Summer LA Justicecorps Family LAw Quiz 2013

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Summer LA Justicecorps Family LAw Quiz 2013 - Quiz


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 above
    Explanation
    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 to establish jurisdiction and determine child custody arrangements. Therefore, all three forms are necessary to begin the divorce case.

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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 correct answer is that either the Petitioner or the 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. This means that in order to file for a divorce in California, at least one of the parties involved must have lived in California for the past 6 months and in the specific county where the case is being filed for the past 3 months.

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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 date
    Explanation
    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 necessary time for both parties to consider the implications of divorce and potentially reconcile before the divorce is finalized.

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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
    By being served with divorce papers, the Respondent automatically becomes a "party" to the case. This means that they are now involved in the legal proceedings and have the right to participate and present their side of 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, as they are already considered a party to the case.

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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 states that the Petitioner may choose anyone who is 18 years or older and is not a "party to the action" to personally deliver the initial divorce papers to the Respondent. This means that the Petitioner has the freedom to select any adult who is not directly involved in the divorce case to serve the papers.

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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 Above
    Explanation
    A litigant may serve papers in three ways: personal service, notice of acknowledgement, and service by publication. Personal service involves physically delivering the papers to the recipient. Notice of acknowledgement requires the recipient to sign and acknowledge receipt of the papers. Service by publication is used when the recipient cannot be located and involves publishing a notice in a newspaper or other public medium. Therefore, the correct answer is "All of the Above" as all three methods are valid ways for a litigant to serve papers.

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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 be inclined to give custody to the non-perpetrator parent. However, if there has been no DV in the past 5 years, it will not be considered as a relevant factor in the custody case. It is important to note that any DV on a child will result in the perpetrator being arrested and losing all legal custodial rights.

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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 above
    Explanation
    A litigant may apply for a fee waiver if they receive benefits from income-based government programs, if their gross household monthly income does not exceed the guideline chart, or if they claim that they cannot afford the filing fee and also pay for the necessities of life. The correct answer is "All of the above" because all three options listed in the answer are valid grounds for a litigant to apply for a fee waiver.

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  • 10. 

    Legal documents filed with the court may be typed or handwritten.

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    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 requirement for the documents to be exclusively typed or handwritten, allowing flexibility for individuals to choose the method that is most convenient for them.

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  • 11. 

    Adultery is one of the legal grounds for divorce in California

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    Adultery is not one of the legal grounds for divorce in California. In California, the only recognized grounds for divorce are irreconcilable differences and incurable insanity. Adultery may be considered as a factor in determining spousal support or division of property, but it is not a standalone legal ground for divorce in the state.

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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. False
    Explanation
    In California, only one spouse needs to meet the "minimum residency requirements" in order to file a divorce case. It is not necessary for both the husband and wife to meet these requirements. Therefore, the statement is false.

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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. False
    Explanation
    After the "Petitioner" files her divorce case at the court, it is the responsibility of the petitioner to serve the divorce papers to the "Respondent." The court clerk does not send a copy of the divorce papers to the respondent. Therefore, the statement is false.

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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. False
    Explanation
    The correct answer is False. In a divorce case, the litigant should first file the court papers with the court and then serve the papers to their spouse. This ensures that the legal process is followed correctly and that the spouse is properly notified about the divorce proceedings. Serving the papers first without filing them with the court would not initiate the legal process and may lead to complications in the case.

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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. False
    Explanation
    It is not mandatory for a litigant to have an attorney represent them at a court hearing in front of a judge. While having legal representation can be beneficial, individuals have the right to represent themselves in court if they choose to do so. Therefore, the statement is false.

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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. False
    Explanation
    When the initial divorce papers are personally delivered to the Respondent, the Respondent is not required to sign a "proof of service" indicating acceptance of the court papers. This statement is false.

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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. True
    Explanation
    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 both spouses are responsible for paying off the debt, regardless of whose name is on the credit card. Community property laws generally dictate that any debts incurred during the marriage are the joint responsibility of both spouses, regardless of whose name the debt is in. Therefore, the statement is true.

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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. False
    Explanation
    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 failing to respond within the designated timeframe may result in a default judgment being entered against the Respondent, it does not permanently strip them of their right to file a Response. They may still be able to request the court to set aside the default judgment and proceed with the case. Therefore, the statement is false.

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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. False
    Explanation
    In the state of California, not all divorce cases require at least one court hearing in front of a judge. This means that it is possible for some divorce cases to be resolved without the need for a court hearing.

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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. False
    Explanation
    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 incorrect. In most cases, gifts or inheritances received by one spouse before separation are considered separate property and do not become part of the community property.

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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. True
    Explanation
    In many jurisdictions, court-based mediation between husband and wife is indeed mandatory before any non-emergency, contested child custody hearing. This requirement is in place to encourage the parties to reach a mutually agreeable solution regarding the custody of their children, rather than having the court make a decision for them. Mediation allows the couple to discuss their concerns and preferences in a neutral setting with the help of a trained mediator, who can assist them in finding common ground and reaching a parenting plan that is in the best interest of the child.

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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. False
    Explanation
    The statement is false because adopted children should be included as "children of the marriage" in the divorce papers. Adopted children have the same legal rights and responsibilities as biological children, and excluding them would be unfair and discriminatory. Including adopted children in the divorce papers ensures that their well-being and custody arrangements are properly considered during the divorce proceedings.

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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. False
    Explanation
    During a marriage, earnings from employment by either spouse that are kept in separate bank accounts are not automatically considered "separate property." In most cases, these earnings are considered marital property, which means they are subject to division in the event of a divorce. The classification of property as separate or marital may vary depending on the laws of the jurisdiction and any prenuptial or postnuptial agreements in place.

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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. True
    Explanation
    In some jurisdictions, retirement funds or pensions earned by one spouse before marriage, during marriage, and after separation may be considered both separate property and community property. This means that the funds are owned individually by the spouse who earned them, but they may also be subject to division during divorce proceedings as part of the marital estate. Therefore, the statement is true.

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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. True
    Explanation
    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 well-being are protected and that they are considered when making decisions regarding custody, visitation, and child support. It also allows for a fair and comprehensive resolution of any issues related to the children in the divorce proceedings.

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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. False
    Explanation
    Spousal support in California is not only awarded in marriages of 10 years or longer. The duration of the marriage is just one factor that the court considers when determining spousal support. Other factors such as the earning capacity of each spouse, the standard of living during the marriage, and the age and health of the parties are also taken into account. Therefore, spousal support can be awarded in marriages of any duration depending on the specific circumstances of the case.

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  • 27. 

    In California only paralegals and attorneys may give “legal advice.”

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    In California, only paralegals and attorneys are authorized to give "legal advice." This means that individuals who are not licensed as lawyers or working under the supervision of a lawyer are prohibited from offering advice or guidance on legal matters. This restriction is in place to ensure that individuals receive accurate and reliable legal information from qualified professionals who have the necessary knowledge and expertise in the field of law.

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  • 28. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    In a divorce case where both spouses are employed, it is still possible for either spouse to request spousal support. Employment status does not automatically disqualify a spouse from seeking financial assistance from the other spouse. 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 party. Therefore, the statement that neither spouse may request spousal support is incorrect.

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  • 29. 

    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. False
    Explanation
    The statement is false because visitation rights and child support payments are separate legal issues. Regardless of whether the noncustodial parent pays child support or not, denying visitation is not an appropriate response. The custodial parent may seek legal remedies to enforce child support payments, but visitation should not be used as a punishment or leverage in this situation.

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  • 30. 

    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 documents
    Explanation
    Service of process refers to the legal procedure of delivering legal documents to the party involved in a lawsuit or legal proceeding. It ensures that all parties are properly notified and given the opportunity to respond or defend themselves in court. This definition accurately describes the concept of service of process, emphasizing its importance and effectiveness in the legal system.

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  • 31. 

    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 separation
    Explanation
    Community property refers to assets and debts that are acquired or incurred during the course of a 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 subject to division in the event of a divorce or legal separation. This definition best matches the concept of community property.

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  • 32. 

    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 children
    Explanation
    Legal custody refers to the legal authority and responsibility of making decisions regarding the upbringing and welfare of a child. This includes decisions related to the child's education, healthcare, religion, and general well-being. It grants the custodial parent or guardian the power to make important decisions on behalf of the child, while considering the best interests of the child.

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  • 33. 

    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 B
    Explanation
    Order to Show Cause refers to an evidentiary hearing held during the divorce proceedings before the final judgment is entered. This hearing allows either party to present evidence and arguments to show cause as to why a particular action should or should not be taken by the court. It is also possible for an Order to Show Cause to be held after the final judgment, typically to address any post-judgment issues or violations. Therefore, both options A and B accurately define Order to Show Cause.

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  • 34. 

    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 judge
    Explanation
    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 what "Findings and Order After Hearings" refers to. It is a document that summarizes the decisions and orders made by the judge after a hearing, and it is usually prepared by either the litigant or the court clerk.

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  • 35. 

    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 marriage
    Explanation
    The correct answer is "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." This definition refers to separate property, which includes assets and debts that were obtained before the marriage, after the separation, or through a gift or inheritance during the marriage. This means that these assets and debts are not considered marital property and are typically not subject to division in the event of a divorce.

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