Paralegal 018 - Family Law » Fall 2019 » Exam 2

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Question #1
Which of the following provides the best description of the sequence of stages in the divorce process?
A.   initial interview, Complaint, Answer, discovery, separation agreement, hearing, decree.
B.   initial interview, discovery, Complaint, separation agreement, Answer, trial, decree.
C.   initial interview, negotiation, Answer, Complaint, separation agreement, trial, decree.
D.   discovery, Complaint, Answer, temporary orders, negotiation, permanent orders, separation agreement, trial, decree.
Question #2
An alternative dispute resolution process in which a neutral third person helps the parties clarify their issues, consider alternatives, and reach a settlement is:
A.   pretrial conferencing
B.   mediation
C.   direct negotiation
D.   arbitration
Question #3
Bert owns homes in Ft. Myers, Florida and San Francisco, California. He stays in Florida from October through May.  He has a car registered in each state and flies back and forth between the two states.  He uses his California address on his tax returns, votes in that state, and has a California driver’s license.  San Francisco can best be described as Bert’s:
A.   domicile
B.   residence
C.   home state
D.   jurisdiction
Question #4
The authority of a court to hear a particular kind of case such as a divorce action is called:
A.   in rem jurisdiction
B.   subject matter jurisdiction
C.   personal jurisdiction
D.   venue
Question #5
Which of the following is NOT a means of establishing personal jurisdiction over a defendant in a divorce action?
A.   personal service on a nonresident defendant while he or she is physically present in the jurisdiction.
B.   actual service over a defendant domiciled in the state.
C.   publication in a newspaper and mailing to a nonresident defendant’s last known address.
D.   establishing that a nonresident defendant has sufficient minimum contacts with the state under its long-arm statute.
Question #6
Discovery is usually used in family law cases to seek information relating to:
A.   dissipation of marital assets.
B.   parenting history, skills and weaknesses.
C.   financial assets and liabilities.
D.   financial and nonfinancial contributions to the marriage.
E.   none of the above.
F.   all of the above.
Question #7
John Almeida has come into a family law office to meet with Attorney Willis.  He is seeking a divorce from his wife of ten years.  Throughout their marriage she has managed all their financial affairs and he has been the primary caretaker of the children.  He suspects that she has several assets including investments, bank accounts, and a pension plan among others.  He wants to find out information about these assets but doesn’t have a lot of money to invest in discovery.  He also doesn’t trust his wife to tell the truth about what she owns.  Attorney Willis is most likely to recommend which of the following formal discovery methods as a cost-effective and useful tool for gathering information that will generate other discovery requests even though it does not provide any opportunity for the requesting party to assess the respondent’s credibility and demeanor as a witness.
A.   depositions
B.   interrogatories
C.   requests for physical or mental examinations
D.   electronic discovery
Question #8
Isabella and Roberto are getting a divorce after thirty years of marriage.  They have only two major assets: the marital home and Roberto’s pension plan at the oil company where he has been employed all of his professional life.  Isabella’s attorney wants to learn about the specifics of Roberto’s pension plan.  Which formal discovery method will she most likely employ to obtain that information?
A.   request for admissions
B.   deposition
C.   interrogatories
D.   request for production of documents or things
Question #9
Which of the following is likely to be the most expensive formal discovery method?
A.   request for admissions
B.   depositions
C.   request for production of documents or things
D.   interrogatories
Question #10
Julio is engaged in a bitter divorce action with his wife, Margarita, who has left him for another man.  He is seeking information in a series of discovery requests regarding her HIV status in an attempt to embarrass and expose her.  She will MOST likely do which of the following in an effort to seek assistance from the court?
A.   seek a protective order
B.   request that the court sanction the husband for his tasteless behavior
C.   request a discovery conference
D.   order the husband to cease all discovery
Question #11
Sabrina and Gardiner are getting divorced and both of them are committed to continuing to play a major role in the lives of their two minor children.  If they both continue to have an equal say in the major decisions regarding their children such as choice of religious training, schooling, and medical treatment of serious health problems, they will be said to have:
A.   joint physical custody.
B.   split custody.
C.   joint legal custody.
D.   individual decision making authority.
Question #12
Many states now provide by statute a preference for: 
A.   split custody.
B.   legal custody to one parent, physical custody to the other.
C.   whichever custody arrangement the parties require in their separation or parenting agreement.
D.   joint custody.
Question #13
Ivette and Shawn are getting divorced.  Shawn wants custody of their teenage daughter and Ivette wants custody of their son who has never bonded with his father.  If Shawn has sole custody of the daughter and Ivette has sole custody of their son, the parents will be said to have:
A.   split custody.
B.   joint custody.
C.   a co-parenting agreement.
D.   all of the above.
Question #14
Roberto and Isabella lived in California during their brief four year marriage.  One year ago, they decided to divorce and Isabella moved to Oklahoma with their two year old daughter, Kristina.  They have lived there since that time.  Under the UCCJEA, the priority ground for original jurisdiction in this interstate child custody cases will be:
A.   California because that is the state where Roberto plans to file for divorce as a last resort.
B.   California because that state has the most significant connection to the couple because they married there and their child was born there.
C.   Oklahoma based on emergency jurisdiction.
D.   Oklahoma as the child’s home state.
Question #15
Rene and Angela had been married for seven years and had a five year old son, Pierre.  When they divorced, Angela was granted physical custody and Rene had “reasonable” visitation rights.  Rene was very unhappy with the custody award and during one of his “visits” took Pierre and returned with him to his native France without the consent of either Angela or the court. Which of the following may be most helpful to Angela whose son has been wrongfully removed from the United States?
A.   The Hague Convention
B.   UCCJA
C.   The PKPA
D.   UCCJEA
Question #16
Which of the following is currently the dominant standard for making custody determinations in the United States?
A.   tender years doctrine
B.   maternal preference
C.   best interest of the child
D.   approximation rule
E.   paternal preference
Question #17
Kristen and Derek are engaged in a bitter custody battle in the context of their divorce.  Both of them love and are committed to their one minor child, Jason, who is three years old. Kristen is a hard working corporate executive who has only taken four weeks leave during their marriage.  Derek has been at home taking care of Jason and the family home.  Absent abuse, the family courts in their state grant custody to the parent who has been most involved in the daily care of the child in recent months.  Custody will most likely be awarded to:
A.   Kristen based on the tender years presumption.
B.   Derek based on the primary caretaker presumption.
C.   Derek based on the significant contacts test.
D.   Derek based on the paternal preference rule.
Question #18
The United States Supreme Court held in the Palmore v. Sidoti case that which of the following may not be used as the sole factor in determining what will be in a child’s best interests?
A.   gender
B.   sexual preference
C.   stability
D.   race
E.   religion
Question #19
Which of the following factors must be considered by a court making custody decisions in virtually all states?
A.   the child’s preference
B.   a documented history of domestic violence
C.   the custodial parent’s sexual preference
D.   parental smoking
Question #20
 Len and Susan have a daughter, Melody.  Susan has physical custody and Len has visitation specified in a parenting plan.  Len is delinquent in his child support payments and often returns Melody to her mother late after visits and on other occasions fails to show up for scheduled visits.  Which of the following is Susan’s lawyer most likely to recommend?
A.   Susan should stop allowing Len to visit with Melody because he does not comply with the parties’ agreed upon and court ordered visitation schedule.
B.   Len should file an action for a decrease in child support.
C.   Susan should stop allowing Len to visit with Melody because he is delinquent in child support payments.
D.   Susan should file a complaint for modification of the custody order.
Question #21
Klara is getting divorced from her husband, Grover, and tells her lawyer that she wants to get enough child support from her ex-husband to buy a new house for their three minor children, herself, and her new boyfriend.  Which of the following will her lawyer NOT tell her?
A.   The formula for calculating child support commonly takes into account the number of children, child care costs, and the income of the noncustodial parent.
B.   She is unlikely to be awarded much child support because her relationship with her boyfriend caused the breakup of her marriage.
C.   Child support is driven by state guidelines.
D.   Child support is for the benefit of the children and not her.
Question #22
Jessica has been struggling to support her three year old son.  The boy’s father, Kent, is very inconsistent in making his court-ordered child support payments and has made no payments for six months despite the fact that he earns a regular salary as a fire fighter.  She has contacted an attorney who is likely to tell her that usually the most effective means of enforcing child support orders is which of the following?
A.   tax refund intercepts
B.   civil contempt
C.   credit clouding/reporting
D.   income withholding
E.   passport denial
Question #23
A federally mandated Title IV-D Agency provides which of the following services?
A.   enforcement of support awards
B.   assistance in locating absent parents
C.   periodic review of child support awards
D.   establishment of paternity when necessary
E.   all of these
Question #24
In the event of bankruptcy of a spouse owing child support, the child support obligation is:
A.   discharged.
B.   increased.
C.   not discharged.
D.   reduced.
Question #25
Which of the following is NOT true with respect to child support?
A.   A step-parent owes a duty of child support to step-children he or she has adopted.
B.   A parent’s child support obligation automatically terminates when the child reaches the age of majority in every state.
C.   A parent’s duty to support his or her child may continue even if the child is in the custody of a governmental agency such as a residential treatment program.
D.   Child support refers to a parent’s legal obligation to contribute to the economic maintenance of a child until the age of majority, emancipation, or some other circumstance specified by a court
Question #26
Andrea wants to seek a deviation in the child support amount resulting from the application of the guidelines.  She thinks her daughter’s father should have to pay a higher amount of child support for all of the following reasons.  Which of the reasons is the court likely to agree with, if any?
A.   The court is likely to consider each of these a sufficient ground to warrant a deviation.
B.   Andrea has recently remarried and her new husband has a child they are raising.
C.   None of these is sufficient to warrant a deviation from the guidelines amount.
D.   Although she can still work at her job, Andrea has developed a respiratory condition and seeks a deviation on that basis.
E.   The daughter has been accepted at a very expensive college and Andrea considers this an extraordinary expense.
Question #27
 Child support issues arise in which of the following contexts?
A.   divorce actions
B.   child care and protection actions
C.   legal separation actions
D.   paternity actions
E.   all of the above
Question #28
Which of the following is true of alimony in the contemporary family law context?
A.   Alimony awards have decreased in number but increased in duration.
B.   Its primary purpose is to punish a blameworthy spouse.
C.   It is never awarded in the context of a no-fault divorce.
D.   It is viewed primarily as an economic event designed to enable a dependent spouse to obtain skills, enter or reenter the workforce, and become self-sufficient.
Question #29
Which of the following statements is TRUE with respect to factors considered by the courts when making alimony decisions?
A.   Courts in all states will give considerable weight to marital infidelity as a factor.
B.   Alimony will not be awarded by courts unless the marriage is considered a long term marriage (longer than 15 years).
C.   Contributions to the marriage as a homemaker will not be considered because they are too difficult to calculate.
D.   The fundamental question considered by the courts is does one of the parties have a need for continuing financial support that the other party has an ability to pay?
Question #30
Under which of the following circumstances would a petition for modification of spousal support by the payor most likely be granted?
A.   It is a lump sum or rehabilitation award rather than a term alimony award.
B.   The payor quits his or her job.
C.   The cost of living goes up in the area where either of the parties lives.
D.   A change in circumstances occurs that makes the original order unfair.
Question #31
Absent a court order, an alimony obligation will usually terminate upon:
A.   remarriage of the recipient
B.   death of the payor
C.   none of these
D.   death of the recipient
E.   any of these

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