Exam 1

A  Drew and Alicia’s marriage is void rather than voidable.

B  Alicia will not be able to obtain an annulment because if there is a fraud, it does ​​not relate to “the essentials of marriage.”

C  Alicia may be able to obtain an annulment on the basis of a fraud that relates to ​​the “essentials of marriage.”

D  Alicia will not be able to obtain an annulment because it is her fault that she ​​didn’t know more about Drew prior to marrying him.

A  Jaclyn and Norman’s marriage is valid because they have been together for more ​​than fifty years.

B  None of the parties’ children are legitimate because their parents were not legally ​married.

C  Jaclyn and Norman’s and John and Georgina’s marriages are both valid because ​​they were entered in good faith with clean hands.

D  Both Jaclyn and Norman’s and John and Georgina’s marriages are void ab initio.

A  drafting discovery requests, if necessary

B  drafting an annulment Complaint and a supporting affidavit

C  interviewing the client so she can determine whether or not a ground for ​ annulment exists

D  gathering information and documentation essential to preparation of necessary documents, discovery requests, pleadings, and correspondence

A  The parties to the marriage were second cousins.

B  One of the parties decides after the marriage not to consummate the marriage.

C  Both of the parties were under the influence of marijuana at the time of the ​ marriage ceremony.

D  One of the parties’ was married to another individual at the time they entered their “marriage.”

A  judicial estoppel

B  compliance with state statutes

C  ratification

D  unclean hands

E  duress

A  When a marriage is annulled, the courts will not make orders for the care, ​​custody, and maintenance of the parties’ minor children because their parents ​​were never married.

B  In most states, children born to marriages that are subsequently annulled will be considered “legitimate” for most legal purposes under state law.

C  The children will be ineligible for federal dependent based benefits because their ​ ​parents were never married.

D  The children will be considered illegitimate under state law because their parents ​ ​were never legally married.

A  The general rule is that in an annulment action, the courts do not divide the ​​“marital estate” and award spousal support as they would in a “real” marriage.

B  In most states, either spouse, a parent or guardian of a child, or a conservator or ​ guardian of an adult, has standing to seek an annulment or a judicial declaration of the invalidity of a marriage.

C  Occasionally the law of a state and the facts of a particular case are such that a ​​ party may seek either a divorce or an annulment.

D  The burden of proof in an annulment action is beyond a reasonable doubt.

A  The prior spouse recently died.

B  The plaintiff has “dirty hands.”

C  laches

D  The prior marriage was not valid.

E  none of the above

A  Alimony obligations of a prior spouse are automatically revived by annulment of ​a recipient’s subsequent marriage.

B  The general rule is that property division and spousal support provisions apply ​following an annulment as they would following a divorce.

C  Most states now provide by statute that children who are born to marriages that ​​are subsequently annulled will be deemed “illegitimate” for legal purposes under ​state law.

D  none of the above

E  all of the above

A  laches

B  equitable estoppel

C  unclean hands

D  consummation of the marriage

A  an undisclosed intention not to consummate the marriage

B  misrepresentation of one’s financial circumstances

C  a woman’s concealment of her pregnancy by another man

D  ​a fraud relating to one’s ability or desire to have children

A  duress

B  nonage

C  affinity

D  consanguinity

A  the marriage of first cousins in all fifty states

B  the marriage of a 16 year old and a 19 year old without parental or judicial consent

C  the marriage of a person who both parties know is still married to another person

D  the marriage of two siblings

E  all of the above are examples of void marriages

A  A divorce declares the marriage to be void ab initio.

B  Upon divorce, property acquired during the marriage is divided between the parties based on principles of equitable division or community property rights.

C  Spousal support may be awarded to one of the parties based on need and the other party’s ability to pay.

D  A divorce severs a marriage the parties acknowledge exists.

A  common law marriage.

B  putative marriage.

C  ceremonial marriage.

D  covenant marriage.

A  Civil unions generally afford same-sex couples fewer rights than do domestic ​​partnerships.

B  When a man and woman live together as if they are husband and wife for a period ​​of seven years, they are considered to be common law married in all states and are ​​entitled to all spousal rights allowed under state and federal law.

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

A  They do not have a valid traditional/ceremonial marriage because they never ​​consummated the marriage after the ceremony.

B  They do not have a valid common law marriage because they never held ​​themselves out to others as husband and wife.

C  Geri and Rob are common law spouses because they intended to be married ​​and live in a state that recognizes common law marriage.

D  They have a valid traditional/ceremonial marriage.

A  It threatens the institution of marriage as the basic building block of society.

B  Heterosexual couples make better parents than same sex couples.

C  Procreation is the primary purpose of marriage.

D  ​It is cost-effective.

E  None of the above

F  All of the above

A  Provided any necessary conditions are met, spouses are entitled to receive certain ​ governmental benefits (such as social security and veterans’ benefits) after the death of a wage earner/veteran spouse.

B  Absent an agreement to the contrary, parties to a valid marriage generally acquire ​​an interest in all “marital property” acquired by the spouses during the marriage.

C  Absent an enforceable agreement to the contrary, each spouse is entitled to inherit ​ from the other spouse under applicable state laws.

D  Each spouse is entitled to receive support from (and has a duty to provide support ​​to) the other spouse.

E  None of the above

F  All of the above

A  are no longer valid in any state.

B  can be established in a majority of states.

C  can be established in a minority of states.

D  can be established in all of the southern states.

A  affinity

B  consortium

C  consanguinity

D  fraud

A  The parties must obtain a marriage license.

B  Witnesses must be present at the marriage ceremony.

C  The ceremony must be performed by a person licensed by state law.

D  There must be a mention of a supreme being (God) in the ceremony.

A  requiring the parties to apply for a marriage license

B  requiring the parties to be above a certain age

C  requiring that the parties not be too closely related by blood

D  requiring that the parties have the mental capacity to marry, to understand the ​​nature of marriage and the accompanying rights and responsibilities

A  requiring the parties to take a blood test

B  requiring a person to only marry another individual of the same faith

C  setting a minimum age under which individuals may not marry or may not marry ​ ​without parental consent

D  All of the above are unreasonable restrictions on the right to marry.

A  anti-heart balm laws

B  anti-miscegenation laws

C  tort laws

D  alienation of affection laws

A  a common law spouse

B  ​a putative spouse

C  a partner in a covenant marriage

D  ​a partner in a ceremonial marriage

A  schedule further meetings and maintain communication with the client

B  draft an Affidavit of Competency

C  help the client and the attorney gather necessary information and documents

D  establish the fee for preparation of the agreement and draft the fee agreement

E  attend and take notes at the initial meeting with Mr. Swift

A  Marvin v. Marvin

B  Simeone v. Simeone

C  Posner v. Posner

D  none of the above

A  the court will divide the parties’ property based on their respective incomes.

B  the judge will automatically divide the parties’ property equally.

C  the judge is free to award or not award alimony and to divide marital property as ​​he or she sees fit.

D  the judge may award alimony and divide marital property based on governing ​​statutes and case law as applied to the facts of the case.

A  the agreement may be modified, amended, or rescinded at any time based on a ​ ​mutual agreement of the parties.

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

C  the agreement binds the parties to its terms but does not bind their respective heirs ​ ​and assigns.

D  the agreement contains the parties’ entire agreement.

A  an agreement that one of the parties’ children by a prior marriage will not be ​ ​permitted to live with the parties post marriage

B  an agreement to raise any child of the marriage in a particular religious faith

C  an agreement to engage in an insurance fraud scheme

D  an agreement to perform specific sexual acts on an established schedule

E  none of the above

F  all of the above

A  Each party had a sufficient opportunity to consult with counsel.

B  The parties entered the agreement freely and voluntarily.

C  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.

D  None of the above.

E  All of the above.

A  substantive fairness.

B  traditional fairness.

C  contractual fairness.

D  procedural fairness.

A  basic requirements applicable to all contracts

B  substantive fairness

C  procedural fairness

D  all of the above

A  cohabitation agreement

B  postmarital agreement

C  separation agreements

D  none of the above

A  an agreement to engage in sexual relations a minimum of three times a week

B  an agreement regarding responsibility for payment of household expenses

C  an agreement not to smoke in the parties’ residence

D  an agreement not to have pets

A  durable powers of attorney

B  insurance policies

C  health care proxies

D  ownership of property as joint tenants with a right of survivorship

E  None of the above will provides protection because the partners must be married ​​to execute such documents.

F  all of the above.

A  There is a presumption of paternity when a child is born to a female partner in a ​​cohabiting couple.

B  Absent a contractual agreement to the contrary, a cohabiting partner will not be ordered to pay support to the other partner.

C  Parties may freely choose to cohabit without satisfying any formal requirements.

D  Division of property may be based on an agreement of the parties.

A  Fees and costs are a major source of malpractice actions and tension between ​​attorneys and clients in family law cases.

B  The splitting of fees between attorneys is permitted in some circumstances.

C  Contingent fees based on results obtained are very common in family law cases.

D  A developing trend in family law cases is towards unbundling legal services.

A  a legal dictionary

B  a form book

C  court rules

D  the state’s statutory code

A  It was unethical for Dawne to quote a fee to the client.

B  It was unethical for Dawne to gather and record basic contact information about ​​the client.

C  It was unethical for Dawne to participate in an interview and she should have ​cancelled the appointment.

D  It was unethical for Dawne to provide the client with copies of documents and ​forms available in the firm’s reception area.

E  None of the above involves unethical conduct on Dawne’s part.

F  All of the above are examples of unethical conduct on Dawne’s part.

A  Even with no-fault divorce, the courts in all states still pay maximum attention to ​marital fault so Ann Marie should receive all of the parties’ marital property.

B  Because he is the man and viewed as the breadwinner in the family, Mark will be ​ordered by the court to pay alimony.

C  Ann Marie is correct in assuming that she will be granted custody since she is the ​children’s mother.

D  None of the above statements are accurate.

E  All of the above statements are accurate.

A  The client brings a parent with them to a meeting with the paralegal for “moral ​support” and the paralegal discusses the case with the client’s consent.

B  The paralegal shows one client’s financial statement to another client to illustrate ​how the form should be completed.

C  The paralegal discusses the client’s case with his or her supervising attorney in a ​​crowded public restaurant.

D  The paralegal privately discusses a client’s troubling case with a parent or spouse ​during breakfast at home.

A  buying home insurance from a client’s father

B  dating a client

C  borrowing money from a client

D  working on a child support case for male client when the paralegal previously ​worked for an attorney representing the man’s ex-wife in their divorce

A  Attorneys can only charge for the legal services they personally provide and ​​cannot charge clients for services performed b because they are not ​​attorneys.

B  Fees for paralegal services are routinely set at the same rate as the supervising ​attorney.

C  Attorneys can split legal fees with paralegals.

D  Paralegals are required to keep track of the time they spend working on individual ​client files as there must be documentation of the time they spend on ​​each case.

A  identify the nature of the client’s need for services.

B  draft any pleadings that may be required.

C  discuss the proposed scope of representation and potential fees, costs, and ​​payment terms.

D  identify any urgent deadlines or emergency situations needing immediate ​​attention.

A  be paid a reasonable fee for services and receive bonuses not tied to a specific ​​case

B  assist and represent clients at administrative hearings (e.g. Veterans’ ​​​​Administration or workman’s compensation boards)

C  provide constructive legal advice to a client

D  prepare interview summaries

E  draft letters of engagement or nonengagement

A  It identifies the costs for which the client will be responsible.

B  none of these

C  It is executed by the client and the attorney at the outset of the representation.

D  It is written in plain language rather than legalese.

E  It identifies the circumstances under which the attorney may terminate the ​​representation.

F  all of these

A  represent a client before a divorce court

B  draft discovery requests

C  conduct or participate in client interviews

D  assist with preparation of trial materials

A  draft motions for temporary orders and other forms of relief

B  decide whether or not to accept a case

C  sign a pleading

D  establish a fee

A  all of these

B  the style and expectations of the supervising attorney

C  the scope of the practice

D  the size of the law practice

A  does not deal with premarital agreements because they are contracts and best left to attorneys who specialize in contract law.

B  does not handle adoptions because they are too complex and specialized.

C  primarily focuses on issues related to the formation, continuation, and dissolution of marriages and other “family” relationships.

D  focuses largely on divorce and therefore does not address matters relating to same-sex couples.

A  a trend towards gender neutrality in several family law areas such as child custody and spousal support

B  an increased emphasis on alternative dispute resolution

C  a decrease in federal regulation of family law and policy

D  a decreased emphasis on fault as a basis for divorce