Md. bar exam July 2009 family

69 cards

self-explanatory


 
  
Created Jul 16, 2009
by
jfiorill

 

 
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  Side A   Side B
1
breach of promise to marry is:
 
not actionable
2
prenup is tested as to what time
 
divorce time
3
any of these four elements make prenup enforceable
 
full financial disclosure, knowledge of assets/value, lack of unfair disproportionality, lack...
4
how to defend against a prenup that passes initial enforceability test
 
K defenses
5
requirements for marriage
 
capacity (K capacity, opposite sexes...), license (lives 6 mos. and failing to get valid one...
6
common-law marriage
 
none in Md. but common-law couple from out of Md. treated as married
7
requirements for marriage ceremony
 
any religious/civil officer who can administer oath + witness + exchange of promises
8
annulment vs. divorce
 
annulment grounds ("impediments") predate the wedding
9
marriage void for these three annulment impediments
 
mental incapacity, bigamy, consanguinity
10
marriage voidable for these six waivable impediments
 
minority, intoxication, duress, fraud, impotence, distant relation
11
main way to waive impediment making marriage voidable
 
passage of time
12
rules of minority & capacity to marry
 
16/17 girl or boy w/a parent's consent; 16/17 girl w/medical certificate pregnant or mother;...
13
fraud as impediment to marriage: misrepresentation or concealment must relate to essential...
 
religion, sex, procreation...
14
definition of impotence as impediment to marriage:
 
incurable inability to have intercourse
15
two types of divorce
 
absolute & limited

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