Chapter 1 Review Questions
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Jan 9, 2024
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Chapter 1 Review Questions
1.
What is family law?
The body of law that defines relationships, rights, and duties in the formation, ongoing
existence, and dissolution of marriage and other family units.
2.
What are five major developments that are affecting the practice of family law in the
twenty-first century?
Equality of the sexes, science and law, increased federalization of family law, contract
dimension of family law, and deregulation of sexuality
3.
What are some of the changes in family-law terminology and why have such changes
been made?
emphasizing responsibilities rather than rights, downplaying an emphasis on
morality, and toning down rhetoric that can contribute to the hostility that some
family-law disputes can engender, move away from winner/loser terminology;
dissolution (divorce) spousal support (alimony) maintenance (alimony)
nonmarital child (illegitimate child, out-of-wedlock child, bastard)caregiver
(custodian)parenting plan, parenting schedule, parenting functions, parental
responsibility, residential schedule (custody, visitation, access to the child)
4.
When working on family-law cases, what are some major areas of law that could be
involved?
Criminal Law Divorce/Separation/Annulment Law Child Custody Law
Support Law Contract/Agency Law Real Property Law and Personal
Property Law Corporate Law/Business Law Bankruptcy Law Tort Law Civil
Procedure Law Evidence Law Tax Law Juvenile Law
5.
What are the two categories of due-process challenges to family-law rules under the U.S.
Constitution, and how would a court resolve the challenges?
Substantive and procedural due process; determine whether restriction is a fundamental
or nonfundamental right and determine constitutionality of any restriction using level of
scrutiny test
6.
What are the three categories of equal-protection challenges to family-law rules under the
U.S. Constitution, and how would a court resolve the challenges?
Discrimination of suspect class, quasi suspect class, or fundamental right; test of strict
scrutiny, immediate scrutiny, rational-relation test
7.
How have social media sites on the Internet affected the practice of family law?
It is easier to find information about families but it ais also easier to post/discover
incriminating things
8.
What are some of the major roles that paralegals play in the practice of family law?
Screen prospective clients, identify problems that can be referred to others, conduct
conflict checks. Start new case files, set up a calendar, help client assemble documents,
conduct follow-up interviews
9.
What is the role of a CASA?
A volunteer appointed by the court to undertake special assignments pertaining to
children in the court system.
10. What is a bias and when can a paralegal’s bias affect performance on case assignments?
a prejudice or predisposition to think and to act in a certain way; if personal feelings get
in the way it may affect job performance and reduce the quality of the work provided
11. To what extent is violence a concern in the practice of family law?
Can be quite prevalent especially when dealing with cases of domestic abuse; happens
enough for attorneys and courts to upgrade security systems
12. What are the main categories of primary authority in family law? Where can you find
such authority?
State and Local Law Sources: state constitution, statutes of state legislatures, state court
opinons, local law, state court rules
13. What secondary authorities can be important in a family-law practice?
legal periodicals, legal encyclopedias, and legal treatises.
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