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CHAPTER 5 MARRIAGE

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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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Presentation Transcript
slide2

Chapter 5

Marriage

  • Defining Marriage
    • Over one thousand laws pertain to marriage
  • Defining Marriage Around the World
    • Define
      • Civil marriage
  • Marriage Customs
    • American customs
slide3

Chapter 5

Marriage

  • Monogamy to Multiple Marriages
    • Monogamy
    • Polygamy
    • Polyandry
  • Arranged Marriages
    • Where and why
  • Until Death Do Us Part?
slide4

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
slide5

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
slide6

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
slide7

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
slide8

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
slide9

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
slide10

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
slide11

Chapter 5

Marriage

  • Putative Marriage
  • Is a Putative Marriage punishing?
    • Garduno v. Garduno
  • Annulment
    • Understand what an annulment is
  • Religious Annulment
    • Religious divorce
slide12

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
slide13

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
slide14

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
slide15

Chapter 5

Marriage

  • Same Sex Marriage Around the World
    • Partnership
    • Civil unions
    • Domestic partnership
  • Same Sex Marriages in the U.S.
    • California Couples Registry
slide16

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
slide17

Chapter 5

Marriage

  • Ethics Alert:
    • Susan questions clients’ readiness for marriage.