Exam 5: Traditional Marriage and Alternatives

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The requirement that the government's action must be narrowly tailored to serve a compelling state interest is called scrutiny.

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strict

What are the elements of fraud?

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There must be a false statement of present fact by the D (defendant); the D must know that it is false; the D must intend that the P (plaintiff) rely upon the statement (scienter); the P must rely on the statement of the D and be reasonable in so relying; the P must suffer harm due to the reliance.

Both bride and bridegroom must be present in a proxy marriage.

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General restraints on marriage are enforceable only if they serve what the court considers a useful purpose.

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Covenant marriages are no-fault marriages.

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What is a fundamental right and why is marriage such a right?

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Which of the following is not an element of a common law marriage?

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Parties in a civil union are granted some or all of the same state benefits given to parties in a marriage.

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damages consist of money paid to restore an injured party to his or her position prior to the injury or other loss.

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Match each numbered entry with the most relevant lettered entry below -an obligation of one state to another state

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In states where common law marriages are allowed, the marriage cannot have the same validity as a ceremonial marriage.

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Match each numbered entry with the most relevant lettered entry below -unmarried persons living together

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What is a putative spouse?

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A broken engagement might constitute a breach of contract and fraud.

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Only gifts given with consideration are revocable.

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A gift made in a will is a gift.

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A gift is not irrevocable unless it is:

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Match each numbered entry with the most relevant lettered entry below -one who performs a ceremony

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Match each numbered entry with the most relevant lettered entry below -specifically guaranteed in the constitution

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When a state allows an action for breach of promise to marry, what remedy is usually permitted?

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