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34 Cards in this Set
- Front
- Back
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Unjust enrichment |
-acquisition of benefit -at detriment of another |
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Clear and convincing evidence |
- evidence -must be highly and substantially -more probable -to be true than not and -trier of fact -firmly believes/ convicted in its factuality |
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Preponderance of evidence |
-party with burden -convinces trier of fact -there’s greater than 50% chance -claim is true |
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Alimony pendente lite |
-temporary -support -pending divorce/separation |
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Unconscionable |
-k doctrine -describes terms -so extremely unjust OR -overwhelmingly one-sided in favor -party who has the superior bargaining power -that they are contrary to good conscience |
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Duress |
-threat -wrongful or unlawful and -no reasonable alternative |
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Undue influence |
-influence -deprives a person -freedom of choice -and substitutes will of another |
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Incest |
-sexual relations -b/t people -classes as being too closely related to marry |
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Consanguinity |
-familial relation -by blood |
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Affinity |
-familial relation -by marriage |
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Bigamy |
-an act -being married -to more than one person simultaneously -without either party’s knowledge |
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Polygamy |
-an act -marrying or being married to -more than one person -knowledge of each party |
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Solemnization |
-performance of -a formal ceremony -before witnesses |
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Putative spouse doctrine |
-any person -cohabitated with another -whom he not legally married -good faith belief -he was married -is a putative spouse -acquires rights -conferred upon a legal spouse -including the right to maintenance following termination -rights acquired by a putative spouse do not supersede the rights of the legal spouse |
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Adultery |
-must show -adulterous inclination AND -opportunity to commit act |
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cruelty |
-more than mere unkindness, incompatibility, rudeness
-corroborating evidence -supports emotional/physical abuse OR -corroborating evidence that shows oppressive behavior |
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recrimination |
-affirmative defense
-have to est. -other person @ fault |
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privilege |
-have to be married
-have expectation -communication will be privileged |
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condonation |
-affirmative defense
-forgiveness -matrimonial offense -on condonation -shall not be repeated |
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plaintiff/petitioner |
-criminal/civil
-person -brings a case -against someone in a court of law |
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defendant/respondent |
-criminal/civl
-individual, company, or institution -sued/accused in a court of law |
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confidential |
entrusted with private or restricted information
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fault based divorce
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-required one spouse
-prove other other -legally at fault -obtain divorce |
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constructive desertion |
-conduct by one spouse
-causes other spouse -leave marital abode |
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commissioner in chancery |
-neutral attorney
-appointed by circuit courts -gather facts and conduct depositions in a case |
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ore tenus hearing
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-verbal/oral statements and
-practice of presumption of correctness -appeals ct gives to the findings of fact -reached by a trial court -in a nonjury case |
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what makes a marriage void? |
consanguinity
bigamy polygamy |
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what makes a marriage voidable? |
age
lack of capacity to consent lack of capacity to consummate capacity based on fraud/duress |
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what is a marriage? |
a contract which means the consent to enter must be free and voluntary
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what does free and voluntary mean? |
means free from duress/ undue influence |
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what does undue influence mean in this sense? |
fraud |
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what is a divorce |
-terminates a valid marriage from the date of divorce |
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what is an annulment? |
-terminates invalid marriage retroactively -invalid marriages due to marriage being void/voidable |
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common law marriage |
-capacity (enter marriage K) -present agreement to marry (now) -cohabitation -holding out as husband and wife |
