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31 Cards in this Set

  • Front
  • Back
Breach of promise to marry elements
1. K
2. breach
3. damages (wedding reception deposits, etc.)
What is consideration in breach of promise to marry?
the other person's promise - if you marry me, I'll marry you. Oral - outside S of F.
(general definition)
the consensual relationship creating the status of husband and wife - the purpose of which is to produce children.
Ceremonial marriage (aka statutory marriage) requires...
1. A license - medical (procedural, GF enough, can be waived), capacity (public policy, can't be waived)

2. solemnization (procedural, GF enough, unauth celebrant doesn't invalidate)
Elements of capacity
1. sane
2. adult
3. not related
4. single
Common Law marriage
1. capacity (SANS)
2. words & acts (exchange of consents, cohab, holding out)
3. validity
Constitutional privacy issues (CAMPER)
1. Contraception
2. Abortion
3. Marriage
4. Procreation
5. Education and control of kids
6. Relations can live together

Test: Strict scrutiny - compelling interest (justification).
NOT cons privacy issues (BUSHES)
1. Bankruptcy
2. Unrelated parties living together
3. Sodomy
4. Housing
5. Education of self
6. Status of welfare

Test: Rational basis - burden on individual
judgment of invalidity of marriage - impediment occurred before marriage

Void (no K) and voidable (can waive defects and make valid K)
Nonwaivable defects
1. Bigamy
2. Consanguinity
3. Insanity

Note: #1 and 3 - impediments can be removed, and if marriage ratified -> valid.
Effect of voidable defects
can get out by annulment or decide to affirm and stay married
Waivable defects
1. Fraud going to essentials
2. Duress
3. Intoxication
4. Nonage
5. Lack of physical capacity
Mechanism for dissolving the marriage when the impediment occurred after the marriage
two types of divorce
1. no fault
2. fault (ABCD DIP IV)
Fault - reasons for fault divorce

1. Adultery
2. Bigamy
3. Cruelty (phys, mental, att mrdr)
4. Desertion (1 yr w/out consent)
5. Drug addiction
6. Insanity (2 yr stat period)
7. Prison
8. Impotent
9. Venereal Disease
defenses to fault

Validity of marital agreements re: financial aspects of marriage
Before marriage ok - reqs writing and consideration. Fraud vitiates validity; disclosure is required

During marriage ok - 3rd pty K's are separate unless for necessities (fam expenses)

After marriage K's ok - reqs writing by statute, nonmodifiable (except child supp), must be absent fraud/duress
Judicial decree - deals with 4 areas
1. property
2. alimony
3. child support
2 types of marital property after divorce
separate - includes stuff owned separately before marriage, and gifts/inheritance to just that person after marriage

marital property - prop obtained during the marriage. Includes pensions, tort recovery. Excludes professional degrees (won't divide value of degree)
Considerations in equitable dist of marital property

1. Background of parties
2. Unilateral or bilateral source of assets
3. Liability of parties
4. Length of marriage
5. Std of living of parties
6. Health of parties
7. Income of parties
8. Tax aspects
paymt for needs of spouse who can't support her/himself. NO gender presumption
Factors for determining the amt of alimony

1. Std of living
2. Other expenses
3. Misconduct
4. Educational support of spouse
Types of alimony
1. permanent - where needs will be continuing. Modifiable w/ chg in circ.
2. rehabilitative (temp) - for pymt of education so spouse can enter work force. Nonmodifiable.
3. Lump sum
Rules of paternity
1. Married woman - husb presumed father. Rebuttable (DNA, imposs), Except USCACA - if husb consents, he is dad irrebuttably

2. Unmarried woman - if not ack by dad, can be det by litigation. State can bring action too.

3. Cons lmts onof kids born out of wedlock - entitled to intermediate EP
Child support
child entitled to child support until the age of 18 (excep: child incapable of employment, desire to get bach deg). Amt granted is modifiable, except it can't be self-induced, and can't modify past due amts.
Child custody factors

1. Child's preference
2. Health of parties
3. Involvement of parties
4. Proximity of relatives
5. Schools & institutions
Adoption and Biological parents
Rts extinguished (voluntary, involuntary - parents abuse, abandonment, neglect. Notice & fair hearing for Due process.

Unmarried father entitled to DP if he ack paternity in writing, he is involved w/child)
Adoption and adoptive parents
One way st: duty do support kids, kids have no duty to parents. Two way st: inheritance goes both ways
Palimony scenario & solution
man & woman living together, not married, split, one want support. Solution: quasi K relief, constructive K.

i. benefit conferred
ii. Expectation
iii. Unjust to retain
In vitro surrogacy & "Property" re: artificial insemination
Formal termination of surrogate's rts are req'd

"Property" - TEST - relative interests of parties weighed.
legal proceeding terminating the rela bet the child and his biological parent (if nec) and est a new rel bet the child and his adoptive parents. Adoption is purely statutory.