Texas Bar Essays Subjects Massive Review

Card Set Information

Author:
Anonymous
ID:
226858
Filename:
Texas Bar Essays Subjects Massive Review
Updated:
2013-07-12 18:10:25
Tags:
Texas Bar Essays
Folders:

Description:
Texas Bar Essays Subjects Massive Review
Show Answers:

Home > Flashcards > Print Preview

The flashcards below were created by user Anonymous on FreezingBlue Flashcards. What would you like to do?


  1. Requirements for a valid will
    • Capacity
    • Intent
    • Formalites
  2. Testamentary Capacity
    18 years old (unless married or member of the armed force) and of sound mind
  3. Requirements to be of "sound mind"
    • Understand the nature and extent of your property
    • Understand the object of you bounty
    • Understand the nature of the document (it's a testamentary instrument that distributes property at death)
  4. Sound mind presumption
    Testator presumed to be of sound mind; if rebutted, proponent must show testator had capacity by preponderance
  5. Undue Influence upon Testator
    • Influence existed;
    • Subverted Testator's mind;
    • No will w/o the influence
  6. Factors for determining if undue influence happened
    • Opportunity;
    • Susceptibility;
    • Successfulness of person exercising influence
  7. Effect of Undue Influence
    Invalidates provision subject to influence;
  8. Wills: Fraud in the Execution
    Fraud as to nature of writing itself; will invalid
  9. Wills: Fraud in the Inducement
    Extrinsic facts which affect distribution (if testator knew the truth, would he do the same thing?)

    E.g., Child claims to be Testator's son, but he's not
  10. Wills: Mistake in execution
    Mistake as to nature of the document; will invalid
  11. Wills: Mistake in the inducement
    Testator is mistaken as to facts; no relief

    E.g., T thinks child is his of T's own accord, no on told him; kid isn't
  12. Conditional will
    Will won't take effect unless condition takes place ("If I during my trip...")
  13. Wills: Proxy signature
    Allowed if at Testator's direction and in his presence
  14. Wills: Witness requirements
    • Must see doc (don't need to know it's a will)
    • Can sign before T does, so long as it's a part of one continuous act
  15. Wills: Effect of being an interested witness
    You can get gift, but not more than your intestate share (unless corroborated by disinterested, credible witness)
  16. Integrated Wills
    Physical attachment to a will, not usu. valid
  17. Wills: Incorporation by Reference
    Allowed; instrument references another doc in existence and sufficiently ID'd in will
  18. Act of Independent Significance
    Will valid for some reason independent form role to distribute property (e.g., employee list)
  19. Codicil
    Amendment to will; must meet req's of regular will
  20. Divorce effect upon will
    Ex-spouse treated as though he predeceased testator
  21. Will revocation
    Testator took action that showed intent to revoke will, expressly or impliedly
  22. Partial revocation of will by physical act
    Not possible in Texas; all or nothing
  23. Revocation effect on copies on will
    Revocation of one executed copy by physical act = revocation of all copies
  24. Presumption when estate can't find will when will was in testator's possession
    Presumed it was destroyed; rebutted by extrinsic evidence
  25. Will revival
    Bring will back to life; 2 new witnesses needed w/ appropriate formalities
  26. Republication of will
    Reincorporation by reference of will (T makes will 1, revokes it, makes will 2, makes codicil saying "codicil in addition to will 1.")
  27. Dependent Relative Revocation
    Testator has valid will then revokes to make alternative (invalid) disposition; the first will remains in effect
  28. Types of Distributions under a will
    • Specific;
    • Demonstrative ($100,000 from sale of house);
    • General ($100,000 from will);
    • Residuary;
    • Intestacy

    DEBTs are collected in reverse, collecting personal before real in each category
  29. Wills: Satisfaction
    • Testator gives inter vivos gift:
    • (1) wills says it was satisfaction at time; or
    • (2) testator or beneficiary recognize its satisfaction in a later writing
  30. Wills: Advancement
    • Advance on intestate share; inter vivos gift meant in lieu of intestate share
    • Proven by testator or beneficiaries writing
  31. Increase in estate property
    • Before death: Goes to estate
    • After death: specific: goes to beneficiary; general/demonstrative: general estate
  32. Exoneration: Common law
    Estate pays of encumbrance on property
  33. Exoneration: Date
    Sept. 1, 2005
  34. Exoneration: Texas Current Law
    No exoneration unless will says so (wills after Sept. 1, 2005)
  35. Lapse
    Beneficiary predeceases testator; gift lapses
  36. 120 hour rule
    If beneficiary does not outlive testator by 120 hours, he is said to have predeceased testator
  37. Anti-Lapse
    Beneficiary predeceases testator and is descendant of testator or his parent, no lapse; passes to beneficiary's descendants
  38. Will: Disclaimer
    • Beneficiary refuses gift; in writing, before 9 months after probate opens or vesting, and before beneficiary accepts bequest;
    • Irrevocable;
    • Beneficiary treated as though he predeceased testator
  39. Pretermitted Child
    Child not mentioned in will who was born/adopted after will execution
  40. Pretermitted child: Claim to estate
    • Entitled to intestate share UNLESS:
    • Will disinherits child;
    • Transfer to child outside will;
    • Provision made for ≥1 child living at time of will, PC gets equal share to living children
  41. Charitable trust difference
    • Don't require ascertainable beneficiaries; 
    • AG enforces on behalf of public;
    • Must be created for charitable purpose;
    • Cy pres allowed to reform purpose of trust
  42. Requirements for Valid Trust
    • Ascertainable beneficiary;
    • Mechanics;
    • Proper purpose;
    • ID'able corpus;
    • Intent

    AMP II
  43. Trust creation capacity
    18 and of sound mind
  44. Trusts: Settlor retaining too much control
    Trust destroyed
  45. Trust: Intent
    Manifestation of intent w/ putting res in trust; no specific language needed (but don't be wish-washy)
  46. Effect of Beneficiary of Trust being the Trustee
    Not allowed UNLESS there are multiple beneficiaries
  47. Trusts: Class gift problems
    ≥1 person of class must be definitely ascertainable

    E.g., "To my friends" ≠ valid trust because we don't know who "friends" are
  48. Mechanics of Creating Trust
    Settlor declares he holds property in trust for certain beneficiaries; splits legal and equitable title
  49. Testamentary Trust
    Trust created through will
  50. Pour-over Provisions
    Property in estate "pours over" into a trust created by Testator inter vivos
  51. Trustee Powers
    • Expressly granted
    • Sell
    • Invest
    • Apportion
    • Invade principal
  52. Trustee delegating his powers
    Nope, unless for a short time
  53. Co-trustee voting requirements to take action
    Majority; unanimity not required
  54. Trustee Duties
    • MAD CaRL
    • Make trust property productive;
    • Account (to ct every 12 most, to B when requested [within reason]);
    • Defend;
    • Collect/preserve/segregate trust corpus;
    • Reasonably invest (reasonably prudent investor);
    • Loyalty and care
  55. Remedies against Trustee
    • Injunction;
    • Rescission;
    • Damages from breach;
    • Removal
  56. Trustee Liability to 3d Parties
    • Trust can't be sued or sue; Trustee must do both
    • On K: Sue trustee; trustee can seek indemnity or reimbursement if K was proper and breach wasn't result of trustee's duty
    • On tort: Personal liability from tort committed by Trustee in the course of administration; collectable from trust corpus
  57. Beneficiary of trust ability to bring suit for trust
    • Trustee won't;
    • Trustee knowingly participated in causing loss to trust;
    • Trustee has abandoned trust
  58. Trust: Apportionment
    Rule of Thumb: When in doubt, apportion debt equitably between beneficiary and remainderman
  59. Trust: Apportionment: Income
    • Cash Dividends: Treated as income (to B);
    • Stock Dividends: Treated as principal (to remainderman);
    • Wasting assets [property depleted by its use, e.g., lumber]: Remainderman gets hosed, so treat all fairly, separate between corpus and income
  60. Trust: Expenses
    • Ordinary: Charged to income
    • Extraordinary: Charge to principal
  61. Trusts: Transfers of Beneficiary Interest
    General rule: Freely transferable, creditor can attach trust interests
  62. Discretionary Trust
    Trustee has discretion to determine what beneficiary gets; beneficiary cannot force testator to exercise discretion
  63. Spendthrift Trust
    Beneficiary can't transfer his interest, but creditor can't reach trust (can only get beneficiary's distributions after they're made)

    (Government can get to trust)
  64. Trust: Modification by Settlor
    Revocable trust: Can modify (but too much = trust fails)
  65. Trust: Modification by Beneficiary
    Can't do it UNLESS he can show special circumstances for modificatino that does not harm purpose of trust or other beneficiaries; court can approve
  66. Trust: Termination
    If revocable, terminable (if not, not terminable);
  67. Trust: Termination by Beneficiary
    If all beneficiaries consent and early termination doesn't violate a material purpose of trust
  68. Cy pres
    If settlor had general charitable purpose and original purpose is unattainable/fulfilled, ct. can change purpose to keep trust alive
  69. Resulting Trust
    Trust fails, returns res to settlor or his estate
  70. Constructive Trust
    Avoids unjust enrichment
  71. Purchase money resulting trust
    Pay money and title goes elsewhere (if to a child, considered a gift)

    E.g., A buys car and pays purchase price and transfers title to C. If A can prove this wasn't a gift, C would hold title in PMRT, A can get car back to reunify title
  72. Requirements to be guardian
    • Adult;
    • Competent;
    • Good character;
    • Not intebted/in lawsuit with ward
  73. Types of Guardiance
    • Of the person;
    • Of the estate
  74. Burden to require guardian
    • C&C ev.: Ward is incapacitated and guardian is in his best interest
    • Preponderance: That person selected is qualified to be guardian
  75. Powers of Guardians of the Person
    • Physical possession of ward;
    • Determine domicile;
    • Care and protection for ward
  76. Powers of Guardian of Estate
    Possess and manage all of ward's property (can't purchase or exchange prop., settle estate claim, or abandon worthless prop. w/o ct. order)
  77. Guardian: Duties
    • Fiduciary
    • Of the person: Duty of care (provide food, etc.)
    • Of the estate: Duty to manage the estate as a reasonably prudent person
  78. Guardian reimbursement rights
    Reimbursed for necessary and reasonable expenses incurred in caring for ward or his estate
  79. Guardian compensation
    Allowed; at ct's discretion; paid from estate or special gov't funds

    Reasonable: 5% of gross income of ward's estate and 5% of money paid out of estate (can be modified as ct. sees fit)
  80. Modification of guardianship
    Any person acting in best interest of ward can commence modification proceeding; ward needs atty ad litem
  81. Guardianship termination
    Any person acting in best interst of ward can commence modification proceeding; ward needs atty ad litem

    If ct finds by preponderance that guardianship isn't needed, ct. will terminate
  82. Guardianship of person terminates when...
    Capacity restored; suit to terminate is commenced; and ct orders
  83. Guardianship of estate terminates when...
    • Minor ward is 18;
    • Estate of ward exhausted
  84. Tax: Gross Income
    All income, from whatever sources derived, including compensation, interest, rent, etc.
  85. Death benefits paid by reason of death: Income?
    Nope.
  86. Gifts: Income?
    Nope
  87. Interest of gov't obligations (e.g., bonds): Income?
    Nope
  88. Compensation for injuries or sickness when P.I.: Income?
    Nope.
  89. Meals/lodging furnished at convenience of employer: Income?
    Nope.
  90. Gain of sale of residence: Income?
    Nope; if personal and only extends to $250K [single] or $500K [married]
  91. Tax: Ownership and Use Test
    During 5 year period, owner must own/use prop. for >2 years in order to exclude gain on sale of residence
  92. Illegal activities resulting in gains: Income?
    Yep.
  93. Rent: Income?
    Yep.
  94. Prizes/awards: Income?
    Yep.
  95. Scholarships: Income?
    Nope; unless scholarship depends upon student conferring benefit on school = income to FMV of svc.
  96. Gifts to employees: Income
    Yep; unless close familial relationship and context makes it look like a gift
  97. Tax: Trade/Biz expenses
    "Ordinary and necessary expenses" paid or incurred while carrying on biz: Deductible
  98. Biz use of a home: Deductible?
    Nope, unless it's "continuously and regularly" used for biz purpose
  99. Education expenses: Deductible?
    Yep, but only continuing education (e.g., CLE), not education needed to enter a trade (e.g., law school)
  100. How big must estate be to be subject to estate tax?
    >$5M
  101. Gift made in contemplation of marriage
    Gift w/ condition subsequent (marriage)

    TEXAS: Fault-based approach, breaker gets hosed
  102. Prenups: Requirements
    • Valid in Texas;
    • Capacity to K;
    • Voluntarily entered;
    • Signed writing;
    • Effective upon marriage
  103. Requirements for Formal Marriage
    • License (72 hour wait, unless good cause/armed forces);
    • Before 30 days from getting license;
    • Conducted by person authorized
  104. Req'd for people <18 to get married
    • 16-18: Ct. order or parental consent
    • <16: Ct. order only
  105. Requirements for Informal Marriage
    • Agreed to be married;
    • Lived together in Tex. as H/W;
    • Represented they were married;
    • No defined time: Longer = more likely
  106. Requirements for Declaration of Marriage
    • Written and signed "declaration of informal marriage" w/ vital statistics office;
    • Agreed to be married;
    • Lived as H/W;
    • Represented they were married; and
    • Haven't been married to anyone else
    • Minors can't do this
  107. Nonage
    Impediment to marriage:

    • One/both parties are <16 w/o ct. order: marriage void
    • Both parties ≥16L marriage voidable
  108. Marriage: Consanguinity
    Voids incestual marriages
  109. Marriage: Bigamy
    Void marriage
  110. SSM/Civil union
    Void; not allowed in TEx.
  111. Marriage: Impotence
    • Marriage voidable if:
    • Either party permanently at time of marriage;
    • Pet'r didn't know of it;
    • Pet'r hasn't voluntarily cohabited w/ impotent spouse since learning of it
  112. Marriage: Intoxication
    • Marriage voidable if:
    • Pet'r was under the influence and lacked capacity;
    • Hasn't voluntarily cohabited since intoxicating effects ended
  113. Marriage: Fraud, duress, force
    • Marriage voidable if:
    • Other party used fraud, etc. to induce;
    • Pet'r hasn't voluntarily cohabited w/ party since learning of fraud/escaping duress/force
  114. Marriage: Effect of lack of mental capacity
    • Marriage voidable if:
    • At marriage, one party didn't have mental capacity/understanding of nature to consent; AND
    • Pet'r hasn't voluntarily cohabited w/ other party after capacity returned or pet'r should have discovered mental defect
  115. Concealed divorce
    Divorcees can't marry 3d party w/in 30 days after divorce decree; voidable if you do
  116. Anullment
    Marriage never occurred, BUT cts can do just/right division of CP and award maintenance
  117. Putative spouse
    Protects person who believes he's married but there's an impediment to marriage; gives rights he'd have had if validly married
  118. Marriage: Cure of impediment
    If parties continue to cohabit, automatically validly married
  119. Protective Order: Temp. ex parte order
    • Requirements:
    • Sworn application by party seeking protection; and
    • Finding by court that there is clear and present danger of family violence
    •  
    • Protects against domestic violence; extraordinary relief; no notice req'd to respondent;
    • Enforced by contempt of court
  120. Temp. Ex Parte Order: Duratin
    20 days (unless extended by ct. sua sponte or upon petition)
  121. Protective Order Requirements
    • Family violence has occurred; and
    • Will occur in the future;
    • Ct must issue if it finds these
  122. Effects of protective order
    • Stay away provisions (including places);
    • No comms;
    • No harassing, annoying, embarrassing conduct;
    • No firearm possession;
    • no more violence; and
    • No harming/threatening pets
  123. Protective order: Duration
    up to 2 years (or longer if respondent caused serious bodily harm to pet'r)
  124. Protective Order: Enforcement
    Arrest w/o warrant (copy must arrest w/o warrant if respondent violates provision of Order)
  125. Marriage: Support Obligations
    Each spouse must support the other
  126. Spouse tort liability
    Spouses can sue each other; not vicariously liable for each other's torts, but comm. prop. can be obtained by tort-creditor
  127. Spouse: Rape exemption
    Gone. No means no.
  128. Divorce: SMJ
    • Required:
    • Domicile of ≥1 spouse in texas for >6 mos prior to divorce OR in county for 90 day period; AND
    • Valid marriage
  129. Divorce: Personal Jx
    Not req'd unless seeking an in personam judgment
  130. Divorce: Long arm
    • If pet'r is resident of Tex. at time suit is file, ct. can have personal jx. over nonresident if:
    • Tex. was last marital residence of the parties; and
    • Pet. was file w/in 2 years since couple ceased having marital residence in Tex.
  131. Divorce: Waiting period
    No sooner than 60 days after pet. was filed
  132. Divorce: Temporary Orders
    Orders during the pendancy of divorce; prevents spoliation, concealing property, spending more money than reasonably necessary
  133. Divorce: Mediation
    Sua sponte or by agreement
  134. Divorce: Counseling
    Ct. may order parties to counseling; if ct. believes reconciliation is possible, it can continue the proceedings and direct parties to continue counseling for up to 60 days
  135. Divorce: Collaborative law process
    Wretten agreement to engage experts, advisors, and professionals to serve in neutral capacity; avoids battle of experts (but if it falls apart, each side has to get new attys and go to court)
  136. Divorce: Right to jury trial?
    Yep.
  137. Divorce: Grounds: Fault
    • Fault:
    • Abandonment (left for ≥1 year);
    • adultery;
    • cruelty (needs course of conduct rendering marriage intolerable);
    • felony conviction w/ prison ≥1 year
  138. Divorce: Grounds: No-fault
    • Insupportability ("Discord or conflict destroying legitimate ends of marriage w/ no expectation of reconciliation");
    • Living apart for ≥3 years;
    • Confinement in mental hosp. for ≥3 years
  139. Divorce: Property Division
    Must be just and right having due regard to both parties and any children thereof (doesn't mean 50/50)
  140. Just and Right Division: Factors
    • Main factors:
    • Earning capacity;
    • Bax consequences;
    • Fault;
    • Benefits innocent spouse would enjoy if marriage had continued
  141. Divorce: Atty fees source
    Community property
  142. Divorce: Jury verdict in property division
    Advisory only! Ct. has ultimate say.
  143. Divorce: Settlement
    Parties can agree to property division and submit it to court; court can accept or schedule a hearing, it cannot just modify the agreement
  144. Spousal maintenance
    • Allowed by ct decree or agreement;
    • Req's:
    • Payor has committed family violence ≤2 years divorce pet.;
    • Marriage ≥10 years;
    • Spouse can't meed reasonable needs;
    • Unable to earn sufficient income to provide for min. reasonable needs because of disability; OR
    • Custodian of child who needs substantial personal supervision due to disability and spouse can't earn sufficient income to provide for min. reasonable needs because of it
  145. Spousal Maintenance: Factors for awarding
    • Ability to provide for min. reasonable needs;
    • Education/skills/time needed to get them;
    • Duration of marriage;
    • Contribution to spouse as homemaker;
    • Marital misconduct
  146. Spousal maintenance: Limitations on Payments
    Less of $5000 or 20% monthly gross income
  147. Spousal maintenance: Duration
    • ≤20 years: 5 years;
    • 20≤30 years: 7 years;
    • >30 years: 10 years max
  148. Spousal maintenance: Mod/termination
    Upon motion and proper showing of material and substantial change of party to marriage or child
  149. Spousal maintenance: Enforcement
    Contempt and garnishment of wages
  150. Rights of illegitimate children
    • Right to support if legit children have support;
    • Right to inheritance from mom and bio-dad
  151. Establishing mother-child relationship
    • Woman gave birth to child;
    • Adopted child;
    • Had maternity adjudicated
  152. Establishing Father-child relationship
    • Unrebutted presumption;
    • Acknowledgement;
    • Adjudication;
    • Adoption;
    • Consented to IVF and baby results
  153. Presumptions of Paternity
    • Married during conception/birth;
    • Married after birth and man voluntarily listed as factor, record filed w/ state includes this assertion, or man promised to support child as his own;
    • During first two years of child's life he is in same house and holds child out as his own
  154. SoL for establishing parent-child relationship
    • No presumed father: Indefinite;
    • Presumed father: 4th birthday unless lack of access (didn't live together nor had sex during conception time) OR mistaken paternity (presumed dad mistakenly believed he was bio-dad based upon misrep)
    • Lack of Access/Mistaken Paternity: Indefinite
  155. Establishing parent-child relationship: Standing
    Child, mother, man wishing for adjudication of paternity, gov't agency, auth. adoption agency, person related to mother w/in 2° of consanguinity, or intended parent
  156. Parental rights
    Custody/control of child (religious, moral, and educational decisions); discipline; support and provided w/ needed clothes, food, shelter, medical and dental care, and education
  157. SAPCR
    • Suit affecting parent-child relationship;
    • Managing or possessory conservator appointed, access to child established, or termination requested
  158. SAPCR: Standing
    Parent; gov't; person in actual care, control, and possession ≥6 mos (or ≥12mos for fostered kids); or relative w/in 3° consanguinity
  159. SAPCR: Grandparents
    Can request managing conservatorship to protect kids' health or emotional development

    CANNOT file the suit, must join existing suit
  160. Termination of parental rights
    • Involuntary
    • Voluntary
    • Termination ≠ no support obligations
  161. Req's for voluntary termination
    • Signed >48 hrs after birth;
    • Two credible witnesses;
    • Verified
  162. Adoption
    • Adults can adopt (married or unmarried);
    • Look to child's best interests
  163. Adult adoption allowed?
    Yep.
  164. Who must report child abuse?
    Anyone w/ cause to believe child's physical/mental health has been affected by abuse/neglect must report immediately
  165. Professional's requirement to report child abuse
    NOT PROTECTED BY PRIVILEGE; must report w/in 48 hours
  166. Physician duty to report child abuse
    Must report to CPS and refer minor to them for svcs/intervention.
  167. Managing conservator rights
    Make maj. decision about child
  168. Joint managing conservatorship
    Sharing rights to child
  169. Primary managing conservator
    Chooses primary residence of child (can be limited by ct. to specific geographic area)
  170. Possessory conservator
    Right to possession of child, other rights are limited
  171. Favored parties to be managing conservators
    Parents; ct. must appoints parents unless it's not in child's best interest due to impairment of child's physical health or emotional development

    Rebuttable presumption that parents are in the best interest of the child
  172. Std. Possession Order (SPO)
    Rebuttably presumed to be in best interst of children >3 years (<3 years, ct. will grant possession as needed under circumstances)
  173. Agreed parenting plan
    Parents can agree to plan; ct. will approve or set hearing, can't just modify agreement
  174. Conservatorship: Jury trial?
    • Allowed w/ respect to conservator appointment;
    • Which managing conservator will be primary; and
    • Whether there will be geographic limits

    JNOV req'd: Can't just reject jury findings, must order new trial if verdict is against the great weight of the evidence

    CAN'T have jury for child support or specific conditions of child possession/access
  175. Grandparent/3d party rights to children
    Ct. can order reasonable possession/access to GP if GP overcomes presumption that parent acts in best interest of child by preponderance that child's mental health/physical well-being will be harmed w/o possession
  176. Grandparent rights to children: standing to bring suit for access
    Bio-GPs have standing to request access
  177. Enforcement of Possession order for child
    • Habeas petition:
    • File verified application to take custody of child;
    • Heard on next judicial day after writ is executed; and
    • Ct. finds applicant for writ is entitled to possession;
    • Court shall return child to applicant
  178. Child support: Limits
    Lesser of $7500 or 20% (+5% per each child up to 40%) of net resources
  179. Child support: Medical support
    • Must carry child on his ins. or reimburse obligee;
    • Cost of complying is not calculated in net resources
  180. Effect of failing to pay support upon possession of child
    Nothing––can't deny access for failure to pay
  181. Child support: Income withholding
    Ct. must order but obligee needn't enforce
  182. Child support: Duration
    • Later of 18 years or high school graduation;
    • Emancipation;
    • Death;
    • Indefinitely if child is disabled
  183. Child support: Retroactive
    Allowed, but usu. not for longer than 4 years previous
  184. Child support: Enforcement
    Needs personal jx.: Garnishment, any means ct. can use for judgment on debt
  185. Interstate Family Support Act: Long Arm
    Indiv. had sex in Texas and child was conceived here, but he's never returned; has jx.
  186. Interstate Family Support Act: Continuing jx
    Once a state has jx, it continues until both obligor and obligee leave Texas
  187. Interstate Family Support Act: Enforcement
    Crosses state lines; direct enforcement allowed (no ct. order needed to garnish)
  188. Uniform Child Custody Jx. And Enforcement Act: Home State Jx.
    • Child lived w/ parent in state for ≥6 most (if ≤6 mos, since birth); then
    • No other state is child's home and ≥1 parent has "significant connection" w/ Texas; then
    • No other home state, no substantial connections, but Tex. is more "appropriate forum jx."; then
    • No other state would have jx. under above stds (vacuum jx)
  189. Uniform Child Custody Jx. And Enforcement Act: Declining jx
    Any court can decline jx., will drop to next possible jx. on list
  190. Uniform Child Custody Jx. And Enforcement Act: Continuing jx.
    Once state has jx, it keeps it until neither child nor obligor nor obligee live in state (unless they consent to state's jx)
  191. Uniform Child Custody Jx. And Enforcement Act: Temp Emergency Jx
    • Child in state and has been abandoned; or
    • Child/sibling/parent is subjected to/threatened with mistreatment/abuse
  192. Uniform Child Custody Jx. And Enforcement Act: Interstate Enforcement
    Other state's custody order can be enforced in Tex. if registered; Tex. ct. can grant any relief available under Tex. law to enforce registered child custody determination

What would you like to do?

Home > Flashcards > Print Preview