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Chapter 9
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19
Law
Undergraduate 3
04/27/2011

Additional Law Flashcards

 


 

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Term
Family
Definition

1.)    generally defined by statues in operational terms, within a particular context(I.E. for purposes of specifying who is entitled to particular benefits). Traditionally families have been based on kinship, and defined as the “customary legal relationship established by birth, marriage, or adoption”.

Term
Common Law Marriage
Definition

1.)    Some jurisdictions recognize privately created, informal marriages by agreement that dispense with licenses and solemnization ceremonies.  The parties must have established the relationship of husband and wife, live together as a married couple, and present themselves to the world as being married.

Term
Agency Adoption
Definition

   The birth parents consent to the termination of their parental rights and surrdender the child to an adoption agency that selects the adoptive parent(s) and places the child.

Term
Independent Adoption
Definition

Takes place when the birth parent(s) themselves interview prospective adoptive parents and make a selection without agency involvement

Term
Community Property
Definition

1.)    A system used in some states when apportioning property between the parties in a divorce.  The earning of both spouses and property rights acquired with those earnings during the marriage are lumped together and each party receives a percentage of the whole.  States statues usually exclude from community property any rights acquired prior to marriage and spousal inheritances and gifts received during marriages.

Term
Annul
Definition
Appropriate when a marriage partner seeks to prove that no valid marriage ever existed.
Term
Legal Separation
Definition

1.)    Granted when lawfully married parties have actually separated and when adequate grounds for a legal separation have been shown.  The parties remain married to each other but live apart.  During the legal separation the possibility of reconciliation still exist, as does the option to proceed with a final divorce.  The separation period allows the estranged parties to try to work out their difficulties while living apart.  Also known as a mensa et thoro divorce

Term
Divorce
Definition
A term used to describe the entire process of concluding and reordering a couple’s marital, parental, and economic relationship.
Term
Bifurcation
Definition

Child custody, alimony, property division, and marriage dissolution are taken up separately by the court.

Term

Alimony

Definition
Court order requiring that an economically strong spouse pay financial support to an economically dependent spouse where it is necessary and appropriate.  Some jurisdictions deny alimony to a spouse whose marriage ended as a result of that person’s marital fault
Term
Permanent Alimony
Definition

1.)    Alimony that continues until the recipient dies or remarries.

Term
Rehabilitative Alimony
Definition

1.)    Awarded for a specific period of years and is intended to provide funds so that the recipient can obtain education or training that will strengthen the person’s job prospects.  

Term
Joint Custody
Definition

Court grants custody to both parents instead of just one.  Both parents share decision-making responsibilities in regard to their child’s upbringing.  The parents, although no longer married to each other, continue to share a family.

Term
Tender Years Doctrine
Definition
An outdated view that courts should generally award custody of young children to their mother.
Term
Best Interest of the Child
Definition

1.)    A rule requiring judges to show no gender preference and to act on ability to provide, and interest in providing, the child with love, a good home, food, clothing, medical care, and education

Term
Preferred Custody Statutes
Definition

1.)    Some states require that preference be given to a child’s primary caretaker, when the primary caretaker can be established.  Such an approach favors neither gender, and provides the child with continuity and stability in parenting.

Term
Equitable Distribution
Definition

1.)    An alternative method for apportioning property in a divorce.  The court ignores which party has title to marital property and based on the totality of the circumstances treats each divorcing party “fairly” after considering each party’s contributions, needs, and the duration of the marriage

Term
Separate Property
Definition

 

1.)    That which was owned prior to the marriage or was received as a gift or inheritance, is not subject to distribution.

 

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