Week 6

Joe Jones entered into a written contract with Smith Department Store to buy a television for $350. Ten other stores in the area are selling the identical television for $400. Joe attempted to give Smith Department Store the $350, but it refused to go through with the contract. Joe sued Smith Department Store for breach of contract in a court that hears both equity and common law cases. Joe will be awarded. $350 $400 $50 specific performance

$50

What does the recognition of a valid marriage by a state usually require? Proof the couple is not closely related A civil or religious solemnization ceremony Proof of citizenship Medical tests

A civil or religious solemnization ceremony

Two neighboring families, the As and the Bs, wish to enlarge their garages. Because of a surveying mistake, both believe that they are the rightful owners of a 3-foot strip of land that runs along the border of their properties. Each family wants the land for its own garage. The As decide to take the case to court. What would be the proper remedy? A temporary restraining order to prevent any action until all the facts in the case are heard. Punitive damages to punish the Bs for trying to build on the land. A declaratory judgment to determine who owns the land. A permanent prohibitory injunction to prevent the Bs from building on the land

A permanent prohibitory injunction to prevent the Bs from building on the land

How are equitable maxims used? In addition to common law As decision-making guides To determine liquidated damages In lieu of statutory damages

As decision-making guides

While camping with the family, Shannon was severely burned by ignited gasoline. Her father was pumping the fuel tank on his Coleman stove when a stream of fuel, without warning, ejected through the filler cap, crossed the campfire, ignited, and landed on Shannon, some 10 to 12 feet away. At trial, experts testified that the design of a gas tank using a cap with a vent hole used by Coleman was defective with respect to safety and that there were alternative cap designs that Coleman could have utilized to accomplish ventilation of the tank without the cap having any of the vent-hole characteristics. Furthermore, despite Coleman's knowledge of the possibility of fuel spraying through the vent hole of the filter cap, no warnings were on the product to advise users not to open the cap except when the tank was level and not near a flame. Which of the following statements is true?

Because Coleman was negligent, Shannon may recover punitive damages. Shannon cannot recover punitive damages because her cause of action is in tort and punitive damages are only awarded for breach of contract. Because Coleman was negligent, Shannon may recover exemplary damages If Coleman's failure to warn was considered to be aggravated, wanton, reckless, malicious or oppressive, then Shannon could recover punitive, or exemplary, damages. ANSWER: If Coleman's failure to warn was considered to be aggravated, wanton, reckless, malicious or oppressive, then Shannon could recover punitive, or exemplary, damages.

What factors are necessary to establish a common law marriage? Being of age, having a joint checking account, and joint bills Being of age, living together as a couple, and presenting themselves to the world as being married Living together, jointly owning property, and having a child Exchanging vows, joint ownership of property, and having a child

Being of age, living together as a couple, and presenting themselves to the world as being married

Plaintiff alleged that the attendance policy at her school was unreasonable and that, notwithstanding her unexcused absences, she was wrongfully denied a diploma. If it is established at trial that the plaintiff frequently forged excuse notes and tried to deceive the school, then equitable relief may be denied on the basis of Laches Unjust enrichment Equity's clean hands doctrine The avoidable harm doctrine

Equity's clean hands doctrine

T/F A legal separation is legally the same as an annulment

False

T/F An injured party has no obligation to minimize damages.

False

T/F In America, the availability of equitable remedies is a matter for the jury.

False

T/F In the United States, there is a single universally accepted legal definition of a family.

False

T/F Mental anguish and pain and suffering are examples of specific damages.

False

T/F The eligibility requirements for marriage are the same from state to state.

False

T/F When a court awards a declaratory judgment, it orders a party to refrain from doing some specific activity.

False

T/F In community property states, all property acquired during a marriage is considered property of both spouses.

False

Which of the following factors should not be considered by a judge in making a determination as to which parent in a divorce should have custody of their child? Gender Parental misconduct Employment stability Parental ability to provide for the child's needs

Gender

Which of the following is true about a parents' legal obligation to support a child? It depends on the child's needs and the parents' financial conditions. It ends when a child reaches the age of majority. It ends on the dissolution of the marriage for the noncustodial parent. It typically does not include paying for the child's college education

It depends on the child's needs and the parents' financial conditions.

Which of the following is true of foster care? It is primarily regulated by federal law. It strives to sever parental ties and find appropriate substitute (adoptive) parents for neglected and abandoned children. It is mandated by law prior to an effective adoption by prospective parents It is designed to provide temporary care for children.

It is designed to provide temporary care for children.

What is restitution designed to do?

It prevents unjust enrichment.

When married people decide to live apart to try to work out their differences, they might get what? Legal separation Annulment Divorce Dissolution

Legal separation

Carl contracts to sell his house and lot to Winifred for $30,000. The terms of the contract call for Winifred to pay 5 percent of the purchase price as a deposit toward the purchase price, or a down payment. The terms further stipulate that should the buyer breach the contract, Carl will retain the money as damages. What type of damages does this agreement exemplify? Nominal Compensatory Punitive Liquidated

Liquidated

In which of the following situations has the U.S. Supreme Court ruled that states may not prohibit marriages? Marriages involving persons who are already married Marriages between persons of different races Marriages between minors Marriages between persons of the same gender

Marriages between persons of different races

With respect to decision making within traditional families, which of the following statements is false? A husband may not veto a decision by his wife to obtain an abortion in early pregnancy. Spouses may not be compelled to testify against his or her spouse about confidential communications that transpired during the marriage in a criminal trial. Married women's property requires the signature of a woman's husband before real property may be transferred, even if it is owned solely by the wife. A married woman has the right to retain her own surname.

Married women's property requires the signature of a woman's husband before real property may be transferred, even if it is owned solely by the wife.

Which of the following is not generally included in marriage eligibility requirements? Maximum age thresholds Competency Monogamy Prohibitions on marriage between close relatives

Maximum age thresholds

If a woman made homemaking her career with the expectation that her husband would take care of her, what should she request? Permanent alimony Bifurcation Rehabilitative alimony Modification alimony

Permanent alimony

An injunction that requires a court, before issuing it, to consider the likelihood of success on the merits and the possibility of irreparable harm if it is not issued is known as a

Preliminary injunction

What do plaintiffs suing for ejectment typically seek? Access to documents wrongly possessed by the defendant. Return of goods wrongly taken by the defendant. Regain of possession to property wrongly taken by the defendant. Relief from contact obligations wrongly imposed by the defendant.

Regain of possession to property wrongly taken by the defendant.

Jeff moved to a new city and purchased a house. A few weeks after he moved into his new home, he learned that it had been the scene of a gruesome murder and that local legend considered it haunted. As these facts adversely affected the potential resale price of the house, he wishes to avoid his obligation under the contract based on fraudulent misrepresentation. What remedy would he be seeking if he wanted to set aside the contract for the sale of the house and recoup his purchase price? Injunctive relief Liquidated damages Specific performance Rescission

Rescission

Archie Sparrow, a cowboy experienced in training horses, met a rancher and fellow rodeo rider, Chip Morris, at a rodeo in Florida. After comparing notes on various rodeos, Morris offered Sparrow a job for 16 weeks working on Morris's ranch in Arkansas. Sparrow accepted, and as compensation, Morris agreed to give Sparrow $400 and a brown horse named Kerro. When Sparrow first came to Morris's ranch, Kerro was practically unbroken. However, Sparrow worked with the horse during his spare time, and by the time the 16 weeks were up, Kerro was well on his way to becoming a first-class riding horse. Morris returned at the end of the 16 weeks and gave Sparrow a check for $400, but refused to deliver the horse. Sparrow wants the horse. What remedy will he be seeking in court? Injunctive relief Specific performance Restitution Rescission

Restitution

In what circumstance will a court generally grant an increase in alimony payments to a payee? The payee suffers health issues. The payor wins a big lottery prize. The payor retires. The payee remarries a person who has no ability to earn income.

The payor wins a big lottery prize.

Andrea Moorehead was abandoned by her birth mother, a crack-cocaine user who had tested positive for venereal disease, shortly after birth. Andrea was placed with foster parents when she was nine days old. The foster parents, Melva and Robert Dearth, sought to adopt Andrea when she was 10 months old. The Dearths are white and Andrea is black. They live in an interracial neighborhood, they attend an interracial church, and their two children attend an interracial school. They have a stable marriage and financial standing. Which of the following factors may NOT be considered in determining whether the Dearths may adopt Andrea? Their age The stability of their marriage Their race Their religious views

Their race

Under what circumstance does a court have jurisdiction to grant a divorce? Either party requests the court to take the case. One party has recently moved to the state. A child is attending school in the state. There is in personam jurisdiction over the person required to make alimony or child support payments.

There is in personam jurisdiction over the person required to make alimony or child support payments.

Specific performance is appropriate when A plaintiff wants the contract to be specifically performed. There is no adequate remedy at common law. The amount of monetary damages is in question. The defendant can't afford monetary damages.

There is no adequate remedy at common law.

What do common law remedies do that are different than equitable remedies? They are the award of money damages. They require a sentence to a penal institution. They are only awarded when the conscience of the court is shocked. They require a party to take or refrain from taking some action.

They are the award of money damages.

What recourse do parents have if children perpetually fail to obey them? They can request a dissolution. They can request child protective services remove the child from the home. They can institute a CHINS proceeding. They can sue the child.

They can institute a CHINS proceeding.

What do preferred-custody statutes do? They prohibit the future modification of the original custody decision. They mandate joint custody as a matter of law. They establish guidelines for the judge to use in determining what custody arrangement would be in the best interest of the child. They codify the tender years doctrine.

They establish guidelines for the judge to use in determining what custody arrangement would be in the best interest of the child.

T/F Although property divisions can be decided by a judge, they are often negotiated by the divorcing parties before court proceedings begin.

True

T/F Common reasons for annulment include bigamy, incest, fraud, and religious concerns.

True

T/F In states with equitable property distribution, property is categorized as marital or separate property.

True

T/F It is permissible for states to enact laws that require stepparents and/or grandparents to provide child support if parents are unable to fulfill court-ordered support obligations.

True

T/F Many states require spouses to be legally separated for a period of time before a divorce is granted.

True

T/F Many states statutorily require adult children to provide financial support for their parents if the parents are unable to support themselves.

True

T/F Property received as a gift or inheritance is considered separate property for property division purposes.

True

T/F The states can initiate legal proceedings to involuntarily terminate the parental rights of birth parents who have abandoned their child.

True

T/F A temporary restraining order is an example of an ex parte injunction.

True

T/F All states now have some form of no-fault divorce

True

T/F An ex parte injunction is granted without prior notice to the enjoined party.

True

T/F Ejectment is used to recover possession of land and damages for the unlawful retention of possession.

True

T/F Equity regards substance rather than form.

True

T/F Generally, states require that people marry voluntarily, and jointly apply for a license.

True

T/F Government has a legitimate right to prevent maltreatment and abuse of family members.

True

T/F In order for a court to grant specific performance, the plaintiff must have met a condition precedent.

True

T/F In some states adoption records are closed meaning adopted children do not have legal rights to identify their birth parents.

True

T/F Injunctions are usually not proper in defamation cases because they would be considered prior restraint.

True

T/F Punitive damages are generally not awarded in negligence cases.

True

T/F Restitution involves restoring a person to a previous position to prevent unjust enrichment.

True

T/F Some states have enacted laws that express a preference that adoptive parents must be of the same religion as the adoptee or birth parents.

True

T/F Something is unconscionable when it "shocks the conscience of the court."

True

T/F Today a pregnant woman has the right to unilaterally decide to have an abortion early in her pregnancy even if the person who would become the child's father objects.

True