Bay Area Justicecorps Family Law Quiz 2012-13

28 Questions | Total Attempts: 139

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Law Quizzes & Trivia

This Assessment Test is given at the beginning and end of your JusticeCorps experience to evaluate your level of knowledge in the area of Small Claims Court. The purpose of the Assessment Test is to see if your level of knowledge and understanding has improved through participation in the program. It is only for statistical purposes. This test will have no effect on your education award. “Dissolution of Marriage” refers to the legal proceeding in California commonly referred to as “divorce. " The “Petitioner” is the spouse who files the divorce court case and the “Respondent” is the spouse who receives the divorce papers.


Questions and Answers
  • 1. 
    If a litigant with two minor children wants to start a divorce case, what forms must he/she file to start the case?
    • A. 

      Summons

    • B. 

      Petition

    • C. 

      UCCJEA

    • D. 

      All of the above

  • 2. 
    What are the minimum “residency requirements” for filing a divorce case in California?
    • A. 

      Either Petitioner or Respondent or both must have resided in California for the past 6 months and the County for the past 3 months immediately preceding the filing of the action.

    • B. 

      Either Petitioner or Respondent or both must have resided in California for 1 month and in the County for 3 months.

    • C. 

      Either Petitioner or Respondent or both must have resided in California for 1 year and the County for 6 months.

    • D. 

      None of the above

  • 3. 
    After the Respondent has been personally served with the Petition for Dissolution of Marriage, how soon may the parties be legally divorced?
    • A. 

      Six months and one day after the date of service

    • B. 

      Immediately

    • C. 

      One month after the date of service

    • D. 

      One year after the date of service

  • 4. 
    After being served with divorce papers, what must a Respondent do in order to become a “party” to the case?
    • A. 

      File a Response Form in the court where the Petition was filed.

    • B. 

      Nothing. By being served papers the Respondent is automatically “party” to the case.

    • C. 

      Get a lawyer to file and serve papers to the Petitioner.

  • 5. 
    Who may Petitioner choose to personally deliver (“serve”) the initial divorce papers to Respondent?
    • A. 

      Anyone 18 years or older who is not a “party to the action.”

    • B. 

      A Petitioner or Respondent may serve papers in their own cases.

    • C. 

      A lawyer must serve a Respondent or a Petitioner their papers.

    • D. 

      It does not matter who serves the papers.

  • 6. 
    How may a litigant have papers served to the other party?
    • A. 

      Personal service

    • B. 

      Notice of acknowledgement

    • C. 

      Service by publication

    • D. 

      All of the Above

  • 7. 
    What is the difference between “reserving jurisdiction” and “terminating jurisdiction?”
    • A. 

      Reserving means the court retains jurisdiction to make court orders and either party may file a request. Termination means that the court’s jurisdiction to make court orders regarding that particular issue is terminated.

    • B. 

      Reserving means that each litigant reserves the right to a lawyer. Termination means that a litigant refuses to be represented by a lawyer.

    • C. 

      Reserving means that the court has the right to refuse a case. Termination means that the court has decided to throw a case out.

  • 8. 
    On what specific grounds may a litigant apply for a fee waiver? (1)If he/she receives benefits from income-based government programs (CalWorks etc); (2) If his/her gross household monthly income does not exceed the guideline chart on the Info Sheet Re Fee Waiver; (3) If he/she claims that he/she cannot afford the filing fee (Petition fee or Response fee) and also pay for the necessities of life
    • A. 

      All of the above

    • B. 

      1 and 2 only

    • C. 

      1 and 3 only

    • D. 

      2 and 3 only

  • 9. 
    Adultery is one of the legal grounds for divorce in California.
    • A. 

      True

    • B. 

      False

  • 10. 
    After the Petitioner files their Petition and Summons at the court; the court clerk will send a copy of those documents to the Respondent.
    • A. 

      True

    • B. 

      False

  • 11. 
    A litigant should first serve the Petition and Summons to his/her spouse and then file them with the court.
    • A. 

      True

    • B. 

      False

  • 12. 
    When the initial divorce papers are personally delivered to the Respondent, the Respondent must sign a “Proof of Service” indicating acceptance of the court papers.
    • A. 

      True

    • B. 

      False

  • 13. 
    Credit card debt held in only one party's name, which was only incurred during the marriage and before separation, is usually considered a “community" debt.
    • A. 

      True

    • B. 

      False

  • 14. 
    If the Respondent in a divorce case fails to file a Response with the court within 30 days of being personally served with the Petition and Summons; he/she loses the right to file a Response.
    • A. 

      True

    • B. 

      False

  • 15. 
    In California, all divorce cases require at least one court hearing in front of a judge/commissioner.
    • A. 

      True

    • B. 

      False

  • 16. 
    A gift or inheritance to one spouse during the marriage before separation is usually “community property.”
    • A. 

      True

    • B. 

      False

  • 17. 
    Adopted children should not be included as “children of the marriage” in the divorce papers.  
    • A. 

      True

    • B. 

      False

  • 18. 
    All earnings from employment during the marriage which are kept in separate bank accounts (held in only one spouse's name) are usually “separate property.”
    • A. 

      True

    • B. 

      False

  • 19. 
    A retirement fund or pension held in the name of one spouse only and earned before marriage, during marriage and after separation may be characterized as both “separate property” of that spouse and “community property” of the marriage.  
    • A. 

      True

    • B. 

      False

  • 20. 
    Children born to the Petitioner and Respondent before the date of marriage should be included in the divorce case as “children of the marriage.”
    • A. 

      True

    • B. 

      False

  • 21. 
    In California, spousal support is only awarded in a marriage of 10 years or longer.
    • A. 

      True

    • B. 

      False

  • 22. 
    When both spouses in a divorce case are employed, neither spouse may request spousal support.
    • A. 

      True

    • B. 

      False

  • 23. 
    When the noncustodial parent fails to pay his/her court-ordered child support, the custodial parent may legally deny visitation with the children.  
    • A. 

      True

    • B. 

      False

  • 24. 
    Select the definition that best matches Service of Process:
    • A. 

      Legally effective delivery of legal documents.

    • B. 

      When one party of the case directly serves legal papers to the other party in the case.

    • C. 

      When a party files a Petition and is, in turn, provided a court hearing date in the near future to check in on the case's progress.

  • 25. 
    Select the definition that best matches Community Property:
    • A. 

      Legal procedure that requires the employer of a judgment debtor to withhold a portion of the judgment debtor's wages

    • B. 

      Assets and Debts purchased/incurred during the marriage and before the date of separation

    • C. 

      Assets and Debts purchased before the marriage, during the marriage, or after the date of separation that were intended to benefit the family ("community")

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