PRLG-0121 Intro to law chapter 8

Last Name 1 Shelby Hathaway Mrs.Lask PRLG-0121 9/25/2022 Chapter 8: Family law 1Q: What is a legal separation? 1A: When a couple wants to live separately but doesn't want to end their marriage, the court will issue a formal separation order. 2Q: Summarize the Illinois Marriage and Dissolution of Marriage Act, Section 602.5, set forth in this chapter. Be sure to include the penalty the court may impose. 2A: It covers topics related to a child's capacity for decision-making and assigns parental duties based on what is best for the child. Education, health, religion, and extracurricular activities are among the important problems. The consequences that a parent might experience include losing control over a particular issue and possibly losing control entirely if they pose a threat to the child, the other parent, or someone else living in the home. 3Q: According to California Family Code Section 4320, set forth in this chapter, what circumstances are to be considered before the court awards spousal support? 3A: before the court decides whether to grant spousal support, the following factors must be taken into account: The extent to which each party's earning capacity is sufficient to sustain the quality of life they established during their marriage., The amount to which the supported party assisted in assisting the supporting party in obtaining an education, training, career position, or license., The supporter's capacity to make spousal support payments., Each party's need in relation to the standard of living set during the marriage., Each party's debts and resources, including any separate property., The length of the union., The supporting party's capacity to pursue gainful work without adversely interfering interest of the party's custodial dependent
Last Name 2 children., The parties' ages and physical conditions., Written proof, such as domestic violence., The direct and specific tax ramifications for each party., The relative hardships experienced by each party., The aim is for the supported party to become self-sufficient in a fair amount of time., A violent spouse's conviction for a crime., Any additional elements that the court finds to be just and equitable. 4Q: Explain the difference between separate property and community property 4A: One party is the only owner of separate property. Married people jointly own community property. 5Q: How do family law disputes differ from other civil actions?c 5A: In contrast to a civil case, family law does not require the filing of a complaint. There is only a petitioner and respondent; there is no plaintiff or defendant. A court decree is required in family law conflicts, and not all cases are resolved at trial, which is another way they differ from one another. 6Q: State and discuss three discovery tools often used in family law. 6A: Interrogatories are letters issued to a litigant asking written inquiries. Written responses are sent back to the person who posed the inquiry. There are very detailed guidelines regulating the type and quantity of interrogatories in each state's code. Through the adoption of standard forms, several nations have simplified the fundamental questions raised periodically during discovery., A deposition is a meeting that includes the presence of both parties' attorneys. The attorney who filed the deposition request deposes the party whose deposition was requested, known as the deponent. The attorney posing the questions is able to see and hear the impromptu responses during the oral question-and-answer session. A court reporter creates a transcript of the entire hearing word for word. The testimony in the deposition transcript is then read and summarized
Last Name 3 by a member of the legal support team., Request for documents and items to be produced and inspected is the case parties have access to the discovery tool, which enables them to see and copy particular documents or objects that are pertinent to the action. The copies of w-2s and retirement account statements might be requested by one of the divorcing parties. This information is used to support the answers provided in the interrogatories. APPLICATION AND ANALYSIS 1Q: State the issues presented to the court in McCord v. McCord. 1A: The father claims that the magistrate erred when she required him to pay $1,452 of the child's unusual medical cost that were not covered by insurance, The mother failed to provide evidence of a change in circumstances necessitating such a modification, according to the father, who claims that the magistrate erred in reducing his child support responsibilities., The third point is that the father claims the magistrate erred in determining that the man is deliberately out of work and in attributing to his earlier income. ASSIGNMENT AND PROJECTS 1Q: Write a summary of the Obergefell v. Hodges case include facts, issues, rules, analysis, and conclusion. See chapter 5 to review how to summarize or brief a case. 1A: Case brief for the Obergefell v. Hodges Decision Obergefell v. Hodges 576 U.S. _ (2015) Facts: in order to challenge the constitutionality of those states' prohibitions on same-sex marriage or refusal to recognize legal same-sex marriages that occurred in jurisdictions that permitted such marriages, groups of same-sex couples sued their relevant state agencies in Ohio, Michigan, Kentucky, and Tennessee.
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