Questions and Answers of Family Law

What purpose did adoptions serve in ancient Rome?
Why were adoptions not recognized under English common law?
When was the first adoption statute in this country passed? What factors prompted its passage?
What is an agency adoption?
What is an independent or private placement adoption?
What role do intermediaries play in independent adoptions?
What concerns have been raised about the potential for exploitation/ coercion in the context of independent adoptions? What solutions have been suggested?
What are some of the major differences between these two types of adoption?
Explain how safe haven laws work.
What role does consent play in an independent or private placement adoption?
What is the legal significance of relinquishment of a child to an adoption agency?
What happens if a parent wishes to revoke his/her consent to an adoption?
Why are states generally stricter about the revocation of a relinquishment made to an agency as compared to the revocation of consent?
What is the purpose of the home study? When is it usually done? What is usually inquired into?
Why has the home study process been subject to criticism?
During an agency placement, who usually has legal custody of the children?
Does the execution of the consent document effectively transfer parental rights over to the adoptive parents?
During the placement in an independent adoption, who has authority to make decisions regarding the child?
What is the purpose of a post-placement social study?
What standard does the court use in deciding whether to approve an adoption?
Why have adoptions traditionally been cloaked in secrecy? Why has this been challenged?
What is an open adoption?
What approaches do states take with respect to open adoption?
What typically happens to the original birth records and the adoption records once an adoption is approved? Why has this traditional approach been challenged?
What approaches do states take to provide children who have been adopted access to their birth records?
Following a stepparent adoption, what is the status of the custodial parent?
In what ways are co-parent adoptions similar to stepparent adoptions? In what ways are they different?
Explain the adoption rights of gay men and lesbians in each of the discussed types of adoption.
Historically, what rights did an unwed father have relative to the adoption of his child and why?
How are unwed mothers and unwed fathers treated differently with respect to consent rights? What accounts for this differential treatment?
Under what circumstances will an unmarried father be entitled to consent rights?
What did the Illinois appeals court decide in the Baby Richard case? What did the Illinois Supreme Court decide?
Historically, what accounted for the policy against transracial placements? When and why did this policy begin to change?
Under federal law, what role, if any, can race play in the adoption placement process?
How do courts generally respond when parents seek to undo an adoption?
Explain the concept of wrongful adoption. How does it differ from adoption abrogation?
Should persons who wish to become adoptive parents be screened and subject to either pre- or post-placement studies? Should we subject persons who wish to reproduce biologically to similar
The Baby Richard case raises difficult questions about the meaning of biological parenthood and the weight that should be given to this connection. Do you think Baby Richard should have been returned
If you were an adoptive parent, how would you feel about an open adoption plan that allowed the child to visit regularly with his or her birth parents? How would you feel about this if you were a
What role do you think race should play in the formation of adoptive families? What about the sexual orientation of the parents?
Do you think safe haven laws make sense? What arguments can you think of in favor of and against this approach?
This appeal presents the question whether adopted persons upon reaching adulthood ("adult adoptees") are constitutionally entitled, irrespective of a showing of cause, to obtain their sealed adoption
On January 28, 1999, A.M.H. was born. Shortly after the birth, the mother told the Mid-South counselor that A.M.H. was not to be placed for adoption... Instead, the parents desired help with the care
Appellant is the father of ARW, born in 2002. Appellees, DLP and MLP (Adoptive Couple), have been involved in ARW's life since she was three weeks old, when ARW's biological mother began living in
Why is it important to pay attention to cultural differences when interviewing a client?
Why is it important to acknowledge how a client is feeling at the initial interview?
What does the term "unauthorized practice of law" mean, and how does it limit your relationship with a client?
Why is maintaining client confidentiality so important?
What is meant by the term "active listening"?
What are the three stages of a client interview?
What are the benefits of asking open-ended questions during an interview?
What is the funneling process?
What purposes are served by the divorce complaint?
What are the basic component parts of a divorce complaint?
What are the possible consequences of failing to include something in a complaint?
What is a joint petition?
Explain what is meant by the term "venue."
What is a summons?
What is meant by the term "service of process"?
Why is it important to try to personally serve a defendant?
What are the ways in which service can be accomplished?
What is "return of service"?
What happens if a divorce defendant does not respond to the complaint in a timely fashion? How is this different from other civil actions?
What are the component parts of an answer?
Why is it generally advisable to file an answer?
What is a motion to dismiss? When might a defendant file one?
Describe the five available discovery procedures.
What potential "traps for the unwary" need to be kept in mind when responding to a request for electronically stored information?
Describe some of the key ways in which paralegals can assist with discovery.
What is a protective order, and when may a party seek one?
What can a party do when the other side fails to respond to discovery requests?
What is a motion? Why would a party file one?
When would a party file a motion ex parte?
What happens to temporary orders once a divorce judgment is entered?
Can a temporary order be appealed? Why or why not?
What is an affidavit?
Describe each of the three dispute resolution approaches, and explain what the key differences are among them.
Why do some people argue that mediation is not appropriate in cases where there has been domestic violence?
Explain the differences between the two important approaches to mediation, the problem-solving model and the transformative model.
Describe the four stages of mediation (using the problem-solving).
What is e-mediation? What possible advantages does it offer over faceto-face mediation? What are its possible limitations?
What is a collaborative divorce? How is it similar to and different from other alternative dispute resolution approaches?
Explain what is meant by the term "unbundled" legal services.
What is a separation agreement?
What are the benefits of spelling out the custody and visitation arrangements?
What are the most common ways for real estate to be disposed of?
With respect to the allocation of joint debts, why might a spouse be called on to pay a debt allocated to the other party in a separation agreement?
What are meant by the terms "incorporation," "merger," and "survival as an independent contract" as used in separation agreements?
What takes place at an uncontested hearing?
What does a judge look at when reviewing an agreement for procedural fairness? for substantive fairness?
How does a trial in a contested case differ from an uncontested hearing?
What purpose is served by a pretrial conference?
What is a motion for a new trial?
What is a motion for relief from judgment?
What is the primary focus of an appeals court when reviewing a lower court decision?
Outline the steps involved in bringing an appeal.
How do modification and contempt actions differ from other postjudgment procedures?
Assume that you are conducting an initial client interview with a client who is involved in a custody dispute with her husband, and that you become fairly certain the client is lying to you. What do
Do you think the discovery process should be as open-ended as it currently is? Why or why not? Are there ways it could be limited without interfering with a party's ability to prepare a case?
Is it fair to require one party to pay the other side's attorney where there is a disparity of income? Why or why not?

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