H,I
heart-balm action
What is an action based on the loss of love & relationships -- on a broken heart
-- breach of promise to marry, alienation of affections, & seduction
irrevocable
What is not capable of being revoked, cancelled, or recalled
miscegenation
Marriage between persons of different races
procedural due process (PDP)
What is the constitutional requirement that the government provide fair procedures such as notice & an opportunity to be heard whenever the government seeks to deprive someone of life, liberty, or property.
recordation
What is filing a document with a government body so that it becomes part of the official record
heart-balm statute
What is a statute that abolishes heart-balm actions.
intestate
What is (1) pertaining to someone who dies without a valid will. (2) a person who dies without a valid will?
marital-communication privilege
What is a person can refuse to testify and can prevent his/her spouse or ex-spouse from testifying as to any confidential communications made between them during the marriage
= marital privilege
= husband-wife privilege
power of attorney
What is (1) a document that authorizes another to act as one's agent or attorney in fact (an attorney in fact is one authorized to act in place of or for another, often in a business transaction. An attorney in fact may or may not be an attorney at law
(2) the authority itself.
rational basis
What is the government's action must be reasonably related to a legitimate state purpose.
= minimal scrutiny
= rational relation
interference with contract relations
What is intentionally encouraging or provoking a breach of contract between 2 other person.
=tortious interference with contractual relations
intermediate scrutiny
What is the government's action must be substantially related to serve an important state interest
= heightened scrutiny
= elevated scrutiny
malice
What is:
1. the intent to inflict injury or other wrongful harm
2. reckless disregard of what is right
3. animosity or ill will
putative spouse
What is a person who believes in good faith that he/she entered (and cohabitated in) a valid marriage even though an impediment made the marriage invalid.
punitive damages
What is damages that are added to actual or compensatory damages in order to punish malicious, outrageous, or reckless conduct & to deter similar conduct in the future
= exemplary damages
= smart money
=vindictive damages
intentional infliction of emotional distress
What is intentionally causing severe emotional distress by extreme or outrageous conduct
in praesenti
What is at present = now
nepotism
What is favoritism shown to relatives
a rule against nepotism = antinepotism rule
revocable
What is susceptible of being revoked, cancelled, or recalled
specific performance
What is a remedy for breach of contract that forces the wrongdoing party to complete the contract as promised
inter vivos gift
What is a gift that takes effect while the donor is living
impediment
What is a legal obstacle that prevents the formation of a valid marriage or other contract
officiant
What is the one who leads or performs a ceremony, often a religious service
restraint of marriage
Wht is a condition in a contract or gift that a benefit will be lost upon marriage or remarriage
scienter
What is intent to deceive or mislead