Question 1

The term "custody" as it applies to children in a divorce proceeding means:

Accepted Answer

A)  who has legal responsibility for raising the children 
B)  confinement of a child to his or her home 
C)  temporary visitation rights 
D)  None of these are correct. 
A)  who has legal responsibility for raising the children 
B)  confinement of a child to his or her home 
C)  temporary visitation rights 
D)  None of these are correct.

Question 2

The modern rule with respect to broken marriages and who gets to keep an engagement ring is the fault rule.

Accepted Answer

A) True 
 B)False

Question 3

No-fault divorce is the traditional way of justifying a requested divorce.

Accepted Answer

A) True 
 B)False

Question 4

All states have now recognized same-sex marriages.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following are grounds for an annulment?

Accepted Answer

A)  The marriage was never consummated. 
B)  A party was intoxicated at the time of the marriage. 
C)  One of the parties was a minor and did not have parental consent for the marriage. 
D)  One of the parties was mentally incapacitated at the time of the marriage. 
E)  All of these are correct. 
A)  The marriage was never consummated. 
B)  A party was intoxicated at the time of the marriage. 
C)  One of the parties was a minor and did not have parental consent for the marriage. 
D)  One of the parties was mentally incapacitated at the time of the marriage. 
E)  All of these are correct.

Question 6

A marriage may be annulled based on bigamy.

Accepted Answer

A) True 
 B)False

Question 7

Parents are liable for their children's actions if the parents were negligent in causing the child's act.

Accepted Answer

A) True 
 B)False

Question 8

Jack gave Samantha a beautiful heart-shaped engagement ring that contained a two-carat diamond and three one-carat rubies.Samantha called off the wedding one week before the set date,as she found out that Jack was seeing another woman.Under the fault rule,what will happen with Samantha's engagement ring?

Accepted Answer

A)  Samantha will get to keep the ring. 
B)  Samantha must sell the ring and split the proceeds with Jack. 
C)  Samantha must give the ring back even though she broke off the engagement. 
D)  Neither party will get to keep the ring. 
A)  Samantha will get to keep the ring. 
B)  Samantha must sell the ring and split the proceeds with Jack. 
C)  Samantha must give the ring back even though she broke off the engagement. 
D)  Neither party will get to keep the ring.

Question 9

Eddie promised Edna that he would marry her,but at the last minute backed out.If in a jurisdiction that follows the common law,what would Edna's remedy be?

Accepted Answer

A)  She would not have any grounds for bring a lawsuit. 
B)  Edna won't be responsible for Eddie's debts. 
C)  Edna would be able to bring a cause of action based on a breach of contract. 
D)  Edna may bring a cause of action based on specific performance. 
A)  She would not have any grounds for bring a lawsuit. 
B)  Edna won't be responsible for Eddie's debts. 
C)  Edna would be able to bring a cause of action based on a breach of contract. 
D)  Edna may bring a cause of action based on specific performance.

Question 10

There is no such thing as lifetime alimony.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following best describes the modern rule regarding divorce?

Accepted Answer

A)  An individual must prove the other person was at fault for causing a major problem with continuing the marriage. 
B)  An individual must prove the other person was insane. 
C)  A mere citing of irreconcilable differences is enough to obtain a divorce. 
D)  An individual must prove the other person physically abused him or her. 
E)  An individual must prove the other person abandoned him or her. 
A)  An individual must prove the other person was at fault for causing a major problem with continuing the marriage. 
B)  An individual must prove the other person was insane. 
C)  A mere citing of irreconcilable differences is enough to obtain a divorce. 
D)  An individual must prove the other person physically abused him or her. 
E)  An individual must prove the other person abandoned him or her.

Question 12

Only 10 percent of divorce cases are settled between the parties prior to trial.

Accepted Answer

A) True 
 B)False

Question 13

Harvey and Ann are cousins who are 14 and 15 years old respectively.They have been in one another's classes since the fifth grade.Harvey now wants to marry Ann.Which of the following would apply?

Accepted Answer

A)  All states allow a 14 or 15 year old to get married. 
B)  Some states allow brothers and sisters to marry one another. 
C)  Some states allow cousins to marry cousins. 
D)  Some states allow one party to marry someone else while being married. 
A)  All states allow a 14 or 15 year old to get married. 
B)  Some states allow brothers and sisters to marry one another. 
C)  Some states allow cousins to marry cousins. 
D)  Some states allow one party to marry someone else while being married.

Question 14

What factors may a court consider when following the rule of equitable distribution?

Accepted Answer

A)  length of the marriage 
B)  health of the individuals 
C)  standard of living during the marriage 
D)  occupation of each spouse 
E)  All of these are correct. 
A)  length of the marriage 
B)  health of the individuals 
C)  standard of living during the marriage 
D)  occupation of each spouse 
E)  All of these are correct.

Question 15

The duty to pay child support usually continues until the child reaches the age of majority.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following is considered separate property when dividing marital belongings?

Accepted Answer

A)  inheritances received during the marriage 
B)  separate property where the title has been changed to include the other spouse 
C)  joint gifts received during the marriage 
D)  property owned by a spouse after the marriage 
A)  inheritances received during the marriage 
B)  separate property where the title has been changed to include the other spouse 
C)  joint gifts received during the marriage 
D)  property owned by a spouse after the marriage

Question 17

Which of the following statements is true regarding spousal support?

Accepted Answer

A)  Spousal support is also known as alimony. 
B)  Alimony is usually awarded for a limited period of time. 
C)  Alimony typically has been awarded to the female. 
D)  Spousal support payments can be modified. 
E)  All of these are correct. 
A)  Spousal support is also known as alimony. 
B)  Alimony is usually awarded for a limited period of time. 
C)  Alimony typically has been awarded to the female. 
D)  Spousal support payments can be modified. 
E)  All of these are correct.

Question 18

Janine and Harvey were a happily married couple,until Harvey decided he wanted some time to figure out who he was and what he wanted to do.The time came to divide up the couple's assets as they were divorcing.Janine had been given a Model T Ford by her great aunt Hilda while the couple were married.Janine had registered the car and title in both her and Harvey's name.As a matter of fact,because the car was a stick shift and Janine did not know how to drive a stick shift,Harvey drove it most of the time.Who will be the party who gets to keep the car?

Accepted Answer

A)  Harvey will get to keep the car because he used it more than Janine. 
B)  Janine will get to keep the car because it was a gift. 
C)  The car will be considered a marital asset as Harvey's name was placed on the title as a joint owner. 
D)  The court will order that the car be held in trust to satisfy creditors bills. 
A)  Harvey will get to keep the car because he used it more than Janine. 
B)  Janine will get to keep the car because it was a gift. 
C)  The car will be considered a marital asset as Harvey's name was placed on the title as a joint owner. 
D)  The court will order that the car be held in trust to satisfy creditors bills.

Question 19

In order to prove the existence of a common law marriage,which of the following needs to be proven?

Accepted Answer

A)  The parties are eligible to marry. 
B)  The parties voluntarily intend to be husband and wife. 
C)  The parties must live together. 
D)  The parties hold themselves out as husband and wife. 
E)  All of these are correct. 
A)  The parties are eligible to marry. 
B)  The parties voluntarily intend to be husband and wife. 
C)  The parties must live together. 
D)  The parties hold themselves out as husband and wife. 
E)  All of these are correct.

Question 20

Emancipation may best be described as:

Accepted Answer

A)  a counseling technique to keep families together 
B)  a means of legal separation of one spouse from the other spouse in a marriage 
C)  a union between two individuals of the same sex 
D)  a means to demonstrate to the court that a minor is not supported by his or her parents and that the minor provides for himself or herself 
A)  a counseling technique to keep families together 
B)  a means of legal separation of one spouse from the other spouse in a marriage 
C)  a union between two individuals of the same sex 
D)  a means to demonstrate to the court that a minor is not supported by his or her parents and that the minor provides for himself or herself

Exam 53: Family Law

The term "custody" as it applies to children in a divorce proceeding means:

The modern rule with respect to broken marriages and who gets to keep an engagement ring is the fault rule.

No-fault divorce is the traditional way of justifying a requested divorce.

All states have now recognized same-sex marriages.

Which of the following are grounds for an annulment?

A marriage may be annulled based on bigamy.

Parents are liable for their children's actions if the parents were negligent in causing the child's act.

Eddie promised Edna that he would marry her,but at the last minute backed out.If in a jurisdiction that follows the common law,what would Edna's remedy be?

There is no such thing as lifetime alimony.

Which of the following best describes the modern rule regarding divorce?

Only 10 percent of divorce cases are settled between the parties prior to trial.

Harvey and Ann are cousins who are 14 and 15 years old respectively.They have been in one another's classes since the fifth grade.Harvey now wants to marry Ann.Which of the following would apply?

What factors may a court consider when following the rule of equitable distribution?

The duty to pay child support usually continues until the child reaches the age of majority.

Which of the following is considered separate property when dividing marital belongings?

Which of the following statements is true regarding spousal support?

In order to prove the existence of a common law marriage,which of the following needs to be proven?

Emancipation may best be described as:

Legal Heritage and the Information Age

Court Systems and Jurisdiction

Judicial, Alternative, and Online Dispute Resolution

Constitutional Law for Business and E-Commerce

Intentional Torts and Negligence

Strict Liability and Product Liability

Intellectual Property and Cyber Piracy

Criminal Law and Cyber Crimes

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Statute of Frauds and Equitable Exceptions

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

Internet Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Sales and Lease Warranties

Creation of Negotiable Instruments

Transferability and Holder In Due Course

Liability,Defenses and Discharge

Checks, the Banking System, and E-Money

Creditor's and Debtor's Rights

Secured Transactions and Electronic Filing

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, Agents, and Independent Contractors

Employment,Worker Protection,and Immigration Laws

Labor Law and Collective Bargaining

Equal Opportunity in Employment

Small Businesses, Entrepreneurs, and General Partnerships

Limited Partnerships and Limited Liability Limited Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchises and Special Forms of Business

Investor Protection and Online Securities Transactions

Ethics and Social Responsibility of Business

Administrative Law and Regulatory Agencies

Consumer Protection and Product Safety

Environmental Protection and Global Warming

Antitrust Law and Unfair Trade Practices

Personal Property and Bailment

Real Property

Landlord Tenant Law and Land Use Regulation

Insurance

Accountants' Liability

Wills, Trusts, and Elder Law

International and World Trade Law

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