FMSC 487 Legal Aspects of Family Problems 09 04 2012 Yellow cases K contract Blue definitions important for test Legal aspects of family problems How much do you know about Maryland courts court of appeals court of special appeals circuit courts district court Federalism sharing of power between fed and state courts Plaintiff the one bringing the suit suing Defendant person or entity that is being sued Stare decisis to adhere to that which has been decided Precedent past cases that are subsequently followed even though a different decision might be made were it the first time the question had arisen Appellant the party that brings an appeal lost on that issue for the case in the lower court Appelle the party who the appeal is brought against Certiorari a write of review or a petition for review to US court Jurisdiction where should the court case he heard in what court facts after they broke up a women sues him for money she felt he owed her from the she claims he man breached the agreement to provide W with all her financial Anastasi v Anastasi relationship and subsequent breakup support and needs for life procedural history women sues files in the NY state district court state trial court man wants it removal to NY federal court diversity of citizenship lower court holding agrees with the man akin to K Holding in this case NJ supreme court on appeal reversed During case state case law changed making clear NJ has significant state interest in consensual live in relationship protecting that interest Remanded to state court to decide the issue of payment Rule of law generally federal courts defer to states in domestic matters The Domestic Relations Exception Student Brief Elements of a student brief o Title Smith v Jones o Facts o Issue What is the legal question the case asks that the court needs to decide Usually in yes or no form Ex Does the constitution require notice o Holding answer of the courts decision Answers the questions raised in the issue yes or no answer Include the court s reasoning for why it decided the case What is family Form family o Related by blood marriage or adoption Functional family o A group that functions as a family The functional equivalent of a family a commitment to a permanent relationship a perceived reciprocal obligation to support care for each other Ladue v Horn 1986 Missouri Facts 2 families lived together o This was detailed in an ordinance for which the stated purpose was health safety morals and general welfare Issue Does a man and a woman living together sharing pleasures and certain responsibilities per se constitute a family Rule of Law A man and a woman living together sharing pleasures and certain responsibilities does not per se constitute a family Braschi v Stahl Assoct Co marriage or adoption Facts plaintiffs are two adult males who lived together are not related by blood o The man who had his name on the lease passed away and the other man still living was going to be evicted because he was not on the lease o The state told him to start paying market rent o He is now going to argue that they were a functional family and they can t evict him Friends and family called them spouses stayed together over 10 years shared bank accounts Holding they were a functional family allowing P to remain Reasoning they lived together as life partners for more than 10 years regarded each other and family and friends as spouses financially shared household budget and accounts even had power of attorney and beneficiary of life insurance policy clearly considered apt home driver s license address mail etc Ct said it is reasonable to extend protections to P residing in households having all of the normal familial characteristics Why did they find family here but not in Ladeau o 1 LaDue had the option to marry and resolve this but instead fought it o 2 defendant here was corporation not the community that had its own interests in protecting the definition of family o 3 this case involved money not a direct impact on morality o 4 NY vs Mid west When people structure their personal relationships to satisfy personal needs and Contracting to clarify shared expectations Ability of people to structure and determine the incidents of their private relationships Private Ordering desires 3 Marvin Cases First court case to judicially fashion a remedy for co habitational relationships Recognized the viability of private ordering between non marital Provides the basis for economic awards to non married cohabitants today Marvin 1 California Supreme Court should be enforced Issue whether a non marital oral agreement for life long support and property vision Facts michelle marvin P attempted to enforce an oral agreement to pool assets when she actor Lee Marvin D ended the co habitational relationship after 7 years Never applied for marriage license shared home lifestyle sex she never gave up career kept house He made lots of money in movies and real estate She changed name from Tiola he kicked her out gave support for 1 year then stopped o Appellant woman appeal from denial of enforcement of oral K granted D motion to dismiss he said agreement was immoral o Oral contract enforceable to extent not specifically based on illicit sexual History services Reasoning o recognizes equitable rights and remedies in meretricious relationships outside of marriage if not solely based on sex consideration o Can we actually enforces promises on cohabitational couples are they going to hear a case when someone wants compensation if they weren t married this was the first court that said relationships outside of marriage may be recognized by society and may be entitled to some money if they break up Marvin 2 Procedural history lower trial court on remand looks at the issue of the value of the services she rendered Quantum meruit as much as she deserves o Refers to recovery based on doctrine of unjust enrichment where 1 person renders valuable service materials that is accepted enjoyed by another person Under these circumstances it would be reasonable for the recipient to know that the rendering party expected to be paid o In essence the law implies a K contract to pay the reasonable value of the service material furnished Holding decision Michelle entitled to compensation under implied contract theory of Quantum Meruit awarded 104 000 for rehabilitation Marvin 3 F without an agreement for it court awarded money to allow learning new job skills after the breakup Issue was award for