question

Family law is made solely by judges through case law decisions

answer

False

question

Family law governs the division of marital property in a divorce.

answer

True

question

Throughout history, women have always had a superior right to the custody of their children.

answer

True

question

Typical paralegal duties in a domestic relations firm include:

answer

docketing of discovery and trial dates

question

The family practitioner seeks to represent the client's legal interests with the least amount of:

answer

Court Intervention

question

Amanda and Benji have been married for 20 years. Benji is unemployed, and Amanda is a homemaker. They have one grown child, Matt, who is 19 and attends college. Amanda and Benji want to divorce. They live in Nevada and cannot afford an attorney. Which option is open to them for getting a divorce?

answer

Summary Dissolution

question

LaTonya walks into your law firm as a new divorce client. She wants to divorce her husband of 25 years, Jerry. Which of the following will not help you manage LaTonya's case in your office?LaTonya walks into your law firm as a new divorce client. She wants to divorce her husband of 25 years, Jerry. Which of the following will not help you manage LaTonya's case in your office?

answer

Child support enforcement amendments

question

After a very messy divorce, James and Jennifer were unable to agree on custody. Jennifer is a client at your firm. The court has sent the matter back to the attorneys to try to work out an agreement. What other alternatives to litigation are available to Jennifer and James?

answer

Mediation

question

Which of the following is an activity that constitutes the unauthorized practice of law?

answer

Representing a client in court

question

What is the difference between saying a party is pro se and a party is pro per?

answer

They are the same thing, just different ways of stating the fact that the party has no lawyer.

question

If a client wants to pay for the service she receives by the amount of time spent on her case, the client is looking for what kind of fee arrangement?

answer

Hourly Arrangement

question

It is acceptable for paralegals to receive a bonus based upon the number of new clients they bring into the firm.

answer

False

question

Since it is essentially a clerical function, paralegal time spent compiling statistical and financial data should not be billed to the client.

answer

False

question

Malpractice is a civil tort involving professional malfeasance or misfeasance.

answer

True

question

If a paralegal violates a state ethical rule, he or she will be expected to appear in court to receive sanctions.

answer

False

question

Potential conflicts include:

answer

Representing both parties in a divorce

question

If clients are truly distraught, paralegals may give legal advice.

answer

False

question

Paralegals are responsible for providing mental health counseling to clients.

answer

False

question

Please match the following definitions:

answer

Surprise- Encouraging full disclosure by the client to prevent this Preprinted forms- These are used to insure all important information is collected Conflicts check- These should be preformed prior to establishing an attorney/client relationship Open ended- another term for narrative Active- This is the type of listening used in an interview situtation Fees- the attorney needs to set these before the paralegal interviews the client

question

It is imperative that a client disclose both positive and negative information that could affect the outcome of the proceeding.

answer

True

question

Premarital provisions as to the custody of future children are considered enforceable.

answer

False

question

According to the Statute of Frauds, premarital agreements need not be in writing if the agreement is implied.

answer

False

question

Contract law requires that prenuptial agreements be notarized.

answer

False

question

Although it may have been sound in its formation, a premarital agreement might be reinterpreted by a court due to unforeseeable circumstances , according to the __ doctrine.

answer

Second Glance

question

Some of the UPPA requirements for a premarital agreement include:

answer

It is signed by bother parties and there is full disclosure of assets

question

What is a prenuptial agreement?

answer

A contract for two people who intend to be married

question

hich one of these is not an issue a prenuptial agreement can address?

answer

How much the Court will charge for the enforcement of the Premarital Agreement

question

The case of Posner v. Posner was important to the body of law surrounding premartial and post-nuptial agreements because:

answer

Recognition that Premarital Agreements are not valid but divorce is still against public policy

question

A Postnuptial Agreement differs from a Prenuptial Agreement in that

answer

It is entered by the parties sometime during the marriage

question

Which of the following is not a document that should be required prior to drafting a premarital agreement?

answer

UPAA

question

SCENARIO 1 Tom Brown and Barbara Brown divorced in 2005. They had one son, Michael, and they have joint custody of him. In order to facilitate good visitation and joint parenting, Tom and Barb live just blocks from each other. As part of the divorce, Barb was given alimony that would cease only upon her remarriage, or after ten years, whichever occurs first. Tom Brown remarried in 2008. Is an alimony agreement like the one Barb and Tom entered into a valid agreement?

answer

Yes, these terms are typical

question

Maggie had been serving in the U.S. Army for almost 25 years. Her husband, Eric, has traveled all over the world, as Maggie was moved every three years for her job. As a result, Eric has not been able to have a profession. He does odd jobs for cash and is generally a homemaker. Maggie is set to retire at the end of the year. They have decided that their marriage worked great while she was in the service, but they do not have much in common anymore and want to get divorced. Eric is considering requesting alimony from Maggie. Which of these would not be a source to which the court would look when determining alimony support?

answer

The inheritance she received from her father, who passed away last week

question

Betsy and Matthew were legally married for 20 years. Matthew had a business where he worked full time. Betsy had been a stay-at-home mom for their four children. Betsy caught Matthew cheating on her with his administrative assistant. Betsy quickly filed for divorce, and Matthew didn't fight the proceedings. Would the business income be considered when determining alimony and why?

answer

Yes, because income from principal employment will be considered by the court Correct. This is the correct application of understanding the statutory factors considered by family court judges in evaluating the issue of alimony

question

Which of these defines nominal alimony?

answer

Payments made each year for a nominal amount to allow the other person to return to court if there is a change in circumstances.

question

True or false: Alimony is always to be awarded in a "fault"-based divorce system.

answer

False

question

Can a paralegal hand out business cards for the firm at which she works to her classmates in her paralegal classes?

answer

Yes, but only to those who ask for them

question

A potential client walks into your family law practice firm. She is interested in having an attorney just look over a property settlement agreement she and her husband have drafted. She is not interested in having the attorney do any more than that as she and her husband are working well together doing their divorce pro se. Is this something an attorney can do?

answer

Yes; but they should be charged for the unbundled legal services.

question

A proper response to a Divorce Complaint/Petition is a Summons.

answer

False ( it is called an answer)

question

Ruben and Diana want to get married because they love each other very much and want to have children together. Love doesn't always last. Which of these is an alternative to traditional marriage for Ruben and Diana?

answer

Cohabitation

question

Three years after Jessica and Lynette enter into their domestic partnership, they find a sperm donor whose sperm impregnates Lynette. After the child is born, Jessica and Lynette begin fighting all of the time. As a result, the women choose to split. What responsibilities, if any, does Jessica have towards the child?

answer

Jessica will be as responsible for child support as if she had been Lynette's spouse.

question

Claire has been unhappy in her marriage to Darrell. They have been married for ten years and have no children. Which of these is a way to give Darrell proper notice of the divorce proceedings?

answer

serve him with a summons and petition

question

In order to file for Divorce in Florida you need to show:

answer

irrevitable breakdown of marriage

question

The term "antenuptial agreement" is synonymous with which of the following terms?

answer

Premarital agreement

question

Alternatives to litigation that can help resolve some or all of the issues in a contested divorce include:

answer

Couples counseling

question

Which one of t one of these is NOT considered a marital asset?

answer

all of the above

question

The Legal Age to Marry in Florida is _______?

answer

Both A and B

question

How many months do you have to live in Florida before you file for a divorce?

answer

6

question

Matters in Florida pertaining to Children are usually decided using the standard of

answer

The best interest of the child

question

Child Support ends at the age of 21 in Florida.

answer

False (18)

question

Equitable distribution states treat property acquired in community property states as jointly held with each spouse holding an undivided half interest.

answer

True

question

A court may appoint _____________ to monitor and make decisions for the child's interest.

answer

Guardian ad litem

question

You may use your calculators on your cell phones to answer the following question regarding child support: Mark and Sally have 1 child. Mark's net income is $2000 a month, Sally's net income is $1500 a month. Mark pays $50 a month for the health insurance and Sally pays $150 a month for child care. What is Mark's percentage share if the total child support obligation of $738.00?

answer

57%

question

Tenancy by the entirety with rights of survivorship, this type of tenancy is limited to husbands and wives.

answer

True

question

Property titled in only one spouse's name cannot be considered marital property.

answer

False

question

Joint legal custody requires that a child reside in two places for nearly exactly equal periods of time.

answer

false

question

Third parties have no standing to seek judicially mandated visitation in an intact family.

answer

True

question

Weston and Renee have been married for seven years in Nevada. Renee has been having an affair with a younger man. Weston wants a divorce, and Renee is not fighting him. Instead of filing under adultery, Weston opts for a no-fault ground because he hopes he can keep the divorce amicable. Weston has a business he began right out of college. It is very lucrative and he hopes to retire early. He is worried about having to split the business with his soon-to-be ex-wife. What should his lawyer tell him in a community property state?

answer

As long as the business funds were not mixed with the personal bank accounts, this will remain separate property and he will not have to split it with Renee.

question

paralegal should be comfortable revealing some small piece of very personal information since that makes the client feel more comfortable about sharing the intimate information needed for representation.

answer

false

question

It is important that the clients confide aspects of their situation that they might view as "negative," embarrassing, or detrimental to their case in order to prevent surprise in court.

answer

True

question

Even though a client has come to discuss a divorce, it is incumbent upon the attorney or paralegal to inquire about the possibility of reconciliation before proceeding with the case.

answer

True

question

A husband's objections will prevent a wife from resuming use of her maiden name.

answer

False

question

Receiving a return of service or affidavit of service indicates that a summons was never served.

answer

False

question

The terms "domicile" and "residency" are always synonymous.

answer

False

question

In some instances, the defendant spouse may be served by publishing a notice in an appropriate newspaper.

answer

True

question

A party seeking a divorce may bring a legal action to freeze the marital assets. This is also known as an injunction.

answer

True

question

A pendente lite motion may be filed by either spouse, and is automatically granted by the court.

answer

False

question

When the court gives one parent temporary custody, the court will also usually order that the other parent be allowed visitation.

answer

True

question

Pendente lite custody can have no effect on the permanent custody determination.

answer

False

question

A pro se party may not bring a motion in the court without committing UPL.

answer

False

question

Responses to requests for production should be carefully catalogued, often a paralegal task

answer

True

question

IRS joint returns are privileged documents.

answer

False

question

Forensic computer experts are very expensive, so a requesting party may end up paying a great deal to locate intentionally nondisclosed material, despite the deception by the responding party.

answer

False

question

A nonparty witness (such as a child's teacher or a neighbor) should be subpoenaed to attend a deposition.

answer

True

Domestic relations with irene pons UCF – Flashcards

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