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CHAPTER 5 MARRIAGE Chapter 5 Marriage Defining Marriage Over one thousand laws pertain to marriage Defining Marriage Around the World Define Civil marriage Marriage Customs American customs Chapter 5 Marriage Monogamy to Multiple Marriages Monogamy Polygamy Polyandry

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CHAPTER 5 MARRIAGE

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CHAPTER 5MARRIAGE


Chapter 5

Marriage

  • Defining Marriage

    • Over one thousand laws pertain to marriage

  • Defining Marriage Around the World

    • Define

      • Civil marriage

  • Marriage Customs

    • American customs


Chapter 5

Marriage

  • Monogamy to Multiple Marriages

    • Monogamy

    • Polygamy

    • Polyandry

  • Arranged Marriages

    • Where and why

  • Until Death Do Us Part?


Chapter 5

Marriage

  • Is Marriage Really a Contract?

    • Marriage is technically known as an anomalous contract

  • Left at the Altar

  • History of the Breach-of-Promise Action

    • Breach of Promise to Marry


Chapter 5

Marriage

  • Suing for a Broken Promise

    • Define consideration

    • Define alimony

    • Three types of damages historically allowed by a breach of contract

      • Expectation damages

      • Reliance damages

      • Pain and suffering damages

    • Understand tort law


Chapter 5

Marriage

  • Breach of Promise Backlash

  • Heart-balm Statutes Change Law

    • Discuss the heart-balm statutes

  • The Issue of the Ring

  • Options for a Jilted Fiancée: Advice to the Lovelorn


Chapter 5

Marriage

  • The Legal Requirements of Marriage

    • A license

      • Proof of identify

      • Proof of parental consent under 18 years of age

      • Proof that any prior marriage is dissolved

      • Social Security number

      • Assigned application and printed oath


Chapter 5

Marriage

  • A license (continued)

    • Different sexes

      • Marrying couples must be different sexes

      • Vermont allows civil unions for same-sex partners

    • Not being already married

    • Acceptable degree of consanguinity

    • Mental capacity

      • Ratification


Chapter 5

Marriage

  • A license (continued)

    • Intent to marry

      • Sham Marriage

      • How a marriage is “voidable” with and without fraud

      • Impotence leads to fraud claim

      • T. v. M., falsely called T.

    • An age requirement

      • Full faith and credit clause

    • Solemnization ceremony

      • Required be all 50 states


Chapter 5

Marriage

  • Covenant Marriage: This one’s for keeps?

  • Common Law Marriage

    • Requirements

      • Man and woman mutually intend to be husband and wife

      • Man and woman let it be commonly known they are husband and wife

      • In some states, must live together


Chapter 5

Marriage

  • Putative Marriage

  • Is a Putative Marriage punishing?

    • Garduno v. Garduno

  • Annulment

    • Understand what an annulment is

  • Religious Annulment

    • Religious divorce


Chapter 5

Marriage

  • Taking the Husband’s name: What’s in a name?

    • In re Change of Name of Polly Christine (Brewer) Miller

  • Alienation of Affection and Criminal Conversation

    • Enticement action

    • Consortium

    • Alienation of affection

    • Causes of action in alienation of affection

    • Criminal conversation

      • Hunt v. Hunt


Chapter 5

Marriage

  • Case Led to Demise of Criminal Conversation Claim

    • Fagden v. Lenkner

  • Legal Duo: Civil Rights and Negligence

    • Tort

    • Negligence

    • Gates v. Foley

  • Privacy Issues within Marriage

    • Griswold v. Connecticut


Chapter 5

Marriage

  • Societal Trends Affect Marriage Vows

  • Rape: Why A Marital Exemption?

    • People v. Liberta

  • Supreme Court Aids Loving Couple

    • Define antimiscegenation laws

    • Loving v. Virginia


Chapter 5

Marriage

  • Same Sex Marriage Around the World

    • Partnership

    • Civil unions

    • Domestic partnership

  • Same Sex Marriages in the U.S.

    • California Couples Registry


Chapter 5

Marriage

  • History of Same Sex Marriages

    • Baehr v. Lewin

  • The Defense of Marriage Act (DOMA)

    • Reciprocal beneficiaries concept

  • Civil Unions: Bumper Crop for Vermont

    • Legal aspect of civil unions

  • Transgender Issues in Marriage

    • Role transgender plays in a marriage


Chapter 5

Marriage

  • Ethics Alert:

    • Susan questions clients’ readiness for marriage.


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