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Family Law Chs 3, 4, 5, 6 vocab/concept review

Across
Most states no longer recognize ______ _____ marriage, where there is no license or ceremony but the couple holds themselves out as married.
If the paralegal is conducting the initial interview of a new client, it is important not only to identify yourself as a paralegal, but also to state specifically that you are not an __________, in case the client is not fully aware of the distinction.
A ___________ clause states that if any single portion of the agreement is found to be invalid, the remaining valid provisions will still be carried out.
Under a strict scrutiny analysis, a government action must be _________ tailored to serve a compelling state interest to be in compliance with the substantive due process rights guaranteed by the US constitution.
In order to waive property rights in a premarital agreement, there must be a reasonable ________ to each other of their financial resources.
Like all contracts, the parties to a premarital agreement must have the legal __________ to enter a contract, for example, not a minor or mentally incompetent.
A ____ trust is one created by operation of law to prevent unjust enrichment by someone who has improperly obtained property through fraud, duress, abuse of confidence or other wrongful conduct, it is imposed as an equitable remedy to prevent unjust enrichment of the person who has engaged in wrongful conduct.
A declaration ___ a court that a valid marriage never existed is an ANNULMENT.
Under the Enoch Arden presumption, a spouse is presumed dead after being missing without explanation for a designated number of years despite due diligence in attempting to locate him or her.
An important part of an initial interview of a ___ family law client is to find out whether there are any emergency concerns that may need immediate attention.
Where a person relies on a false promise to marry and suffers actual harm due to the reliance, they may have a cause of action for _____.
Conditional gifts (those dependent on the marriage occurring) must be returned if the marriage does not _____.
The Supreme Court has ruled that the Defense of Marriage Act (DOMA), stating that states are not required to give full faith and credit to a same-sex marriage entered into lawfully in another state, and that same-sex marriages would not be recognized under federal laws, is ___________.
In Loving v. Virginia, the US Supreme Court ruled that laws prohibiting marriage between persons of different ______are unconstitutional.
Although a court will not ordinarily scrutinize a premarital agreement to make sure that it is substantively fair, a premarital agreement must not be _________, or so one-sided that it shocks the conscience.
A ____ _______ marriage is a relationship between a cohabitating couple that is recognized as a marriage for limited purposes even though the relationship does not meet the legal requirements of a marriage.
A heart-balm statute ________ the cause of action for a breach of promise to marry.
Marriage is a _________ right.
________ protection is the constitutional requirement that the government treat one group or class the same as it treats others in like circumstances.
It is important not to give opinions regarding the chances of success in a case, as that could be interpreted as a ____________, which could lead to a lawsuit for breach of contract against a law office.
A _____ spouse is a person who believes in good faith that he or she entered into a valid marriage even though there was an impediment making the marriage invalid.
_______ due process is the constitutional requirement that the government avoid arbitrary and capricious actions that deprive a person of life, liberty or property.
Down
A premarital agreement must be _________, meaning by choice and proceeding from a free and unconstrained will.
A heart-balm action is breach of a promise to _____.
It is important for the family law attorney to ascertain what a new client really _________ because the client may not have all information as to all courses of action available to solve their problems.
Contracts imposing a ______ limitation on marriage may be valid, while those imposing a general restraint on marriage are unenforceable.
The standard of review for claims of government infringement on a fundamental right.
A premarital agreement must have been made with ___________ fairness to be enforceable.
In OBERGEFELL v. Hodges, the US Supreme Court ruled that laws prohibiting marriage between persons of the ______ sex are unconstitutional.
A ___________ agreement is a contract between persons in an intimate relationship who are not married to each other that covers financial and related matters while they are living together and upon the end of the relationship.
If the paralegal is conducting the initial interview of a new client, it is important to refrain from giving legal ________, as that would be an ethical violation.
The ____ Faith and Credit Clause of the United States Constitution requires states to recognize other states' official decisions.
A premarital agreement revised during a marriage is a _______ agreement.
Most states do not recognize a cause of action for __________ with contract relations where a family member persuades another to break off an engagement.
Grounds that render a marriage ___ include 1) a prior existing marriage, 2) consanguinity and affinity (improper relationship by blood or by marriage) and 3) sham marriage.
A contract that can cover spousal support, custody wishes, property division, and is between married persons who are separating is a _________ agreement.
Premarital agreements often contain provisions regarding the disposition of ________ should there be a dissolution of the marriage.
Grounds that render a marriage ___ include 1) nonage 2) disability 3) duress 4) fraud
In addition to being a ground for annulment, bigamy ___ a crime.