Chapter 12 Review
Your Legal Vocabulary #1-15
1. Voiding a marital contract. C-Annulment
2. Marital union treated as a valid by the law until terminated at the option of one
or both parties due to improper grounds. Q-Voidable Marriage
3. Martial union considered invalid from the beginning. P-Void Marriage
4. Person who is married to two or more people at the same time. D-Bigamist
5. Court action terminating a marriage. J-Divorce
6. Divorce procedure in which no cause need be shown for termination of the
union. M-No Fault Divorce
7. Generally the first step towards a divorce. O-Separation
8. Care and control of a minor. E-Child Custody
9. Legal process that creates a parent-child relationship. A-Adoption
10. Legal union of a man and woman as husband and wife. I-Marriage
11. Martial relationship legalized by a couple holding themselves out as husband and
wife, sharing home and property for an extended period. H-Common Law
Marriage
12. Money paid by parent to provide child with economic maintenance. F-Child
Support
13. Mutual obligations of wife and husband undertaken to fulfill the purpose of their
union. K-Marital Consortium
14. Legal contract resolving property and other claims that might result from a
marriage. N-Prenuptial Agreement
15. Term in some states for ending a marriage. I-Dissolution
Review Your Legal Concepts #16-19
16. What are the advantages of parental control over when and to whom a child
marries? Parents see long-term issues, not just near horizon seen with the eyes
of the person in love.
17. What sort of “reasonable force” do parents have at their disposal for enforcing
their decisions against their children? Can they refuse to feed them, beat them,
or imprison them? The are of “reasonable force” is bounded by the extent of
what is legally defined as child abuse in a particular jurisdiction.
18. Why does the government require parental consent for marriages of persons
under 18 years of age? Graduated steps to the freedom of adulthood helps the
government control social problems.
19. What is the purpose of breach-of-promise lawsuits? To protect those who enter
into marriage contracts and allow them to recoup the expenditures in monetary
and other modes directed towards the upcoming union.
Think Critically About Evidence #23-27
23. Billy and his first cousin, Sally, were raised together as children. They have the same
values, got to the same school, have the same friends and are extremely happy
together. One day, Billy asks Sally for her hand in marriage. Sally says yes. They are both
17. What problems might they encounter in fulfilling their desires to marry? They are
underage and the marriage would be considered incestuous in most states because they
are first cousins.
24. Tom and Juanita are in a relationship. Several years into their relationship, Juanita
has a child by Tom. They do not marry, however. Now, Juanita has broke off their
relationship but expects Tom to help pay for the child’s support. Must he do so by law?
What rights does Tom have with the child? What interest does the government have in
making sure that someone has responsibility of the child? Yes. Tom legally is obligated
to help with the child’s support. He will receive in turn the right of visitation and
conference in decisions affecting the child’s well being and future. The government is
interested because it does not want to have to bear the responsibility for the child.
25. Alexandra and Thomas are engaged. Before they marry, Thomas meets Marcia and
falls in love with her. He then breaks off his engagement. Alexandria is humiliated by the
rejection. Further, she and her parents have already invested thousands of dollars in
wedding preparations. What legal cause of action might she have against Thomas?
Could she also sue Marcia in some states? Why? Breach of promise is possible cause of
action against Thomas. In a very few states a suit against Marcia for alienation of
affections is also possible.
26. Stephanie and Alfred moved to Missouri after 15 years of living in Oklahoma. All
during the time they were in Oklahoma, they held themselves out as husband and wife,
lived together, and shared common property. Now Alfred wants to leave Stephanie. He
has been the sole wage earner the whole time they have been together. Therefore, he
wants to take all the property except a bed and an old car. Stephanie believes that
Alfred owes her far more than that. She feels they have been married at common law
and, there fore she has the same rights as any other divorcing spouse. Alfred points out
that Missouri does not have common-law marriage, so she has no such rights. Who is
correct? The law of the state of Oklahoma will judge whether or not there has been a
common-law marriage. Then, by the due faith and credit clause of the Constitution, the
state of Missouri will have to recognize the result.
27. Antonio and Doris have been married a year when Antonio is injured in a freak
chemical accident that leaves him unable to conceive a child. Antonio has sued the
negligent pretties for his loss. What cause of action does Doris have stemming from the
same incident? Loss of Consortium