All flashcards

56 cards

1In states that allow lawsuits for breach of a promise to marry, what evidence is necessary to show the defendant’s intent to marry the plaintiff?
2Under what circumstances is a gift conditional upon a marriage occurring?
3If a broken engagement results in a lawsuit for the return of a ring, what is the threshold question for determining whether the ring was actually ...
4What are the two approaches taken by state courts for determining whether an engagement ring must be returned in a broken-engagement case?
5From which provision of the United States Constitution is the fundamental right to marry derived?
6Two men attempted to marry. The men were turned away from a court clerk’s office when they try to obtain a marriage license. The clerk told the men...
7What types of marriage regulations trigger only minimal (rational-basis) scrutiny if challenged as unconstitutional restrictions on the right to ma...
8Do incarcerated people have a fundamental right to marry?
9A man and a woman were both incarcerated in a state prison, where they were both serving life sentences. Under the state’s law, prisoners serving l...
10May states forbid marriages based on degrees of consanguinity (i.e., blood relationship)?
11Is it permissible for a state to require that individuals not be already married when entering into a marriage?
12May states allow minors to marry?
13What is a ceremonial marriage?
14May states require a couple to obtain a license before marrying in a ceremony and to have the license recorded following the ceremony?
15If a couple marries without properly obtaining or recording a marriage license, may the state uphold the marriage?
16What does it mean for a marriage to be solemnized?
17What is a proxy marriage?
18May a state require that a marriage be solemnized to be recognized, even if the couple has a marriage license?
19A woman and a man, both adults, wanted to marry. The state required couples to obtain licenses, wait three days, and submit proof they were not rel...
20If would-be spouses believe they have satisfied the procedural requirements for a marriage, but later discover some defect, are courts generally re...
21If a marriage is valid where it was celebrated, is it valid everywhere the married couple may travel or live?
22What are marriage-evasion laws?
23Two adult men who were second cousins wanted to get married. A statute in their home state disallowed first or second cousins from marrying each ot...
24What is a void marriage?
25What is the difference between a void marriage and a voidable marriage?
26For a marriage to be valid, must both prospective spouses have the mental capacity to voluntarily enter into marriage?
27A man and woman had been in a romantic partnership for 10 years. The couple had talked about possibly getting married several times. The couple wen...
28A husband and wife got married. At the time of the wedding, the husband was a successful attorney, and the wife was a 23-year-old who lived in a gr...
29If, at the time of the marriage solemnization, one spouse did not know that the other was physically incapable of consummating the marriage, may th...
30What is a common-law marriage?
31What are the general requirements for establishing a common-law marriage?
32Do all states permit couples to enter common-law marriages?
33Is it possible for a couple to accidentally enter into a common-law marriage by cohabitating?
34What is the putative-spouse doctrine?
35A husband and wife were legally married in their home state. Several years later, the wife left the husband, but the parties did not divorce. The n...
36Do most states that permit recovery under the putative-spouse doctrine also permit couples to enter common-law marriages?
37What is a cohabitation agreement?
38Can an agreement to pay for sexual services form the consideration for a cohabitation agreement?
39A man moved in with his girlfriend. The couple did not marry. However, they signed an agreement providing for the pooling of their separate financi...
40What is a premarital contract?
41In addition to general contract-law requirements, what three general requirements must a premarital contract meet?
42Does duress or fraud render a premarital contract unenforceable?
43A man and woman were planning to get married. The man’s attorney drafted a premarital contract. Two hours before the wedding, the man presented thi...
44In general, must each party be represented by independent counsel when negotiating a premarital contract?
45For a premarital contract to be enforceable, must the parties sign it with a certain amount of time remaining before the marriage ceremony?
46For the decision to enter a premarital contract to be informed, what type of disclosure must the parties make about their financial assets and liab...
47A fiancée presented her partner with a prenuptial agreement six weeks before the two got married. The agreement contained a section called “Disclos...
48What is the difference in the way a prenuptial agreement is evaluated for fairness under the minority approach versus the majority approach?
49What are the requirements for proving that a prenuptial agreement’s terms are substantively unfair?
50A man presented his fiancée with a prenuptial agreement drafted by the man’s lawyer two months before the wedding. The man told the fiancée to have...
51What is the method for evaluating a prenuptial agreement for fairness in states that follow the ALI approach?
52Under what circumstances are choice-of-law provisions in a premarital contract enforceable?
53A husband and wife were married in State A. They signed a premarital agreement four weeks before the wedding. The husband and wife lived in State A...
54May the parties agree in a premarital contract how to divide marital property after divorce?
55May the parties agree in a premarital contract to pay less child support than a court would award?
56May the parties agree in a premarital contract to interfere with the exercise of one prospective spouse’s constitutional rights?

In states that allow lawsuits for breach of a promise to marry, what evidence is necessary to show the defendant’s intent to marry the plaintiff?

Keyboard shortcuts: