Street Law Exam



Name:_______________________ Period:_______

Street Law Exam

Family Law (Spring ‘18)

WRITE THE LETTER OF THE MOST CORRECT ANSWER IN THE BLANK NEXT TO THE CORRESPONDING NUMBER ON YOUR ANSWER SHEET.

1. The elements of “Common Law marriage” include:

A. Cohabitation, presentment to others as husband and wife & having children together

B. Offer to be married, marriage ceremony & cohabitation

C. Agreement to be married, cohabitation & presentment to others as husband and wife

D. Presentment as husband and wife, obtaining a marriage license and official ceremony

2. During all Americans lives,_____ of them will ultimately marry. Of those,_____ will end in divorce.

90%; 50%

B. 50%; 90%

C. 30%; 75%

D. 75%; 25%

3. A majority of states require all the following acts to be “officially” married EXCEPT:

A. Obtaining a Marriage License

B. Marriage Counseling

Waiting Periods

D. Marriage Ceremony

4. John is married to his childhood sweetheart Sue at age 19. After 6 months, they break up, but aren’t divorced, and John moves to New York. He then meets and marries Sally. John is guilty of:

A. Fraud

B. Common Law Marriage

C. Incest

D. Bigamy

5. In Texas, you are prohibited from marrying your:

I. brother or sister

II. aunt or uncle

III. first cousins

IV. nieces or nephews

A. I & IV only

B. I & II only

C. I, II, III & IV

D. III only

6. If you and a friend get married while the two of you are so drunk that you don’t know what you are doing, you can have the marriage annulled based on:

A. Your close relationship.

B. Lack of consent.

C. Inappropriate age differences.

D. Negligence of pastor in performing the marriage.

7. Property owned prior to marriage or acquired during marriage by gift or through inheritance is called:

A. separate property B. community property

C. different property D. single property

8. John and Sally get married in Texas. Two years later, John uses money from his paycheck to buy a lottery ticket which wins $6.5 million. Under community property laws, how much of the lottery winnings is Sally entitled?

A. None. John bought the ticket with his paycheck.

B. All of it.

C. One-half.

D. Three-fourths.

9. According to ancient principles of marriage, there was a special relationship between the husband and wife. As such,

A. a husband could not be guilty of raping his wife.

B. a wife had claim to all property owned by her husband.

C. a husband could not enter contracts without his wife’s knowledge.

D. wives could not remain silent in legal proceedings involving their spouse.

10. You are married and your spouse dies. In your spouse’s Will, they leave everything to a “Special Friend” with whom they have been having an affair for the last 2 years. Which of the following accurately describes your legal rights?

A. Because of your spouse’s bigamy, the Will can be annulled.

B. You get everything. A Will leaving property to a non-spouse will not be enforced.

C. A person can give their property to whoever they want. You have no claim to any of the property.

D. You can claim a “spousal election” and keep your half of the property.

11. Parents have a duty to support and supervise their children until they are 18 unless the child becomes:

A. A member of the U.S. military.

B. Legally married.

C. Emancipated.

D. All of the above.

12. Failure to properly clothe, feed, shelter, educate or tend to the medical needs of a child is considered:

A. Neglect of a Child.

B. Child Abuse.

C. Contributing to the Delinquency of a Minor.

D. A Child in Need of Supervision (CHIN).

13. Adultery, Desertion and Physical Cruelty are all examples of:

grounds of a no-fault divorce.

A. grounds for annulment.

B. fault for divorce.

C. grounds for termination of parental rights.

14. You are the mother of 3 young children. Your husband decides to leave you and marry his secretary. In a divorce, under what ancient principle of child custody would you obtain possession of the children?

tender years doctrine

A. best interest of the child standard

B. doctrine of necessities

C. community property

15. A court order declaring that a marriage never existed is called a(n):

A. divorce B. marriage license

C. annulment D. separation

16. A court order that ends a valid marriage is called a(n):

A. divorce B. marriage license

C. annulment D. separation

17. A legally recognized marriage without a formal ceremony or license is called a(n):

A. Community Marriage B. Family Marriage

C. Bigamist Marriage D. Common Law Marriage

18. The crime of trying to marry while already being married is:

A. Fraud B. Bigamy

C. Incest D. Annulment

19. After the case of Obergefell v. Hodges (2015), a marriage can take place:

A. only between a man and a woman.

B. between any two consenting adults, regardless of sex.

C. between two or more consenting adults.

D. between consenting adults, regardless of relationship.

20. The modern legal standard for determining custody of children is:

A. blended family doctrine B. tender years doctrine

C. best interest of child D. joint custody

21. Alimony is:

A. money paid to support either an ex-wife or ex-husband after divorce.

B. money paid to support either an ex-wife or ex-husband before divorce.

C. money paid to support only an ex-wife after a divorce.

D. money paid to support children after a divorce.

22. If a defendant objects to claims in a complaint in a divorce action, it is known as:

A. an uncontested divorce.

B. a covenant marriage.

C. a no-fault divorce.

D. a contested divorce.

25. In Texas, your parental rights can be terminated for all of the following reasons, EXCEPT:

A. Failure to Support a Child

B. Placing a Child in a Dangerous Situation

C. Leaving a Child with Another and expressing an Intent not to return

D. Failure to Ensure Child attends School, instead of just being brought on charges.

26. The legal definition of families __________.

a. is the same in all states

b. varies depending upon the law

c. has only changed in the past ten years

d. is a precise term, with common definitions

__________ is NOT a requirement for a formal marriage.

a. Premarital counseling

b. A blood test

c. A marriage license

d. A wedding ceremony

2. Marriage is a(n) __________ between two persons who agree to live as husband and wife.

a. lease

b. contract

c. set of nonbinding promises

d. expectation

3. Marrying or having sexual relations with a close relative is a crime known as __________.

a. bigamy

b. underage intercourse

c. sexual offense

d. incest

4. Sasha had her marriage to Jacob annulled. When she lists her marital status on an employment form, she can say she is __________.

a. single, never married

b. single, divorced

c. separated

d. married

5. One requirement for a common-law marriage is __________.

a. a blood test

b. a marriage license

c. an agreement to be married

d. a wedding ceremony

6. If a couple creates a common-law marriage in a state that recognizes them as legal, __________.

a. the marriage will be illegal in states that do not recognize common-law marriages

b. the couple must get a divorce to end the common-law marriage

c. the spouse will not be entitled to federal benefits in the same way as couples married in a wedding ceremony

d. the surviving spouse will not have rights to inherit from the deceased spouse unless there is a will

7. In states that still retain the traditional rule that a husband has a legal duty to provide his wife with necessities, if the husband fails to do this, the wife __________.

a. must do without these items

b. must get a job and pay for them

c. must get government benefits

d. may purchase these items and make her husband pay

8. Any property that a person owned before marrying __________.

a. belongs to both spouses equally

b. belongs only to the person who owned the property before marriage

c. becomes community property

d. becomes marital property

9. The law requires that children in a marriage have __________.

a. their father's last name

b. their mother's last name

c. the last name of both their father and mother

d. any surname the parents choose

10. Domestic violence __________.

a. is related to poverty and lack of education

b. affects men in equal numbers as women

c. affects an estimated 4,000,000 women each year

d. is less likely to result in serious injuries than assaults committed by strangers

The law can force people against their will to __________.

a. get married

b. get divorced

c. have children

d. support their children

2. Children may be emancipated by all of the following EXCEPT __________.

a. running away

b. getting married

c. reaching adulthood

d. petitioning the court after becoming self-supporting

3. Parents are NOT legally required to __________.

a. provide medical care for their children

b. pay for college tuition

c. make sure their children attend school

d. discipline their children

4. Jeffrey continually disobeys his parents and runs away. He may be charged with __________.

a. a crime

b. a status offense

c. a violation of the civil code

d. a rule violation

5. An argument in support of parental responsibility laws is that they __________.

a. shift responsibility away from children

b. have a greater adverse effect on single parents

c. further the conflict between parent and child

d. require parents to fulfill their duty to supervise their children

6. Patricia, age 13, inherits $10,000 from her grandmother. Patricia __________.

a. does not have the right to stop her parents from spending the money as they choose

b. does not have the right to stop her parents from spending the money on family needs

c. has the right to get the money now and spend it

d. has the right to have the funds set aside in a bank account until she reaches adulthood

7. Maloit eats a macrobiotic diet. Her 3-year-old daughter has been hospitalized for severe malnutrition because of this diet. Maloit has committed __________.

a. the crime of assault

b. child abuse

c. child neglect

d. no violation of the law

8. Mishra, a social worker, notices that young Henry has a major bruise and reports him to the child welfare agency. It turns out that there is no child abuse. Mishra __________.

a. had no duty to report child abuse

b. can be sued for making a false report

c. cannot be sued because she made a good faith report of abuse

d. cannot be sued even if she knew it was not a case of child abuse

The primary goal of foster care is __________.

a. termination of parental rights

b. family reunification

c. kinship care

d. adoption by the foster family

2. What argument supports opening court records to adopted children who want to find out about their birth parents?

a. The birth parents have a right to privacy.

b. The choice should be left to the birth parents.

c. Adoptees want to learn about the medical history of their birth parents.

d. The adoptive parents want to protect their adopted children.

3. When children in foster care cannot be placed in a permanent home, the children __________.

a. stay in foster care until they turn 25

b. stay in foster care until they are emancipated

c. are placed in group homes

d. are adopted

4. What is a reason that an adult could not adopt a 14-year-old child?

a. The child does not consent.

b. The child is a different race.

c. The child is a different religion.

d. The child has serious health problems.

5. An adoption becomes final when __________.

a. a court approves the adoption

b. the mother consents to the adoption

c. a public agency identifies a suitable parent

d. a specified waiting period has ended after the court approval

6. __________ is a woman, other than a wife, who agrees to be artificially inseminated with the husband's sperm.

a. A surrogate mother

b. A foster mother

c. An adoptive mother

d. A kinship mother

7. An argument to support the adoptive family in keeping the Scarpetta child they adopted is __________.

a. Ms. Scarpetta was under great pressure when she placed the child for adoption

b. Ms. Scarpetta was not capable of giving informed consent

c. the adoptive family may be better parents, but they shouldn't get rights ahead of the birth mother

d. Ms. Scarpetta freely gave up her child and the agency acted properly in getting her consent

When a married couple separates, they __________.

a. are free to remarry

b. are not free to remarry

c. do not have legal and financial responsibilities for each other

d. must file their division of property with the court

2. When parents divorce, they __________.

a. have no further legal obligations for each other and the children

b. may still have legal obligations for each other and the children

c. may remarry only after a cooling-off period

d. can delay the decision about how to divide the property and debt

3. __________ is NOT an example of a fault traditionally required to obtain a divorce.

a. Mental cruelty

b. Irreconcilable differences

c. Adultery

d. Insanity

4. In states with no-fault divorces, the petitioning spouse must show __________.

a. physical cruelty

b. desertion

c. adultery

d. irreconcilable differences

5. The easiest divorce to obtain is __________.

a. one following a covenant marriage

b. a fault-based divorce

c. a no-fault divorce

d. one following adultery by one spouse

6. Child custody is decided on the basis of __________.

a. the child's wishes

b. the best interest of the child

c. the financial ability of the one parent to provide a stable home

d. the emotional ties of the mother to the child

7. Joint custody means that __________.

a. the noncustodial parent will pay child support

b. the noncustodial parent will have visitation

c. both parents have full responsibility for and an equal say in parenting decisions

d. one parent gets one child and the other parent gets the other child

8. When deciding whether to order alimony, a court will consider all of the following factors EXCEPT __________.

a. the needs of the spouse seeking alimony

b. the couple's standard of living during marriage

c. the financial status of both spouses

d. the premarital standard of living for the spouse seeking alimony

9. Nothing in the child support portion of Mathilda and Josiah's divorce decree says anything about paying for child support if their son goes to college. The son has a right __________.

a. to have the noncustodial parent pay for college

b. to no child support for college

c. to petition the court to force the noncustodial parent to pay child support for college

d. to require the custodial parent to sue the noncustodial parent for child support for college

10. Stepparents become full parents of stepchildren when they __________.

a. marry the custodial parent

b. act as a parent to the stepchildren

c. hold themselves out as common-law parents

d. adopt the stepchildren

SHORT ANSWER:

1) List five resons for annulment to be granted.

2) Name three ways a minor can be emancipated.

3. Based off of what we have studied, including Obgerfell and Loving, who has the right to marry?

OPINION:

1) What is your opinion about interrace and inter-religion adoption. Back up your opinion with facts.

2. What is your opinion on arranged marriages? Back it up.

EXTRA CREDIT:

1) Who was the first female Supreme Court Justice?

Which program benefits Americans at all income levels?

a. Temporary Assistance to Needy Families

b. Medicaid

c. Medicare

d. food stamps

2. Social Security offers all of the following types of benefits EXCEPT __________.

a. retirement benefits

b. disability benefits

c. survivor's benefits

d. food benefits

3. What criticism was NOT made about the former welfare program, Aid to Families with Dependent Children?

a. It discouraged people from working.

b. It broke up the family.

c. It cost too much.

d. It was not the government's responsibility.

4. Which provision is NOT a part of Temporary Assistance to Needy Families, the new welfare program?

a. After receiving aid for two years, most recipients must work or go to school at least 20 hours per week or lose their benefits.

b. Recipients receive one year of health care benefits when transitioning from welfare to work.

c. Legal immigrants may receive benefits.

d. When an adult in a family has received benefits for five years, no further cash aid is available.

5. Income tax benefits include each of the following EXCEPT __________.

a. earned income tax credit

b. tax credits for families with adult children

c. tax credits for families with minor children

d. deduction of mortgage interest

6. Which of the following people would not automatically be covered by Medicare?

a. people of any age suffering from tobacco-related illnesses

b. people of any age with permanent kidney failure requiring dialysis or a transplant

c. certain disabled people

d. people age 65 and older

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