Navigation » List of Schools » West Los Angeles College » Paralegal » Paralegal 018 – Family Law » Fall 2019 » Exam 1
Below are the questions for the exam with the choices of answers:
Question #1
A Drew and Alicia’s marriage is void rather than voidable.
B Alicia may be able to obtain an annulment on the basis of a fraud that relates to the “essentials of marriage.”
C 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.
D Alicia will not be able to obtain an annulment because if there is a fraud, it does not relate to “the essentials of marriage.”
Question #2
A Both Jaclyn and Norman’s and John and Georgina’s marriages are void ab initio.
B Jaclyn and Norman’s marriage is valid because they have been together for more than fifty years.
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 None of the parties’ children are legitimate because their parents were not legally married.
Question #3
A interviewing the client so she can determine whether or not a ground for annulment exists
B drafting an annulment Complaint and a supporting affidavit
C gathering information and documentation essential to preparation of necessary documents, discovery requests, pleadings, and correspondence
D drafting discovery requests, if necessary
Question #4
A One of the parties’ was married to another individual at the time they entered their “marriage.”
B Both of the parties were under the influence of marijuana at the time of the marriage ceremony.
C The parties to the marriage were second cousins.
D One of the parties decides after the marriage not to consummate the marriage.
Question #5
A duress
B compliance with state statutes
C judicial estoppel
D unclean hands
E ratification
Question #6
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 The children will be ineligible for federal dependent based benefits because their parents were never married.
C The children will be considered illegitimate under state law because their parents were never legally married.
D In most states, children born to marriages that are subsequently annulled will be considered “legitimate” for most legal purposes under state law.
Question #7
A 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.
B 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.
C 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.
D The burden of proof in an annulment action is beyond a reasonable doubt.
Question #8
A The prior spouse recently died.
B The prior marriage was not valid.
C laches
D The plaintiff has “dirty hands.”
E none of the above
Question #9
A The general rule is that property division and spousal support provisions apply following an annulment as they would following a divorce.
B 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.
C Alimony obligations of a prior spouse are automatically revived by annulment of a recipient’s subsequent marriage.
D none of the above
E all of the above
Question #10
A equitable estoppel
B consummation of the marriage
C laches
D unclean hands
Question #11
A a woman’s concealment of her pregnancy by another man
B misrepresentation of one’s financial circumstances
C a fraud relating to one’s ability or desire to have children
D an undisclosed intention not to consummate the marriage
Question #12
A duress
B affinity
C nonage
D consanguinity
Question #13
A the marriage of a person who both parties know is still married to another person
B the marriage of a 16 year old and a 19 year old without parental or judicial consent
C the marriage of first cousins in all fifty states
D the marriage of two siblings
E all of the above are examples of void marriages
Question #14
A A divorce severs a marriage the parties acknowledge exists.
B Spousal support may be awarded to one of the parties based on need and the other party’s ability to pay.
C Upon divorce, property acquired during the marriage is divided between the parties based on principles of equitable division or community property rights.
D A divorce declares the marriage to be void ab initio.
Question #15
A putative marriage.
B ceremonial marriage.
C common law marriage.
D covenant marriage.
Question #16
A According to the United States General Accounting Office, there are more than 1,000 rights and duties that flow from a valid marriage.
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 Civil unions generally afford same-sex couples fewer rights than do domestic partnerships.
Question #17
A They do not have a valid traditional/ceremonial marriage because they never consummated the marriage after the ceremony.
B They have a valid traditional/ceremonial marriage.
C They do not have a valid common law marriage because they never held themselves out to others as husband and wife.
D Geri and Rob are common law spouses because they intended to be married and live in a state that recognizes common law marriage.
Question #18
A Procreation is the primary purpose of marriage.
B Heterosexual couples make better parents than same sex couples.
C It is cost-effective.
D It threatens the institution of marriage as the basic building block of society.
E None of the above
F All of the above
Question #19
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 Each spouse is entitled to receive support from (and has a duty to provide support to) the other spouse.
D Absent an enforceable agreement to the contrary, each spouse is entitled to inherit from the other spouse under applicable state laws.
E None of the above
F All of the above
Question #20
A are no longer valid in any state.
B can be established in a majority of states.
C can be established in all of the southern states.
D can be established in a minority of states.
Question #21
A consanguinity
B fraud
C affinity
D consortium
Question #22
A The parties must obtain a marriage license.
B There must be a mention of a supreme being (God) in the ceremony.
C The ceremony must be performed by a person licensed by state law.
D Witnesses must be present at the marriage ceremony.
Question #23
A requiring the parties to apply for a marriage license
B requiring that the parties not be too closely related by blood
C requiring that the parties have the mental capacity to marry, to understand the nature of marriage and the accompanying rights and responsibilities
D requiring the parties to be above a certain age
Question #24
A requiring the parties to take a blood test
B setting a minimum age under which individuals may not marry or may not marry without parental consent
C requiring a person to only marry another individual of the same faith
D All of the above are unreasonable restrictions on the right to marry.
Question #25
A alienation of affection laws
B anti-heart balm laws
C tort laws
D anti-miscegenation laws
Question #26
A a partner in a ceremonial marriage
B a putative spouse
C a common law spouse
D a partner in a covenant marriage
Question #27
A schedule further meetings and maintain communication with the client
B help the client and the attorney gather necessary information and documents
C attend and take notes at the initial meeting with Mr. Swift
D establish the fee for preparation of the agreement and draft the fee agreement
E draft an Affidavit of Competency
Question #28
A Marvin v. Marvin
B Simeone v. Simeone
C Posner v. Posner
D none of the above
Question #29
A the court will divide the parties’ property based on their respective incomes.
B the judge may award alimony and divide marital property based on governing statutes and case law as applied to the facts of the case.
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 will automatically divide the parties’ property equally.
Question #30
A the agreement contains the parties’ entire agreement.
B the agreement may be modified, amended, or rescinded at any time based on a mutual agreement of the parties.
C if any provision of the agreement is held illegal or invalid, the remaining provisions will continue to be of full force and effect.
D the agreement binds the parties to its terms but does not bind their respective heirs and assigns.
Question #31
A an agreement to raise any child of the marriage in a particular religious faith
B an agreement to perform specific sexual acts on an established schedule
C an agreement that one of the parties’ children by a prior marriage will not be permitted to live with the parties post marriage
D an agreement to engage in an insurance fraud scheme
E none of the above
F all of the above
Question #32
A 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.
B The parties entered the agreement freely and voluntarily.
C Each party had a sufficient opportunity to consult with counsel.
D None of the above.
E All of the above.
Question #33
A traditional fairness.
B contractual fairness.
C procedural fairness.
D substantive fairness.
Question #34
A basic requirements applicable to all contracts
B substantive fairness
C procedural fairness
D all of the above
Question #35
A separation agreements
B cohabitation agreement
C postmarital agreement
D none of the above
Question #36
A an agreement regarding responsibility for payment of household expenses
B an agreement not to smoke in the parties’ residence
C an agreement to engage in sexual relations a minimum of three times a week
D an agreement not to have pets
Question #37
A durable powers of attorney
B ownership of property as joint tenants with a right of survivorship
C insurance policies
D health care proxies
E None of the above will provides protection because the partners must be married to execute such documents.
F all of the above.
Question #38
A Division of property may be based on an agreement of the parties.
B Absent a contractual agreement to the contrary, a cohabiting partner will not be ordered to pay support to the other partner.
C There is a presumption of paternity when a child is born to a female partner in a cohabiting couple.
D Parties may freely choose to cohabit without satisfying any formal requirements.
Question #39
A The splitting of fees between attorneys is permitted in some circumstances.
B A developing trend in family law cases is towards unbundling legal services.
C Contingent fees based on results obtained are very common in family law cases.
D Fees and costs are a major source of malpractice actions and tension between attorneys and clients in family law cases.
Question #40
A court rules
B the state’s statutory code
C a form book
D a legal dictionary
Question #41
A It was unethical for Dawne to provide the client with copies of documents and forms available in the firm’s reception area.
B It was unethical for Dawne to gather and record basic contact information about the client.
C It was unethical for Dawne to quote a fee to the client.
D It was unethical for Dawne to participate in an interview and she should have cancelled the appointment.
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.
Question #42
A Because he is the man and viewed as the breadwinner in the family, Mark will be ordered by the court to pay alimony.
B 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.
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.
Question #43
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 discusses the client’s case with his or her supervising attorney in a crowded public restaurant.
C The paralegal shows one client’s financial statement to another client to illustrate how the form should be completed.
D The paralegal privately discusses a client’s troubling case with a parent or spouse during breakfast at home.
Question #44
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
Question #45
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 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.
D Attorneys can split legal fees with paralegals.
Question #46
A draft any pleadings that may be required.
B identify any urgent deadlines or emergency situations needing immediate attention.
C identify the nature of the client’s need for services.
D discuss the proposed scope of representation and potential fees, costs, and payment terms.
Question #47
A prepare interview summaries
B draft letters of engagement or nonengagement
C assist and represent clients at administrative hearings (e.g. Veterans’ Administration or workman’s compensation boards)
D provide constructive legal advice to a client
E be paid a reasonable fee for services and receive bonuses not tied to a specific case
Question #48
A It is executed by the client and the attorney at the outset of the representation.
B It identifies the costs for which the client will be responsible.
C all of these
D It identifies the circumstances under which the attorney may terminate the representation.
E It is written in plain language rather than legalese.
F none of these
Question #49
A conduct or participate in client interviews
B draft discovery requests
C assist with preparation of trial materials
D represent a client before a divorce court
Question #50
A sign a pleading
B establish a fee
C decide whether or not to accept a case
D draft motions for temporary orders and other forms of relief
Question #51
A the size of the law practice
B all of these
C the style and expectations of the supervising attorney
D the scope of the practice
Question #52
A primarily focuses on issues related to the formation, continuation, and dissolution of marriages and other “family” relationships.
B focuses largely on divorce and therefore does not address matters relating to same-sex couples.
C does not deal with premarital agreements because they are contracts and best left to attorneys who specialize in contract law.
D does not handle adoptions because they are too complex and specialized.
Question #53
A a decreased emphasis on fault as a basis for divorce
B an increased emphasis on alternative dispute resolution
C a decrease in federal regulation of family law and policy
D a trend towards gender neutrality in several family law areas such as child custody and spousal support