Entering a valid marriage Bar Exam Flashcards - Medical Study Cards
Master Entering a valid marriage with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Entering a valid marriage Flashcard Deck - 10 Cards
Flashcard 1: What is the difference between a void and a voidable marriage?
Answer: A void marriage is invalid from the beginning and may generally be attacked by either party or a third party; examples include bigamy and prohibited incest. A voidable marriage is valid unless and until annulled at the request of an authorized party, such as for lack of capacity or fraud going to the essence of the marriage.
Flashcard 2: What is the effect of a marriage license requirement?
Answer: In the majority of jurisdictions, a license is a statutory formality, and failure to obtain one does not necessarily invalidate an otherwise valid marriage unless the statute expressly makes licensing essential.
Flashcard 3: How is a common-law marriage usually proved?
Answer: The party asserting the marriage must prove the required elements, commonly through evidence such as joint tax returns, shared finances, use of a common surname, insurance designations, and representations to family or the community.
Flashcard 4: Is a ceremony, marriage license, or particular words required for a common-law marriage?
Answer: No ceremony, license, or specific words are generally required if the jurisdiction recognizes common-law marriage and the parties satisfy its substantive elements.
Flashcard 5: What is the effect of an officiant’s failure to comply with a marriage-solemnization requirement?
Answer: Under the majority approach, a technical defect by the officiant does not invalidate the marriage if the parties had capacity, consented, and substantially complied with the law. The result depends on the governing statute.
Flashcard 6: What are the basic elements of a valid ceremonial marriage?
Answer: The parties must have legal capacity, give voluntary consent, comply substantially with statutory formalities, and have the marriage solemnized by an authorized officiant or otherwise in the manner required by law.
Flashcard 7: What is required for a common-law marriage under the majority rule?
Answer: The parties must have legal capacity, presently intend to be married, cohabit as spouses, and hold themselves out to the public as married. The jurisdiction must recognize common-law marriage, because many states do not permit new common-law marriages.
Flashcard 8: What is the general rule for determining whether a marriage is validly formed?
Answer: Under the majority rule, a marriage is governed by the law of the place where it was celebrated (lex loci celebrationis), unless recognition would violate a strong public policy of the forum.
Flashcard 9: Will a jurisdiction generally recognize a marriage valid where celebrated even if the couple could not marry there?
Answer: Yes, under the majority conflicts rule, a marriage valid where celebrated is generally recognized elsewhere. An exception may apply when recognition would violate a strong public policy of the forum, although modern law strongly favors recognition.
Flashcard 10: What legal capacities must parties generally have to marry?
Answer: Each party must have sufficient mental capacity, must not already be married, and must satisfy the jurisdiction’s minimum-age requirements. A person generally may not marry a close relative prohibited by statute.
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