Family Law : Aspen Roadmap Law Course Outline
by Weisberg, D. KellyFormat: Paperback
Pub. Date: 1999-09-01
Publisher(s): Wolters Kluwer
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Summary
Help your students grasp important concepts and prepare for exams, with the only outline that guides them through the big picture To The finest details. D. Kelly Weisberg's FAMILY LAW clearly delineates all of the various Uniform Acts, congressional legislation, and court rulings that govern family law. This carefully-crafted learning tool also: illustrates how the acts and rulings apply defines key terms shows how cultural, technological, and historical shifts in society influence the development of family law draws on the author's personal expertise; Weisberg is both a lawyer and a sociologist with more than 15 years of teaching experience FAMILY LAW simplifies study with: capsule summaries chapter overviews examples and analysis sections chapter review questions exam tips and sample exam questions glossaries a Casebook Correlation Chart that keys specific areas of the outline To The corresponding topic in major casebooks FAMILY LAW puts essential information in a clear and attractive format to facilitate student understanding. You can recommend this high-quality study aid with confidence for general review or for extra help on a particularly difficult topic.
Table of Contents
| Preface | p. xxix |
| Casebook Correlation Chart | p. xxxi |
| Capsule Summary | p. 1 |
| Introduction | |
| Generally | p. 1 |
| Definition | p. 1 |
| Central Theme | p. 1 |
| Dynamic Nature of Field | p. 2 |
| Societal Influences on Family Law | p. 2 |
| Women's Movement | p. 2 |
| Rising Incidence of Divorce | p. 3 |
| Dissatisfaction with the Family and the Growth of Alternative Family Forms | p. 3 |
| Dissatisfaction with Traditional Dispute Resolution Processes: The Emergence of Private Ordering | p. 4 |
| Children's Rights Movement | p. 4 |
| New Reproductive Technology | p. 4 |
| Decreasing Influence of Morality | p. 4 |
| Contemporary Legal Trends | p. 5 |
| Federalization of Family Law: Increasing Congressional Role | p. 5 |
| Constitutionalization of Family Law | p. 6 |
| Movement Toward Uniform State Laws | p. 6 |
| Preparing to Marry | |
| Premarital Controversies | p. 10 |
| Breach of Promise to Marry | p. 10 |
| Gifts in Contemplation of Marriage | p. 11 |
| Quiz Yourself on Premarital Controversies | p. 13 |
| Premarital Agreements | p. 14 |
| Traditional View | p. 14 |
| Premarital Agreements Distinguished from Other Contracts | p. 14 |
| Modern Approach | p. 15 |
| Requirements for Validity | p. 16 |
| Representation | p. 19 |
| Uniform Premarital Agreement Act | p. 19 |
| ALI Principles | p. 19 |
| Quiz Yourself on Premarital Agreements | p. 20 |
| Restrictions on Entry into Marriage | p. 21 |
| Constitutional Limitations on Regulation of the Right to Marry | p. 21 |
| Quiz Yourself on Constitutional Limitations on Regulation of the Right to Marry | p. 23 |
| Substantive Restrictions: Capacity | p. 24 |
| Quiz Yourself on Substantive Restrictions: Same Sex | p. 31 |
| Quiz Yourself on Substantive Restrictions: Incest, Bigamy, Age | p. 38 |
| Substantive Restrictions: State of Mind | p. 39 |
| Quiz Yourself on Substantive Restrictions: State of Mind | p. 40 |
| Procedural Restrictions | p. 41 |
| Procedural Variations | p. 42 |
| Curative Procedural Doctrines | p. 43 |
| Quiz Yourself on Procedural Variations and Curative Procedural Doctrines | p. 46 |
| Annulment | p. 47 |
| Reasons to Seek | p. 47 |
| Void/Voidable Distinction | p. 47 |
| Quiz Yourself on Annulment | p. 48 |
| Conflict of Laws: Which Law Governs Marriage Validity? | p. 49 |
| Generally | p. 49 |
| Traditional Rule: Law of Place of Celebration | p. 49 |
| Restatement (Second) of Conflicts Approach | p. 50 |
| Uniform Marriage Evasion Act | p. 50 |
| Exam Tips on Preparing to Marry | p. 50 |
| Being Married | |
| Introduction | p. 56 |
| Historical Background: Ecclesiastic versus Civil Jurisdiction | p. 56 |
| Contract versus Status | p. 56 |
| Regulation of Roles and Responsibilities | p. 56 |
| Background: Married Women's Common-Law Disabilities | p. 56 |
| Support Rights and Obligations During Marriage | p. 57 |
| Names | p. 59 |
| Married Woman's Domicile | p. 61 |
| Employment | p. 62 |
| Healthcare | p. 64 |
| Quiz Yourself on Regulation of Roles and Responsibilities | p. 66 |
| Parenting | p. 68 |
| Mandatory Maternity Leave Policies | p. 69 |
| "No Maternity Leave" Policies | p. 69 |
| Pregnancy Discrimination Act | p. 69 |
| Fetal Protection Policies | p. 70 |
| Unemployment Benefits | p. 70 |
| Parental and Family Leave Policies | p. 71 |
| Work-Family Conflict: Accommodating Family Needs in the Workplace | p. 71 |
| Quiz Yourself on Parenting | p. 72 |
| Criminal Law and Tort Law | p. 73 |
| Crimes Involving Spouses | p. 73 |
| Tort Actions Against Third Parties | p. 76 |
| Inter-Spousal Tort Actions | p. 79 |
| Quiz Yourself on Criminal Law and Tort Law | p. 85 |
| Exam Tips on Being Married | p. 86 |
| Alternative Families | |
| Introduction | p. 91 |
| Background | p. 91 |
| Types of Alternative Families | p. 92 |
| Legal Recognition | p. 92 |
| Extended Families | p. 92 |
| Nature of the Constitutional Protection for the Extended Family | p. 92 |
| Scope of the Constitutional Protection for the Extended Family | p. 92 |
| Communal Family | p. 93 |
| Federal Protection (or, Lack Thereof) for the Communal Family | p. 93 |
| State Protection for the Communal Family | p. 93 |
| Unmarried Couples (Heterosexual and Same-Sex Couples) | p. 94 |
| Criminal Sanctions for Sexual Conduct: Traditional Response | p. 94 |
| Zoning: Zoning Ordinances and the First Amendment | p. 95 |
| Housing | p. 95 |
| Tort Law | p. 97 |
| Contract Law: Unmarried Couples' Rights Inter Se | p. 97 |
| Jurisdiction: Unmarried Couples and the Domestic Relations Exception to Federal Jurisdiction | p. 101 |
| Employment | p. 102 |
| Inheritance Law | p. 103 |
| Modern Legislative Reform: Domestic Partnership Legislation | p. 104 |
| ALI Principles: Status-Based Approach to the Recognition of Cohabitants' Rights upon Dissolution | p. 104 |
| Quiz Yourself on Alternative Families | p. 105 |
| Exam Tips on Alternative Families | p. 107 |
| Divorce | |
| Background | p. 112 |
| Fault-Based Grounds | p. 112 |
| Cruelty | p. 112 |
| Adultery | p. 113 |
| Desertion | p. 114 |
| Other Grounds | p. 114 |
| Fault-Based Defenses | p. 114 |
| Recrimination | p. 115 |
| Connivance | p. 115 |
| Condonation | p. 115 |
| Collusion | p. 115 |
| Insanity | p. 116 |
| Quiz Yourself on Fault-Based Grounds and Defenses | p. 116 |
| No-Fault Divorce | p. 117 |
| Early No-Fault Grounds | p. 117 |
| Modern No-Fault Legislation | p. 118 |
| Quiz Yourself on No-Fault Divorce | p. 121 |
| Access to Divoce | p. 122 |
| Religious Limitations: The "Get" | p. 122 |
| Financial Limitations: Filing Fees | p. 123 |
| Right to Counsel | p. 123 |
| Summary Dissolution | p. 123 |
| Pro Se Divorce | p. 123 |
| Discrimination on the Basis of Divorce | p. 123 |
| Role of Counsel | p. 124 |
| Dual Representation | p. 124 |
| Dispelling the Aura of Dual Representation | p. 125 |
| Confidentiality Issues | p. 125 |
| Sexual Relations with Clients | p. 125 |
| Fees | p. 126 |
| Quiz Yourself on Role of Counsel | p. 126 |
| Divorce Jurisdiction | p. 127 |
| Terminology | p. 127 |
| Subject Matter Jurisdiction | p. 128 |
| Personal Jurisdiction over the Defendant | p. 130 |
| Foreign Decrees | p. 132 |
| Domestic Relations Exception to Federal Jurisdiction: Ankenbrandt v. Richards | p. 133 |
| Alternatives to Divorce: Annulments and Separations | p. 134 |
| Divorce, Annulment, and Separation Distinguished | p. 134 |
| Reasons to Seek | p. 134 |
| Alternative Dispute Resolution Processes | p. 134 |
| Arbitration, Conciliation, and Mediation Distinguished | p. 134 |
| Enforceability of Arbitration Provisions | p. 135 |
| Mandatory Mediation | p. 135 |
| Collaborative Law Procedure | p. 135 |
| Quiz Yourself on Divorce Jurisdiction | p. 136 |
| Exam Tips on Divorce | p. 136 |
| Financial Consequences of Dissolution | |
| Standards for the Initial Award of Property, Spousal Support, and Child Support | p. 139 |
| Division of Property | p. 140 |
| Quiz Yourself on Division of Property | p. 143 |
| Quiz Yourself on What is Property? | p. 153 |
| Spousal Support | p. 155 |
| Quiz Yourself on Spousal Support | p. 158 |
| Child Support | p. 158 |
| Modification of Spousal and Child Support Awards | p. 164 |
| Standard | p. 164 |
| Relevant Factors | p. 164 |
| Jurisdiction and Enforcement of Child Support Awards | p. 167 |
| Jurisdiction Generally | p. 167 |
| State Long-Arm Statutes | p. 167 |
| Interstate Enforcement: URESA, RURESA, and UIFSA | p. 168 |
| Federal Legislation: Full Faith and Credit for Child Support Orders Act | p. 170 |
| Enforcement Remedies | p. 170 |
| Quiz Yourself on Child Support | p. 174 |
| Separation Agreements | p. 175 |
| Antenuptial Agreements Distinguished | p. 175 |
| Validity | p. 175 |
| Policy | p. 175 |
| Modification | p. 175 |
| Enforcement of Settlement Agreement: Merger | p. 175 |
| Tax Considerations | p. 176 |
| Spousal Support | p. 176 |
| Transfers of Property to Spouse Incident to Divorce | p. 176 |
| Child Support | p. 176 |
| Other Tax Considerations | p. 177 |
| Quiz Yourself on Separation Agreements | p. 177 |
| Exam Tips on Financial Consequences of Dissolution | p. 178 |
| Child Custody | |
| Introduction | p. 184 |
| Definition of Custody | p. 184 |
| Functions of Custody Law | p. 184 |
| Historical Background | p. 184 |
| Effects of Divorce on Children | p. 184 |
| Standards for Selecting the Custodial Parent | p. 185 |
| Presumptions | p. 185 |
| Best Interests of the Child | p. 186 |
| Joint Custody | p. 190 |
| Quiz Yourself on Standards for Selecting the Custodial Parent | p. 192 |
| Standards for Selecting the Noncustodial Parent: Visitation | p. 194 |
| Denial of Visitation | p. 194 |
| Conditions on Visitation | p. 194 |
| Interference with Visitation Rights | p. 196 |
| Quiz Yourself on Standards for Selecting the Noncustodial Parent: Visitation | p. 197 |
| Standards: Parent Versus Nonparent Disputes | p. 198 |
| Natural Parent Presumption | p. 198 |
| Custody and Visitation Rights of Third Parties | p. 199 |
| Quiz Yourself on Parent Versus Nonparent Disputes | p. 201 |
| Role of Third Parties | p. 202 |
| Child's Preference | p. 202 |
| Counsel for the Child | p. 202 |
| Expert Testimony | p. 203 |
| Modification | p. 203 |
| Standard for Modification | p. 203 |
| Relocation Controversies | p. 204 |
| Quiz Yourself on Role of Third Parties and Modification | p. 206 |
| Jurisdiction and Enforcement | p. 207 |
| Jurisdiction | p. 207 |
| Enforcement of Custody Orders | p. 211 |
| Process to Resolve Disputes | p. 212 |
| Adversary Process | p. 212 |
| Mediation | p. 212 |
| Quiz Yourself on Jurisdiction and Enforcement | p. 214 |
| Exam Tips on Child Custody | p. 215 |
| Procreation | |
| Contraception | p. 217 |
| Access to Contraception Generally | p. 218 |
| Historical Background | p. 218 |
| Married Persons' Rights to Contraception | p. 218 |
| Unmarried Persons' Rights to Contraception | p. 220 |
| Minors' Rights to Contraception | p. 222 |
| Misrepresentation of Contraceptive Use | p. 224 |
| Contraceptive Equity | p. 225 |
| Abortion | p. 225 |
| Generally | p. 225 |
| Historical Background | p. 225 |
| A Woman's Right to an Abortion | p. 226 |
| The Abortion Funding Cases | p. 230 |
| Clinic Access and FACE Laws | p. 232 |
| The Husband's Rights in the Abortion Context | p. 232 |
| Minor's Right to an Abortion | p. 233 |
| Partial-Birth Abortion Bans | p. 234 |
| Restrictions on the Rights of Pregnant Women | p. 235 |
| Generally | p. 235 |
| Prenatal Substance Abusers | p. 235 |
| State Restrictions on the Right to Procreate for Other Pregnant Offenders | p. 236 |
| Pregnant Terminally Ill Patients | p. 236 |
| Forced Cesareans | p. 237 |
| Living Wills | p. 237 |
| Fetal Homicide Legislation | p. 237 |
| Federal Legislation | p. 237 |
| State Legislation | p. 238 |
| Quiz Yourself on Abortion | p. 238 |
| Alternative Reproductive Technology | p. 239 |
| Artificial Insemination | p. 240 |
| Surrogacy | p. 241 |
| In Vitro Fertilization | p. 246 |
| Embryo Transfers | p. 247 |
| Ownership and Custody of Reproductive Material | p. 247 |
| Quiz Yourself on Alternative Reproductive Technology | p. 248 |
| Exam Tips on Procreation | p. 249 |
| Child Abuse and Neglect | |
| Historical Background | p. 253 |
| English Legislation | p. 253 |
| American Legal and Social Policy | p. 254 |
| Threshold Standard for Intervention | p. 254 |
| Generally | p. 254 |
| Types of Intervention | p. 254 |
| Specific Standards | p. 255 |
| Defining Child Abuse | p. 256 |
| Battering | p. 257 |
| Abusive Discipline | p. 257 |
| Religious and/or Cultural Practices | p. 259 |
| Psychological or Emotional Abuse | p. 259 |
| Sexual Abuse | p. 260 |
| Prenatal Abuse | p. 260 |
| Potential Abuse | p. 261 |
| Defining Child Neglect | p. 261 |
| Generally | p. 261 |
| Parental Acts of Omission | p. 261 |
| Religious Justification for Medical Neglect | p. 261 |
| Emotional Neglect | p. 262 |
| Potential Neglect | p. 262 |
| Quiz Yourself on Defining Child Abuse and Neglect | p. 263 |
| Procedure | p. 264 |
| Reporting Laws | p. 264 |
| Evidentiary Issues | p. 265 |
| Quiz Yourself on Procedure | p. 271 |
| Intervention | p. 272 |
| Summary Seizure | p. 272 |
| Intermediate Dispositions | p. 272 |
| Sanctions for the State's Failure to Protect | p. 274 |
| Permanent Dispositions: Termination of Parental Rights | p. 277 |
| Quiz Yourself on Intervention | p. 279 |
| Exam Tips on Child Abuse and Neglect | p. 280 |
| The Parent-State Relationship in Special Context | |
| Tort | p. 283 |
| Children's Liability: Traditional Rule | p. 283 |
| Exception to Rule of Liability: Children's Conduct of Adult Activities | p. 284 |
| Parents' Liability for Children's Torts | p. 284 |
| Quiz Yourself on Torts | p. 285 |
| Contract | p. 286 |
| Common-Law Rule | p. 286 |
| Majority Rule | p. 286 |
| Policy | p. 286 |
| Modern View | p. 286 |
| Quiz Yourself on Contract | p. 286 |
| Property | p. 287 |
| Earnings | p. 287 |
| Inheritance | p. 287 |
| Quiz Yourself on Property | p. 289 |
| Education | p. 290 |
| Parents' Right to Control the Upbringing of their Children | p. 290 |
| Minors' First Amendment Rights | p. 291 |
| Minors' Fourth Amendment Rights | p. 292 |
| Firearms in the Schools | p. 294 |
| Quiz Yourself on Education | p. 294 |
| Medical Care | p. 295 |
| Requirement of Parental Consent | p. 295 |
| Minor's Consent | p. 295 |
| Exceptions and Limitations to Parental Consent Requirements | p. 295 |
| Baby Doe Cases | p. 296 |
| Quiz Yourself on Medical Care | p. 297 |
| Exam Tips on The Parent-State Relationship in Special Context | p. 298 |
| Adoption | |
| Introduction | p. 303 |
| Definition | p. 303 |
| Historical Background | p. 303 |
| Voluntary versus Involuntary Termination of Parental Rights | p. 304 |
| Social Reality | p. 304 |
| Selection Standards for Adoptive Parents | p. 304 |
| Generally | p. 304 |
| Relevant Factors | p. 304 |
| Quiz Yourself on Selection Standards for Adoptive Parents | p. 309 |
| Consent | p. 309 |
| Consent by the Unmarried Father | p. 309 |
| Noncustodial Parent's Consent in the Face of a Stepparent Adoption | p. 312 |
| Quiz Yourself on Consent | p. 312 |
| Placement Procedure | p. 313 |
| Agency's Role: Disclosure Requirements | p. 313 |
| Independent Placement: Intermediary's Role | p. 313 |
| Subsidized Adoption | p. 314 |
| Definition | p. 314 |
| Federal Legislation | p. 314 |
| International Adoption | p. 314 |
| The Legal Consequences of Adoption | p. 315 |
| Marriage Limitations | p. 315 |
| Inheritance | p. 315 |
| Custody and Visitation | p. 316 |
| Open Adoption | p. 316 |
| Definition | p. 316 |
| Modern Trend | p. 316 |
| Best Interests Standard | p. 317 |
| Quiz Yourself on Open Adoption | p. 317 |
| Equitable Adoption | p. 318 |
| Inheritance Purposes | p. 318 |
| Theories | p. 318 |
| Quiz Yourself on Equitable Adoption | p. 319 |
| Adoptee's Right to Know of Origins | p. 319 |
| Traditional Rule | p. 319 |
| Modern View | p. 320 |
| Quiz Yourself on Adoptee's Right to Know of Origins | p. 320 |
| Adult Adoption | p. 320 |
| General Rule | p. 320 |
| Limitations | p. 320 |
| Adoption of Gays and Lesbians | p. 321 |
| Adoption Failure: Revocation and Abrogation | p. 321 |
| Revocation of Consent | p. 321 |
| Abrogation | p. 322 |
| Quiz Yourself on Abrogation | p. 323 |
| Exam Tips on Adoption | p. 323 |
| Essay Exam Questions | p. 327 |
| Essay Exam Answers | p. 337 |
| Glossary | p. 339 |
| Table of Cases | p. 355 |
| Table of Statutes | p. 361 |
| Index | p. 365 |
| Table of Contents provided by Rittenhouse. All Rights Reserved. |
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