 1 party is already legally married to another party... 2. Con…
Marriage
Is a civil contract between parties. Parties must be legally…
Type of Marriage
1. Formal Ceremonial Marriage which requires a license. 2. Co…
22 terms
Family Law
What is a marital statute?
Where the RACE is located?
How is the in rem sister state divorce?
What the court must have in order to a…
Marital statute is a RACE that the court can resolve in an ac…
The RACE is located in either state where husband and wife is…
All states must recognize an in rem sister state divorce decr…
In order for a court to affect vested marital rights, (mainte…
What is a marital statute?
Marital statute is a RACE that the court can resolve in an ac…
Where the RACE is located?
The RACE is located in either state where husband and wife is…
34 terms
FAMILY LAW
family law
ceremonial or solemnized marriage
common law marriage
prenuptial agreement
the area of law that covers marriage, divorce, and parent-chi…
a marriage in which the couple has obtained the proper marria…
a marriage that has not been solemnized but in which the coup…
also known as an ante nuptial agreement; a document that pros…
family law
the area of law that covers marriage, divorce, and parent-chi…
ceremonial or solemnized marriage
a marriage in which the couple has obtained the proper marria…
71 terms
Family Law
Requirements for valid marriage
Requirements for marriage license
Period for returning marriage license…
If marriage license not returned in 30…
1. License 2. Solemnization of marriage
1. 18, or 16 with parents' permission
30 days
Parties to the marriage may submit... 1. Affidavits of two witne…
Requirements for valid marriage
1. License 2. Solemnization of marriage
Requirements for marriage license
1. 18, or 16 with parents' permission
126 terms
Family Law
What is the rule on gifts in contempla…
Limitations on who may marry
Procedural requirements for marriage
What factors might go against an indiv…
If marriage doesn't happen, engagement gifts (those made in a…
(1) minimum age (usually 18, but sometimes younger with paren…
(1) license... (2) solemnization
91) alcohol/drugs... (2) inducement by fraud, duress, coercion,…
What is the rule on gifts in contempla…
If marriage doesn't happen, engagement gifts (those made in a…
Limitations on who may marry
(1) minimum age (usually 18, but sometimes younger with paren…
33 terms
family law
Domestic relations/family law
Family court
Cohabition
Prenuptial/antenultial agreement
Field of law related to domestic matters, such as marriage Di…
Presides over domestic relations cases and whose jurisdiction…
Living together as a man and wife although not married
Agreement between two parties who are about to be married gov…
Domestic relations/family law
Field of law related to domestic matters, such as marriage Di…
Family court
Presides over domestic relations cases and whose jurisdiction…
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