Multistate Essay Examination (MEE) Trusts, Estates, Family Law, and Conflict of Laws Flashcards

24 sample cards from the Trusts, Estates, Family Law, and Conflict of Laws deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. Under the Claflin doctrine, when may beneficiaries terminate or modify an irrevocable trust before its stated termination?

   All beneficiaries must consent AND modification/termination must not be contrary to a material purpose of the settlor (e.g., a spendthrift provision, a support purpose, or an age/discretionary distribution scheme is a material purpose). If a material purpose remains unfulfilled, beneficiaries alone cannot terminate.

2. How may a trust be modified or terminated under the UTC with the settlor involved, or by a court for changed circumstances?

   With the settlor's consent, an irrevocable trust may be modified/terminated even if contrary to a material purpose, with consent of all beneficiaries. A court may modify administrative or dispositive terms (deviation/equitable deviation) due to circumstances unanticipated by the settlor when doing so furthers the trust's purposes; small or uneconomic trusts may be terminated.

3. What are the requirements for an enforceable premarital (prenuptial) agreement under the UPAA?

   It must be (1) in writing and signed by both parties (no consideration required beyond the marriage). It is unenforceable if a party proves (a) she did not sign voluntarily, OR (b) it was unconscionable when executed AND she lacked fair disclosure of the other's assets/obligations, did not waive disclosure, and had no adequate knowledge of them.

4. What is a covenant marriage and what distinguishes the elements of a valid (ceremonial) marriage?

   A valid ceremonial marriage requires (1) legal capacity (age, not already married, not within prohibited degrees of kinship, mental capacity), (2) a license, and (3) a solemnization/ceremony. A covenant marriage (available in a few states) requires premarital counseling and limits the grounds and ease of divorce.

5. What are the requirements to establish a common law marriage?

   In the minority of states recognizing it: (1) the couple has the capacity to marry, (2) they presently agree/intend to be married, (3) they cohabit, and (4) they hold themselves out publicly as married. A valid common law marriage is recognized in all states under conflict-of-laws principles even if formed in a recognizing state.

6. Distinguish equitable distribution from community property in divorce property division.

   Community property states split marital (community) property 50/50, treating each spouse as a half-owner of property acquired during marriage. Equitable distribution states (majority) divide marital property fairly—not necessarily equally—based on factors like length of marriage, contributions, and each spouse's economic circumstances. Both typically exclude separate property (pre-marital, gifts, inheritance).

7. What factors govern an award of spousal support (alimony) and what are the main types?

   Factors: length of marriage, standard of living, each spouse's income/earning capacity, age/health, and contributions (including homemaking). Types: (1) permanent (rare, for long marriages), (2) rehabilitative (temporary, to gain self-sufficiency), (3) reimbursement (repaying support of the other's education/career), and (4) lump-sum/temporary (pendente lite).

8. What is the standard for determining child custody, and what factors are weighed?

   The best interests of the child. Factors include the wishes of the parents and (mature) child, the child's relationship with each parent and adjustment to home/school, the mental/physical health of all parties, each parent's ability to provide, and which parent is more likely to foster a relationship with the other. The tender-years presumption is now generally rejected as unconstitutional.

9. How is child support typically calculated, and what is required to modify it?

   Support is set by state guidelines, most commonly the income-shares model (combining both parents' incomes and apportioning the obligation by income share) or the percentage-of-income model. Modification requires a substantial and continuing change in circumstances (e.g., changed income or the child's needs).

10. Under the UCCJEA, which state has jurisdiction to make an initial child custody determination?

    Priority goes to the child's home state—the state where the child lived with a parent for at least six consecutive months immediately before the proceeding (or since birth if under six months). The home state retains exclusive continuing jurisdiction. The UCCJEA prevents competing custody orders across states.

11. What is the marital presumption of paternity and how may it be rebutted?

    A child born to a married woman is presumed to be the husband's child. The presumption can be rebutted by clear and convincing evidence (e.g., genetic testing) in many states, though some restrict challenges to protect the marital family/child. Presumed fatherhood also arises when a man holds out the child as his own and resides with the child.

12. What are the requirements and effects of adoption, and what is a stepparent adoption's effect on the noncustodial parent?

    Adoption requires consent of the biological parents (or termination of their rights) and a court finding that adoption serves the child's best interests. Adoption severs the legal parent-child relationship with the biological parents and creates a full one with adoptive parents. In a stepparent adoption, the noncustodial biological parent's rights (and support duties) are terminated.

13. On what grounds may parental rights be involuntarily terminated, and what procedural protection applies?

    Grounds include abandonment, neglect, abuse, or unfitness. Because termination is permanent, due process requires the state to prove the grounds by at least clear and convincing evidence (Santosky v. Kramer). Indigent parents may have a right to appointed counsel depending on case-specific factors (Lassiter).

14. What is domicile, and how is a domicile of choice established and changed?

    Domicile is the place a person regards as home—the technically pre-eminent connecting factor in conflicts. A domicile of choice requires (1) physical presence in the new place and (2) the intent to remain there indefinitely. A person has exactly one domicile at a time and retains the old domicile until a new one is established.

15. Under the traditional (vested rights / First Restatement) approach, what law governs torts and contracts?

    Torts: the law of the place of the wrong (lex loci delicti)—where the injury occurred. Contracts: the law of the place of contracting (lex loci contractus) governs validity, and the place of performance governs performance. These are rigid, territorial rules applying the law of the place where the last vesting event occurred.

16. What is the 'most significant relationship' test of the Second Restatement?

    The court applies the law of the state with the most significant relationship to the issue, evaluating (1) connecting factors specific to the area (e.g., place of injury, conduct, parties' domiciles, center of the relationship) and (2) general principles of section 6 (relevant policies of the forum and other states, justified expectations, predictability, and ease of application).

17. What is governmental interest analysis, and how does it treat true conflicts and false conflicts?

    The forum examines whether each state has a genuine policy interest in applying its law. A false conflict (only one state is interested) applies the interested state's law. A true conflict (both interested) applies the forum's own law (forum law preference). An unprovided-for case (neither interested) typically applies forum law.

18. Which jurisdiction's law governs the validity of an inter vivos transfer and devolution of real property versus personal property?

    Real property: governed by the law of the situs (where the land is located) for validity, formalities, and succession. Personal property: succession and validity of transfers are generally governed by the law of the owner's domicile at death (for movables) or the situs at the time of transaction.

19. What does the Full Faith and Credit Clause require regarding sister-state judgments, and what defenses survive?

    A final, valid judgment on the merits rendered by a court with proper jurisdiction must be recognized and enforced by other states, even if contrary to the forum's public policy. Defenses to recognition: the rendering court lacked personal or subject-matter jurisdiction, the judgment was procured by fraud (extrinsic), or it was not final/on the merits. Penal judgments are excepted.

20. In Article 9, what types of collateral are classified as goods, and what are the four subcategories?

    Goods are things movable when a security interest attaches. The four mutually exclusive subcategories, defined by the debtor's use/intent: (1) consumer goods (personal, family, household use), (2) inventory (held for sale/lease or used up in business), (3) farm products (crops/livestock in farming), and (4) equipment (the default/catch-all for business use).

21. What three requirements must be satisfied for a security interest to attach and become enforceable?

    (1) Value has been given by the secured party; (2) the debtor has rights in the collateral (or power to transfer rights); and (3) either the debtor has authenticated a security agreement that describes the collateral, OR the secured party has possession or control of the collateral pursuant to a security agreement. All three must coexist.

22. What is perfection, and what are the principal methods of perfecting a security interest?

    Perfection gives the secured party priority over most third parties. Methods: (1) filing a financing statement (the default method for most collateral); (2) possession (for goods, instruments, money, negotiable documents); (3) control (for deposit accounts, investment property, letter-of-credit rights); and (4) automatic perfection (most notably a PMSI in consumer goods).

23. State the general priority rule among competing secured creditors and the super-priority of a PMSI in inventory and goods.

    General rule: first to file or perfect prevails; a perfected interest beats an unperfected one, and unperfected interests rank by attachment. A PMSI in non-inventory goods has super-priority if perfected within 20 days after the debtor receives possession. A PMSI in inventory has priority only if perfected before the debtor gets possession AND authenticated notice is sent to prior conflicting filers before delivery.

24. What are the secured party's rights on default, and the rules governing disposition of repossessed collateral?

    On default the secured party may repossess (self-help without breach of the peace, or by judicial action) and either (1) dispose of the collateral by a commercially reasonable sale (after reasonable notice to the debtor) applying proceeds to the debt, with the debtor liable for any deficiency, or (2) accept the collateral in full or partial satisfaction (strict foreclosure), subject to the debtor's consent and objection rights.

What this deck covers

Trusts, Estates, Family Law, and Conflict of Laws flashcards FAQ