Assignment Due on Nov. 22 Family Law and also is Review for Eval #4

Family Law – Chapter 9 [Titles below are from our Chapter 9 section-headings]

To complete this assignment, please do the following:

1. How to access and use the Court Cases:           

 a. go to: www.ecasebriefs.com/blog/category/law/     b. scroll down left side and CLICK ON:  FAMILY LAW

c. then CLICK ON: “Family law keyed to Weisberg”       d. Search each Chapter for the Named Cases.             e. Read the Cases assigned

[Only Wisconsin v Yoder is at another website - address is given below.]  

2. How to access Florida Statutes:            a. go to:    www.leg.state.fl.us/statutes/

   b. read the assigned Statute relating to Family, Marriage, Child Custody, etc.

  c. Make notes on the Florida requirements/laws for the statute topic 

As a class we will discuss both the Florida Statutes and the Issues and Final Court decisions about each case.

I.          Federal Government and Family Law 

Cases                                                                                                             FL Statutes

Cruzan v Director, Missouri Department of Health 497 U.S. 261 (1990)     Addition: 765.401

Issue. Does the United States Constitution forbid the procedural requirements established by Missouri?

Pierce v. Society of Sisters 268 U.S. 510 (1925)

Issue. Does the Act unreasonably interfere with the liberty of parents and guardians to direct the upbringing and education of children under their control?

Wisconsin v Yoder, 406 U.S. 205 (1972). This case is found at: http://www.oyez.org/cases/1970-1979/1971/1971_70_110/ Did

Wisconsin's requirement that all parents send their children to school at least until age 16 violate the First Amendment by criminalizing the conduct of parents who refused to send their children to school for religious reasons? 

2.         What is Marriage?    What are its Legal Consequences?           

Common Law            Marvin v Marvin            Domestic Partnerships,

Civil Unions            Same Sex Marriage 

Cases                                                      FL Statutes                                                                       

 741.01(1)         741.21      741.211      741.212           771.01  additions: 741.01 and 741.0305 (1)(2)

Loving v Virginia 388 U.S. 1 (1967)                                        

 Issue. Does the Virginia statute prohibiting marriages solely on the basis of racial classification violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment?

Marvin v Marvin 557 P.2d 106 (CA 1976)                              

Issue. Did the trial court err in granting defendant judgment on the pleadings?

Hawthorne v State 408 So.2d 801 (FL Dist Ct App 1982

Issue. Is expert testimony regarding battered women’s syndrome admissible in a murder trial in which the defendant claims self-defense?