Paralegal 018 - Family Law » Fall 2019 » Exam 1
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Question #1
Family law has undergone a transformation over the past fifty years that includes all but which one of the following?
A.
a decreased emphasis on fault as a basis for divorce
B.
a decrease in federal regulation of family law and policy
C.
a trend towards gender neutrality in several family law areas such as child custody and spousal support
D.
an increased emphasis on alternative dispute resolution
Question #2
A family law practice
A.
focuses largely on divorce and therefore does not address matters relating to same-sex couples.
B.
does not deal with premarital agreements because they are contracts and best left to attorneys who specialize in contract law.
C.
primarily focuses on issues related to the formation, continuation, and dissolution of marriages and other “family” relationships.
D.
does not handle adoptions because they are too complex and specialized.
Question #3
The role of a paralegal is shaped by which of the following forces?
A.
the size of the law practice
B.
all of these
C.
the scope of the practice
D.
the style and expectations of the supervising attorney
Question #4
A paralegal may perform which one of the following tasks?
A.
sign a pleading
B.
establish a fee
C.
draft motions for temporary orders and other forms of relief
D.
decide whether or not to accept a case
Question #5
A paralegal may do all but which one of the following under the supervision of an attorney?
A.
represent a client before a divorce court
B.
draft discovery requests
C.
assist with preparation of trial materials
D.
conduct or participate in client interviews
Question #6
Which of the following is a characteristic of an effective fee agreement?
A.
It is written in plain language rather than legalese.
B.
It identifies the circumstances under which the attorney may terminate the representation.
C.
It identifies the costs for which the client will be responsible.
D.
It is executed by the client and the attorney at the outset of the representation.
E.
none of these
F.
all of these
Question #7
A paralegal may do all but which one of the following:
A.
draft letters of engagement or nonengagement
B.
prepare interview summaries
C.
be paid a reasonable fee for services and receive bonuses not tied to a specific case
D.
assist and represent clients at administrative hearings (e.g. Veterans’ Administration or workman’s compensation boards)
E.
provide constructive legal advice to a client
Question #8
Which of the following is NOT a primary objective of an initial client interview?
A.
identify any urgent deadlines or emergency situations needing immediate attention.
B.
identify the nature of the client’s need for services.
C.
draft any pleadings that may be required.
D.
discuss the proposed scope of representation and potential fees, costs, and payment terms.
Question #9
Which of the following statements is true with respect to billing for paralegal services?
A.
Attorneys can split legal fees with paralegals.
B.
Fees for paralegal services are routinely set at the same rate as the supervising attorney.
C.
Paralegals are required to keep track of the time they spend working on individual client files as there must be documentation of the time they spend on each case.
D.
Attorneys can only charge for the legal services they personally provide and cannot charge clients for services performed b because they are not attorneys.
Question #10
Which of the following would least likely constitute a conflict of interest for a family law paralegal?
A.
dating a client
B.
working on a child support case for male client when the paralegal previously worked for an attorney representing the man’s ex-wife in their divorce
C.
borrowing money from a client
D.
buying home insurance from a client’s father
Question #11
Which of the following situations would not violate the duty to maintain and protect attorney-client confidentiality?
A.
The paralegal discusses the client’s case with his or her supervising attorney in a crowded public restaurant.
B.
The paralegal shows one client’s financial statement to another client to illustrate how the form should be completed.
C.
The client brings a parent with them to a meeting with the paralegal for “moral support” and the paralegal discusses the case with the client’s consent.
D.
The paralegal privately discusses a client’s troubling case with a parent or spouse during breakfast at home.
Question #12
Ann Marie has come to meet with Attorney Kelley regarding her desire to divorce her husband, Shawn, who after twenty years of marriage has revealed that he is having an affair with his administrative assistant. Ann Marie and her husband have two children, ages 4 and 8. Ann Marie is employed as a bank manager and her husband is a dentist. Ann Marie says that it is fine with her if Shawn wants a divorce because she certainly doesn’t want to remain married to him. She also says that under the circumstances, she should have no trouble getting alimony, most of their property, and custody of the children since she is their mother and a judge will want to punish Shawn for having an affair. In the contemporary family law context, which of the following statements is accurate with respect to this situation?
A.
Ann Marie is correct in assuming that she will be granted custody since she is the children’s mother.
B.
Because he is the man and viewed as the breadwinner in the family, Mark will be ordered by the court to pay alimony.
C.
Even with no-fault divorce, the courts in all states still pay maximum attention to marital fault so Ann Marie should receive all of the parties’ marital property.
D.
None of the above statements are accurate.
E.
All of the above statements are accurate.
Question #13
Dawne is a paralegal working in a family law practice. Her supervisor, Attorney Rabb, is out of the office due to a medical emergency when a new client, Daniela, comes in for a previously scheduled initial appointment. Rather than cancel and inconvenience her, Dawne meets with Daniela. She asks about what kind of assistance the client is seeking and records basic facts such as contact information. Because the client is seeking a divorce, she provides her with a copy of documents available in the office reception area such as a blank financial statement form, a blank child support guidelines worksheet, and a “Frequently Asked Questions” sheet developed by the supervising attorney. Dawne advises Daniela that the divorce will cost approximately $10,000. Which of the following statements is accurate with respect to the paralegal’s conduct in this situation?
A.
It was unethical for Dawne to participate in an interview and she should have cancelled the appointment.
B.
It was unethical for Dawne to gather and record basic contact information about the client.
C.
It was unethical for Dawne to provide the client with copies of documents and forms available in the firm’s reception area.
D.
It was unethical for Dawne to quote a fee to the client.
E.
None of the above involves unethical conduct on Dawne’s part.
F.
All of the above are examples of unethical conduct on Dawne’s part.
Question #14
Scott has come into the office where Pollyanna Paralegal works and wants to see an attorney about the possibility of getting alimony in his state when his wife files for divorce. Assuming the paralegal is assigned to work on the case, in what source is he or she MOST likely to find information about this topic?
A.
a form book
B.
court rules
C.
the state’s statutory code
D.
a legal dictionary
Question #15
Which of the following statements regarding fees and fee agreements in family law cases is not true?
A.
Contingent fees based on results obtained are very common in family law cases.
B.
Fees and costs are a major source of malpractice actions and tension between attorneys and clients in family law cases.
C.
A developing trend in family law cases is towards unbundling legal services.
D.
The splitting of fees between attorneys is permitted in some circumstances.
Question #16
Which of the following is NOT true of cohabitation?
A.
Absent a contractual agreement to the contrary, a cohabiting partner will not be ordered to pay support to the other partner.
B.
There is a presumption of paternity when a child is born to a female partner in a cohabiting couple.
C.
Division of property may be based on an agreement of the parties.
D.
Parties may freely choose to cohabit without satisfying any formal requirements.
Question #17
Which of the following devices can be used to establish rights between cohabiting partners?
A.
durable powers of attorney
B.
ownership of property as joint tenants with a right of survivorship
C.
health care proxies
D.
insurance policies
E.
None of the above will provides protection because the partners must be married to execute such documents.
F.
all of the above.
Question #18
Which of the following provisions in a cohabitation agreement is LEAST likely to be enforced:
A.
an agreement to engage in sexual relations a minimum of three times a week
B.
an agreement regarding responsibility for payment of household expenses
C.
an agreement not to have pets
D.
an agreement not to smoke in the parties’ residence
Question #19
An agreement made by two persons about to be married in which they define for themselves property rights, duties and responsibilities which flow from the marital relationship and which would otherwise be determined by state law upon divorce, separation, annulment, or death is which of the following?
A.
cohabitation agreement
B.
postmarital agreement
C.
separation agreements
D.
none of the above
Question #20
Although states vary with respect to specific requirements for validity, generally a premarital agreement must satisfy which of the following?
A.
basic requirements applicable to all contracts
B.
substantive fairness
C.
procedural fairness
D.
all of the above
Question #21
Fairness in the actual terms of an agreement that establish or waive rights (such as to alimony) is called
A.
substantive fairness.
B.
traditional fairness.
C.
contractual fairness.
D.
procedural fairness.
Question #22
Which of the following is an example of the substantive fairness of a premarital Which of the following is an example of the substantive fairness of a premarital agreement?
A.
The terms of the agreement relating to property division were fair at the time of execution and at the time of performance of the agreement.
B.
The parties entered the agreement freely and voluntarily.
C.
Each party had a sufficient opportunity to consult with counsel.
D.
None of the above.
E.
All of the above.
Question #23
Which of the following is a term that the courts are likely to enforce in premarital agreements?
A.
an agreement to engage in an insurance fraud scheme
B.
an agreement that one of the parties’ children by a prior marriage will not be permitted to live with the parties post marriage
C.
an agreement to raise any child of the marriage in a particular religious faith
D.
an agreement to perform specific sexual acts on an established schedule
E.
none of the above
F.
all of the above
Question #24
A severability provision provides:
A.
if any provision of the agreement is held illegal or invalid, the remaining provisions will continue to be of full force and effect.
B.
the agreement may be modified, amended, or rescinded at any time based on a mutual agreement of the parties.
C.
the agreement binds the parties to its terms but does not bind their respective heirs and assigns.
D.
the agreement contains the parties’ entire agreement.
Question #25
If a premarital agreement is held to be invalid,
A.
the court will divide the parties’ property based on their respective incomes.
B.
the judge may award alimony and divide marital property based on governing statutes and case law as applied to the facts of the case.
C.
the judge will automatically divide the parties’ property equally.
D.
the judge is free to award or not award alimony and to divide marital property as he or she sees fit.
Question #26
In which of the following cases did the court hold that when the facts warrant it, the courts should fashion appropriate equitable remedies for cohabitants to avoid hardship or injustice?
A.
Posner v. Posner
B.
Simeone v. Simeone
C.
Marvin v. Marvin
D.
none of the above
Question #27
Juliana is a paralegal in the office of Attorney William Putney. His client, William Swift, wants to execute a premarital agreement in anticipation of his approaching marriage. Juliana and Attorney Swift have discussed her involvement in preparing the agreement for Mr. Swift who is 93 years old. His bride is 25 years old and an aspiring actress. Juliana may be assigned to do all but which one of the following?
A.
attend and take notes at the initial meeting with Mr. Swift
B.
schedule further meetings and maintain communication with the client
C.
draft an Affidavit of Competency
D.
establish the fee for preparation of the agreement and draft the fee agreement
E.
help the client and the attorney gather necessary information and documents
Question #28
A person who lives with another in the good faith belief that they are married when they are not is
A.
a common law spouse
B.
a partner in a covenant marriage
C.
a partner in a ceremonial marriage
D.
a putative spouse
Question #29
Laws that prohibited interracial marriage are called
A.
alienation of affection laws
B.
tort laws
C.
anti-heart balm laws
D.
anti-miscegenation laws
Question #30
Which of the following is a NOT a reasonable state restriction on the right to marry?
A.
requiring the parties to take a blood test
B.
requiring a person to only marry another individual of the same faith
C.
setting a minimum age under which individuals may not marry or may not marry without parental consent
D.
All of the above are unreasonable restrictions on the right to marry.
Question #31
Which of the following is NOT a requirement relating to legal capacity to marry?
A.
requiring the parties to apply for a marriage license
B.
requiring that the parties not be too closely related by blood
C.
requiring that the parties have the mental capacity to marry, to understand the nature of marriage and the accompanying rights and responsibilities
D.
requiring the parties to be above a certain age
Question #32
Ceremonial marriage statutes usually require all but which one of the following?
A.
There must be a mention of a supreme being (God) in the ceremony.
B.
The ceremony must be performed by a person licensed by state law.
C.
The parties must obtain a marriage license.
D.
Witnesses must be present at the marriage ceremony.
Question #33
A restriction on the marriage of persons who are closely related by marriage involves an issue of
A.
affinity
B.
consortium
C.
consanguinity
D.
fraud
Question #34
Common law marriages
A.
can be established in all of the southern states.
B.
can be established in a majority of states.
C.
can be established in a minority of states.
D.
are no longer valid in any state.
Question #35
Which of the following “benefits” flow from a valid marriage?
A.
Each spouse is entitled to receive support from (and has a duty to provide support to) the other spouse.
B.
Absent an enforceable agreement to the contrary, each spouse is entitled to inherit from the other spouse under applicable state laws.
C.
Provided any necessary conditions are met, spouses are entitled to receive certain governmental benefits (such as social security and veterans’ benefits) after the death of a wage earner/veteran spouse.
D.
Absent an agreement to the contrary, parties to a valid marriage generally acquire an interest in all “marital property” acquired by the spouses during the marriage.
E.
None of the above
F.
All of the above
Question #36
Which of the following has been raised as an argument in favor of same sex marriage?
A.
Heterosexual couples make better parents than same sex couples.
B.
It threatens the institution of marriage as the basic building block of society.
C.
Procreation is the primary purpose of marriage.
D.
It is cost-effective.
E.
None of the above
F.
All of the above
Question #37
Geri and Rob are 25 years old and live in a state that recognizes and permits common law marriages. However they wanted to secretly “officially” marry in a ceremony. They met the requirements for and obtained a marriage license and were married by a friend “ordained” in an online religious organization recognized by their state. They lived together but never consummated their marriage or held themselves out to others as husband and wife. Which of the following best describes their marital status?
A.
Geri and Rob are common law spouses because they intended to be married and live in a state that recognizes common law marriage.
B.
They do not have a valid traditional/ceremonial marriage because they never consummated the marriage after the ceremony.
C.
They have a valid traditional/ceremonial marriage.
D.
They do not have a valid common law marriage because they never held themselves out to others as husband and wife.
Question #38
Which of the following statements is true about the rights and benefits that flow from a valid marriage and alternative relationships?
A.
When a man and woman live together as if they are husband and wife for a period of seven years, they are considered to be common law married in all states and are entitled to all spousal rights allowed under state and federal law.
B.
Civil unions generally afford same-sex couples fewer rights than do domestic partnerships.
C.
According to the United States General Accounting Office, there are more than 1,000 rights and duties that flow from a valid marriage.
Question #39
The type of marriage that places the greatest emphasis on the seriousness of the decision to marry and marriage as permanent is
A.
covenant marriage.
B.
putative marriage.
C.
common law marriage.
D.
ceremonial marriage.
Question #40
Which one of the following is NOT a characteristic of divorce?
A.
Upon divorce, property acquired during the marriage is divided between the parties based on principles of equitable division or community property rights.
B.
A divorce declares the marriage to be void ab initio.
C.
A divorce severs a marriage the parties acknowledge exists.
D.
Spousal support may be awarded to one of the parties based on need and the other party’s ability to pay.
Question #41
Which of the following is an example of a voidable marriage?
A.
the marriage of two siblings
B.
the marriage of a person who both parties know is still married to another person
C.
the marriage of a 16 year old and a 19 year old without parental or judicial consent
D.
the marriage of first cousins in all fifty states
E.
all of the above are examples of void marriages
Question #42
Which of the following is a ground for annulment relating to intent to marry?
A.
nonage
B.
consanguinity
C.
duress
D.
affinity
Question #43
Which of the following has NOT been deemed a fraud that “goes to the essentials of marriage?”
A.
misrepresentation of one’s financial circumstances
B.
a woman’s concealment of her pregnancy by another man
C.
a fraud relating to one’s ability or desire to have children
D.
an undisclosed intention not to consummate the marriage
Question #44
Bonnie and John have been married for ten years. When they married, John was unaware that Bonnie was pregnant by another man. By the time the child was five years old, John realized he could not possibly be the child’s father. Five years after that, he sought an annulment on fraud grounds. As a defense to his claim, Bonnie says he waited too long. She is raising which of the following defenses?
A.
laches
B.
consummation of the marriage
C.
equitable estoppel
D.
unclean hands
Question #45
Which of the following is true regarding the effect of an annulment?
A.
Most states now provide by statute that children who are born to marriages that are subsequently annulled will be deemed “illegitimate” for legal purposes under state law.
B.
The general rule is that property division and spousal support provisions apply following an annulment as they would following a divorce.
C.
Alimony obligations of a prior spouse are automatically revived by annulment of a recipient’s subsequent marriage.
D.
none of the above
E.
all of the above
Question #46
Defenses to an action for annulment based on a prior existing marriage include which of the following:
A.
laches
B.
The prior marriage was not valid.
C.
The prior spouse recently died.
D.
The plaintiff has “dirty hands.”
E.
none of the above
Question #47
Which of the following statements is NOT TRUE regarding the procedure for obtaining an annulment?
A.
Occasionally the law of a state and the facts of a particular case are such that a party may seek either a divorce or an annulment.
B.
The burden of proof in an annulment action is beyond a reasonable doubt.
C.
The general rule is that in an annulment action, the courts do not divide the “marital estate” and award spousal support as they would in a “real” marriage.
D.
In most states, either spouse, a parent or guardian of a child, or a conservator or guardian of an adult, has standing to seek an annulment or a judicial declaration of the invalidity of a marriage.
Question #48
Which of the following statements best describes the effect of an annulment on the parties’ children?
A.
When a marriage is annulled, the courts will not make orders for the care, custody, and maintenance of the parties’ minor children because their parents were never married.
B.
In most states, children born to marriages that are subsequently annulled will be considered “legitimate” for most legal purposes under state law.
C.
The children will be ineligible for federal dependent based benefits because their parents were never married.
D.
The children will be considered illegitimate under state law because their parents were never legally married.
Question #49
Alejandro and Imelda were married four years ago. At the time, Imelda was underage (16) and she failed to get her parent’s permission to marry when it was required. She is now 19 years old. Alejandro was unaware until shortly after they married that she was underage. They now have an infant son. He is now seeking an annulment on the ground of nonage. Imelda is contesting the divorce. Which defense is she most likely to raise?
A.
unclean hands
B.
judicial estoppel
C.
compliance with state statutes
D.
duress
E.
ratification
Question #50
In which of the following situations would the parties’ marriage most likely be considered void?
A.
One of the parties’ was married to another individual at the time they entered their “marriage.”
B.
One of the parties decides after the marriage not to consummate the marriage.
C.
The parties to the marriage were second cousins.
D.
Both of the parties were under the influence of marijuana at the time of the marriage ceremony.
Question #51
Molly has just started working at Attorney Hicks office. She assumed that she would be working on divorce cases but her supervisor has asked her to work on an annulment case. Her Family Law course did not address this topic in any depth and she has no idea what she may be asked to do. She calls her friend Wendy who works in another family law practice to see what she can find out. Wendy is likely to tell her that she may perform all but which one of the following tasks while working on the annulment case?
A.
gathering information and documentation essential to preparation of necessary documents, discovery requests, pleadings, and correspondence
B.
drafting an annulment Complaint and a supporting affidavit
C.
interviewing the client so she can determine whether or not a ground for annulment exists
D.
drafting discovery requests, if necessary
Question #52
In 1950, Jaclyn married Norman believing that her first husband, John, had died during World War II. She and Norman lived happily together for more than fifty years at which time Jaclyn learned that Norman had been injured and lost his memory during the War. Before recovering his memory, John married Georgina. Jaclyn, Norman, John and Georgina are all still alive. Both couples have had children. Which of the following statements is accurate?
A.
Both Jaclyn and Norman’s and John and Georgina’s marriages are void ab initio.
B.
Jaclyn and Norman’s and John and Georgina’s marriages are both valid because they were entered in good faith with clean hands.
C.
None of the parties’ children are legitimate because their parents were not legally married.
D.
Jaclyn and Norman’s marriage is valid because they have been together for more than fifty years.
Question #53
Drew and Alicia were married in Las Vegas one month after the conclusion of a television series in which Alicia chose Drew from among three dozen eligible bachelors. The ceremony was conducted on national television in front of millions of viewers. After the marriage, Drew told Alicia that he was not physically capable of ever having children. Alicia intends to seek an annulment of their alleged “marriage.” Which of the following statements is accurate regarding this situation?
A.
Alicia will not be able to obtain an annulment because it is her fault that she didn’t know more about Drew prior to marrying him.
B.
Alicia will not be able to obtain an annulment because if there is a fraud, it does not relate to “the essentials of marriage.”
C.
Alicia may be able to obtain an annulment on the basis of a fraud that relates to the “essentials of marriage.”
D.
Drew and Alicia’s marriage is void rather than voidable.
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