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social science
family law

Questions and Answers of Family Law

Identify the factors the courts consider when determining whether or not a separation agreement is fair and reasonable.
Describe how most separation agreements are developed and identify the role commonly played by the paralegal.
Define “boilerplate.” Identify at least five sections of an agreement that generally consist of boilerplate.
Identify the major topics commonly addressed in separation agreements.
Describe the nature and purpose of a severability clause.
Distinguish between a separation agreement that merges into a divorce decree and one that survives as an independent contract, and explain the significance of the distinction.
Describe the various ways in which the courts become involved with separation agreements.
Define family law and identify the kinds of issues that are addressed in a family law practice.
Describe the role of a paralegal in a family law practice.
Identify the primary purposes of an initial client interview.
Describe the characteristics of effective fee agreements, and identify the various types of fee agreements that may be used in divorce cases.
Define unbundled legal services.
Identify the kinds of resources included in a basic family law library.
Define jurisdiction in both of its basic meanings.
Define and distinguish among subject matter, personal, and in rem jurisdiction.
Identify at least ten ethical “dos” that should guide the professional conduct of paralegals.
Define and give an example of the unauthorized practice of law.
Describe at least three kinds of conflicts of interest that paralegals encounter in the family law setting.
Describe the nature and purpose of an “ethical wall.”
Distinguish between the attorney-client privilege and the ethical rule of attorney-client confidentiality.
Describe the nature and purpose of a premarital agreement.
Identify reasons why an individual might want to have a premarital agreement.
Identify the requirements for a valid contract.
Define procedural fairness. What factors will a court consider in determining procedural fairness with respect to premarital agreements?
Define substantive fairness. What factors will a court consider in determining the substantive fairness of a premarital agreement?
Explain why one attorney should not represent both parties to a premarital agreement.
Identify the kinds of information that a client should be given by his or her attorney before entering a premarital agreement.
Describe the kinds of information that should be gathered in preparation for the drafting of a premarital agreement.
Identify the most commonly included provisions of a premarital agreement.
Identify some of the kinds of terms individuals may want to include in a premarital agreement that may not be enforceable and explain why. In this context, explain the importance of a severability
Describe the historical trend from non-enforceability to enforceability of premarital agreements. In this context, indicate the significance of the Posner case.
Explain the difference between a freedom to contract and a fairness approach to enforcement. In this context, what is the significance of the Simeone case?
What is the “second glance” or “second look” doctrine?
What is the position of the Uniform Premarital Agreement Act on enforceability of agreements?
Describe how the definition of marriage has evolved over the past 200 years.
Describe covenant marriage.
Describe a woman’s status in marriage under the common law.
Define “putative spouse” and discuss its significance.
Describe the purpose of a “married women’s property act.”
Identify the purpose of an action for breach of promise, and describe why such causes of actions were eliminated.
Describe the significance of the Supreme Court’s decision in Loving v. Virginia.
Distinguish between prohibitions against marriage based on consanguinity and affinity and give an example of each.
Identify the common technical requirements for a ceremonial marriage and indicate what the consequence commonly is for failure to comply with a technical requirement.
Identify the common requirements for a valid common law marriage.
Identify a minimum of six rights and benefits that flow from a valid ceremonial or common law marriage.
Describe the significance of the Goodridge case decided by the Massachusetts Supreme Judicial Court in 2003.
Distinguish same-sex marriage from other forms of marriage in its effect.
Identify the most common objections to same-sex mar- riage and the most common arguments favoring it.
Describe the position of the federal government with respect to same-sex marriage and identify the form in which it is expressed.
Describe the origins of annulment actions.
Define and distinguish between a marriage that is void ab initio and a voidable marriage, and give an example of each.
Identify the differences between an annulment and a divorce.
Describe the nature and purpose of a declaratory judgment in the context of annulment.
Identify the kinds of individuals who have standing to bring annulment actions.
Identify five grounds for annulment and give an example of each.
Identify five defenses to an annulment action.
What are the consequences of an annulment for the parties? For their children?
Describe the role of a paralegal in an annulment action.
Describe how society’s view of cohabitation has changed over the past three decades.
Identify some of the most common reasons why unmarried couples choose to live together.
Identify the primary differences between marriage and cohabitation.
Identify five documents cohabitants might execute in order to protect and provide for each other and define their respective rights and responsibilities.
Define cohabitation.
Identify the main provisions of a cohabitation agreement.
Describe the significance of the Marvin decision.
Respond to the following regarding domestic partnerships.a. Describe the common requirements for establishing a domestic partnership.b. Describe the most common benefits of a domestic partnership.c.
Respond to the following regarding civil unions.a. Describe the common requirements for entering a civil union.b. Describe the nature of the benefits of a civil union.c. Identify five states that
Identify the biggest drawback of domestic partnerships and civil unions in comparison with traditional marriage.
Describe the functional family approach as it would apply to resolution of a dispute between two former cohabitants.
Describe how the development of alternative models of nonmarital relationships has impacted many areas of substantive law.
Describe how the “culture of divorce” has changed over the past forty years.
Identify the four legal proceedings parties use to sepa- 13% rate from each other or dissolve their marriage.
Describe the major distinction in the effect of a religious and a civil divorce or annulment in the United States.
Distinguish between a divorce a vinculo matrimonit and a divorce a mensa et thoro.
Identify the primary purposes of a letter of engagement, a letter of nonengagement or declination, and a closing letter.
Identify the six most common dispute resolution options used in divorce cases. What are the primary differences among them (particularly with respect to the role of the attorney)?
Define subject matter, personal (in personam), and in rem jurisdiction in the divorce context and indicate how each is acquired by a court.
Identify the primary difference between a fault and a no fault ground for divorce.
Identify and describe the two primary no-fault grounds for divorce.
Identify and describe a minimum of four fault grounds for divorce existing in some states.
Identify a minimum of five defenses to a divorce action.
Describe the nature and purpose of a complaint.
Identify the primary ways of serving process.
Describe the nature and purpose of a long-arm statute.
Identify the two most common responses of a defendant to an action for divorce and indicate the differences between them.
Describe the nature and purpose of temporary orders.
Identify a minimum of five kinds of motions some- times filed in divorce actions while the litigation is pending.
Explain why a party might choose to file a motion on an exparte basis. Give an example.
Define "discovery." What is its purpose? What are the primary methods of discovery?
Describe the nature and purpose of a separation agreement.
Describe the nature and purpose of a pretrial memorandum.
Describe what happens at a pretrial conference.
Identify and describe the four major documents prepared and filed in anticipation of trial.
Describe the nature and purposes of Trial Notebooks.
Explain what a stipulation is and indicate its effect when introduced at a hearing or at trial.
Identify the most common kinds of divorce-related legal proceedings brought post-divorce.
Describe the role of the paralegal in the various stages of the divorce process.
Describe five of the ways in which the nature of family law practice has changed over the past fifty years.

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