Family Law Midterm

Marie is interviewing for a paralegal position in a family law firm she is concerned that she does not have very strong computer skills and may not do well on the job. She will likely need to be able to do all but which of the following

She will not be required to prepare time sheets because the related records are considered to cumbersome to maintain.

all 51 states have adopted the uniform premarital agreement UPAA

false

approx. 50% of cohabiters say they plan to marry their partners

false

Bruce and Trish lived together for twenty years in Trish's house before their relationship terminated. Bruce remodeled painted and reroofed the house...

implied-in-law/ quasi contract

cost effective and useful tool for gathering information that will generate other disc. requests even though it does not provide any opportunity for the requesting party to assess the respondents credibility and demeanor as a witness

interrogatories

Discovery is usually used in family law cases to see information relating to

none of the above.

Which of the following is true regarding the effect of an annulment

none of the above.

In which of the following discovery methods is response time most critical given the consequences of a failure to comply

request for admissions

Which of the following statements is true about the rights and benefits that flow from a valid marriage and alternative relationships

According to the United States General Accounting Office, there are more than 1,000 rights and duties that flow from a valid marriage.

In bowers v. hardwick, the U.S Supreme Court struck down the Texas law against sodomy based on violation of substantive due process under the Fourteenth Amendment of the U.S Constitution.

False

Misstatements on an application for a marriage license automatically provides a basis for annulment

False

Under the common law tradition in states such as Idaho, Texas, and Wisconsin, a wife's personal property became her husband's

False

when performing legal research, it is best that a paralegal avoid legal authority that may contradict their clients position

False

Consummation is required to make a marriage complete

False.

Jean is getting a divorce from Matty and is really overwhelmed by all the paperwork, especially the financial statement her lawyer says she has to complete her lawyer is most likely to tell her which of the following?

She has to sign her financial statement and it is to be signed under pain and penalty of perjury.

a severability provision provides

If any provision of the agreement is held to be illegal or invalid, the remaining provisions will continue to be of full force and effect.

Harv and Jack which of the following statements is true with respect to their relationship

In a state that permits adult adoption, Jack could adopt Harv.

Which of the following statements is true with respect to motions for temporary orders?

In some jurisdictions requests for temporary orders may be included in the initial complaint or in the defendants answer

Jones and his attorney have been trying for months to get his wife to respond to his discovery requests so that their divorce can move forward. Her failures to respond have become very costly. His attorney is likely to recommend all But which of the following

Jones should file a motion for contempt of court.

In which of the following cases did the court hold that when the facts warrant it, the courts should fashion appropriate equitable remedies for cohabitants to avoid hardship or injustice

Marvin v. Marvin

A marriage may be voidable rather than void in all BUT which one of the following situations

One of the parties never obtained a divorce from a prior spouse who is still living.

Which of the following statements is NOT true regarding financial statements?

The specific format of financial statements is the same from state to state.

Which of the following is an example of the substantive fairness of a premarital agreement

The terms of the agreement relating to property division were fair at the time of execution and at the time of performance of the agreement.

Florida has no specific laws establishing grounds for annulling a voidable marriage

True

If one of the parties to a divorce discovers that the other party defrauded them during the divorce process by concealing substantial assets that would have led to a different outcome, the innocent party may file

a motion for relief of judgement

One of the primary purposes of the federal Defense of Marriage Act is to

allow the individual states to decide whether or not to recognize same sex marriage.

Exhibit 1.1 Paralegal Job Description on page 6 describes the role of an entry level family law paralegal

false

a restriction on the marriage of persons who are closely related by marrige involves an issue of

consanguinity