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1Once a couple has entered a legal marriage, do the spouses hold rights and obligations toward each other as spouses in addition to retaining their ...
Once a couple has entered a legal marriage, do the spouses hold rights and obligations toward each other as spouses in addition to retaining their own rights as individuals?2At common law, did a wife have a duty to support her husband?
At common law, did a wife have a duty to support her husband?3What is the legal doctrine that requires spouses to provide for each other’s financial needs, sometimes even after they separate or divorce?
What is the legal doctrine that requires spouses to provide for each other’s financial needs, sometimes even after they separate or divorce?4May one spouse be required to carry the other spouse on her health insurance?
May one spouse be required to carry the other spouse on her health insurance?5A man and woman were married. The husband moved out of the marital residence and removed his wife from his health-insurance policy. Two weeks later...
A man and woman were married. The husband moved out of the marital residence and removed his wife from his health-insurance policy. Two weeks later, the wife was seriously injured in an automobile accident. The husband moved back into the marital residence but never added his wife back onto his health-insurance policy. The wife had medical bills of $50,000 from her health care provider. May the health care provider collect payment of the $50,000 from the husband for the wife’s medical bills?6In most jurisdictions, is marital property defined as property acquired by either spouse from the marriage date until the time of separation?
In most jurisdictions, is marital property defined as property acquired by either spouse from the marriage date until the time of separation?7In most jurisdictions, does the spouse who holds title to property during a marriage own and control that property?
In most jurisdictions, does the spouse who holds title to property during a marriage own and control that property?8What is a marital debt?
What is a marital debt?9May a creditor seek payment for an unpaid marital debt from marital property?
May a creditor seek payment for an unpaid marital debt from marital property?10May a creditor seek payment for an unpaid debt of one of the spouses (i.e., not a marital debt) from marital property?
May a creditor seek payment for an unpaid debt of one of the spouses (i.e., not a marital debt) from marital property?11May a creditor seek payment for an unpaid necessary (i.e., an item required for basic subsistence) from marital property or from either spouse’s se...
May a creditor seek payment for an unpaid necessary (i.e., an item required for basic subsistence) from marital property or from either spouse’s separate property?12What is a tenancy by the entirety?
What is a tenancy by the entirety?13If married spouses take title to real estate jointly, is the conveyance presumed to be a tenancy by the entirety?
If married spouses take title to real estate jointly, is the conveyance presumed to be a tenancy by the entirety?14Does a tenant by the entirety generally have a right to partition the property unilaterally?
Does a tenant by the entirety generally have a right to partition the property unilaterally?15Under common law, were wives permitted to form contracts?
Under common law, were wives permitted to form contracts?16What was the legal doctrine that historically allowed states to discriminatorily prevent women from entering certain professions?
What was the legal doctrine that historically allowed states to discriminatorily prevent women from entering certain professions?17Are state employers’ anti-nepotism rules unconstitutional if the rules prohibit spouses from working for the state at the same time?
Are state employers’ anti-nepotism rules unconstitutional if the rules prohibit spouses from working for the state at the same time?18A wife entered into a contract with a car dealership to purchase a car. The wife took the car and made the down payment but defaulted on the subseq...
A wife entered into a contract with a car dealership to purchase a car. The wife took the car and made the down payment but defaulted on the subsequent payments. The car dealership sued the wife for payment. May the wife’s husband succeed in having the case dismissed on the ground that wives are legally incapable of forming contracts under common law?19A man and woman both worked in their state government’s headquarters as custodians. The man and woman fell in love at work and discussed their plan...
A man and woman both worked in their state government’s headquarters as custodians. The man and woman fell in love at work and discussed their plan to marry with their supervisor. The supervisor responded that if the man and woman married, one of them would have to resign from employment, because the state’s anti-nepotism policy prohibited simultaneous state employment by any members of the same immediate family, including spouses. The man and woman filed suit to challenge the rule on the ground that it violated their right to marry.May the man and woman succeed in forcing the state to continue employing them both after they marry?20Does domestic violence within a marriage include one spouse’s putting the other spouse in fear of physical harm?
Does domestic violence within a marriage include one spouse’s putting the other spouse in fear of physical harm?21Will all states provide protective orders to victims of domestic violence within marriages against the abuser spouses?
Will all states provide protective orders to victims of domestic violence within marriages against the abuser spouses?22May a victim of domestic violence seek a protective order without the abuser spouse’s appearance in court?
May a victim of domestic violence seek a protective order without the abuser spouse’s appearance in court?23What is the doctrine of nonintervention?
What is the doctrine of nonintervention?24A husband earned $50,000 per year but gave his wife only $2,000 of that money. The wife had no job and took care of the marital home. The wife had ...
A husband earned $50,000 per year but gave his wife only $2,000 of that money. The wife had no job and took care of the marital home. The wife had no money for new clothing or travel. Neither party had filed for divorce. May the wife petition the court for spousal support from the husband?25What is the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution?
What is the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution?26What is a fundamental right, for purposes of due process?
What is a fundamental right, for purposes of due process?27From which part of the Constitution does the right to family privacy derive?
From which part of the Constitution does the right to family privacy derive?28Is it permissible for a state to require parents to send their children only to public—not private—schools?
Is it permissible for a state to require parents to send their children only to public—not private—schools?29Is a state ban on an entire foreign language from the statewide curriculum an unconstitutional restriction on the privacy rights of parents to dire...
Is a state ban on an entire foreign language from the statewide curriculum an unconstitutional restriction on the privacy rights of parents to direct their children’s education?30The parents of a student at a public school gave their permission for the student to learn Arabic from a teacher at the school. The next day, the s...
The parents of a student at a public school gave their permission for the student to learn Arabic from a teacher at the school. The next day, the student told her parents that her teacher had canceled the Arabic course. The parents called the teacher, who explained that the principal had made him cancel the course, citing a state statute that forbade the teaching of Arabic in any state public school. Will the parents prevail if they sue the state to overturn the statute?31Is the right to engage in sexual intimacy part of the privacy interest protected by the Due Process Clause of the Fourteenth Amendment to the U.S. ...
Is the right to engage in sexual intimacy part of the privacy interest protected by the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution?32Does the constitutional right to privacy in sexual activities include the right to rape one’s spouse?
Does the constitutional right to privacy in sexual activities include the right to rape one’s spouse?33May states criminalize sexual activity between individuals of the same sex?
May states criminalize sexual activity between individuals of the same sex?34A husband was upset that his wife did not want to have sex with him. The husband forced sexual intercourse on the wife against her vocal protests a...
A husband was upset that his wife did not want to have sex with him. The husband forced sexual intercourse on the wife against her vocal protests and physical resistance. The wife reported the husband to the state authorities, who charged him with rape. At trial, the husband’s attorney argued that the husband could not be guilty of rape, because the husband had a constitutional right to privacy in his sexual activities with his wife, and there was no such thing as marital rape. Will the husband prevail?35May each spouse within a marriage make his or her own reproductive decisions?
May each spouse within a marriage make his or her own reproductive decisions?36Does a woman have a constitutional right to an abortion before a fetus is viable?
Does a woman have a constitutional right to an abortion before a fetus is viable?37What is the applicable standard of review for determining whether a state’s abortion regulations are constitutional?
What is the applicable standard of review for determining whether a state’s abortion regulations are constitutional?38Following the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, will most abortion regulation likely bec...
Following the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, will most abortion regulation likely become a matter of state law?39A husband and wife were legally married. The wife did not want to have any biological children and asked her physician to perform a sterilization p...
A husband and wife were legally married. The wife did not want to have any biological children and asked her physician to perform a sterilization procedure that would prevent pregnancy. When the husband learned about the wife's plan, the husband told the wife's physician that he had not consented to the procedure and did not want the physician to perform the procedure on the wife.May the physician perform the procedure on the wife even though the husband objects?40What restrictions may states generally place on a minor’s ability to terminate a pregnancy?
What restrictions may states generally place on a minor’s ability to terminate a pregnancy?41May a state limit access to contraception to couples who are legally married?
May a state limit access to contraception to couples who are legally married?42Is a closely held corporation required to provide its female employees with free access to contraception if the corporation objects to doing so on ...
Is a closely held corporation required to provide its female employees with free access to contraception if the corporation objects to doing so on religious grounds?43A woman worked as a cashier at a closely held corporation. The woman was covered by the corporation’s employee health-insurance policy. When the wo...
A woman worked as a cashier at a closely held corporation. The woman was covered by the corporation’s employee health-insurance policy. When the woman went to the pharmacy to get her prescribed contraception, the bill was $200. The woman filed suit against the corporation alleging that, under the Affordable Care Act (ACA), all employers must provide their female employees with free access to contraception. Will the woman prevail?44May a government employer require a woman to take maternity leave, either during or after her pregnancy?
May a government employer require a woman to take maternity leave, either during or after her pregnancy?45What are the two marital evidentiary privileges?
What are the two marital evidentiary privileges?46May a person claiming the spousal-immunity privilege be required to testify against his or her spouse in a criminal case?
May a person claiming the spousal-immunity privilege be required to testify against his or her spouse in a criminal case?47In what circumstances does the spousal-immunity privilege apply?
In what circumstances does the spousal-immunity privilege apply?48Who may invoke the spousal-immunity privilege in a criminal case?
Who may invoke the spousal-immunity privilege in a criminal case?49Does the spousal-immunity privilege apply if the spouses were conspirators in a crime?
Does the spousal-immunity privilege apply if the spouses were conspirators in a crime?50What is the marital-communications privilege?
What is the marital-communications privilege?51Does the marital-communications privilege apply both in civil cases in which federal law provides the rule of decision and in federal criminal cases?
Does the marital-communications privilege apply both in civil cases in which federal law provides the rule of decision and in federal criminal cases?52Does the marital-communications privilege continue to apply even after the marriage is dissolved?
Does the marital-communications privilege continue to apply even after the marriage is dissolved?53May either spouse invoke the marital-communications privilege?
May either spouse invoke the marital-communications privilege?54What are the three main differences between the spousal-immunity privilege and the marital-communications privilege?
What are the three main differences between the spousal-immunity privilege and the marital-communications privilege?55A husband and wife had known one another for years before getting married. The wife later became the defendant in a civil defamation case filed by ...
A husband and wife had known one another for years before getting married. The wife later became the defendant in a civil defamation case filed by a third party. The third party’s attorney called the husband to testify in the defamation trial and asked the husband about communications between the husband and wife related to the matters in the case that occurred before the husband and wife got married. The husband did not wish to testify about these communications. May the husband avoid testifying by claiming the marital-communications privilege?56A man was on trial for rape, and his wife was prepared to testify for the prosecution against him. The wife planned to testify that the husband had...
A man was on trial for rape, and his wife was prepared to testify for the prosecution against him. The wife planned to testify that the husband had been sexually violent with her during the marriage. The husband attempted to stop the wife from testifying by claiming the spousal-immunity privilege. Will the husband succeed?57Under the common law, could a spouse bring a tort claim against a third party who that spouse believed caused the end of the spouse’s marriage?
Under the common law, could a spouse bring a tort claim against a third party who that spouse believed caused the end of the spouse’s marriage?58What are the elements of the tort of alienation of affection?
What are the elements of the tort of alienation of affection?59Does a tort claim for alienation of affection require that infidelity occur?
Does a tort claim for alienation of affection require that infidelity occur?60What is the tort of criminal conversation?
What is the tort of criminal conversation?61Under what circumstances may a spouse bring a suit for the tort of criminal conversation in jurisdictions that recognize this type of action?
Under what circumstances may a spouse bring a suit for the tort of criminal conversation in jurisdictions that recognize this type of action?62Is a loss-of-consortium claim another way for a spouse to recover due to a tortious interference with the marital relationship?
Is a loss-of-consortium claim another way for a spouse to recover due to a tortious interference with the marital relationship?63What must a plaintiff spouse prove to succeed in a loss-of-consortium lawsuit?
What must a plaintiff spouse prove to succeed in a loss-of-consortium lawsuit?64Is loss of consortium a derivative claim?
Is loss of consortium a derivative claim?65In a loss-of-consortium claim, must the plaintiff demonstrate that the relationship actually suffered to recover?
In a loss-of-consortium claim, must the plaintiff demonstrate that the relationship actually suffered to recover?66A husband and wife had been married for 20 years when the wife began a sexual relationship with their mutual friend. After she began the relationsh...
A husband and wife had been married for 20 years when the wife began a sexual relationship with their mutual friend. After she began the relationship with their friend, the wife stopped having sex with her husband and no longer showed him any affection. The husband discovered the affair between the wife and their friend. The husband attempted to sue the friend for the friend’s tortious interference with the husband’s marriage. The state has eliminated the torts of alienation of affection and criminal conversation but retained the tort of loss of consortium. Does the husband have a valid tort claim against the friend?67A husband and wife had been married for 30 years and had always had a healthy sexual relationship. A criminal attacked the husband with a knife and...
A husband and wife had been married for 30 years and had always had a healthy sexual relationship. A criminal attacked the husband with a knife and caused injuries to the husband that prevented him from ever having sexual relations again. May the wife sue the criminal for loss of consortium? To flip this card, please start your free trial or log in.