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family law
family law 2, 4, 13
64
Law
Professional
09/28/2012

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Term
consideration
Definition
something of value that is exchanged between parties
Term
waiver
Definition
giving up a right to privilege by explicitly rejecting it or by failing to take appropriate steps to claim it at the proper time.
Term
unconscionable
Definition
shocking to the conscience; substantially unfair.
Term
public policy
Definition
the principles inherent in the customs, morals, and notions of justice that prevail in a state; the foundation of public laws; the principles that are naturally and inherently right and just.
Term
meretricious
Definition
pertaining to unlawful sexual relations; vulgar or tawdry
Term
unmarried partner
Definition
a person who shares living quarters with the householder and has a close personal relationship with (but is not related to) the householder.
Term
palimony
Definition
a nonlegal term for payments made by one nonmarried party to another after they cease living together, usually because the entered an express or implied contract to do so while they were cohabiting.
Term
implied contract
Definition
a contract that is not created by an express agreement between the parties but is inferred as a matter of reason and justice form their conduct and the surrounding circumstances.
Term
quasi contract
Definition
a contract created by law to avoid unjust enrichment.
Term
unjust enrichment
Definition
receiving property or benefit from another when in fairness and equity the recipient should make restitution of the property or provide compensation for the benefit, even though there was no express or implied promise to do so.
Term
trust
Definition
a legal entity that exists when one person holds property for the benefit of another.
Term
partnership
Definition
a voluntary contract between two (or more) persons to use theri resources in a business or other venture, with the understanding that they will proportionately share losses and profits.
Term
joint venture
Definition
an express or implied agreement to participate in a common enterprise in which the parties have a mutual right of control.
Term
annulment
Definition
a declaration by a court that a valid marriage never existed
Term
divorce
Definition
a declaration by a court that a validly entered marriage is dissolved so that the parties are no longer married to each other.
Term
legal separation
Definition
a declaration by a court that parties can live separately and apart even though they are still married to each other.
Term
voidable marriage
Definition
a marriage that is invalid only if someone challenges it and a court declares it invalid.
Term
void marriage
Definition
a marriage that is invalid whether of not a court declares it so.
Term
void ab initio
Definition
invalid from the very beginning
Term
ratification
Definition
approval retroactively by agreement, conduct, or an inaction that can reasonably be interpreted as an approval.
Term
standing
Definition
the right to bring a case and seek relief from a court.
Term
dirty hands
Definition
wrongdoing or other inappropiate behavior that would make it unfair or inequitable to allow a person to assert a right or a defense he or she would normally have.
Term
bigamy
Definition
entering or attempting to enter a second marriage when a prior marriage is still valid.
Term
polygamy
Definition
1. Multiple simultaneous marriages;
2. having more than one spouse at the same time.
Term
Enoch arden defense
Definition
the presumption that a spouse is dead after being missing for a designated number of years.
Term
rebuttable presumption
Definition
a presumption is an assumption of fact that can be drawn when another fact or set of facts is established. The presumption is rebuttable if a party can introduce evidence to try to show that the assumption is false.
Term
consanguinity
Definition
relationship by blood
Term
affinity
Definition
relationship by marriage, not by blood.
Term
incest
Definition
sexual intercourse between two people who are too closely related to each other as defined by statute.
Term
nonage
Definition
below the require minimum age to enter a designated relationship or to perform a particular task.
Term
impotence
Definition
the inability to have sexual intercourse, often due to an inabililty to achieve or maintain an erection.
Term
copulate
Definition
to engage in sexual intercourse
Term
sterility
Definition
inability to have children; infertile.
Term
sham
Definition
pretended, false, empty.
Term
consumate
Definition
to engage in sexual intercourse for the first time as spouses.
Term
duress
Definition
coercion;
Term
essentials test
Definition
did the matter go to the heart of essence of the relationship.
Term
materiality test
Definition
if a specific event had not occurred, would the result have been different.
Term
fraud
Definition
knowingly making false statements of present fact with the intention that the present fact with the intention that the plaintiff rely on the statement. the plaintiff is harmed by his/her reasonable reliance o the statement.
Term
domiciliary state
Definition
the state where a person is domiciled.
Term
legitimize
Definition
to formally declare that children born out of wedlock are legitimate.
Term
testate
Definition
die leaving a valid will
Term
interspousal tort immunity
Definition
one spouse cannot sue another for designated torts that grow out of the marriage relationship.
Term
custody
Definition
the control and care of an individual
Term
guardianship
Definition
the legal right to the custody of an individual
Term
termination of parental rights(TPR)
Definition
judicial declaration that end the legal relationship between parent and child. The parent can no longer make decision or has any duties to the child
Term
adoption
Definition
legal process where an adpotive parent assumes rights of a natural parent
Term
paternity
Definition
biological fatherhood of child
Term
foster care
Definition
child welfare service that provides shelter and substitute family care when a child's own family cannot care for it. Should last for a temporary period of time. Adoption is neither desirable or possible. or while adoption is being considered.
Term
Stepparrent
Definition
a person who marries a natural father or mother of a child but is not one of the child's natural parents.
Term
agency adoption
Definition
an adoption in which a child is placed for adoption by a public agency responsible for adoptions or by an approved private adoption agency
Term
independent adoption
Definition
an adoption in which a child is placed for adoption by its natural parent, often with the help of facilitators.
Term
black market adoption
Definition
an adoption that involves a payment
beyond reasonable expenses in order to facilitate the adoption. "baby buying"
Term
second parent adoption
Definition
the adoption of a child by a partner of a natural parent who does not give up his/her own parental rights.
Term
petition
Definition
a formal request that the court take some action
Term
choice of venue
Definition
choice of court to try the case when more than one court has subject matter jurisdiction to hear the case.
Term
unfit
Definition
demonstrating abuse or neglect that is substantially detrimental to a child.
Term
unemancipated
Definition
legally dependent on one's parent or legal guardian.
Term
putative father registry
Definition
a place where the father of a child can register so that he can be notified of a proposed adoption of the child.
Term
reuinion registry
Definition
a central adoption file that could be used to release identifying information about, and allow contact between adult adoptees and biological parents.
Term
contact veto
Definition
a denial of consent to have contact between the adoptee and the biological parent, although permission for the release of identifying information might be given
Term
open adoption
Definition
an adoption in which the natural parent maintains certain kinds of contact with his or her child after the adoption.
Term
equitable adoption
Definition
for purposes of inheritance, a child will be considered the adopted child of a person who made a contract to adopt the child but failed to go through the formal adoption procedures.
Term
wrongful adotpiton
Definition
a tort action seeking damages for wrongfully stating or failing to disclose to prospective adoptive parents available facts on the health or other condition of the adoptee that would be relevant to the decision on whether to adopt.
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