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31 Cards in this Set
- Front
- Back
Breach of promise to marry elements
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1. K
2. breach 3. damages (wedding reception deposits, etc.) |
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What is consideration in breach of promise to marry?
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the other person's promise - if you marry me, I'll marry you. Oral - outside S of F.
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Marriage
(general definition) |
the consensual relationship creating the status of husband and wife - the purpose of which is to produce children.
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Ceremonial marriage (aka statutory marriage) requires...
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1. A license - medical (procedural, GF enough, can be waived), capacity (public policy, can't be waived)
2. solemnization (procedural, GF enough, unauth celebrant doesn't invalidate) |
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Elements of capacity
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SANS
1. sane 2. adult 3. not related 4. single |
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Common Law marriage
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1. capacity (SANS)
2. words & acts (exchange of consents, cohab, holding out) 3. validity |
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Constitutional privacy issues (CAMPER)
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1. Contraception
2. Abortion 3. Marriage 4. Procreation 5. Education and control of kids 6. Relations can live together Test: Strict scrutiny - compelling interest (justification). |
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NOT cons privacy issues (BUSHES)
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1. Bankruptcy
2. Unrelated parties living together 3. Sodomy 4. Housing 5. Education of self 6. Status of welfare Test: Rational basis - burden on individual |
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Annulment
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judgment of invalidity of marriage - impediment occurred before marriage
Void (no K) and voidable (can waive defects and make valid K) |
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Nonwaivable defects
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1. Bigamy
2. Consanguinity 3. Insanity Note: #1 and 3 - impediments can be removed, and if marriage ratified -> valid. |
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Effect of voidable defects
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can get out by annulment or decide to affirm and stay married
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Waivable defects
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1. Fraud going to essentials
2. Duress 3. Intoxication 4. Nonage 5. Lack of physical capacity |
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Divorce
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Mechanism for dissolving the marriage when the impediment occurred after the marriage
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two types of divorce
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1. no fault
2. fault (ABCD DIP IV) |
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Fault - reasons for fault divorce
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ABCD DIP IV
1. Adultery 2. Bigamy 3. Cruelty (phys, mental, att mrdr) 4. Desertion (1 yr w/out consent) 5. Drug addiction 6. Insanity (2 yr stat period) 7. Prison 8. Impotent 9. Venereal Disease |
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defenses to fault
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RIP CoCoCo
recrimination insanity provocation collusion connivance condonation |
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Validity of marital agreements re: financial aspects of marriage
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Before marriage ok - reqs writing and consideration. Fraud vitiates validity; disclosure is required
During marriage ok - 3rd pty K's are separate unless for necessities (fam expenses) After marriage K's ok - reqs writing by statute, nonmodifiable (except child supp), must be absent fraud/duress |
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Judicial decree - deals with 4 areas
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1. property
2. alimony 3. child support |
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2 types of marital property after divorce
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separate - includes stuff owned separately before marriage, and gifts/inheritance to just that person after marriage
marital property - prop obtained during the marriage. Includes pensions, tort recovery. Excludes professional degrees (won't divide value of degree) |
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Considerations in equitable dist of marital property
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BULLSHIT
1. Background of parties 2. Unilateral or bilateral source of assets 3. Liability of parties 4. Length of marriage 5. Std of living of parties 6. Health of parties 7. Income of parties 8. Tax aspects |
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Alimony
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paymt for needs of spouse who can't support her/himself. NO gender presumption
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Factors for determining the amt of alimony
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SOME
1. Std of living 2. Other expenses 3. Misconduct 4. Educational support of spouse |
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Types of alimony
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1. permanent - where needs will be continuing. Modifiable w/ chg in circ.
2. rehabilitative (temp) - for pymt of education so spouse can enter work force. Nonmodifiable. 3. Lump sum |
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Rules of paternity
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1. Married woman - husb presumed father. Rebuttable (DNA, imposs), Except USCACA - if husb consents, he is dad irrebuttably
2. Unmarried woman - if not ack by dad, can be det by litigation. State can bring action too. 3. Cons lmts onof kids born out of wedlock - entitled to intermediate EP |
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Child support
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child entitled to child support until the age of 18 (excep: child incapable of employment, desire to get bach deg). Amt granted is modifiable, except it can't be self-induced, and can't modify past due amts.
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Child custody factors
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CHIPS
1. Child's preference 2. Health of parties 3. Involvement of parties 4. Proximity of relatives 5. Schools & institutions |
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Adoption and Biological parents
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Rts extinguished (voluntary, involuntary - parents abuse, abandonment, neglect. Notice & fair hearing for Due process.
Unmarried father entitled to DP if he ack paternity in writing, he is involved w/child) |
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Adoption and adoptive parents
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One way st: duty do support kids, kids have no duty to parents. Two way st: inheritance goes both ways
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Palimony scenario & solution
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man & woman living together, not married, split, one want support. Solution: quasi K relief, constructive K.
Show i. benefit conferred ii. Expectation iii. Unjust to retain |
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In vitro surrogacy & "Property" re: artificial insemination
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Formal termination of surrogate's rts are req'd
"Property" - TEST - relative interests of parties weighed. |
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Adoption
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legal proceeding terminating the rela bet the child and his biological parent (if nec) and est a new rel bet the child and his adoptive parents. Adoption is purely statutory.
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