Intro To Law Final

Front 1

What is a common law marriage? What are the typical requirements that make it a valid marriage in states that still recognize it (including Texas)?

Back 1

informal marriage recognized by law.
1) Eligible to marry +
2) Intend to be husband and wife +
3) Voluntarily lived together +
4) Hold themselves out as husband and wife

Front 2

What are the legal requirements for a valid marriage in Texas?

Back 2

Age: at least 18
license: issued by state
Ceremony: within 30 days of license

Front 3

What was the “unity concept of marriage”?

Back 3

Married couple is legally one person

Front 4

What are “domestic partnerships”?

Back 4

marital benefits for couples that live together without being married. hetero and homo

Front 5

What is the current status of same-sex marriage?

Back 5

Most states don't permit. number growing. several states allow civil unions

Front 6

What is DOMA, and what did the Supreme Court recently rule regarding this legislation?

Back 6

Marriage is between a man/woman +
Bars same-sex couples from receiving federal benefits
States can’t be forced to recognize same-sex marriages from other states
Supreme court ruled unconstitutional

Front 7

What is an annulment as opposed to a divorce?

Back 7

Order declaring a marriage did not exist

Front 8

What is meant by the term “no fault divorce”? How does it differ from the previous statutes requiring that a spouse prove a specific type of “fault” in order to obtain a legal divorce?

Back 8

Spouse seeking a divorce merely has to assert “Irreconcilable differences”

Front 9

What did the Supreme Court rule in Orr v. Orr (1979)?

Back 9

SCT held the Alabama statute imposing alimony only on men = unconstitutional – violates equal protection

Front 10

What is a property settlement agreement aka separation agreement?

Back 10

Negotiated btw. H/W – written and signed. if no agreement goes to court

Front 11

What is the difference between equitable distribution of property and community property?

Back 11

1) Equitable distribution:
divided equitably =
Not necessarily 50/50, parties retain their separate property
2. Both spouses acquire an equal interest in all property acquired during marriage = 50/50 split

Front 12

In a community property state (like Texas), what automatically happens to the community property distribution when one of the spouses dies?

Back 12

½ the MP automatically goes to spouse;
other ½ > passes according to testator’s will or by intestate succession

Front 13

What was the “tender years” presumption?

Back 13

presumption (under 12 yoa) =
Mother’s presence was essential for physical & emotional well being of minor children

Front 14

What is the primary requirement for a modification of child custody and/or child support?

Back 14

Requires a substantial change of circumstances or
agreement of the parties and the court

Front 15

What are the circumstances in Texas under which a court is allowed to grant grandparents visitation rights?

Back 15

if visitation is in the child's best interest, and one of the following circumstances exists:
The parents divorced;
The parent abused or neglected the child;
The parent has been incarcerated, found incompetent, or died;
A court-order terminated the parent-child relationship; or
The child has lived with the grandparent for at least six months

Front 16

What are the UCCJEA and the PKPA?

Back 16

must file for custody in child's home state

Front 17

What are the ways in which child support orders can be enforced?

Back 17

agreed upon or withheld from the noncustodial parent’s income by their employer

Front 18

What is the presumption of legitimacy?

Back 18

1) child born in wedlock – presumed legitimate
2) child conceived prior to marriage is legitimate if born after marriage
3) child born w/in gestational period after Dad’s death = legitimate

Front 19

What are the rights and duties which are taken away when parental rights are terminated?

Back 19

Support
Inheritance from the child
Decision-making:

Front 20

What did the Supreme Court rule in Roe v. Wade (1973)?

Back 20

The 3 judge Dist. Ct panel ruled the law prohibiting abortion was vague, overbroad and infringed on 9th & 14th A

Front 21

What did the Supreme Court rule in Planned Parenthood v. Southeastern Pennsylvania v. Casey (1992)?

Back 21

Upheld: prohibiting states from barring abortion prior to viability, but
Overruled two key aspects of Roe:
1) the trimester distinction, and
2) the use of strict scrutiny for judicial review of government regulations of abortions

Front 22

What did the Supreme Court rule in Gonzales v. Carhart (2007)?

Back 22

Partial birth abortion is bad

Front 23

What did the Supreme Court rule in the Baby M case?

Back 23

sct ruled that surrogate contract "baby selling" but still gave custody to the adoptive parents w visitation rights to the bio mom

Front 24

What is a contingency fee arrangement in a civil lawsuit?

Back 24

client paying court costs
the lawyer retaining a percentage of all sums recovered as a result of negotiations or trial,
no fee if the suit is unsuccessful

Front 25

What are the different types of monetary damages that a plaintiff may seek in a civil lawsuit?

Back 25

Reimbursment
loss of consortium

Front 26

When an individual is sued over an incident (for example, a car wreck), and he/she is insured, how are they typically represented in court?

Back 26

insurer must provide a defense to the suit and either settle or pay damages resulting from court action to the extent stipulated in the policy

Front 27

What grounds are alleged in a typical Motion to Dismiss a civil lawsuit?

Back 27

Alleges that Ps do not have a proper jx basis or
Their complaint does not state a cause of action against D

Front 28

What is the purpose of an attorney taking depositions in discovery prior to the trial of a civil lawsuit?

Back 28

gain information

Front 29

What are the two types of challenges to potential jurors that attorneys may utilize in voir dire?

Back 29

Peremptory Challenge. lawyers get a set number of these
Challenges for cause:
Have a relationship to the parties or their lawyers or their bias would prevent them from being impartial

Front 30

What is the primary difference in the types of questions that attorneys ask in direct examination as opposed to cross examination?

Back 30

direct examination- p. establish facts
cross examination- d. challenge question these facts. clarify

Front 31

What is a Motion for JNOV?

Back 31

Requests that the tct set aside the verdict because it is “against the great weight and sufficiency of the evidence” Rarely granted

Front 32

What are the various types of issues commonly considered in an appeal?

Back 32

Sufficiency of the evidence
Procedural irregularities
Rulings during or prior to trial
Evidentiary rulings
Awards of damages (civil)
Legality of sentence imposed (criminal)

Front 33

What is the purpose of the federal antitrust laws?

Back 33

Designed to protect free competition by preventing monopolies and practices that restrain trade

Front 34

Microsoft was sued twice by the federal government via the antitrust laws. What happened in each of those lawsuits?

Back 34

The first time, they were cool as long as they calmed their **** on the anti competitive stuff.
the second time, they were ruled a monopoly and ordered to break into 2 but this was appealed and reversed.

Front 35

What is the Federal Reserve System?

Back 35

acts as this nation’s central bank,
12 Federal Reserve Banks located in major cities throughout the country

Front 36

What was the purpose of the Securities Exchange Act of 1934?

Back 36

Established the Securities and Exchange Commission to enforce legislation and set standards for fair dealing and trading in securities

Front 37

What are the differences between Medicare and Medicaid?

Back 37

medicare is for old people and medicaid is for poor people

Front 38

What unemployment compensation was created by the Social Security Act of 1935?

Back 38

federal program to provide temporary benefits to workers who become unemployed through no fault of their own

Front 39

What was the intent and result of the Responsibility and Work Opportunity Act of 1996?

Back 39

5 years is the maximum a recipient can be paid from federal funds
Recipients must demonstrate that they are making reasonable efforts to secure employment and must avail themselves of job training programs

Front 40

What was the significance of the Title II of the Civil Rights Act of 1964?

Back 40

prohibited racial discrimination in places of public accommodation that affected interstate commerce, including restaurants, stadiums, theaters, as well as motels or hotels with more than five rooms

Front 41

What was the primary purpose of the Fair Housing Act of 1968?

Back 41

Anyone selling or renting a house or apartment through a licensed agent became subject to penalties by refusing to sell or rent the unit on the basis of race, color, national origin or religion

Front 42

What was the Voting Rights Act of 1965?

Back 42

Outlawed literacy tests as a condition of voting
Had a triggering mechanism by which federal registrars would be sent to any county in which fewer than 50% of the voting age population were registered to vote

Front 43

What was the primary result of Title IX of the Federal Education Act of 1972?

Back 43

Authorized withholding of federal funds from educational institutions that engage in gender discrimination

Front 44

What is the Resource Conservation and Recovery Act (RCRA) of 1976?

Back 44

to establish standards and provide for civil and criminal enforcement of state hazardous waste regulations

Front 45

What is the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980?

Back 45

purpose is to finance cleanup and provide for civil suits by citizens