Exam 13: Illegitimacy and Paternity Proceedings

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What is Lord Mansfield's Rule?

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The testimony of either spouse is inadmissible on the question of whether the husband had access to the wife at the time of conception if such evidence would tend to bastardize (i.e., declare illegitimate) the child.

A court cannot declare that a man is the father of a child unless that court has personal jurisdiction over the man.

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The defense of prevents the same parties from retrying a claim that has already been resolved in a prior case or prevents the litigation of a claim arising out of the same transaction involved in the first case that could have been raised in the first case but was not.

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res judicata

How are nonmarital children discriminated against in immigration when they seek citizenship through their father?

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Assume that a U.S. citizen has a nonmarital child while in a foreign country and now wants that child to be declared a citizen of the United States. Under U.S. immigration law, it is easier for a foreign-born child to become a citizen if the child is seeking citizenship through its mother than through its father.

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Under the Uniform Parentage Act (UPA):

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Mothers and fathers have an equal duty to support their nonmarital children.

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How will a court resolve conflicting presumptions of paternity?

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Match each numbered entry with the most relevant lettered entry below -paternity finding even if the man and child are not related

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What legal disabilities did nonmarital children face at common law?

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Match each numbered entry with the most relevant lettered entry below -inadmissibility of testimony of a spouse on access

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Match each numbered entry with the most relevant lettered entry below -not allowing the assertion of a right due to another's reliance

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Match each numbered entry with the most relevant lettered entry below -a court hearing a case

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A putative father is a man proven to be the biological father of the child.

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Match each numbered entry with the most relevant lettered entry below -the right to bring a case

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To die means to die leaving a valid will.

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Paternity by estoppel is established when a court allows the presumption of paternity to be rebutted even though there is no biological relationship between the presumed (putative) father and the child.

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How are nonmarital children discriminated against in social security?

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At common law, an illegitimate child was the child of nobody.

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DNA testing is done on deoxyribonucleic acid removed from cells.

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