Exam3 - Flashcards - The flashcards are formatted for...

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Probate H and W are 1; can’t beat yourself
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Could not commit a tort against your spouse. Die during divorce.
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Marvin v. Marvin Criminal Violation
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H beats W, divorce testimony can be used against him. Case that establishes palimony.
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Meretricious Contract Putative Spouse
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Someone who thinks they are a legal spouse, unbeknownst to them they are not; not their fault. Purpose of contract immoral and void.
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Quasi-Marital Spouse Detrimental Reliance
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Grounds for putative spouse. Created by putative spouse.
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Unjust Enrichment Meretricious Contract
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Sex is the basis for the contract. Grounds for palimony.
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Limitation to the Marvin Doctrine Palimony
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i.e. Marvin Doctrine Absent an express or implied agreement to the contrary, no quasi- marital property rights accrues as a result of cohabitation.
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1. Incestuous 2. Common Law 3. Same Sex 16-18
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In FL, they may obtain a marriage license if they have the written consent of the parents or guardian of such minor to such marriage. Prohibited marriages:
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Incestuous Consanguinity
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Blood relations; same blood. Within 1 degree of consanguinity.
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Marriage Contract Marriage Contract
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Most of the requisites for other binding contracts must also be present. Parties must have been competent to act, must have acted free from duress, and must not have made fraudulent representations.
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Marriage Contract Marriage Contract
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May not be terminated at will by the parties, but only by a court, as by divorce. Only contract you can’t get out of without the court.
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Common Law Marriage Contract
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Must have a meeting of the minds. Illegal in Florida, but recognizes those legal in another state.
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18; 24 Same Sex Marriages
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Recognized only by Massachusetts as of April 2005. ____ states had constitutional provisions that define marriage as a union between one man and one woman, while ____ other states had legislative statutes containing similar
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definitions.
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Lex Loci Lex Loci
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Law of the place. Provides that a marriage valid where performed is valid everywhere else.
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Lex Loci Invalid
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in the state where it is performed, but valid in the state where the parties are domiciled, courts will find the marriage ____. Will apply if recognition
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Exam3 - Flashcards - The flashcards are formatted for...

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