Family Law

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Author:
atweddell
ID:
103737
Filename:
Family Law
Updated:
2011-09-22 22:37:39
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family
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Description:
Exam 1
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  1. Covenant marriage is a type of divorce reform to make marriage more meaningful. Specifically in louisiana, arizona and wisconsin.
    True
  2. There are grounds that need to be alleged in a no-fault divorce state.
    Yes, irretrievable breakdown, conviction, 2 year insanity and impotence.
  3. Elements of common law marriage
    capacity, cohabilitation, intent, holding out as husband and wife, and together for a certain period of time
  4. Heart balm acts
    when someone breaches their promise to marry. its what determines the ring to be a conditional gift
  5. Can you marry your cousin in indiana
    second cousins and first cousins as long as your over 65 to reassure no procreation.
  6. one change in society that has impacted family law
    family dynamics; traditional v. non-traditional families
  7. difference between legal seperation and divorce
    legal seperation you re still legally married but are living seperately
  8. void marriage
    was invalid at the time of marriage, ex: mrrying a close relative
  9. voidable marriage
    one that is invalid but still remains until the court terminates it, ex:such as marrying someone who isnt of age
  10. historical grounds for divorce
    adultery, abuse and desertion
  11. 2 legal benefits of marriage
    communication privileges and health benefits
  12. There are a few circumstances where a non lawyer may represent someone in a hearing.
    True. Administrative court or immigration court
  13. paralegals may sign legal documents submitted to the court
    false
  14. when can a law firm bill a divorce on a contingent fee basis
    never for divorce. theory is it would push client to get more than whats rightfully theirs
  15. two potential punishments for paralegals facing unethical conduct
    losing their job abd may be sued civily or criminally
  16. what is padding as it refers to the law firm
    padding is when one lies about how much time it takes to complete a project and increases the amount of billable hours.
  17. what consitutes the practice of law
    giving legal advice, preparing documents, and representing someone in court
  18. what must a paralegal never do
    establish atty/client relationship, set fees and represent someone in court
  19. what are some ethical issues involving unbundled legal services
    a client may have higher expectations for the atty to do more than they were asked. another issue is that the client doesnt have the legal knowledge to complete everything which could lead to them doing more harm than good.
  20. can a paralegal relay legal advice to a client
    yes, but only if they make it clear that you are relaying exactly what the attorney said and are not giving the advice yourself and identify yourself as a paralegal.
  21. what is a release
    a document that a client signs giving permission for the atty to obtain records
  22. why is a release important
    without it information cannot be gotten
  23. techniques for developing good listening skills
    be aware of body language, use active listening
  24. what is a retainer agreement
    a contract that the client pays a certain amount of money to obtain legal services. the client should fully understand things such as fees and when payments are due
  25. what does representing a plaintiff mean?
    the plaintiff is the one who files for the divorce. you are gathering all the information from the plaintiff and filing everything
  26. what does representing a defendant mean?
    they def. is the one on the recieving end. you are getting the paperwork, responding to the complaint and often dealing with a more hostile client
  27. Indianas grounds for divorce
    irretrieveable breakdown-no fault
  28. what is the purpose of marriage
    historically reproduction, socialization, stability and emotional and financial support
  29. Marriage prohibitions
    same sex, family member
  30. void an initio
    void from the beginning
  31. marriage license
    issued by the clerk so you can get married
  32. marriage certificate
    offical document to certify marriage
  33. ways to terminate a marriage
    • divorce
    • anullment
    • legal seperating
  34. what is divorce
    complete legal severance of the marriage by the state
  35. anullment
    • determines there was no marriage
    • civil and religious annullments
    • never a valid marriage to begin with
  36. Consequences for attorneys
    • disciplinary commission
    • suspended
    • disbarred
  37. consequences for paralegals
    • may lose job
    • may be sued civily or criminally
  38. 2 exceptions to confidentiality
    • 1)client gives consent
    • 2)in order to prevent bosily harm or death
  39. Confidentialyity beyond the office
    • atty/client priviledge
    • work product doctrine
  40. purpose of confidentiality
    contributes to the trust of the relationship and lawyer needs information to represent the client effectively
  41. conflict of interest
    when an atty cannot meet standards requires by a fiduciary
  42. theory of conflict of interest
    cannot serve 2 masters
  43. conflict of interest example
    • multiple representation
    • former client, current opponent
    • sexual relations
    • money to clients
    • gifts to clients
  44. what is pro se
    representing yourself without the help of an atty
  45. what is pro hac vice
    • stands for "this one occassion"
    • where an out of state lawyer may practice law in another state for that one purpose
  46. types of family contracts
    • pre nuptial
    • annuptial
    • premarital
    • post nuptial
    • cohabitation
  47. purpose of the client interview
    • establish relationship
    • determine scope and fees
    • opportunity to meet
    • obtain info
  48. before marriage contracts
    • antenuptial
    • premarital
    • prenuptial
  49. after marriage contracts
    post nuptial
  50. never married contracts
    cohabitation agreement
  51. who are marital agreements good for
    • people who have been married more than once
    • people who have money
  52. UPAA
    • uniform premarital agreement act
    • agreement made in contemplation of marriage
  53. does indiana have the UPAA
    yes
  54. purpose of marital agreements
    • protect children of previous marriages
    • protect assets gained before and after marriage
    • establish rights and expectations of parties
  55. historial views of marriage agreements
    typically rich older man with much younger woman
  56. unenforceable provisions to UPAA
    • child custody
    • child support
    • illegal provisions
    • against public policy
  57. what is palimony
    • alimony for cohabitants
    • not allowed in Indiana
  58. state arguments for same sex marriage
    violates the rights of the constitutions
  59. Marvin v. Marvin
    • recovered enough to learn new skills to get a job
    • express contract
  60. federal arguments for same sex marriage
    • established clause for 1st amendment (supporting christianity)
    • fundamental right (loving v Virginia-marry based on race)
  61. Loving v Virginia case facts
    made it possible to marry someone of a different race
  62. What is the Full Faith and Credit Clause
    where states can make their own and regulate other state laws
  63. what is DOMA
    • Defense of Marriage Act
    • created by congress to remove the full faith and credit clause
  64. will same sex marriage ever get rights on a federal level
    no
  65. which state is the first state to recognize same sex marriage
    Mass.
  66. Legal arguments against same sex marriage
    • encouraging couple to procreate
    • instilling social values
  67. Valid marriage requirements in Indiana
    • 18 years old
    • married within 60 days of filing license

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