Final Exam: LEGL 1500

This particular document is used when the opposing party is cooperative and does not require that they be formally served with a summons and complaint.

Acceptance of Service

The two (2) primary approaches to establishing paternity are:

Adjudication and Acknowledgement

A ______ action is brought to enforce an existing order where a party is in noncompliance.

Contempt

The study entitled "The Battered Child Syndrome":

Detailed the harms that children suffer at the hands of their caretakers

The primary purpose of a permanency hearing is to:

Develop a permanency plan so the child is not left in limbo

A Defendant may voluntarily submit him or herself to the subject matter jurisdiction of court that otherwise would not be able to hear the case. In other words, parties can confer subject matter jurisdiction on a court.

False

A deposition can ONLY be taken of an opposing party.

False

Poor families will be charged with neglect if they do not have the money to provide their child(ren) with nutritious meals. In other words, the textbook definition of neglect includes the phrase "poor people will be charged with neglect if they can't pay for nutritious meals for their child(ren)".

False

Safe haven laws typically allow a birth parent to anonymously relinquish a child up to the age of four (4) to a designated agency without fear of prosecution.

False

The ONLY WAY a state may exercise jurisdiction over a non-resident is if he/she is personally served in that state.

False

The rights of unwed fathers have been reduced, not expanded, since the middle of the twentieth century.

False

When paternity is contested, states must have procedures in place that require the parties and the child to submit to ________________.

Genetic testing

The doctrine of parens patriae:

Gives the state the authority to protect those who are unable to protect themselves

All of the following are likely to be considered mandated reporters of child abuse, EXCEPT:

Grandparents

A parent, although they may not be the abuser:

Is likely required to report abuse by the other parent based on the legal duty of protection that a parent owes to his/her children

The UCCJEA encourages a state to decline jurisdiction when:

It is an inconvenient forum and another state is in a better position to hear the case.

Historically, children were considered ________ if born to married parents.

Legitimate

In most states, once birth parents have consented to a private placement adoption, the consent:

May be revoked within a specified time period

A concern that has been raised about open adoptions is that they:

May interfere with the ability of a child to become fully integrated into his or her new family

All of the following are accurate statements about PKPA, EXCEPT:

Most states have not yet adopted it

Which statement is accurate with respect to an adoption based upon the involuntary termination of parental rights?

Parental consent is not required

The case of Stanley v. Illinois stood for the proposition that:

Paternal rights do not merit protection only when developed within a marital family unit.

This is known as the act of a father undoing a determination that he is the child's biological father.

Paternity disestablishment

An open adoption:

Permits some degree of contact between the birth parents and the adopted child

According to your textbook, the first official step in the divorce process is:

The filing of the complaint or petition.

An adoption agency can obtain custody of a child through a voluntary surrender by the parents.

True

Discovery is a pretrial process for obtaining information from the other side.

True

In most cases, a permanency hearing must be held within 12 months of the time the child enters foster care to decide if the child can return home safely or whether the rights of the parents should be terminated.

True

In order to safeguard children from harm, federal law requires states to make a reasonable effort to keep a family together.

True

Most paternity actions are initiated by mothers or a IV-D agency so that the child can receive support as well as other potential benefits that flow from an established parent-child relationship.

True

Parental consent is an essential requirement of private placement adoptions.

True

Personal jurisdiction over a Defendant is not required in order for a Court to have the authority to grant a divorce.

True

Subject matter jurisdiction refers to the authority of a court to hear a particular type of dispute.

True

The concept of Legitimation occurred where parents married each other after the birth of the child.

True

The exercise of jurisdiction over the Defendant must conform to the requirements of the Due Process Clause of the Fourteenth Amendment.

True

The landmark 1968 Supreme Court case of Levy v. Louisiana held that children still have a right to recover for the death of their mother under a state's wrongful death law even if the children have an "illegitimate" status.

True

The most common method of service is personal service, usually involving a process server or sheriff deputy to serve the papers upon the other party.

True

The assignment on OCAP is meant to help students understand the complexities of trying to initiate a divorce on your own, and should underscore the importance of attorneys in the divorce process.

True! After completing the project, I should have a greater appreciation for people involved in divorce matters that have to utilize OCAP

_____________ is a geographical concept that determines the specific court in which an action must be filed.

Venue

In the colonial era, the correction/punishment of children:

Was required to stamp out the stain of sin that marked each child at birth

Our early adoption laws:

Were influenced by the practice of apprenticeship

When a Respondent (defendant) seeks to establish that the Petitioner (plaintiff) is not entitled to prevail even if his or her allegations are established, this is known as an:

Affirmative Defense

A child abuse case will be screened out when:

All of the above

Under English common law, a child of unmarried parents was considered a ____________.

All of the above

Courts may obtain personal jurisdiction over a Defendant based on:

All of the above.

The concept of in rem jurisdiction:

Allows a court to effectuate a division of property located within the state, even if it does not have personal jurisdiction over the Defendant

The tort of wrongful adoption:

Allows adoptive parents to seek monetary damages for unanticipated expenses

A state may exercise emergency jurisdiction when:

Both A and B

The most common post-trial motions are:

Both A and B.

As discussed in the book, a criticism that has been made of the home study requirement is that:

Both B and C