Family Law Final Exam

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Family Law Final Exam
2011-12-12 12:35:06

Family law exam over ch.1-15
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  1. A divorce pleading does not always need to contain a prayer for relief
    false, it does
  2. if a court lacks subject matter jurisdiction, any judgment is void
  3. in a no fault divorce state, the body of the pleading need not state grounds for divorce
  4. the fastest you can get divorced in indiana in 60 days
  5. the court may not order parties to participate in ADR
    false, they can order certian types of ADR
  6. "provisional" is another term for pendente lite
  7. divorce arbitration is a popular form of ADR in Indiana
  8. a nonparty witness must be subpoenaed to come to a deposition
  9. there will be no hearing if one party to a divorce defaults
    false, there is always a hearing
  10. indiana requires the parties requesting or responding to discovery to provide a hard copy and an electronic copy of the request/response
  11. a party may object to an interrogatory that seeks information that is irrelevant
  12. in indiana, if a party does not comply with a discovery rewuest the opposing party should first file a motion to compel discovery or a contempt action
    false, they must attempt to contact them and work it out first
  13. all mediators in the state of indiana must be licensed attorneys
    false, they can be, but also can just have a BA
  14. a parenting coordinator will try and reduce and resolve conflicts over parenting
  15. what are the residency requirement in indiana to be able to file for divorce
    • state is 6 months
    • county is 3 months
  16. what does it mean to say that a petition is verified
    the truth and accuracy of all the accusations have been comfirmed
  17. what does indiana call the document used to file for a divorce
    petition for dissolution of marriage
  18. parties in a divorce
    • petition (one who is filing)
    • respondent (one is action is brought against)
  19. types of pendente lite motions in indiana
    • temporary maintenance,
    • temporary child support and custody,
    • temp protective order,
    • temp possession of property and counseling
  20. why is it a good idea to fight for pendente lite custody if you want permanent custody
    the court looks at stability and the childs best interest. if the child is placed with you at first it is unlikely that the court will remove the child
  21. how is a request for admission different than other discovery devices
    it does more establishing of the facts instead of discoverying them and is self-executing
  22. one situation in family law when discovery is used
    deciding and dividing the assets
  23. when can a mediator impose their decision on the parties of a divorce
    never, they are only there to help the parties themselves reach a decision
  24. 2 potential benefits of ADR
    cut costs and possibly a win-win situation
  25. what is shuttle mediation
    when the parties are seperated and the mediator goes back and forth between them to help them reach a decision. often used in domestic violence cases
  26. in indiana when will a final hearing in a divorce have a jury
    never, a bench trial is always used
  27. explain the concept of collaborative divorce
    attorneys work together to reach a decision and the parties agree not to litigate. if a decision cannot be reached then the parties must find new counsel
  28. parts of a petition
    caption, parties, state, court, title, grounds, prayer for relief, subscription and verification
  29. what is the history of marriage/family
    reproduction, stability, financial and emotional support, socialization
  30. 3 historical grounds for divorce
    adultery, abuse , desertion
  31. indianas grounds for divorce
    insanity for 2 years, irretrievable breakdown, adultery, felony conviction, impotence
  32. benefits to being married
    hospital visit right, communication privledge
  33. who can get married
    anyone over the age of 18, 17 with consent, first cousins who are 65 and older
  34. elements of a common law marriage
    • capacity
    • cohabitation
    • agreement intent
    • holding out as husband and wife
    • together for a certain time
    • *Indiana does not allow
  35. ways to terminate a marriage
    • divorce
    • annulment
    • legal seperation
  36. difference between legal seperation and divorce
    legal seperation you are still legally married but living sperately
  37. difference between void and voidable marriage
    • void marriage is invalid at time of marriage (common law, incompetent, family membera)
    • voidable marriage is invalid but remains in effect until court terminates it (fraud, age)
  38. what are unbundled legal services
    hiring for specific tasks and not full representation, such as only paying for the filinf of the fees, or prepration of documents.
  39. what is the problem with unbundeled legal services
    the theory is that a client could do mroe harm than good with their lack of knowledge
  40. 2 exceptions to the confidentiality rule
    client gives consent or there is risk for bodily harm or injury
  41. what is the heart balm act
    a breach in a promise to marry or suing for a broken heart
  42. what is palimony
    alimony paid to cohabitants
  43. 2 major social changes that have had an impact on americam family law
    diversity of family dynamics and the view of divorce
  44. 2 important questions that should be asked of a client during an interview
    if they have any other names so that during your research you can get all the facts and a current address to ensure that they receive all their paperwork
  45. what is collusion
    historically when you would have someone testify that there was some form of abuse so that you could get divorced
  46. same sex marriage options
    civil union
  47. pro hac vice
    limited right to practice for that issue
  48. types of fees
    flat, hourly, retainer, contigent (no money unless client recovers)
  49. purpose of client interview
    opportunity to meet, establish trust, determine scope and fees, prelim. legal advice
  50. traditional views of prenup contracts
    • rich older man and much younger girl
    • divorce planning provision
    • courts against premarital agreements
  51. modern day view on marital contracts
    • provide predictability
    • promote domestic happiness women no longer need protection from court
  52. types of marital contracts
    • before marriage: antenuptial, premarital, prenuptial
    • after marriage: post nuptial
    • never married: cohabitation agreement
  53. UPAA
    • uniform premarital agreement act;
    • the model legislation addressing issues to create a valid premarital agreement
  54. legal arguments for same sex marriage
    • Federal: established clause for 1st amend.; loving v. virginia
    • State: violates the right of the constitutions
  55. according to loving. virginia marriage is a...
    fundamental right
  56. void ab initio
    void from its inception
  57. full faith and credit clause
    the provision and amend. of the us constitution that provides that each state must honor public acts, records and judicial proceeding of every other state
  58. unenforceable provision of a premarital agreement
    • waiving child support
    • providing mother with full custody
    • requiring a party to commit a crime
    • requiring a party to engage in menage a trois
  59. DOMA
    • defense of marriage act;
    • provides that states do not have to recognize same sex marriage from another state, defines marriage for purposes of fed. gov. removed the full faith and credit clause
  60. alimony for cohabitants
    • palimony
    • against public policy in indiana
    • marvin v. marvin first to recognize it (recovered enough to learn new skills and get job)
  61. legal arguments against same sex
  62. purpose of marital agreements
    • protect children of previous marriages
    • protect assets prior to marriage
    • establishes rights and expectation of parties
  63. 3 types of jurisdoction
    • *subject matter- residence requirements
    • *personal-can be waived if party does not object, require respondents to be given notice
    • in rem (property)
  64. types of service of process by clerk
    • personal service-delivered personally
    • substituted service-leaving complaint at home or work with someone over 18
    • publication-used when def is unknown, 3 times within 2 weeks
    • service by mail-certified mail with returned receipt
  65. methods of discovery in family law
    • interrogatories
    • req for prod of doc
    • preq for physical/mental exam
    • req for admission
    • deposition
  66. interrogartories
    under oath, written question, objections can be made when priv. irrelevant, 30 days to answer
  67. types of privledge
    spousal, atty/client, doctor patient, priest/penitent
  68. responses
    30 days to respond, answered and signed under oath
  69. req for prod of doc
    used for business records, may be necc to draft second document, must produce
  70. req for phy/mental exam
    may affect custody or parenting time, spouse os claiming disability, to est. paternity
  71. req for medical exam
    only to aprties of action, parties typically agree or stipulate
  72. requ for admissions
    simplify and clarify issues, cut trial prep time, encourage settlement
  73. purpose of ADR
    cut cost, parents have more control to decide childs best interest
  74. types of ADR
    • mediation
    • divorce arbitration
    • collaborative arbitration
    • settlement negotiation
  75. what are ways a paralegal can assist at a family law trial
    prepare exhibits, coordinate meetings, keep client calm, communicate with client so that attorney can focus
  76. failure to report abuse
    B misdemeanor
  77. purpose of state DCS
    to make reasonable efforts to perserve and reunify families
  78. CHINS
    child in need of services, type of CPS case
  79. people appt to help in CHINS cases
    guardian at lidem, CASA advocates
  80. what is abuse according to indiana
    a child who is alleged to be a child in need of services; failure to do or provide something, basics needs not being received
  81. substantiated reports
    filed with the child abuse regulation
  82. unsubstantiated reports
    not filed
  83. indicated reports
    further monitoring needed
  84. termination of rights
    clear and convincing evidence-states burden
  85. involuntary termination of parental rights
    if child has been removed for at least 15 to 22 months
  86. voluntary temrination of parental rights
    parents choose to sever the bond and termination rights
  87. what does it mean to terminate parental rights
    severs legal bond, no longer have duty to support or participate in decisions, 1 or both parents can have rights terminated
  88. adoption
    legal procedure that makes a person legal parent of a monir who is not their child; approved by court; IN files with probate jurisdiction
  89. types of adoption
    • adults,
    • minors-private placement, stepparent, blood relative, agency placement, hard to place children
  90. who can adopt
    • anyone can petition
    • if married both must be joined in action
    • same sex couple can in indiana but biological parents still has rights
    • relatives have no preferential right to adopt a child
  91. who can be mediators in indiana
    • an attorney (civil)
    • domestic relations (BA degree)
  92. court ordered ADR