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Preface | |
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Casebook Correlation Chart | |
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Capsule Summary | |
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Introduction | |
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Generally | |
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Definition | |
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Central Theme | |
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Dynamic Nature of Field | |
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Societal Influences on Family Law | |
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Women's Movement | |
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Rising Incidence of Divorce | |
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Dissatisfaction with the Family and the Growth of Alternative Family Forms | |
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Dissatisfaction with Traditional Dispute Resolution Processes: The Emergence of Private Ordering | |
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Children's Rights Movement | |
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New Reproductive Technology | |
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Decreasing Influence of Morality | |
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Contemporary Legal Trends | |
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Federalization of Family Law: Increasing Congressional Role | |
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Constitutionalization of Family Law | |
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Movement Toward Uniform State Laws | |
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Preparing to Marry | |
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Premarital Controversies | |
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Breach of Promise to Marry | |
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Gifts in Contemplation of Marriage | |
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Quiz Yourself on Premarital Controversies | |
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Premarital Agreements | |
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Traditional View | |
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Premarital Agreements Distinguished from Other Contracts | |
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Modern Approach | |
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Requirements for Validity | |
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Representation | |
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Uniform Premarital Agreement Act | |
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ALI Principles | |
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Quiz Yourself on Premarital Agreements | |
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Restrictions on Entry into Marriage | |
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Constitutional Limitations on Regulation of the Right to Marry | |
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Quiz Yourself on Constitutional Limitations on Regulation of the Right to Marry | |
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Substantive Restrictions: Capacity | |
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Quiz Yourself on Substantive Restrictions: Same Sex | |
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Quiz Yourself on Substantive Restrictions: Incest, Bigamy, Age | |
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Substantive Restrictions: State of Mind | |
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Quiz Yourself on Substantive Restrictions: State of Mind | |
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Procedural Restrictions | |
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Procedural Variations | |
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Curative Procedural Doctrines | |
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Quiz Yourself on Procedural Variations and Curative Procedural Doctrines | |
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Annulment | |
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Reasons to Seek | |
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Void/Voidable Distinction | |
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Quiz Yourself on Annulment | |
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Conflict of Laws: Which Law Governs Marriage Validity? | |
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Generally | |
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Traditional Rule: Law of Place of Celebration | |
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Restatement (Second) of Conflicts Approach | |
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Uniform Marriage Evasion Act | |
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Exam Tips on Preparing to Marry | |
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Being Married | |
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Introduction | |
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Historical Background: Ecclesiastic versus Civil Jurisdiction | |
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Contract versus Status | |
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Regulation of Roles and Responsibilities | |
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Background: Married Women's Common-Law Disabilities | |
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Support Rights and Obligations During Marriage | |
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Names | |
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Married Woman's Domicile | |
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Employment | |
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Healthcare | |
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Quiz Yourself on Regulation of Roles and Responsibilities | |
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Parenting | |
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Mandatory Maternity Leave Policies | |
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"No Maternity Leave" Policies | |
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Pregnancy Discrimination Act | |
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Fetal Protection Policies | |
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Unemployment Benefits | |
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Parental and Family Leave Policies | |
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Work-Family Conflict: Accommodating Family Needs in the Workplace | |
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Quiz Yourself on Parenting | |
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Criminal Law and Tort Law | |
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Crimes Involving Spouses | |
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Tort Actions Against Third Parties | |
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Inter-Spousal Tort Actions | |
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Quiz Yourself on Criminal Law and Tort Law | |
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Exam Tips on Being Married | |
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Alternative Families | |
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Introduction | |
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Background | |
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Types of Alternative Families | |
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Legal Recognition | |
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Extended Families | |
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Nature of the Constitutional Protection for the Extended Family | |
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Scope of the Constitutional Protection for the Extended Family | |
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Communal Family | |
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Federal Protection (or, Lack Thereof) for the Communal Family | |
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State Protection for the Communal Family | |
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Unmarried Couples (Heterosexual and Same-Sex Couples) | |
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Criminal Sanctions for Sexual Conduct: Traditional Response | |
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Zoning: Zoning Ordinances and the First Amendment | |
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Housing | |
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Tort Law | |
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Contract Law: Unmarried Couples' Rights Inter Se | |
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Jurisdiction: Unmarried Couples and the Domestic Relations Exception to Federal Jurisdiction | |
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Employment | |
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Inheritance Law | |
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Modern Legislative Reform: Domestic Partnership Legislation | |
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ALI Principles: Status-Based Approach to the Recognition of Cohabitants' Rights upon Dissolution | |
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Quiz Yourself on Alternative Families | |
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Exam Tips on Alternative Families | |
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Divorce | |
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Background | |
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Fault-Based Grounds | |
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Cruelty | |
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Adultery | |
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Desertion | |
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Other Grounds | |
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Fault-Based Defenses | |
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Recrimination | |
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Connivance | |
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Condonation | |
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Collusion | |
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Insanity | |
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Quiz Yourself on Fault-Based Grounds and Defenses | |
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No-Fault Divorce | |
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Early No-Fault Grounds | |
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Modern No-Fault Legislation | |
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Quiz Yourself on No-Fault Divorce | |
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Access to Divoce | |
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Religious Limitations: The "Get" | |
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Financial Limitations: Filing Fees | |
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Right to Counsel | |
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Summary Dissolution | |
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Pro Se Divorce | |
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Discrimination on the Basis of Divorce | |
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Role of Counsel | |
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Dual Representation | |
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Dispelling the Aura of Dual Representation | |
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Confidentiality Issues | |
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Sexual Relations with Clients | |
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Fees | |
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Quiz Yourself on Role of Counsel | |
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Divorce Jurisdiction | |
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Terminology | |
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Subject Matter Jurisdiction | |
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Personal Jurisdiction over the Defendant | |
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Foreign Decrees | |
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Domestic Relations Exception to Federal Jurisdiction: Ankenbrandt v. Richards | |
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Alternatives to Divorce: Annulments and Separations | |
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Divorce, Annulment, and Separation Distinguished | |
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Reasons to Seek | |
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Alternative Dispute Resolution Processes | |
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Arbitration, Conciliation, and Mediation Distinguished | |
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Enforceability of Arbitration Provisions | |
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Mandatory Mediation | |
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Collaborative Law Procedure | |
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Quiz Yourself on Divorce Jurisdiction | |
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Exam Tips on Divorce | |
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Financial Consequences of Dissolution | |
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Standards for the Initial Award of Property, Spousal Support, and Child Support | |
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Division of Property | |
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Quiz Yourself on Division of Property | |
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Quiz Yourself on What is Property? | |
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Spousal Support | |
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Quiz Yourself on Spousal Support | |
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Child Support | |
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Modification of Spousal and Child Support Awards | |
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Standard | |
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Relevant Factors | |
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Jurisdiction and Enforcement of Child Support Awards | |
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Jurisdiction Generally | |
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State Long-Arm Statutes | |
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Interstate Enforcement: URESA, RURESA, and UIFSA | |
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Federal Legislation: Full Faith and Credit for Child Support Orders Act | |
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Enforcement Remedies | |
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Quiz Yourself on Child Support | |
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Separation Agreements | |
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Antenuptial Agreements Distinguished | |
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Validity | |
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Policy | |
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Modification | |
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Enforcement of Settlement Agreement: Merger | |
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Tax Considerations | |
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Spousal Support | |
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Transfers of Property to Spouse Incident to Divorce | |
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Child Support | |
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Other Tax Considerations | |
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Quiz Yourself on Separation Agreements | |
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Exam Tips on Financial Consequences of Dissolution | |
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Child Custody | |
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Introduction | |
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Definition of Custody | |
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Functions of Custody Law | |
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Historical Background | |
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Effects of Divorce on Children | |
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Standards for Selecting the Custodial Parent | |
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Presumptions | |
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Best Interests of the Child | |
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Joint Custody | |
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Quiz Yourself on Standards for Selecting the Custodial Parent | |
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Standards for Selecting the Noncustodial Parent: Visitation | |
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Denial of Visitation | |
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Conditions on Visitation | |
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Interference with Visitation Rights | |
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Quiz Yourself on Standards for Selecting the Noncustodial Parent: Visitation | |
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Standards: Parent Versus Nonparent Disputes | |
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Natural Parent Presumption | |
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Custody and Visitation Rights of Third Parties | |
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Quiz Yourself on Parent Versus Nonparent Disputes | |
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Role of Third Parties | |
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Child's Preference | |
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Counsel for the Child | |
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Expert Testimony | |
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Modification | |
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Standard for Modification | |
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Relocation Controversies | |
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Quiz Yourself on Role of Third Parties and Modification | |
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Jurisdiction and Enforcement | |
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Jurisdiction | |
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Enforcement of Custody Orders | |
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Process to Resolve Disputes | |
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Adversary Process | |
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Mediation | |
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Quiz Yourself on Jurisdiction and Enforcement | |
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Exam Tips on Child Custody | |
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Procreation | |
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Contraception | |
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Access to Contraception Generally | |
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Historical Background | |
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Married Persons' Rights to Contraception | |
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Unmarried Persons' Rights to Contraception | |
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Minors' Rights to Contraception | |
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Misrepresentation of Contraceptive Use | |
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Contraceptive Equity | |
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Abortion | |
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Generally | |
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Historical Background | |
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A Woman's Right to an Abortion | |
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The Abortion Funding Cases | |
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Clinic Access and FACE Laws | |
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The Husband's Rights in the Abortion Context | |
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Minor's Right to an Abortion | |
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Partial-Birth Abortion Bans | |
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Restrictions on the Rights of Pregnant Women | |
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Generally | |
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Prenatal Substance Abusers | |
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State Restrictions on the Right to Procreate for Other Pregnant Offenders | |
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Pregnant Terminally Ill Patients | |
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Forced Cesareans | |
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Living Wills | |
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Fetal Homicide Legislation | |
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Federal Legislation | |
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State Legislation | |
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Quiz Yourself on Abortion | |
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Alternative Reproductive Technology | |
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Artificial Insemination | |
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Surrogacy | |
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In Vitro Fertilization | |
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Embryo Transfers | |
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Ownership and Custody of Reproductive Material | |
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Quiz Yourself on Alternative Reproductive Technology | |
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Exam Tips on Procreation | |
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Child Abuse and Neglect | |
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Historical Background | |
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English Legislation | |
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American Legal and Social Policy | |
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Threshold Standard for Intervention | |
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Generally | |
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Types of Intervention | |
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Specific Standards | |
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Defining Child Abuse | |
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Battering | |
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Abusive Discipline | |
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Religious and/or Cultural Practices | |
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Psychological or Emotional Abuse | |
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Sexual Abuse | |
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Prenatal Abuse | |
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Potential Abuse | |
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Defining Child Neglect | |
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Generally | |
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Parental Acts of Omission | |
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Religious Justification for Medical Neglect | |
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Emotional Neglect | |
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Potential Neglect | |
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Quiz Yourself on Defining Child Abuse and Neglect | |
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Procedure | |
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Reporting Laws | |
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Evidentiary Issues | |
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Quiz Yourself on Procedure | |
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Intervention | |
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Summary Seizure | |
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Intermediate Dispositions | |
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Sanctions for the State's Failure to Protect | |
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Permanent Dispositions: Termination of Parental Rights | |
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Quiz Yourself on Intervention | |
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Exam Tips on Child Abuse and Neglect | |
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The Parent-State Relationship in Special Context | |
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Tort | |
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Children's Liability: Traditional Rule | |
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Exception to Rule of Liability: Children's Conduct of Adult Activities | |
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Parents' Liability for Children's Torts | |
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Quiz Yourself on Torts | |
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Contract | |
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Common-Law Rule | |
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Majority Rule | |
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Policy | |
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Modern View | |
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Quiz Yourself on Contract | |
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Property | |
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Earnings | |
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Inheritance | |
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Quiz Yourself on Property | |
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Education | |
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Parents' Right to Control the Upbringing of their Children | |
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Minors' First Amendment Rights | |
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Minors' Fourth Amendment Rights | |
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Firearms in the Schools | |
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Quiz Yourself on Education | |
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Medical Care | |
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Requirement of Parental Consent | |
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Minor's Consent | |
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Exceptions and Limitations to Parental Consent Requirements | |
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Baby Doe Cases | |
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Quiz Yourself on Medical Care | |
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Exam Tips on The Parent-State Relationship in Special Context | |
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Adoption | |
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Introduction | |
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Definition | |
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Historical Background | |
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Voluntary versus Involuntary Termination of Parental Rights | |
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Social Reality | |
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Selection Standards for Adoptive Parents | |
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Generally | |
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Relevant Factors | |
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Quiz Yourself on Selection Standards for Adoptive Parents | |
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Consent | |
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Consent by the Unmarried Father | |
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Noncustodial Parent's Consent in the Face of a Stepparent Adoption | |
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Quiz Yourself on Consent | |
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Placement Procedure | |
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Agency's Role: Disclosure Requirements | |
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Independent Placement: Intermediary's Role | |
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Subsidized Adoption | |
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Definition | |
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Federal Legislation | |
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International Adoption | |
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The Legal Consequences of Adoption | |
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Marriage Limitations | |
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Inheritance | |
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Custody and Visitation | |
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Open Adoption | |
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Definition | |
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Modern Trend | |
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Best Interests Standard | |
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Quiz Yourself on Open Adoption | |
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Equitable Adoption | |
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Inheritance Purposes | |
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Theories | |
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Quiz Yourself on Equitable Adoption | |
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Adoptee's Right to Know of Origins | |
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Traditional Rule | |
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Modern View | |
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Quiz Yourself on Adoptee's Right to Know of Origins | |
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Adult Adoption | |
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General Rule | |
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Limitations | |
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Adoption of Gays and Lesbians | |
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Adoption Failure: Revocation and Abrogation | |
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Revocation of Consent | |
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Abrogation | |
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Quiz Yourself on Abrogation | |
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Exam Tips on Adoption | |
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Essay Exam Questions | |
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Essay Exam Answers | |
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Glossary | |
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Table of Cases | |
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Table of Statutes | |
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Index | |