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75 Cards in this Set
- Front
- Back
3 ways to legally dissolve marriage
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1. annulment
2. seperation 3.divorce |
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common law marriage meets 3 conditions
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1. must live together legally
2. must verbally affirm to each other that they are married 3. must present themselves to community as husband and wife |
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primary grounds for annulment
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bigamy
- void marriage, marriage prohibited by law - duress -fraud -pregnancy by someone other than husband - incurreable venereal disease - mental illness at the time of marriage - physical incapacity |
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divorce may be granted on grounds
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-fraud
-duress -adultry -cruelty -desertion -alcohol or drug addiction -failure t provide support -felonly conviction by spouse |
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condonation
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forgiveness for actions
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alternative defenses to divorce
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-connivance
-recrimination |
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to help decide custody issues courts consider
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-financial physical and emotional soundness of the parrent seeking custody
- physical well being of their children -emotional social and economic well-being of children - the children's own wishes |
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family law
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branch of legal practice that deals with domestic relations
marriage, divorce, support, custody and adoption |
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family
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group of persons living under 1 roof and 1 chief person or head
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family court
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issues involving domestic relations brought before this branch of court
jurisdiction varies from state to state |
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A. israelii causes what?
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oral/facial abscesses that drain through sinus tracts in the skin
"famer's lung": Inhalation of actinomycete spores. It is a type III (early) and IV (late) hypersensitivity pneumonitis. Since it involves type III and IV, granuloma formation can occur. |
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wedlock
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state of marriage
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spouse
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person joined in marriage
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support
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provision for financial or material maintenance
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curtesy
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right of one spouse to use and enjoy other's property
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consortium
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rights in wedlock both spouses agree to
companionship, love, affection, assistance, comfort, cooperation, and sexual relations |
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loss of consortium
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loss of duties and rights thru injury or choice
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bigamy
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law prohibits marriage between close blood relatives or attempt to enter a new marriage contract while legally married to another person statute as crime
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solemnize
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states require officially designated authorities to join the 2 parties together in front of witnesses by performing a formal ceremony
often called ceremonial marriage |
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solemnization of marriage
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performance of ceremony itself
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marriage license
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formal state authorization allowing the couple to marry
some states requiare blood test for certain disease before license can be obtained |
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marriage certificate
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issued as proof that the marriage has been formally solemnized
signed by person who performs ceremony, spouses, and witnesses |
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marital agreement
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(prior to marriage- entered into)
additional contract that establishes financial and property arrangements between spouses during marriage or in event of divorce or death |
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prenuptial or antenuptial agreement
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agreement entered into prior to
marriage |
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post nuptial
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agreement entered into after marriage
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common law marriage
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marriage not solemnized thru formal ceremony
Many states don't recognize these marriages others same legal effect as ceremonial marriage |
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co-habitation
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live together
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annulment of marriages
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court order or deree declaring that no valid marriage ever existed
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seperation of spouses
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aka divorce from bed and board
doesn't terminate marriage contract but rather formally recognizes an end to co-habitation and determines issues related to property, support and children |
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Primary TB (nonimmune host, usually child)
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Hilar nodes
Ghon focus, lower lobes = Ghon complex |
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disertion
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a willful permanent departure of 1 spouse without consent of the other or without having been wronged by other
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cruelty
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infliction of physical or mental pain or distress
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adultry
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intimate relations with person other than spouse
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divorce
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formal termination of marriage
aka dissolution of marriage must be decreed by court |
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absolute divorce or divorce a vincula matrimonli
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decree dissolves the marriage contract due to misconduct ie fraud, duress, adultry, cruelty, disertion, alchol or drug adiction, failure to provide support or felonly convictin of one spouse
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candonation
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defendant of divorce action may arge that spouse initiating the action forgave the conduct introduced as grounds for divorce
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connivance
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an argument that spouse suing for divorce assisted in the accomplishment of misconduct
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recrimination
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an argument that spouse bringing suit is also guilty of conduct that serves as grounds for divorce
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no-fault divorce
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statutes which allow the dissoltion of marriage without introducing fault
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incompatibility
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profound personality conflict that offers no hope for reconciliation
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reconciliation
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a renewal of friendly relations
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irretrievable breakdown of the marriage or irreconcilible differences
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discension and conflicts of personality that have beyond reasonable expectation of reconciliation
may also serve as grounds for no-fault divorce |
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foreign divorce
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travel to another state or country to get/obtain divorce
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alimony
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an allowance for support and maintenance awarded to a divorced spouse and paid in regular installlments
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palimony
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a form of alimony awarded following termination of common law marriage or other long term co-habitation
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arrears
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alimony and other support payments past due
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merger in judgement
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support payments establishe4d under seperation are cancelled and replaced by alimony awarded thru this court action
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community or marital property
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issues involved in shared property
shared property community property consists of earnings or property acquired by either spouse during marriage some states held equally |
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deed of partition
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real pro;erty split into seperate lots
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equitable distribution
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certain states allow the court to distribute all community property on a fair and equitable basis
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child support
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financial support contributing economic maintenance and educatin of child
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paternity suit or affiliation proceeding
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legal action that may be brought in order to establish paternity and compel the father pay support
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child
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not strictly defined by courts but usually synonymous with legal definition of infant
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paternity
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fatherhood
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HLA test
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test for similarity of leukocyte antigens to determine paternity
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custody
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care control and daily maintenance of children
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temporary custody of children
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granted to one parent on short term basis pending the outcome of a divorce or seperation in action
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sole custody
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single parent
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visitation
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in sole custody other parent has right to spend time with child at times and places agreed upon by parents or court ordered
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divided custody
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court may order child to live with each parent part of the year
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joint custody
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arrangement with both parencts to share responsibility of maintenance and education of child
and jointly make decisions about child welfare |
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physical custody
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parent w/ who child primarily resides has this
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surrogate motherhood
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a woman who agrees to carry a child of another woman or of a man married to another woman
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child stealing or parental kidnapping
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parent abducting child who is in custody of another parent - crime
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child abuse
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bringing physical, sexual, verbal or emotional harm to a child neglect too
crime |
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child abuse reporting acts
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state statutes that legal oblicate doctors, social workers, teachers and other health or public officals to report suspected incidents of abuse
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guardian ad litem
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close relative or public employee to act as this to protect childs interest during litigation can be apointed if parents deceased or incomacitated
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juvenile court
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juristiction over matters relating to children
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juvenile
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all children under the age of majority
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juvenile offender
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legal term used to describe a child who breaks the law
court may also have jurisdiction to place child in temporary home |
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foster care
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temporarily placement of child in home of adult or family unrelated by blood
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foster child
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child placed in foster care
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foster parent
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each adult charged with temporarily providing care
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adoption
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permanent establishment of parent/child relationship by process of law
legal process rights and responsibilities transfer biological parents to adoptive |
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equitable adoptio
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a child may legally enforce a promise to adopt him or her at least to degree that inheritance rights are guaranteed by person who made promise
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