Question 1

A gift of real estate by will is called a devise.

Accepted Answer

A) True 
 B)False

Question 2

In order for a common law marriage to be recognized,the parties must voluntarily intend to be husband and wife.

Accepted Answer

A) True 
 B)False

Question 3

With a no-fault divorce,a spouse wishing to obtain a divorce merely has to assert irreconcilable differences with his or her spouse.

Accepted Answer

A) True 
 B)False

Question 4

Civil unions usually provide gay partners with rights,benefits,and responsibilities similar to opposite-sex marriage.

Accepted Answer

A) True 
 B)False

Question 5

Absent a specific agreement to the contrary,when do child support obligations typically terminate? When should parents consider changing,by contractual agreement,traditional child support obligations?

Accepted Answer

Traditionally,child support obligations

Question 6

A(n)________ adoption occurs when a person adopts a child from a social service organization of a state.

Accepted Answer

A)  independent 
B)  dependent 
C)  principal 
D)  agency 
E)  welfare 
A)  independent 
B)  dependent 
C)  principal 
D)  agency 
E)  welfare

Question 7

The existence of a later will automatically revokes all earlier wills by operation of law.

Accepted Answer

A) True 
 B)False

Question 8

A couple wishing to marry must meet the legal requirements established by the federal government.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following is false regarding joint wills and mutual wills?

Accepted Answer

A)  If two or more testators execute the same instrument as their will, the document is called a joint will. 
B)  A joint will may not be held invalid as to one testator but valid as to the other. 
C)  Mutual wills arise where two or more testators execute separate wills that make testamentary disposition of their property to each other on the condition that the survivor leave the remaining property on his or her death, as agreed by the testators. 
D)  Mutual wills are usually separate instruments with reciprocal terms. 
E)  Because of their contractual nature, mutual wills cannot be unilaterally revoked after one of the parties has died. 
A)  If two or more testators execute the same instrument as their will, the document is called a joint will. 
B)  A joint will may not be held invalid as to one testator but valid as to the other. 
C)  Mutual wills arise where two or more testators execute separate wills that make testamentary disposition of their property to each other on the condition that the survivor leave the remaining property on his or her death, as agreed by the testators. 
D)  Mutual wills are usually separate instruments with reciprocal terms. 
E)  Because of their contractual nature, mutual wills cannot be unilaterally revoked after one of the parties has died.

Question 10

Which of the following is true regarding living wills?

Accepted Answer

A)  The United States Supreme Court has acknowledged that the right to refuse medical treatment is a personal liberty interest protected by the Due Process Clause of the United States Constitution. 
B)  A living will may not specify which life-saving measures an individual does not want. 
C)  The desire to refuse medical treatment must be shown by a preponderance of the evidence in the living will. 
D)  A living will should not designate anyone to make health care decision for the maker. 
E)  The United States Supreme Court has not addressed the issue of whether living wills may be valid. 
A)  The United States Supreme Court has acknowledged that the right to refuse medical treatment is a personal liberty interest protected by the Due Process Clause of the United States Constitution. 
B)  A living will may not specify which life-saving measures an individual does not want. 
C)  The desire to refuse medical treatment must be shown by a preponderance of the evidence in the living will. 
D)  A living will should not designate anyone to make health care decision for the maker. 
E)  The United States Supreme Court has not addressed the issue of whether living wills may be valid.

Question 11

When a residuary gift is given to all of the testator's descendants such that each is to receive an equal share regardless of what generation they are in,what type of distribution is this?

Accepted Answer

A)  per stirpes 
B)  contingent 
C)  per capita 
D)  intestate 
E)  per abatement 
A)  per stirpes 
B)  contingent 
C)  per capita 
D)  intestate 
E)  per abatement

Question 12

Which of the following best describes a will codicil?

Accepted Answer

A)  A will codicil revokes an existing will. 
B)  A will codicil is a modification to a will that does not need all of the formalities of a will, so long as the required formalities were followed in executing the original will. 
C)  A will codicil is an instrument that names the testator. 
D)  A will codicil is a modification to an existing will that must follow all of the formalities of a will. 
E)  A will codicil is an order of a probate court to distribute the property of the testator. 
A)  A will codicil revokes an existing will. 
B)  A will codicil is a modification to a will that does not need all of the formalities of a will, so long as the required formalities were followed in executing the original will. 
C)  A will codicil is an instrument that names the testator. 
D)  A will codicil is a modification to an existing will that must follow all of the formalities of a will. 
E)  A will codicil is an order of a probate court to distribute the property of the testator.

Question 13

If the testator's estate is not large enough to pay all will devises and bequests,the doctrine of abatement applies.

Accepted Answer

A) True 
 B)False

Question 14

All states provide that persons under a certain age,such as 14 or 15 years of age,cannot be married.

Accepted Answer

A) True 
 B)False

Question 15

Foster care is usually a permanent arrangement.

Accepted Answer

A) True 
 B)False

Question 16

In determining the fair distribution of marital property,the court may not consider the length of the marriage.

Accepted Answer

A) True 
 B)False

Question 17

In determining the fair distribution of marital property,the court may not consider which party is awarded custody of the children.

Accepted Answer

A) True 
 B)False

Question 18

State law may exempt physicians from civil and criminal liability in assisted-suicide cases.

Accepted Answer

A) True 
 B)False

Question 19

Cohabitation is not sufficient in and of itself to establish a common law marriage.

Accepted Answer

A) True 
 B)False

Question 20

In order for a common law marriage to be recognized,the parties need not live together.

Accepted Answer

A) True 
 B)False

Exam 39: Family Law, Wills, and Trusts

A gift of real estate by will is called a devise.

In order for a common law marriage to be recognized,the parties must voluntarily intend to be husband and wife.

With a no-fault divorce,a spouse wishing to obtain a divorce merely has to assert irreconcilable differences with his or her spouse.

Civil unions usually provide gay partners with rights,benefits,and responsibilities similar to opposite-sex marriage.

Absent a specific agreement to the contrary,when do child support obligations typically terminate? When should parents consider changing,by contractual agreement,traditional child support obligations?

A(n)________ adoption occurs when a person adopts a child from a social service organization of a state.

The existence of a later will automatically revokes all earlier wills by operation of law.

A couple wishing to marry must meet the legal requirements established by the federal government.

Which of the following is false regarding joint wills and mutual wills?

Which of the following is true regarding living wills?

When a residuary gift is given to all of the testator's descendants such that each is to receive an equal share regardless of what generation they are in,what type of distribution is this?

Which of the following best describes a will codicil?

If the testator's estate is not large enough to pay all will devises and bequests,the doctrine of abatement applies.

All states provide that persons under a certain age,such as 14 or 15 years of age,cannot be married.

Foster care is usually a permanent arrangement.

In determining the fair distribution of marital property,the court may not consider the length of the marriage.

In determining the fair distribution of marital property,the court may not consider which party is awarded custody of the children.

State law may exempt physicians from civil and criminal liability in assisted-suicide cases.

Cohabitation is not sufficient in and of itself to establish a common law marriage.

In order for a common law marriage to be recognized,the parties need not live together.

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