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Question 1
Dennis and Carmen are in Las Vegas for the weekend. They have been gambling and drinking for several hours on Friday night; by midnight they are extremely drunk, so they decide to get married. They find the appropriate agent for a marriage license. In the morning, they realize they had made a mistake by getting married. Under what grounds can they annul the marriage?
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Correct One of the requirements for marriage is the ability to give consent to the union. Here, since Dennis and Carmen were apparently incapacitated, they were unable to consent to the marriage. As such, the marriage can be annulled.
Incorrect! One of the requirements for marriage is the ability to give consent to the union. Here, since Dennis and Carmen were apparently incapacitated, they were unable to consent to the marriage. As such, the marriage can be annulled.
Question 2
Hanna and Jason enter into a prenuptial agreement that stipulates Hanna will take birth control pills only during the first year of marriage. After their first anniversary, Hanna continues to take birth control pills and informs Jason that she no longer wants to have children. In fact, she lied when she told Jason before they got married that she wanted to have children. This disagreement causes a split in their relationship. How will the courts terminate their union?
Correct
Incorrect!
Correct Generally, states will grant an annulment for fraud based on a reason that goes to the "essentials of the marriage." Here, the fact that Hanna lied about her desire to have children is an essential element of the marriage. Accordingly, the court would grant an annulment to terminate the union.
Incorrect! Generally, states will grant an annulment for fraud based on a reason that goes to the "essentials of the marriage." Here, the fact that Hanna lied about her desire to have children is an essential element of the marriage. Accordingly, the court would grant an annulment to terminate the union.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Carole and Drew have been married for five months. Carole finds out that Drew is not as wealthy as he originally claimed. Carole brings an action to annul her marriage on the grounds of fraud. Will Carole prevail?
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Incorrect!
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Correct Generally, states will grant an annulment for fraud based on a reason that goes to the "essentials of the marriage." Typically, the categories involve areas such as fertility and religious beliefs. Conversely, misrepresentation concerning wealth has not been enough to invalidate a marriage. Yet, Carole is still free to seek a divorce from Drew.
Incorrect! Generally, states will grant an annulment for fraud based on a reason that goes to the "essentials of the marriage." Typically, the categories involve areas such as fertility and religious beliefs. Conversely, misrepresentation concerning wealth has not been enough to invalidate a marriage. Yet, Carole is still free to seek a divorce from Drew.
Correct
Incorrect!
Question 4
A marriage that has been annulled is considered:
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Correct An annulment is the legal process by which a marriage is invalidated retroactively to the date of inception of the marriage. As such, the marriage never existed.
Incorrect! An annulment is the legal process by which a marriage is invalidated retroactively to the date of inception of the marriage. As such, the marriage never existed.
Question 5
Angela died intestate (without a will) six months ago. Angela's potential heirs (her two children and sister) bring an action to annul Angela's marriage to William on the grounds of mental incompetence and fraud. They allege that Angela was of unsound mind at the time of the marriage and that William had induced Angela to marry him in order to inherit from her, knowing she was about to die. What will the court decide?
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Incorrect!
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Correct The validity of a marriage is presumed; the party contending that it is invalid has the burden of proof. Any proof of lack of mental capacity must be definite and clear. Since there was no claim of any abnormal behavior by Angela at the time of the marriage, the marriage is presumed to be valid.
Incorrect! The validity of a marriage is presumed; the party contending that it is invalid has the burden of proof. Any proof of lack of mental capacity must be definite and clear. Since there was no claim of any abnormal behavior by Angela at the time of the marriage, the marriage is presumed to be valid.
Question 6
Mona and Ralph dated for only three months before they got married. Five weeks after the marriage, Mona found out Ralph had a serious heroin addiction. She immediately left him. She can have the marriage annulled.
Correct The concealment of drug addiction has been held to be a fraud going to the essentials of the marriage. Thus, an annulment would be granted to Mona.
Incorrect! The concealment of drug addiction has been held to be a fraud going to the essentials of the marriage. Thus, an annulment would be granted to Mona.