Family Law TESTV EXAM
QUESTIONS WITH CORRECT AND
VERIFIED ANSWERS.
Definition of Family - CORRECT ANSWER✅✅✅government under SDP may not
narrowly and arbitrarily burden who may or may not live together when related by blood,
marriage, or adoption w/o compelling purpose and necessarily tailored means
Family Privacy - CORRECT ANSWER✅✅✅Gender/Illegitimacy-->Intermediate Scrutiny
DP/ fundamental right such as privacy or liberty & Ep race, national origin, alienage, religion->
C+N—strict scrutiny
Meyer-Definition of Familial
Liberty is not merely freedom from bodily restraint but also the right of the individual to
contract, engage in common occupations of life, acquire useful knowledge, to marry, establish
home, and bear children, worship god as they see fit, and enjoy those privileges long recognized
at common law
Liberty as it applies to Children - CORRECT ANSWER✅✅✅Child not mere creation of the
state; state does have a role in children but generally parents are to raise children in a sphere of
privacy where they can make decisions about how to best raise the child
Custody, care, and nurture of the child reside first in parents or guardian; but family is not
beyond regulation the state's interest in creating a growth of healthy young people into mature
citizens is compelling and necessary (custody, care, and nurture does not reside exclusively the
state in addition has some rights in those regard)
Family privacy applying to married couples - CORRECT ANSWER✅✅✅Zone of privacy
being case over families in the penumbra of amendments
The penumbra of the 1st, 3rd, and 4th, 5th, 9th, and 14th amendment
Privacy Right within to associate- married people are associated
,. Privacy right for individuals within their home; have security in their home
Right to privacy in not being compelled to speak
Right to privacy ingrained in society although not specifically iterated in the bill or rights it
retained by the people
No intrusion that violates the SDP the idea of liberty
It is a fundamental right for families to have privacy and be free from unnecessary regulation that
burden the fundamental right of privacy within the home/family under the SDP clause of the U.S
Family privacy applying to couples - CORRECT ANSWER✅✅✅The right of privacy,
allows individuals married or single to be free from unnecessarily burdensome/ or arbitrary
intrusions in whether to beget or bear a child
Dissimilar treatment between unmarried and married treatment is unconstitutional when the
dissimilar treatment is unrelated to a rational state objectives such as involving a fundamental
right
Family Privacy Lawrence Rule - CORRECT ANSWER✅✅✅Families have a fundamental
right to privacy and liberty which protects married, heterosexual, homosexual, and individuals
from state regulating intimate consenting sexual relationships and when to have and or not have
a child without a compelling reason and through the use of means necessary in achieving that
reason
Prenups - CORRECT ANSWER✅✅✅Prenups—before marriage contracts
Two individual people are permitted to contract on what the terms of their marriage will be
Important for it sets the terms up of what the property allocations will be upon the dissolution of
marriage or within entering into it
What is needed for an Enforceable Prenup - CORRECT ANSWER✅✅✅To be enforceable
Agreement must be
. 1.Entered into voluntarily
. Not undue duress
,2. Entered into after full financial disclosure or knowledge
3. Substantively and procedurally fair and reasonable
Not unconscionable
4.Statute of frauds and exceptions applies (must be signed and in writing)
Partial Performance Exceptions
MD Prenup Law: Confidential Relationship - CORRECT ANSWER✅✅✅if engaged to be
married or married they are in a confidential relationship and we expect people not to be
adversarial bargaining against one another for they are supposed to be a unit.
switch the burden of proof from the individual seeking to invalidate the agreement to the
individual who is seeking to validate or have the premarital agreement be enforceable to prove it
is
This does not exist in the UPAA cause it follows contract law of arm's length negotiation
MD Prenup Law: Ways to Prove Validity of Prenup - CORRECT ANSWER✅✅✅Show that
the agreement is a full frank and truthful disclosure of what his property is worth so that it can be
showed the other party knew what they were waiving; or
Adequate knowledge of what disclosure would have revealed (knowledge of existence of assets
subject to the waiver and knowledge of what those assets are worth in sum so knows what
waiving) or
Was there a benefit to the party attacking the agreement to commensurate with that which she
relinquished so that the agreement was fair and equitable and!
did she enter in the agreement freely and voluntarily?
UPAA Prenup Law - CORRECT ANSWER✅✅✅Voluntary, full disclosure, and procedural
fairness
, Unconscionability may be at the time of enforcement or at the time of signature And
unenforceable at either time
except the UPAA which says so long as full disclosure, adequate knowledge, and voluntarily
waived then it will enforce an unconscionable agreement
UPAA** most used at this time
No confidential relationship
UPAA: Prove Validity of Prenup - CORRECT ANSWER✅✅✅Did They enter freely and
Voluntarily
Show that the agreement is a full frank and truthful disclosure of what his property is worth so
that it can be showed the other party knew what they were waiving
Adequate knowledge of what disclosure would have revealed (knowledge of existence of assets
subject to the waiver and knowledge of what those assets are worth in sum so knows what
waiving)
Gonna uphold agreement even if unconscionable if party had knowledge or full and frank
disclosure
UPMA: Prenup Law - CORRECT ANSWER✅✅✅Idea that we should give more protection
must be a very specific notice of the waiver of rights
and a very specific access to independent legal representation
and there has to be in plain language what the marital rights and obligations that we being given
up
you will enforce if you have these provisions
QUESTIONS WITH CORRECT AND
VERIFIED ANSWERS.
Definition of Family - CORRECT ANSWER✅✅✅government under SDP may not
narrowly and arbitrarily burden who may or may not live together when related by blood,
marriage, or adoption w/o compelling purpose and necessarily tailored means
Family Privacy - CORRECT ANSWER✅✅✅Gender/Illegitimacy-->Intermediate Scrutiny
DP/ fundamental right such as privacy or liberty & Ep race, national origin, alienage, religion->
C+N—strict scrutiny
Meyer-Definition of Familial
Liberty is not merely freedom from bodily restraint but also the right of the individual to
contract, engage in common occupations of life, acquire useful knowledge, to marry, establish
home, and bear children, worship god as they see fit, and enjoy those privileges long recognized
at common law
Liberty as it applies to Children - CORRECT ANSWER✅✅✅Child not mere creation of the
state; state does have a role in children but generally parents are to raise children in a sphere of
privacy where they can make decisions about how to best raise the child
Custody, care, and nurture of the child reside first in parents or guardian; but family is not
beyond regulation the state's interest in creating a growth of healthy young people into mature
citizens is compelling and necessary (custody, care, and nurture does not reside exclusively the
state in addition has some rights in those regard)
Family privacy applying to married couples - CORRECT ANSWER✅✅✅Zone of privacy
being case over families in the penumbra of amendments
The penumbra of the 1st, 3rd, and 4th, 5th, 9th, and 14th amendment
Privacy Right within to associate- married people are associated
,. Privacy right for individuals within their home; have security in their home
Right to privacy in not being compelled to speak
Right to privacy ingrained in society although not specifically iterated in the bill or rights it
retained by the people
No intrusion that violates the SDP the idea of liberty
It is a fundamental right for families to have privacy and be free from unnecessary regulation that
burden the fundamental right of privacy within the home/family under the SDP clause of the U.S
Family privacy applying to couples - CORRECT ANSWER✅✅✅The right of privacy,
allows individuals married or single to be free from unnecessarily burdensome/ or arbitrary
intrusions in whether to beget or bear a child
Dissimilar treatment between unmarried and married treatment is unconstitutional when the
dissimilar treatment is unrelated to a rational state objectives such as involving a fundamental
right
Family Privacy Lawrence Rule - CORRECT ANSWER✅✅✅Families have a fundamental
right to privacy and liberty which protects married, heterosexual, homosexual, and individuals
from state regulating intimate consenting sexual relationships and when to have and or not have
a child without a compelling reason and through the use of means necessary in achieving that
reason
Prenups - CORRECT ANSWER✅✅✅Prenups—before marriage contracts
Two individual people are permitted to contract on what the terms of their marriage will be
Important for it sets the terms up of what the property allocations will be upon the dissolution of
marriage or within entering into it
What is needed for an Enforceable Prenup - CORRECT ANSWER✅✅✅To be enforceable
Agreement must be
. 1.Entered into voluntarily
. Not undue duress
,2. Entered into after full financial disclosure or knowledge
3. Substantively and procedurally fair and reasonable
Not unconscionable
4.Statute of frauds and exceptions applies (must be signed and in writing)
Partial Performance Exceptions
MD Prenup Law: Confidential Relationship - CORRECT ANSWER✅✅✅if engaged to be
married or married they are in a confidential relationship and we expect people not to be
adversarial bargaining against one another for they are supposed to be a unit.
switch the burden of proof from the individual seeking to invalidate the agreement to the
individual who is seeking to validate or have the premarital agreement be enforceable to prove it
is
This does not exist in the UPAA cause it follows contract law of arm's length negotiation
MD Prenup Law: Ways to Prove Validity of Prenup - CORRECT ANSWER✅✅✅Show that
the agreement is a full frank and truthful disclosure of what his property is worth so that it can be
showed the other party knew what they were waiving; or
Adequate knowledge of what disclosure would have revealed (knowledge of existence of assets
subject to the waiver and knowledge of what those assets are worth in sum so knows what
waiving) or
Was there a benefit to the party attacking the agreement to commensurate with that which she
relinquished so that the agreement was fair and equitable and!
did she enter in the agreement freely and voluntarily?
UPAA Prenup Law - CORRECT ANSWER✅✅✅Voluntary, full disclosure, and procedural
fairness
, Unconscionability may be at the time of enforcement or at the time of signature And
unenforceable at either time
except the UPAA which says so long as full disclosure, adequate knowledge, and voluntarily
waived then it will enforce an unconscionable agreement
UPAA** most used at this time
No confidential relationship
UPAA: Prove Validity of Prenup - CORRECT ANSWER✅✅✅Did They enter freely and
Voluntarily
Show that the agreement is a full frank and truthful disclosure of what his property is worth so
that it can be showed the other party knew what they were waiving
Adequate knowledge of what disclosure would have revealed (knowledge of existence of assets
subject to the waiver and knowledge of what those assets are worth in sum so knows what
waiving)
Gonna uphold agreement even if unconscionable if party had knowledge or full and frank
disclosure
UPMA: Prenup Law - CORRECT ANSWER✅✅✅Idea that we should give more protection
must be a very specific notice of the waiver of rights
and a very specific access to independent legal representation
and there has to be in plain language what the marital rights and obligations that we being given
up
you will enforce if you have these provisions
