PLG 125 Family Law
True or False a husband and wife have a fiduciary relationship with each other?
True
True or False: A broken engagement in some states might constitute a breach of contract and fraud?
True
True or False: A conflict of interest actually potentially places a person at a disadvantage even though they are owed undivided loyalty?
True
True or False: A promise to marry is a contract?
True
True or False: If a case is uncontested a parties positions are not challenged?
True
True or False: If the other spouse is represented by an attorney all contact with that spouse must be through their attorney
True
True or False: In some states it is possible for an attorney to be charged with unethical conduct even if his or her sexual relations with a client are consensual?
True
True or False: Interrogatories are sent by parties to the other parties?
True
True or False: A state that has abolished preach of promise to marry actions will always allowed a fraud action, if the elements of fraud that can be established?
False
True or False: A stipulation is a disagreement between opposing parties about a particular matter
False
True or False: All gifts a revocable?
False
True or False: Attorneys are always vicariously liable for what their paralegals do?
False
True or False: Before marriage was legalized in every state persons in a civil union were granted every state and federal right and benefit afford by marriage?
False
True or False: Family law has not changed much because societies definition of a family has not changed?
False
True or False: General restraints on marriage are enforceable only if they serve what the court considers a useful purpose?
False
True or False: If the client consents to the attorney's conduct, the conduct can not constitute a conflict of interest?
False
True or False: In states where common law marriages are allowed such marriages can not have the same validity as ceremonial marriages?
False
True or False: Infertility can be grounds for an annulment?
False
True or False: It can not be a preach of confidentiality to reveal a non embarrassing fact about a clients case?
False
True or False: Marvin v. Marvin ruled that all premarital agreements are legal?
False
True or False: Most of family law is written by the federal government?
False
True or False: Non age exists when a person reaches the age of majority?
False
True or False: Primary authority is any non law that a court could rely on in reaching its conclusion?
False
True or False: Since a paralegal is not a member of the bar they can not cause imputed disqualification?
False
True or False: There can not be a conflict of interest if the client is not actually harmed by what the attorney does?
False
True or False: When there has been more then one marriage the most recent marriage in presumed to be invalid?
False
An attorney who accepts more cases then they can handle is likely to be charged with violating which ethical rule: A) An attorney shall provide competent representation B) An attorney's fee shall be reasonable C) An attorney shall avoid a conflict of interest D) None of the above
A
Which of the following are not primary authority: A) Legal encyclopedias B) Statues C) Court opinions D) Court rules
A
True or False: You can always assume that a client will understand you are not an attorney when you introduce yourself as a paralegal?
False
True or False: covenant marriages are no fault marriages
False
True or false all states require consideration for a valid prenuptial agreement?
False
True or false: Consanguinity is relationship by marriage?
False
True or False: Protective orders may be needed if there is a danger of violence or a change in the status of marital property such as by a spouse selling it or moving it out of state?
True
True or False: Some states will invalidate a marriage entered in their state solely to avid the marriage laws of another state?
True
Another name for a premarital agreement: A) Separation agreement B) Prenuptial agreement C) Postnuptial agreement D) Co-habitation agreement
B
Electronic Data Discovery (EDD) Involves: A) Petitions not filed in court B) Locating emails, spread sheets, texts etc.. C) Answers to discovery D) All of the above
B
In which of the following court decrees are the parties still legally married: A) Divorce B) Legal Separation C) Annulment D) None of the above
B
Which decision rules that the state could not criminalize privet same sex intimacy between consenting couples: A) Orburgafel V. Hodges B) Lawrence V. Texas C) U.S. V. Windsor D) Loving V. Virginia E) All of the above
B
Which of the following is NOT a legal capacity ground for annulment: A) pre existing marriage B) Fraud C) Physical Disability D) non age
B
Which of the following is not an intent ground for annulment? A) Sham marriage B) Consanguinity C) Duress D) Fraud
B
True or False: The violation of the technical requirements for marriage does not invalidate the marriage in most states?
True
True or False: Today children of an annulled marriage are usually considered legitimate?
True
A marriage will be considered in a domiciliary state if: A) The marriage is valid in the state where it was contracted B) Recognizing the marriage will not violate a strong public policy in the domiciliary state C) A & B
C
An attorney is liable for negligence: A) when the attorney looses the case B) when the attorney makes a mistake C) When the attorney's conduct falls below the standard of reasonable care D) All of the above
C
Federal Law: A) Has little role in family law, since family law in governed by states B) Determines when Parties can be divorced C) Has greatly influenced the law of child support
C
The courts in some states oppose the enforceability of co-habitation agreements because: A) They constitute payment for sex B) They weaken the institution of marriage C) The legislature should decide if they should be legal D) All of these choices
C
Which of the following is not a category of damages? A) Compensatory B) Punitive C) Promissory D) Litigating
C
Which of the following is an element of a contract? A) offer B) acceptance C) consideration D) all of the above
D
A legal aid office is: A) Any law office that assists clients with their legal problems B) A government office C) A corporate law office D) An office that provides free legal services tp persons who can not afford standard legal fees
D
Paralegals who violate ethical rules can be: A) Disbarred by a court B) Suspended by a court C) Both A & B D) None of the above
D
The main categories of court opinions are: A) Opinions that interpret statutes B) Statutes that interpret opinions C) Opinions that create and interpret common law D) A&C
D
The minimum age to marry may differ depending on whether: A) The parents have consented B) The female is pregnant C) A child has already been born D) All of the above
D
Under the uniform premarital agreement act parties to a premarital agreement can A) modify or eliminate support B) choose the law that will govern the agreement C) Decide any matter that does not violate public policy or criminal law D) All of these choices
D
True or False an inter vivos gift is never revocable?
False
True or False: A party to a premarital agreement can not wave full disclosure of the other party's assets and debts?
False
True or False: A premarital agreement can relieve one party of the obligation to support children from the marriage?
False
True or False: A public charge is someone with sufficient resources to support him or her self?
False
The reasonableness of a fee is determined by: A) The amount of time and labor involved B) The complexity of the matter C) The experience and repetition of the attorney D) The customary fee in that locality for that kind of case E) All of the above
E
Which of the following are elements of a common law marriage: A) Legal capacity to marry B) Intent to marry C) Co-habitation D) openness E) all of the above
E
