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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 | |