About fault rule of engagement and regarding child custody

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Reference no: EM132197144

1. Which of the following is NOT true about the fault rule of engagement?

A. The fault rule states: If the person who gave the engagement ring breaks off the engagement, the other side gets to keep the engagement ring.

B. The fault rule is still applied in most states.

C. The fault rule is sometimes difficult to apply because questions often arise as to who broke off an engagement, which then requires a trial to decide the issue.

D. The fault rule states: if the person who has accepted an engagement ring breaks off the engagement, that person must return the engagement ring.

E. The fault rule has mostly been abandoned in favor of the objective rule.

2. Which of the following is an INCORRECT statement regarding marriage requirements?

A. States prohibit marriages between persons who are closely related.

B. Federal law has exclusive jurisdiction over marriage requirements.

C. States will permit younger persons (provided that they are not under a certain age, such as 14 or 15 years old) to be married if they have the consent of their parents.

D. In order to be? married, the parties must be of a certain age (usually 18 years of age or older).

E. State law establishes certain requirements that must be met before two people can be married.

3. Which of the following is an INCORRECT statement regarding marriage requirements?

A. Some states require that in addition to a marriage license, there must be some sort of marriage ceremony.

B. State law requires that the parties obtain a marriage license issued by the state.

C. In order for two people to be legally married, the law requires that the parties obtain a marriage license issued by the federal government.

D. Marriage licenses are usually obtained at the county clerk's office.

E. Some states require that the parties take a blood test prior to obtaining a license.

4. Which of the following is NOT true about same-sex marriage?

A. About one-half of the states now permit same-sex marriage.

B. In 2004, the state of Massachusetts became the first state to grant equal rights to same-sex couples to get married.

C. Same-sex partners lobbied state legislatures and brought lawsuits in state and federal courts to change marriage laws to permit same-gender marriage, also commonly referred to as same-sex marriage.

D. Many states, by legislation or constitutional provision, prohibited same-sex partners from marrying.

E. Same-sex partners have been fighting for decades to obtain the same right to marry that heterosexual couples have.

5. Same-sex partners lobbied state legislatures and brought lawsuits in state and federal courts to change marriage laws to permit same-gender marriage, also commonly referred to as same-sex marriage. In these lawsuits, same-sex partners alleged that the state laws that permit heterosexual but not same-sex partners to marry caused______________ that violated the ________________ clauses of state constitutions and the U.S. Constitution.

A. undue hardship; due process and commerce

B. discrimination; takings and equal protection

C. discrimination; due process and commerce

D. discrimination; due process and equal protection

E. undue hardship; takings and equal protection

6. Which of the following is NOT true about parental duties?

A. Parents have an obligation to provide an allowance to their children until a child reaches age 18 or until emancipation.

B. Parents have an obligation to provide food to their children until a child reaches age 18 or until emancipation.

C. Parents have an obligation to provide medical care to their children until a child reaches age 18 or until emancipation.

D. A child becomes emancipated if he or she leaves the parents and voluntarily lives on his or her own.

E. Parents have an obligation to provide shelter to their children until a child reaches age 18 or until emancipation.

7. Which of the following is NOT true about parental rights?

A. Parents have no right to control the behavior of their children.

B. The state may remove a child, either temporarily or permanently, from situations of child neglect.

C. Child neglect occurs when a parent fails to provide a child with the necessities of life or other basic needs.

D. A parent's refusal to obtain medical care for a child can be punished as a crime.

E. Parents have the right to select schools for their children and the religion they will practice.

8. Which of the following is NOT one of the more common issues addressed in a prenuptial agreement?

A. future lottery winnings

B. valuation of business

C. separate property

D. income

E. profession and license

9. Which of the following is NOT true about prenuptial agreements?

A. They must provide for fair distribution of assets and must not be unconscionable.

B. Prenuptial agreements must be voluntarily entered, without threats or undue pressure.

C. Generally, courts will enforce a properly negotiated prenuptial agreement even if the agreement provides for an unequal distribution of assets and eliminates financial support of a spouse in case the marriage is terminated.

D. Generally, courts will not enforce a prenuptial agreement if the agreement provides for an unequal distribution of assets or eliminates financial support of a spouse in case the marriage is terminated.

E. For a prenuptial agreement to be enforceable, each party must make full disclosure of assets and liabilities, and each party should be represented by their own attorney.

10. _____ property includes property owned by a spouse prior to the marriage as well as inheritances and gifts received during the marriage.

A. Spousal partnership

B. Community

C. Marital

D. Separate

E. Equitable

11. Which of the following is NOT true about how debts are divided during a dissolution of marriage?

A. In most states, each spouse is personally liable for his or her own premarital debts, and the other spouse is not liable for those debts.

B. Debts that are incurred during the marriage for necessities and other joint needs, including but not limited to shelter, clothing,? automobiles, medical expenses, and the like, are joint marital debts and are the joint responsibility of the spouses.

C. If a debt is not paid by the spouse to whom the court has distributed the debt, a? third-party creditor may recover payment of the debt from the other spouse.

D. How debts are divided depends on the type of debt and upon state law.

E. If a debt is not paid by the spouse to whom the court has distributed the debt, a third-party creditor may not recover payment of the debt from the other spouse.

12. Temporary alimony is also called _____ alimony.

A. equitable

B. supplemental

C. quasi-equitable

D. retributive

E. rehabilitation

13. Which of the following is NOT true about child support?

A. The noncustodial parent is obligated to contribute to the financial support of biological and adopted children.

B. In awarding child support, the court may consider several factors, including the number of children, the needs of the children, the net income of the parents, standard of living of the children prior to termination of the marriage, special medical or other needs of the children and other factors the court deems relevant.

C. Custodial and noncustodial parents may NOT agree to the amount of child support. It is mandated by state law.

D. Child support includes a child's costs for food, shelter,? clothing, medical expenses, and other necessities of life.

E. The duty to pay child support usually continues until a child reaches the age of majority, graduates from high school, or emancipates him or herself by voluntarily choosing to live on his or her own.

14. In child custody disputes where both parents want custody of a child, the courts determine what is in the best interests of _____.

A. the mother

B. the biological father

C. society as a whole

D. the father (regardless of whether he is the biological father of the child)

E. the child

15. Which of the following is NOT a factor a court can consider when deciding child custody?

A. the religion of each parent

B. the desire of each parent to provide for the needs of the child

C. the ability of each parent to procreate

D. the ability of each parent to provide a stable environment for the child

E. the wishes of the child

16. Which of the following is an INCORRECT statement regarding child custody?

A. Child custody is one of the least litigated issues of divorcing couples.

B. Legal custody of the child includes physical custody of the child.

C. The legal term custody is used to describe who has legal responsibility for raising a child.

D. Traditionally, the court almost always granted custody of a child to the mother.

E. The custodial parent who is awarded custody has legal custody of the child.

Reference no: EM132197144

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