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Question 1
Cassidy's parents were teenagers when he was conceived. In fact, they were high school sweethearts. One month after high school graduation (six months after Cassidy was born), they decided to get married. The marriage only lasted a year before they went their separate ways. Cassidy would be considered:
Correct
Incorrect!
Correct
Incorrect!
Correct Despite an initial start as an illegitimate child, it is possible to be legitimized, thereby erasing the stigma of illegitimacy. One way for this to happen is the subsequent marriage of the child's natural parents. Here, Cassidy's parents got married after he was born, which legitimized him. The fact that his parents later divorced had no affect on his legitimate status.
Incorrect! Despite an initial start as an illegitimate child, it is possible to be legitimized, thereby erasing the stigma of illegitimacy. One way for this to happen is the subsequent marriage of the child's natural parents. Here, Cassidy's parents got married after he was born, which legitimized him. The fact that his parents later divorced had no affect on his legitimate status.
Correct
Incorrect!
Question 2
A father and son live together. The mother abandoned the child when he was born. The father and mother were never married. The son grew up as a social outcast because his parents had never married. He blames this condition as an out-of-wedlock child for the fact that he was unable to get a proper education. Instead, he follows in his father's footsteps to become a miner. Upon finding his rich mother's whereabouts, the son decided to sue her based on a theory of tort in which the son was forced to enter into a wrongful life because the mother never married the father. The court would likely:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct If the court is basing its decision on Zepeda, it would dismiss the case for lack of a cause of action. In particular, the court would reiterate that overriding legal, social, judicial and other considerations precluded a cause of action for wrongful life against one of the parents.
Incorrect! If the court is basing its decision on Zepeda, it would dismiss the case for lack of a cause of action. In particular, the court would reiterate that overriding legal, social, judicial and other considerations precluded a cause of action for wrongful life against one of the parents.
Question 3
Tanya was recently admitted to the pediatric ward of a local hospital for eye surgery. One morning a man entered her room, seemingly to escort her to a medical test. Instead, he took her to a nearby conference room and raped her. Nine months later (two months before her sixteenth birthday) Tanya gave birth to a son. If the child (through a guardian ad litem) sues the hospital for negligence, the court would likely:
Correct
Incorrect!
Correct That's the correct response. Under Zepeda, there is no cognizable cause of action for a wrongful life suit against the parents who help create this situation. Conversely, one can bring suit against a third party for wrongful life, especially when there is negligence involved.
Incorrect! That's the correct response. Under Zepeda, there is no cognizable cause of action for a wrongful life suit against the parents who help create this situation. Conversely, one can bring suit against a third party for wrongful life, especially when there is negligence involved.
Correct
Incorrect!
Correct
Incorrect!
Question 4
Mark was an illegitimate child of King Preposterous, who ran his kingdom according to the early common law. Under the common law, which rights would Mark have?
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Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct At early common law, Mark, as an illegitimate child, would have had no entitlement to support or inheritance from either parent or other blood relatives. As such, he would be entitled to nothing.
Incorrect! At early common law, Mark, as an illegitimate child, would have had no entitlement to support or inheritance from either parent or other blood relatives. As such, he would be entitled to nothing.
Question 5
Basil, after many rounds to court, has finally met the definition of being a legitimate child in Arizona. Basil's adoptive parents are moving to Illinois. Basil's parents fear the courts in Illinois will not recognize his legitimate status. What is the best advice?
Correct
Incorrect!
Correct
Incorrect!
Correct Illinois will recognize Basil's legitimate status due to the Full Faith and Credit Clause, which requires sister states to recognize judgments from other states
Incorrect! Illinois will recognize Basil's legitimate status due to the Full Faith and Credit Clause, which requires sister states to recognize judgments from other states
Correct
Incorrect!
Question 6
When illegitimate children bring their cause of action in court basing it on an Equal Protection claim, what they are really arguing is:
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Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The premise of the Equal Protection Clause is to avoid unequal treatment of similarly situated persons.
Incorrect! The premise of the Equal Protection Clause is to avoid unequal treatment of similarly situated persons.
Question 7
Chastity comes into your office seeking professional assistance. Her half-siblings are refusing to share her mother's wrongful death action award of one million dollars. They are telling Chastity that she was not their mother's child, as defined in the statute, because the statute only recognizes children born in wedlock; Chastity was born out of wedlock. What would you advise Chastity to do?
Correct Chastity would have a cause of action against her siblings for not sharing the award if Chastity can establish she was a child of the mother. Being a child to a parent no longer requires being born to parents who were married.
Incorrect! Chastity would have a cause of action against her siblings for not sharing the award if Chastity can establish she was a child of the mother. Being a child to a parent no longer requires being born to parents who were married.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 8
Alexis, a non-marital child, has not had paternity established by her father. When compared to Andrea, a marital child whose parents have recently divorced, Alexis has a more limited right to paternal support?
Correct
Incorrect!
Correct Courts no longer differentiate between marital and non-marital children when making child support decisions. Accordingly, once Alexis's father establishes paternity, she would have the same support rights as Andrea.
Incorrect! Courts no longer differentiate between marital and non-marital children when making child support decisions. Accordingly, once Alexis's father establishes paternity, she would have the same support rights as Andrea.
Question 9
Candy and Ted were having marital problems when she discovered she was pregnant. Unbeknownst to Ted, Candy had been having an affair with her boss, Stanley. When the child was born, she let Ted believe he was the child's father and put his name on the birth certificate, even though she was unsure who the child's actual father was. When the child is three years old, Stanley decides to challenge paternity. The likely outcome:
Correct
Incorrect!
Correct Although a husband may be permitted to disprove his paternity, the right of a third party to determine paternity is more tenuous. Often the third party does not have standing to challenge paternity because the law usually favors the husband in these types of proceedings. Here, since the child was born while Candy and Ted were married, he is the presumed father. As such, Stanley would probably not have standing to challenge paternity.
Incorrect! Although a husband may be permitted to disprove his paternity, the right of a third party to determine paternity is more tenuous. Often the third party does not have standing to challenge paternity because the law usually favors the husband in these types of proceedings. Here, since the child was born while Candy and Ted were married, he is the presumed father. As such, Stanley would probably not have standing to challenge paternity.
Correct
Incorrect!
Correct
Incorrect!
Question 10
Louise and Simon are unmarried. Louise gets pregnant. Once her parents find out about the pregnancy, they force Louise to marry their business partner, Marty. Pursuant to the UPA, when the child is born there is a presumption that Marty is the child's father. Infuriated, Simon brings an action to establish paternity. How can Simon successfully establish paternity?
Correct
Incorrect!
Correct The principal clear and convincing evidence used to rebut a presumption of paternity is proving that the father is impotent/sterile. Simon could ask the court for a DNA test, but that would only be granted after a hearing determining the best interest of the child.
Incorrect! The principal clear and convincing evidence used to rebut a presumption of paternity is proving that the father is impotent/sterile. Simon could ask the court for a DNA test, but that would only be granted after a hearing determining the best interest of the child.
Correct
Incorrect!
Correct
Incorrect!
Question 11
Seth is a member of the United States Army and has been serving overseas for the past six months. He has not come home in between and has only kept contact with his wife, Stephanie, via e-mail and telephone. Three months after Seth returns home Stephanie gives birth to a baby girl, Camille. Seth insists on having his name listed on the birth certificate, provides all essentials for the baby and tells everyone she is his daughter. Nevertheless, Jake, the biological father wants to bring a paternity proceeding in court. Who has the least standing to bring an action to determine parentage?
Correct
Incorrect!
Correct
Incorrect!
Correct The court evaluates all the facts and circumstances in determining what would be in the child's best interests. Here, there is the presumption that Seth is the child's father. Yet, Jake might have a case due to the fact that Seth had no access to Stephanie when she conceived. Nevertheless, due to the court's overriding interest in keeping families together, it would probably disallow Jake's challenge of paternity.
Incorrect! The court evaluates all the facts and circumstances in determining what would be in the child's best interests. Here, there is the presumption that Seth is the child's father. Yet, Jake might have a case due to the fact that Seth had no access to Stephanie when she conceived. Nevertheless, due to the court's overriding interest in keeping families together, it would probably disallow Jake's challenge of paternity.
Correct
Incorrect!
Question 12
Sharon and Arnold are husband and wife. They have one child. Unbeknownst to Arnold, the child is not his. Rather, Sharon's ex-lover is the child's biological father. When that affair ended, Sharon and Arnold reconciled and now wish to raise the child as their own, without interference from the biological father. What advice would be useful?
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Incorrect!
Correct
Incorrect!
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Incorrect!
Correct In determining the best interests of the child, the court would evaluate all the evidence. For instance, there is a presumption that a child born to a married couple is the husband's child. Here, Arnold's actions would further support his position as the child's legal father.
Incorrect! In determining the best interests of the child, the court would evaluate all the evidence. For instance, there is a presumption that a child born to a married couple is the husband's child. Here, Arnold's actions would further support his position as the child's legal father.
Question 13
Edward suspected that he might not be the father of his ex-girlfriend's child. His ex-girlfriend, Georgina, insisted that he was the father and obtained a court order to force him to undergo a paternity test. In their state of residence, the standard for the probability of paternity is 98%. The results of the paternity test showed that Edward was excluded from being the biological father. Is Edward liable for child support?
Correct
Incorrect!
Correct A result of excluded means there is insufficient genetic markings between the father and the baby for the father to be considered the child's biological father. Here, since there is no way Edward can be the baby's father, he is not liable for child support.
Incorrect! A result of excluded means there is insufficient genetic markings between the father and the baby for the father to be considered the child's biological father. Here, since there is no way Edward can be the baby's father, he is not liable for child support.