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Question 1
The U.S. Constitution plays a role in family law. What is one right the U.S. Constitution gives?
Correct
Incorrect!
Correct The U.S. Constitution gives individuals the fundamental right to marry.
Incorrect! The U.S. Constitution gives individuals the fundamental right to marry.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Liz and Darius have been dating for six months, since Liz separated from her husband Doug. When her divorce becomes final, she and Darius plan to get married. There is a clause in a draft of their divorce decree that discontinues Liz's alimony payments when she remarries. This restriction is an example of:
Correct A limited restraint, which only restricts marriage to a certain extent, has often been upheld by courts. The courts reason that these types of clauses are akin to the common provision that terminates alimony upon the remarriage of the recipient. Typically, these types of provisions have been upheld because they serve a valid purpose rather than being a general restraint on marriage. Here, the restriction is not an absolute bar to remarriage; therefore, it constitutes merely a limited restraint against marriage.
Incorrect! A limited restraint, which only restricts marriage to a certain extent, has often been upheld by courts. The courts reason that these types of clauses are akin to the common provision that terminates alimony upon the remarriage of the recipient. Typically, these types of provisions have been upheld because they serve a valid purpose rather than being a general restraint on marriage. Here, the restriction is not an absolute bar to remarriage; therefore, it constitutes merely a limited restraint against marriage.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Naomi and Rob have been a couple for five years. They have not married because Rob is receiving spousal support from his ex-wife that would terminate upon his remarriage. He needs that money because he is the custodial parent of an 11-year-old son. If Naomi and Rob get married and challenge the provision, the court will strike it from the divorce decree.
Correct
Incorrect!
Correct Typically, any provision that serves a valid purpose-rather than as a restraint on marriage-is upheld by the courts. Here, the provision is just a limited restriction on Rob's right to remarry. As such, the court would uphold the provision.
Incorrect! Typically, any provision that serves a valid purpose-rather than as a restraint on marriage-is upheld by the courts. Here, the provision is just a limited restriction on Rob's right to remarry. As such, the court would uphold the provision.
Question 4
Randy is a 40-year-old virgin. He has spent his entire adult life caring for his invalid parents. His mother died two years ago and his father recently died. Although he was sad to lose his parents, Randy felt he could finally make a life for himself and perhaps get married and have children. At the reading of the will, he discovered that his father's will stated he would forfeit his inheritance (valued at $2 million) if he married. If Randy contests this clause, how will the court rule?
Correct
Incorrect!
Correct
Incorrect!
Correct Regarding restraints against marriage, courts are more likely to invalidate clauses that prohibit marriage at all rather than simply restrict remarriage, which could have some unrelated valid purpose. Here, the clause in the will prevents Randy from marrying at all. As such, it is likely the court will strike it entirely, thereby allowing Randy to marry and keep his inheritance.
Incorrect! Regarding restraints against marriage, courts are more likely to invalidate clauses that prohibit marriage at all rather than simply restrict remarriage, which could have some unrelated valid purpose. Here, the clause in the will prevents Randy from marrying at all. As such, it is likely the court will strike it entirely, thereby allowing Randy to marry and keep his inheritance.
Correct
Incorrect!
Question 5
Agnes recently joined a dating service because she was recently divorced and lonely. She thought that the initiation fee of $1,000 and monthly dues of $50 were a little high; however, since the group emphasized marriage she signed the contract anyway. She neglected to read the fine print that stated each time a member marries an additional payment of $2,000 is payable. Since it was in writing this provision is enforceable.
Correct
Incorrect!
Correct Marriage for hire or profit is against public policy and therefore unenforceable.
Incorrect! Marriage for hire or profit is against public policy and therefore unenforceable.