Study sets matching "family law"

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Study sets matching "family law"

77 terms
Family Law
Cohabitation
Condonation
Bigamy
Annulment
Living together but not presenting as husband and wife
To have previously forgiven
The crime of being married to more than one person
Asked for when a marriage is considered invalid
Cohabitation
Living together but not presenting as husband and wife
Condonation
To have previously forgiven
27 terms
Family Law
Injunction
Domestic violence
Assault
Alimony
An order from the court order requiring a person to stop doin…
any criminal offense resulting in physical injury or death of…
an intentional and unlawful threat made by one person towards…
Money paid to an ex-spouse after a divorce
Injunction
An order from the court order requiring a person to stop doin…
Domestic violence
any criminal offense resulting in physical injury or death of…
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…
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…
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…
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.
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…
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.
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…
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…
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…
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…
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.
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…
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…
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…
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…
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…
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…
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
Family Law
Marriage Definition
Ceremonial (statutory) Marriage
Marriage License will not be issued when
Solemnization (ceremony)
Civil contract... Parties must be legally capable of consent…
For a valid marriage, parties must obtain a license and parti…
one party is married to someone else... parties are too closely…
a judge, political official, or member of the clergy must sol…
Marriage Definition
Civil contract... Parties must be legally capable of consent…
Ceremonial (statutory) Marriage
For a valid marriage, parties must obtain a license and parti…
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…
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…
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…
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…
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…
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…
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…
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
114 terms
Family Law Test 2
Real Property
Personal Property
Concurrent Ownership
Marital Assets
Land and anything affixed to it.
Anything other than real property that can be touched and is…
When property is held by two or more persons together; also k…
The property acquired during a marriage
Real Property
Land and anything affixed to it.
Personal Property
Anything other than real property that can be touched and is…
Family Law Midterm
One night stand - right to...
Common Law - right to...
Married spouses - right to...
Surrogacy
If there is a child produced... right to...... Child support... Child…
If there are kids... -right to child support... -right to child cus…
Kids... -right to child support... -right to child custody... -right t…
The Assisted Human Reproduction Act (AHRA)... -payment of consid…
One night stand - right to...
If there is a child produced... right to...... Child support... Child…
Common Law - right to...
If there are kids... -right to child support... -right to child cus…
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
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…
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…
Family law
Custody
Custodial parent
Access
Sole custody
Care of a child awarded to a parent by a court when the relat…
The parent with child care responsibilities
The non-custodial parents right to visit the child
One parent has responsibility of the child
Custody
Care of a child awarded to a parent by a court when the relat…
Custodial parent
The parent with child care responsibilities
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
7 terms
Family Law
Family
Divorce
Community Property
Equitable distribution
The use the word family to define relationships between peopl…
the legal dissolution (end) of a marriage by a court or other…
A system of property ownership based on the theory that each…
The just and fair, but not necessarily equal, division of pro…
Family
The use the word family to define relationships between peopl…
Divorce
the legal dissolution (end) of a marriage by a court or other…
20 terms
Family Law
divorce
annulment
solemnized marriage
common law marriage
legal judgment that dissolves a marriage
a legal (or religious) judgment that a valid marriage never e…
a marriage in which the couple has obtained the proper marria…
a marriage that has not been solemnized but in which the part…
divorce
legal judgment that dissolves a marriage
annulment
a legal (or religious) judgment that a valid marriage never e…
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…
24 terms
Family Law Chapter Two
elective share
uniform premarital agreement act
severability clause
executory contract
% of a deceased spouse's estate that the surviving spouse can…
model statute adopted by many states that governs the legalit…
clause in an agreement that provides that if any part of the…
contract in which the parties bind themselves to future activ…
elective share
% of a deceased spouse's estate that the surviving spouse can…
uniform premarital agreement act
model statute adopted by many states that governs the legalit…
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?
16 terms
Family Law Chapter One
Family Law
marriage
unity of person
federalism
Body of law that defines relationships, rights, and duties in…
legal union of two persons or spouses with designated rights…
(now rejected) rule that the legal identity of a wife is subs…
division of powers between the federal government and the sta…
Family Law
Body of law that defines relationships, rights, and duties in…
marriage
legal union of two persons or spouses with designated rights…
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…
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…
Family Law
Adoption
Black - Market Adoption
Court Appointed Special Advocate
Emancipation
Legal process by which adults become the legal parents of ano…
Adoption in which a go-between arranges for a woman to place…
Person ordered by a court to investigate the facts in a child…
Release of a child from the legal control and custody of pare…
Adoption
Legal process by which adults become the legal parents of ano…
Black - Market Adoption
Adoption in which a go-between arranges for a woman to place…
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…
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…
78 terms
FAMILY LAW
MARRIAGE
Steps for Formal Marriage
Requirements to Obtain a marriage Lice…
Waiting Period
Civil contract between a man and woman. Parties must be legal…
1. Two persons take out a marriage license... 2. Parties take a…
i) parties 18 years old - unless parent consent or court orde…
Parties must wait 72 hours after issuance of the license befo…
MARRIAGE
Civil contract between a man and woman. Parties must be legal…
Steps for Formal Marriage
1. Two persons take out a marriage license... 2. Parties take a…
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