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28 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Mallen v. Mallen
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Obtained through Fraud, Duress or Mistake, or Misrep?
Unconscionable? |
have facts/circumstances change to make enforcement unfair?
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Fletcher
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Fairness Approach
Freely entered into. no fraud + Full disclosure & understanding of the nature, value, & extent of spouses property |
Meaningful opportunity to consult with counsel
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Simeone
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Treat it like a normal K.
Women are no longer stupid Absent Fraud, etc. |
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Uniform Premarital Agreement
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Voluntary
Unconscionable No knowledge of Prop |
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Marvin v. Marvin
(Co-Habitation) |
Enforce Express Ks btw non marital partners except sex serv
Use Quantum Meriut if need be |
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Morone
(Co-Habitation) |
Unwillingness to recognize imply agreements
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Griswold
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Encroaches on 1st amend privacy
Sub Due Process--No amount Free from unwarranted govt intrusion |
Right to Privacy encircles two married people
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Eisenstadt
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No grounds for diff married or unmarried. Right to Privacy is an indy right, not marital one
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Lawrence v. TX
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Right to have personal relation w/o being punished as criminals
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Struck Down on Due Process
EP = Loop Hole |
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Common Law Marriage
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Capacity to Enter
Continuous Habitation Holding self out |
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Putative Spouse
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Void due to prior marriage, but they are fine as long as good faith
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Loving v. Virginia
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Violates Due Process b/c marriag is a fund right.
EP b/c equal application does not mean equal protection |
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Michael H.
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Family Unit = State Interest Preventing adulterous natural father from breaking that unit
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Waited past Statutory period
Right to relationship w/ father is not fund right = rational basis |
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Best Interest of the Child
(w/ competing Presumptions) |
Existence of Home Enviorment
Stability of present home/family Extent Uncertainty Already Exist Efforts/Commitment of Dad |
Compelling Interest in Paternity Finality.
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Parental Due Process
(Unfit Dad) |
Requires a Hearing for every parent
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State Interest was efficiency
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Biology Plus Rule
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Must have substantial Relationshi
No EP b/c you aren't truly equal |
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Step-Parent Adoption
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Best Interest of Child No. No EP violation, unless both "equal"
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Diff after Michael H.
(Hope she's not married) |
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Adoption Interests
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Informed Decision by Parents vs.
Finality of Adoption Must states have non-consentabl period |
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Factors for Adoption
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Circumstance of consent
Length of Time elapsed Conduct of parties when withdrawl made before/after |
New Standard
In the absence of Fraud, duress consent becomes final after delivery of baby |
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Surrogacy
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If your wife gets baby, then you're father unless she did it behind your back. Presumed to agree
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Best Int of Child ALWAYS
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Ex Parte Divorce
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Severs the Legal Relationship, but does not hash out any of the resulting problems
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Property Division
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Partnership Theory 50/50
Community Prop = Split 50/50 Equitable Distr = hashed out after divorce. Not automatic |
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Alimony
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Terminates upon Remarriage
Economic Need Limited Basis (mostly) |
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Separation Agreements
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Courts Approve. Helps them out
Awards things courts can Fosters Healthy Negotiation |
Don't incorporate in the decree
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Support Determination
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Income Shared -- Amount of time with kid, chart, etc.
Salary--look at your salary (minor) |
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Rational Basis
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Law must be rationally related to legitimate government purpose
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Intermediate Scrutiny
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Law must be substantially related to important government interest
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Gender, Alienage
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Strict Scrutiny
(Fund Rights) |
Law must be narrowly tailored to achieve a compelling government interest
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Race
National origin, Alienage (generally), Travel (not foreign), Voting |
