Capitol Region Justicecorps Family Law Quiz
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This test is administered at the beginning and at the conclusion of your JusticeCorp experience to evaluate your level of knowledge in the area of Family Law/Dissolution of Marriage. “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.
File a Dissolution of Marriage
- C.
UCCJEA
- D.
All of the above
Correct Answer
D. All of the aboveExplanation
To start a divorce case, a litigant with two minor children must file all of the above forms. The summons is necessary to notify the other party about the divorce proceedings. Filing a Dissolution of Marriage form is essential to officially initiate the divorce process. The UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) form is required when there are minor children involved to determine the appropriate jurisdiction for the custody determination. Therefore, all three forms are necessary to start the divorce case in this scenario.Rate this question:
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- 2.
What are the minimum “residency requirements” for filing a divorce case?
- A.
Either Petitioner or Respondent 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.
Or resided in California for 1 month and in the County for 3 months
- C.
Or resided in California for 1 year and the County for 6 months
- D.
None of the above
Correct Answer
A. Either Petitioner or Respondent 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.Explanation
The minimum residency requirement for filing a divorce case is that either the Petitioner or the Respondent must have resided in California for the past 6 months and in the County for the past 3 months immediately before filing the action. This means that at least one of the parties involved in the divorce must have been living in California for 6 months and in the specific County for 3 months prior to filing for divorce.Rate this question:
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- 3.
After Respondent has been personally served with the Petition for Dissolution of Marriage, how soon may the parties be legally divorced?
- A.
Six months and a day after the date
- B.
Immediately
- C.
1 month
- D.
1 year
Correct Answer
A. Six months and a day after the dateExplanation
After the Respondent has been personally served with the Petition for Dissolution of Marriage, the parties may be legally divorced six months and a day after the date. This waiting period allows for the parties to consider their decision and gives them time to resolve any outstanding issues before finalizing the divorce.Rate this question:
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- 4.
After being served with divorce papers, what must Respondent do in order to become a “party” to the case?
- A.
File a Response Form in the court where the Petitioner was filed.
- B.
Nothing, by being served papers the Respondent is automatically “party” to the case.
- C.
Get a lawyer to file papers to the Petitioner.
Correct Answer
B. Nothing, by being served papers the Respondent is automatically “party” to the case.Explanation
When the respondent is served with divorce papers, they automatically become a "party" to the case. This means that they are now involved in the legal proceedings and have the right to participate in the case. They do not need to take any further action, such as filing a response form or getting a lawyer to file papers to the petitioner, in order to become a "party" to the case.Rate this question:
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- 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.
Correct Answer
A. Anyone 18 years or older who is not a “party to the action.”Explanation
The correct answer is that anyone 18 years or older who is not a "party to the action" may serve the initial divorce papers to the Respondent. This means that the Petitioner can choose any adult who is not directly involved in the divorce case to deliver the papers to the Respondent. It is not necessary for a lawyer to serve the papers, and both the Petitioner and Respondent have the option to serve papers in their own cases.Rate this question:
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- 6.
How may a litigant serve papers?
- A.
Personal service
- B.
Notice of acknowledgement
- C.
Service by publication
- D.
All of the Above
Correct Answer
D. All of the AboveExplanation
A litigant may serve papers in multiple ways. Personal service involves physically delivering the papers to the recipient. Notice of acknowledgement requires the recipient to sign a document acknowledging receipt of the papers. Service by publication involves publishing a notice in a newspaper or other public forum when the recipient's whereabouts are unknown. "All of the Above" indicates that all the mentioned methods are valid ways for a litigant to serve papers.Rate this question:
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- 7.
What is the impact of domestic violence (DV) on child custody and visitation issues?
- A.
If there was DV in the past 5 years then there is a presumption that an award of sole, or joint custody of that child should not go to the person who perpetrated the DV.
- B.
If there has been no DV in the past 5 years the courts won’t recognize it as part of the case.
- C.
Any DV on a child means that the perpetrator will be arrested and lose all legal custodial rights.
Correct Answer
A. If there was DV in the past 5 years then there is a presumption that an award of sole, or joint custody of that child should not go to the person who perpetrated the DV.Explanation
If there has been domestic violence (DV) within the past 5 years, it is presumed that the person who committed the DV should not be awarded sole or joint custody of the child. This means that the court will consider the DV when making custody and visitation decisions. However, if there has been no DV within the past 5 years, the court will not take it into account in the case. Additionally, any DV on a child will result in the perpetrator being arrested and losing all legal custodial rights.Rate this question:
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- 8.
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 permanently.
- 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.
Correct Answer
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 permanently. -
- 9.
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 (“he cannot afford it”)
- A.
All of the above
- B.
1 and 2 only
- C.
1 and 3 only
- D.
3 and 2 only
Correct Answer
A. All of the aboveExplanation
A litigant may apply for a fee waiver on the grounds that they receive benefits from income-based government programs, their gross household monthly income does not exceed the guideline chart, and they claim that they cannot afford the filing fee and also pay for the necessities of life. These are all valid reasons for a litigant to request a fee waiver.Rate this question:
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- 10.
Legal documents filed with the court may be typed or handwritten.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
Legal documents filed with the court may be typed or handwritten. This means that individuals have the option to either type or write their legal documents when submitting them to the court. There is no specific requirement for the documents to be typed or handwritten, allowing flexibility for individuals to choose the method that works best for them.Rate this question:
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- 11.
Adultery is one of the legal grounds for divorce in California
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Adultery is not one of the legal grounds for divorce in California. In California, the state follows a "no-fault" divorce system, which means that a spouse does not need to prove that the other spouse did something wrong in order to obtain a divorce. Instead, a spouse can simply state that there are irreconcilable differences, which makes it unnecessary to prove adultery or any other specific reason for the divorce. Therefore, the statement is false.Rate this question:
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- 12.
Both Husband and Wife must meet “minimum residency requirements” in order to file a divorce case in California and in the appropriate county.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
In order to file a divorce case in California, only one of the spouses needs to meet the "minimum residency requirements" and it is not necessary for both the husband and wife to meet these requirements. Therefore, the statement is false.Rate this question:
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- 13.
After the “Petitioner” files her divorce case at the court; the court clerk will send a copy of the divorce papers to the “Respondent.”
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The statement is false because the court clerk does not send a copy of the divorce papers to the respondent after the petitioner files for divorce. It is the responsibility of the petitioner to serve the respondent with the divorce papers themselves, usually through a process server or by certified mail. The court clerk's role is to file the papers and provide the petitioner with a stamped copy as proof of filing.Rate this question:
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- 14.
A litigant should first deliver the divorce court papers to his/her spouse and then file the court papers with the court.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The correct answer is False. This statement is incorrect because in the process of getting a divorce, the litigant should first file the court papers with the court and then deliver them to their spouse. Filing the court papers is the formal step that initiates the legal process, and delivering them to the spouse is typically done afterwards to notify them of the divorce proceedings.Rate this question:
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- 15.
A litigant must have an attorney represent him/her at a court hearing in front of a judge.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The statement is false because while it is advisable to have an attorney represent a litigant at a court hearing, it is not always mandatory. In many legal systems, individuals have the right to represent themselves in court, known as appearing "pro se." However, having an attorney can be beneficial as they have knowledge of the law and legal procedures, which can help protect the litigant's rights and present their case effectively.Rate this question:
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- 16.
When the initial divorce papers are personally delivered to Respondent, Respondent must sign a “proof of service” indicating acceptance of the court papers.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
When the initial divorce papers are personally delivered to the Respondent, it is not necessary for the Respondent to sign a "proof of service" indicating acceptance of the court papers. The requirement to sign a proof of service may vary depending on the jurisdiction and the specific rules and procedures of the court handling the divorce case. In some cases, the Respondent may be required to sign a proof of service, while in others, alternative methods of service may be accepted. Therefore, the statement that the Respondent must sign a proof of service is false.Rate this question:
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- 17.
A credit card debt held in Wife’s name only which was incurred during the marriage before separation is usually considered a “community property debt.”
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
In most cases, a credit card debt incurred by one spouse during the marriage before separation is considered a "community property debt." This means that even if the debt is in the wife's name only, both spouses are typically responsible for it. Community property laws consider debts acquired during the marriage as shared responsibilities, regardless of whose name is on the debt. Therefore, the statement is true.Rate this question:
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- 18.
If the Respondent in a divorce case fails to file a Response with the court within 30 days of being personally served with the court papers; he/she loses the right to file a Response.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
If the Respondent in a divorce case fails to file a Response with the court within 30 days of being personally served with the court papers, it does not mean that he/she loses the right to file a Response. While there may be consequences for not responding within the specified time frame, such as the court potentially granting the Petitioner's requests without the Respondent's input, it does not automatically strip the Respondent of their right to file a Response at a later time. Therefore, the statement is false.Rate this question:
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- 19.
In the state of California, all divorce cases require at least one court hearing in front of a judge.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
In the state of California, not all divorce cases require at least one court hearing in front of a judge. This means that there are certain divorce cases in California that may be resolved without the need for a court hearing.Rate this question:
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- 20.
A gift or inheritance to one spouse during the marriage before separation is usually “community property.”
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
In this case, the correct answer is False. The statement suggests that a gift or inheritance to one spouse during the marriage before separation is usually considered "community property." However, this is not true. In most cases, gifts or inheritances received by one spouse during the marriage before separation are considered separate property and do not belong to the community.Rate this question:
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- 21.
Court-based Mediation between Husband and Wife is mandatory before any non-emergency, contested child custody hearing.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
In this context, the explanation for the correct answer "True" is that before any non-emergency, contested child custody hearing, it is mandatory for the husband and wife to go through court-based mediation. This means that they must attempt to resolve their differences and come to an agreement regarding child custody with the help of a mediator appointed by the court. This requirement aims to encourage peaceful resolution and avoid unnecessary litigation in child custody disputes.Rate this question:
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- 22.
Adopted children should not be included as “children of the marriage” in the divorce papers.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Adopted children should be included as "children of the marriage" in the divorce papers. This is because once a child is legally adopted, they are considered to be a legal member of the family and have the same rights and responsibilities as biological children. Excluding them from the divorce papers would not only be unfair to the child but also go against the legal recognition of their status as a member of the family.Rate this question:
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- 23.
All earnings from employment by Husband or Wife which are kept in separate bank accounts during the marriage are usually “separate property.”
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The correct answer is False because in most jurisdictions, earnings from employment during the marriage are considered marital property, regardless of whether they are kept in separate bank accounts. Marital property is typically subject to division in the event of a divorce or separation. Separate property usually refers to assets owned by an individual before the marriage, inheritances, or gifts received during the marriage that are specifically designated as separate.Rate this question:
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- 24.
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
Correct Answer
A. TrueExplanation
In some jurisdictions, a retirement fund or pension held in the name of one spouse only can be characterized as both "separate property" of that spouse and "community property" of the marriage. This means that the funds are considered both the individual's personal property and shared property of the marriage. This classification allows for certain rights and protections for both spouses in the event of a divorce or separation.Rate this question:
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- 25.
Children born before the date of marriage should be included in the divorce case as “children of the marriage.”
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
Children born before the date of marriage should be included in the divorce case as "children of the marriage" because they are still legally recognized as the children of both spouses. Including them in the divorce case ensures that their rights and interests are protected and that any decisions regarding custody, support, and visitation can be made in their best interests.Rate this question:
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- 26.
In California, spousal support is only awarded in a marriage of 10 years or longer.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Spousal support in California is not only awarded in marriages of 10 years or longer. While the length of the marriage is a factor considered by the court, it is not the sole determining factor. The court takes into account various factors such as the earning capacity of each spouse, the standard of living during the marriage, and the needs of each party. Therefore, spousal support can be awarded in marriages of any duration, depending on the specific circumstances of the case.Rate this question:
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- 27.
When both spouses in a divorce case are employed, neither spouse may request spousal support.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
In a divorce case where both spouses are employed, it does not automatically mean that neither spouse can request spousal support. The decision to award spousal support depends on various factors such as the income disparity between the spouses, the length of the marriage, and the financial needs of each spouse. Even if both spouses are employed, if one spouse earns significantly more or if there are other circumstances that justify the need for spousal support, it can still be requested and granted. Therefore, the statement is false.Rate this question:
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- 28.
When the noncustodial parent fails to pay his/her court ordered child support, the custodial parent may deny visitation with the children.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The statement is false because visitation rights and child support are separate legal issues. The custodial parent cannot legally deny visitation rights to the noncustodial parent simply because they have failed to pay child support. The court may enforce child support payments through various means, such as wage garnishment or property liens, but it does not affect visitation rights.Rate this question:
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- 29.
Select the definition that best matches Service of Process:
- A.
Legally effective delivery of legal documents
- B.
A statement or assertion made with out proof
- C.
A formal court proceeding with all parties in the case present
Correct Answer
A. Legally effective delivery of legal documentsExplanation
The correct answer is "Legally effective delivery of legal documents." Service of Process refers to the legal procedure of delivering legal documents to a party involved in a lawsuit. It is a crucial step in ensuring that all parties are properly notified and have the opportunity to respond to the lawsuit. This delivery must be done in accordance with specific legal requirements to ensure its validity.Rate this question:
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- 30.
Select the definition that best matches Community Property:
- A.
Legal procedure that requires the employer of a judgment debtor to with hold a portion of the judgment debtors wages
- B.
Assets and Debts purchased/incurred during the marriage and before the date of separation
- C.
The final decision by the court
- D.
Assets and debts incurred before the marriage and after the separation
Correct Answer
B. Assets and Debts purchased/incurred during the marriage and before the date of separationExplanation
Community property refers to assets and debts that are acquired or incurred by a married couple during their marriage and before the date of separation. This means that any property or debts obtained by either spouse during the marriage are considered community property and are typically divided equally in the event of a divorce or separation. This definition aligns with the answer choice "Assets and Debts purchased/incurred during the marriage and before the date of separation."Rate this question:
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- 31.
Select the definition that best matches Legal Custody:
- A.
The legal decision making power over mutual property
- B.
The legal decision making power over liquid assets
- C.
The legal decision making power over the children
Correct Answer
C. The legal decision making power over the childrenExplanation
Legal custody refers to the legal decision-making power over the children. This means that the person with legal custody has the authority to make important decisions regarding the child's upbringing, such as education, healthcare, and religious practices. Legal custody does not pertain to property or assets, but specifically focuses on the rights and responsibilities related to the children involved.Rate this question:
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- 32.
Select the definition that best matches Order to Show Cause:
- A.
An evidentiary hearing held during the divorce before final judgment is entered
- B.
An evidentiary hearing held after final judgment
- C.
A and B
Correct Answer
C. A and BExplanation
The correct answer is A and B. An Order to Show Cause is a legal term used to describe an evidentiary hearing that can be held both during the divorce proceedings before the final judgment is entered, as well as after the final judgment has been made. This hearing allows the court to review and address any issues or violations that may have occurred during the divorce process. Therefore, both options A and B accurately define the concept of an Order to Show Cause.Rate this question:
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- 33.
Select the definition that best matches Findings and Order After Hearings:
- A.
The legal finding by a judge or jury that the accused is not guilty
- B.
A document prepared by the litigant or the court clerk after a hearing which contains all of the orders made by the judge
- C.
A court having jurisdiction to review the law as applied in a prior determination of the same case
Correct Answer
B. A document prepared by the litigant or the court clerk after a hearing which contains all of the orders made by the judgeExplanation
The correct answer is "A document prepared by the litigant or the court clerk after a hearing which contains all of the orders made by the judge." This definition accurately describes the term "Findings and Order After Hearings" as a document that summarizes and records all the orders made by the judge after a hearing. It is typically prepared by either the litigant or the court clerk and serves as an official record of the judge's decisions and rulings.Rate this question:
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- 34.
Select the definition that best matches Separate Property:
- A.
Assets and Debts earned/acquired/incurred after the date of marriage or after the date of separation or a gift or inheritance during the marriage
- B.
Assets and Debts earned/acquired/incurred before the date of marriage or after the date of separation or a gift or inheritance during the marriage
- C.
Assets and Debts that were specified in a prenuptial agreement
Correct Answer
B. Assets and Debts earned/acquired/incurred before the date of marriage or after the date of separation or a gift or inheritance during the marriageExplanation
Separate property refers to assets and debts that were acquired before the date of marriage or after the date of separation, as well as any gifts or inheritances received during the marriage. This means that these assets and debts are not considered marital property and are not subject to division in the event of a divorce.Rate this question:
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Current Version
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Apr 23, 2024Quiz Edited by
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Sep 07, 2010Quiz Created by
Dsiskind
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