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Question 1
Lydia is 16 years old and wants to marry her 22-year-old boyfriend (Charles), who is the son of her father's second wife (i.e. her step-brother). Her father consents to the marriage. Her biological mother is deceased. Her step-mother has not taken formal steps to adopt her. What steps must Lydia take to get married?
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Correct
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Correct In most jurisdictions a marriage between people related by marriage is prohibited because of the strain it could put on the family structure. Here, in addition to being underage, Lydia and Charles are step brother and sister. Due to the close relationship a court would probably deny Lydia's petition to get married.
Incorrect! In most jurisdictions a marriage between people related by marriage is prohibited because of the strain it could put on the family structure. Here, in addition to being underage, Lydia and Charles are step brother and sister. Due to the close relationship a court would probably deny Lydia's petition to get married.
Correct
Incorrect!
Question 2
Timothy is 17 years old and wants to marry his high school sweetheart, Antoinette, who is 16 years old. Both their parents vigorously oppose the marriage. If Timothy seeks court approval for the marriage, what would be the likely outcome?
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Correct Most states have statutes that prospective candidates for marriage under a certain age need parental consent to marry. As an alternative to parental consent, the parties can petition the court for permission to marry. Here, both Timothy and Antoinette are underage. Since they do not have parental consent to get married, they can petition the court for approval. If the court considers the union to be in the best interests of Timothy and Antoinette, it will give its consent to the marriage.
Incorrect! Most states have statutes that prospective candidates for marriage under a certain age need parental consent to marry. As an alternative to parental consent, the parties can petition the court for permission to marry. Here, both Timothy and Antoinette are underage. Since they do not have parental consent to get married, they can petition the court for approval. If the court considers the union to be in the best interests of Timothy and Antoinette, it will give its consent to the marriage.
Question 3
George leaves his adult daycare one afternoon to marry Genie, also a member in his daycare. Genie argues with George that they must have their guardians' consent to the marriage. George keeps insisting that their guardians do not have to consent to their marriage. Who is correct?
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Correct Even though a person may not be able to carry on his ordinary affairs, if he has the capacity to understand the nature of marriage, he may marry without outside consent. Here, George and Genie have sufficient understanding of the marriage to get married without their guardians' consent.
Incorrect! Even though a person may not be able to carry on his ordinary affairs, if he has the capacity to understand the nature of marriage, he may marry without outside consent. Here, George and Genie have sufficient understanding of the marriage to get married without their guardians' consent.
Question 4
Simon, a citizen of England and Paula, a citizen of the United States, marry. Their sole purpose is to allow Simon to immigrate to the United States. Simon and Paula have no intention of living together as husband and wife, and they have no marital relationship either before or after the ceremony. They have a valid marriage.
Correct
Incorrect!
Correct Marriage solely for the purpose of immigration, where there is lack of intent to assume the "status" of marriage, may be declared a nullity. Since Simon and Paula have no intention of assuming the responsibilities of marriage, their marriage is not valid.
Incorrect! Marriage solely for the purpose of immigration, where there is lack of intent to assume the "status" of marriage, may be declared a nullity. Since Simon and Paula have no intention of assuming the responsibilities of marriage, their marriage is not valid.
Question 5
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. While filing out the application, they forget their last names and other information required to be filled out. The clerk suspects they are not in the right state of mind to get married. What should the clerk do?
Correct One of the requirements for marriage is the ability to give consent to the union. Here, since Dennis and Carmen are apparently incapacitated, they are unable to consent to the marriage. As such, the clerk should deny the marriage license.
Incorrect! One of the requirements for marriage is the ability to give consent to the union. Here, since Dennis and Carmen are apparently incapacitated, they are unable to consent to the marriage. As such, the clerk should deny the marriage license.
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Incorrect!
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Incorrect!
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Incorrect!
Question 6
Maggie and Oscar, residents of State A, were both 17 years old when they ran away to State B to get married because State B allows persons who are at least 17 years old to marry without parental consent. They returned to State A where they lived for five years. When did their marriage become valid?
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Correct Some void marriages automatically, though not retroactively, become valid when an impediment (e.g., under age) is removed. Although Maggie and Oscar's marriage was void when contracted, it was validated by continued cohabitation after they reached age 18, the proper age for marriage without parental consent.
Incorrect! Some void marriages automatically, though not retroactively, become valid when an impediment (e.g., under age) is removed. Although Maggie and Oscar's marriage was void when contracted, it was validated by continued cohabitation after they reached age 18, the proper age for marriage without parental consent.
Question 7
Twenty-five years ago, Tom and Jane were married in the Roman Catholic Church. Due to an oversight, Jane failed to get a marriage license beforehand. Jane dies and Tom petitions the court to become the executor of her estate. What will the court decide?
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Incorrect!
Correct Public policy is strongly opposed to regarding an attempted marriage entered into with good faith and believed to be valid to be disregarded due to some minor impediment. Here, Tom was unaware that Jane had forgotten to obtain the marriage license. That was the only defect in their marriage 25 years ago. In good faith, he believed they had a valid marriage. As such, the state would likely recognize their marriage and grant Tom's request to be Jane's executor.
Incorrect! Public policy is strongly opposed to regarding an attempted marriage entered into with good faith and believed to be valid to be disregarded due to some minor impediment. Here, Tom was unaware that Jane had forgotten to obtain the marriage license. That was the only defect in their marriage 25 years ago. In good faith, he believed they had a valid marriage. As such, the state would likely recognize their marriage and grant Tom's request to be Jane's executor.
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Incorrect!
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Incorrect!
Question 8
Pamela and Andrew were to be wed in England. On their wedding day Pamela was sick and could not make the wedding. Instead, Pamela gave her proxy to her father (assume proxy marriages are valid in England). The wedding is celebrated, and the couple holds themselves out as married. Andrew is offered a job in New York, and moves his family to New York. Their marriage would be invalid in New York.
Correct
Incorrect!
Correct Most states have "validation" statutes that accept marriages in their jurisdiction if they were valid in another jurisdiction. Here, assuming England accepts proxy marriages, Pamela and Andrew were legally married in England. As such, when they move to New York, their marriage will also be recognized
Incorrect! Most states have "validation" statutes that accept marriages in their jurisdiction if they were valid in another jurisdiction. Here, assuming England accepts proxy marriages, Pamela and Andrew were legally married in England. As such, when they move to New York, their marriage will also be recognized
Question 9
Vera and Brad think they are married and have held themselves out as married for the past two years while living in Florida. Recently, Vera accepted a job in California. In addition, they found out that the priest who had solemnized their marriage was a sham. Under what theory will their marriage be considered valid in California?
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Incorrect!
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Correct The putative spouse doctrine protects a partner to an invalid marriage who has participated in a marriage ceremony only for so long as he believes in good faith that the marriage is valid. Vera and Brad (in good faith) believed they were married, given the fact that they followed all the formalities need for a valid marriage. As such, their marriage will be recognized under the putative spouse doctrine.
Incorrect! The putative spouse doctrine protects a partner to an invalid marriage who has participated in a marriage ceremony only for so long as he believes in good faith that the marriage is valid. Vera and Brad (in good faith) believed they were married, given the fact that they followed all the formalities need for a valid marriage. As such, their marriage will be recognized under the putative spouse doctrine.
Correct
Incorrect!
Question 10
Mark and Ted have been a couple for six years and have decided they want to get married. They apply for a marriage license from the city clerk. They will be able to get married.
Correct Following the Supreme Court's ruling in Obergefell v. Hodges, parties that wish to marry may be of opposite genders in all states. Here, even though Mark and Ted are both males, they will be able to secure a marriage license to get married.
Incorrect! Following the Supreme Court's ruling in Obergefell v. Hodges, parties that wish to marry may be of opposite genders in all states. Here, even though Mark and Ted are both males, they will be able to secure a marriage license to get married.