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Definition
| A declaration by a court that a valid marriage never existed. |
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| A declaration by a court that a validly-entered marriage is dissolved so that the parties are no longer married to each other. |
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| A declaration by a court that parties can live separately and apart even though they are still married to each other. |
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| A marriage that is invalid only if someone challenges it and a court declares it invalid. |
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| A marriage that is invalid whether or not a court declares it so. |
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| Void from the very beginning. |
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| Approval retroactively by agreement, conduct, or any inaction that can reasonably be interpreted as an approval. To Ratify |
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| The right to bring a case and seek releif from the court. |
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| Prevented from asserting a right or a defense because it would be unfair or inequitable to do so. |
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| Wrongdoing or other inappropriate behavior that would make it unfair or inequitable to allow a person to assert a right or a defense he or she would normally have. |
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| Acceptable reasons for seeking a particular result. |
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| Entering or attempting to enter a second marriage when a prior marriage is still valid. |
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(1) Multiple simultaneous marriages;
(2) Having more than one spouse at the same time. |
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| The presumption that a spouse is dead after being missing for a designated number of years. |
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(1) a presumption is an assumption of fact
(2) it is rebuttable if a party can introduce evidenct to try to show that the assumption is false. |
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| Sexual intercourse between two people who are too closely related to each other as defined by statute. |
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| Below the required minimum age to enter a designated relationship or to perform a particular task. |
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| The inability to have sexual intercourse, often to to an inability to achieve or maintain an erection. |
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Term
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| To engage in sexual intercourse. |
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| Inability to have children; infertile. |
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| To engage in sexual intercourse for the first time as spouses. |
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| Living together as husband and wife whether or not the parties are married |
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| A period of time during which a person has the mental capacity to understand what he or she is doing. The lucid interval occurs between periods of mental illness. |
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| Coercion; acting under the pressure of an unlawful act or threat. |
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| Knowingly making a false statement of present fact with the intention that the plaintiff rely on the statement. The plaintiff is harmed by his or her reasonable reliance on the statement. |
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| Did the matter go to the heart or essence of the relationship. |
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Definition
| If a specific event had not occurred, would the result have been different? |
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| The place where a person has been physically present with the intent to make that place a permanent home; the place to which one intends to return when away. |
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| The state where a person is domiciled. |
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| (1) The place where the parties are presently litigating their dispute. (2) A court or tribunal hearing a case. |
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| Die without leaving a will. |
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Definition
| To formally declare that children born out of wedlock are legitimate. |
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| Die leaving a valid will. |
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| Interspousal tort immunity |
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Definition
| One spouse cannot sue another for designated torts that grow out of the marriage relationship. |
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Term
| Married women's property Acts |
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Definition
| Statutes removing all or most of the legal disabilities imposed on women as to the disposition of their property. |
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Definition
| The transfer of an interest in land. |
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Definition
| An agreement between spouses while they are married. |
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Definition
| A transfer made to avoid an obligation to a creditor. |
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Definition
| The right of a widow to the lifetime use of one-third of the land her deceased husband owned during the marriage. |
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| The share of a deceased spouse's estate that a surviving spouse elects to receive in spite of what the deceased provided or failed to provide for the surviving spouse in a will. |
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Definition
| The right to take a designated share of a deceased spouse's estate in spite of what the latter provided or failed to provide for the surviving spouse in a will. |
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Term
| Bona fide occupational qualification (BFOQ) |
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Definition
| Sex discrimination that is reasonably necessary for the operation of a particular business or enterprise. |
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Term
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Definition
| The state of fetal development when the life of an unborn child may be continued indefinitely outside the womb by natural or artificial life-support systems. |
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Definition
| A court order requiring a person to do or to refrain from doing a particular thing. |
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| With only one party present when court action is requested. Ususlly the plaintiff or petitioner. |
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Definition
| Phychological helplessness because of a woman's financial dependance, loneliness, guilt, shame, and fear of reprisal from her husband or boyfriend who has repeatedly battered her in the past. |
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| An illegitimate child "the son [or child] of no one." |
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Definition
| The impregnation of a woman by a method other than sexual intercourse. |
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Definition
| The steps that enable an illegitimate child to become a legitimate child. |
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Definition
| A formal process to determine whether a particular man is the biological father of a particular child. |
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Term
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Definition
| (1) A Judicial determination of paternity. (2) the relation of child to father. |
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Term
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Definition
| alleged or reputed -assumed |
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Term
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Definition
| A special guardian appointed by the court to represent the interests of another. |
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Term
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Definition
| When a judgement on the merits has been rendered, the parties cannot relitigate the same dispute; they havev already had their day in court. |
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Definition
| The power of a court to render a decision that binds an individual defendant. |
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Definition
| A law that gives a court personal jurisdiction over a nonresident because of his or her purposeful contact with the state. |
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Definition
| The testimony of either spouse is inadmissible on the question of whether the husband had access to the wife at the time of conception if such evidence would tend to bastardize (declare illegitimate) the child. |
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Term
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Definition
| Genetic testing on deoxyribonucleic acid removed from cells. |
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Definition
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Definition
| Someone under the age of majority, which is ususlly 18 |
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Definition
| Become legally independent of one's parent or legal guardian. |
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Definition
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Term
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Definition
| To be prevented from asserting a right or a defense because it would be unfair or inequitable to do so. |
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Definition
| The basic items needed by family members to maintain a standard of living. |
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Term
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Definition
| For adults, it is the place where they have been physically present with the intent to make that place a permanent home. |
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Term
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Definition
| All the assets or property of a person that is available to satisfy that person's obligations. |
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Term
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Definition
| Standing in the place of (and able to exercise somme of the rights of) parents. |
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Term
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Definition
| The failure to provide support, medical care, education, moral example, or discipline. |
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Term
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Definition
| Physically harming a person other than by accident. |
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Term
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Definition
| A young person under a designated age whose conduct would constitute a crime if committed by an adult. |
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Definition
| A temporary home for a child when his or her own family cannot provide care and when adoption either is not possible at eh present time or is under consideration. |
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Definition
| An adoption in which a child is placed for adoption by a public agency responsible for adoptions or by an approved private adoption agency. |
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Term
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Definition
| An adoption in which a child is placed for adoption by its natural parent, often with the help of facilitators. |
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Term
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Definition
| An adoption that involves a payment beyond reasonable expenses in order to facilitate the adoption. |
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Term
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Definition
| TGhe adoption of a child by a partner (or cohabitant) of a natural parent who does not give up his or her own parental rights. |
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Term
| Subject matter jurisdiction |
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Definition
| the power of a court to hear a particulr category or kind of case. |
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Term
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Definition
| the selection of the court to try the case when more than one court has subject matter jurisdiction to hear that kind of case. |
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Term
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Definition
| A formal request that the court take some action. |
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Term
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Definition
| Demonstrating abuse or neglect that is substantially detrimental to a child. |
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Term
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Definition
| Legally dependent on one's parent or legal guardian. |
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Definition
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Definition
| A place where the father of a child can register so that he can be notified of a proposed adoption of the child. |
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Term
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Definition
| A central adoption file that could be used to release identifying information about, and allow contact between, adult adoptees and biological parents. |
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Term
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Definition
| A denial of consent to have contact between the adoptee and the biological parent, although permission for the release of identifying information might be given. |
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Term
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Definition
| An adoption in which the natural parent maintains certain kinds of contact with his or her child after the adoption. |
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Term
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Definition
| For purposes of inheritance, a child will be considered the adopted child of a person who made a contract to adopt the child but failed to go through the formal adoption procedures. |
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Term
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Definition
| A tort action seeking damages for wrongfully stating or failing to disclose to prospective adoptive parents available facts on the health or other condition of the adoptee that would be relevant to the decision on whether to adopt. |
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Term
| Assisted reproductive technologies (ART) |
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Definition
| Treatments or procedures in which eggs are surgically removed from a woman's ovaries and combined with sperm to help a woman become pregnant. |
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Term
| In Vitro Fertilization (IVF) |
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Definition
| The surgical removal of a woman's eggs and their fertilization with a man's sperm in a laboratory. |
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Term
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Definition
| A woman who is artifically inseminated with the semen of a man who is not her husband, with the understanding that she will surrender the baby at birth to the father and his wife. |
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Term
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Definition
| An individual who coordinates various service providers needed to accomplish a legal objective such as an adoption. |
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Term
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Definition
| A surrogate mother who is not geneticallyl related to the child that she bears. |
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Term
| Uniform Status of Children of Assisted Conception Act |
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Definition
The drafted act for use in any state related to surrogate parenting.
Alternative (A) regulates surrogate parenting
Alternative (B) bans all surrogate parenting. |
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Definition
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Definition
| A civil wrong that has caused harm to person or property for which a court will provide a remedy. |
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Definition
| A tort committed by one family member against another. |
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Definition
| A defense that prevents someone from being sued for what would otherwise be wrongful conduct. |
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Term
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Definition
| Insurance that pays the liability that is incurred by an insured to a third party. |
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Term
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Definition
| A tort seeking damages for wrongfully stating or failing to disclose to prospective adoptive parents available facts on the health or other condition of the adoptee that would be releveant to the decision of whether to adopt. |
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Term
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Definition
| A tort action for the loss of or the interference with the companionship, love, affection, sexual relationship and services that the plaintiff enjoyed with his or her spouse before the latter was wrongfully injured by the defendant. |
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Definition
| The right of a child to the normal companionship and affection of a parent. |
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Term
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Definition
| A tort action for the loss of or the interference with the right of a parent to the services and earnings of his or her unemancipated child because of the wrongful injury inflicted on teh child by the defendant. |
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Term
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Definition
| A statute that abolishes heart-balm actions. |
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Definition
| The person or organization that probably has sufficient resources to pay damages if a judgment is awarded by the court. |
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Term
| Parental responsibility law |
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Definition
| A statute that imposes vicarious liability (up to a limited dollar amount) on parents for the torts committed by their children. |
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Term
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Definition
| The owner of a car who makes it available for family use will be liable for injuries that result from an accident that is wrongfully caused by a member of the owner's immediate family while using the car with the owner's consent for a family purpose. |
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