KAYDEN'S LAW
The number of factors the Court must now consider when awarding custody.
What is 19? (23 Pa. C.S.A §5328(a))
There are 23 of these in the Federal Rules of Evidence but there are 3 of these in the PA Rules of Evidence.
What are rules governing hearsay exceptions in the Federal Rules of Evidence versus the PA Rules of Evidence?
(note for us, Fed Rules are organized into 23 exceptions, PA Rules lump all of the exceptions under 3 rules)
The impact of a party dying before the parties have established grounds.
What is Abatement?
This case holds that if there is no capacity to marry at the time of engagement, then the ring is not a conditional gift and there is no requirement to return it.
What is Campbell v. Tang?
The old fault grounds for divorce.
What is an entitlement defense to spousal support?
This factor is given substantial weighted consideration, which affects the safety of the child.
(There are four acceptable answers)
Which party is more likely to ensure the safety of the child? 5328(a)(1)
or
What is the present or past abuse committed by a party or member of the party's household, which may include past or current protection from abuse or sexual violence protection orders where there has been a finding of abuse? 5328(a)(2)
or
What is the information set forth in section 5329.1(a) relating to the consideration of child abuse and involvement with protective services?
or
What is "violent or assaultive behavior committed by a party?" 5328 (a)(2.2)
This Rule is not a Rule of Evidence but is attempted to be used as one to prevent evidence from being allowed during a civil trial when a defendant has passed away.
What is the Dead Man’s Rule? (42 Pa.CSA. Sec 5930)
A party may obtain a divorce decree under 3301 (c)(2) only after this event has occurred.
What happens when a party has been convicted of a personal injury crime against his or her spouse?
The acronym for legislation that governs interstate and international custody matters.
What is the UCCJEA?
The following are some factors the trier-of-fact shall consider in determining this:
Child care responsibilities and expenses; assets; residence; employment and earnings history; job skills; education attainment . . .
What is earning capacity? (Rule 1910.16-2(d)(4)(ii))
This definition now includes the crime of stalking.
What is abuse?
A Rule that every trial practitioner should know, this Rule states that all relevant evidence is admissible, except as otherwise provided by law. And, evidence that is not relevant is not admissible.
What is Rule 402? (Article IV, Rule 402)
Before one can appropriately file a Motion for Appointment of a Divorce Hearing Officer in Equitable Distribution, this procedure must be completed
What is Discovery?
This case holds that there is an enforceable right to parentage under the principles of contract law and seems to indicate an intent-based parentage right exists.
What is Junior v. Glover?
The amount of time to file exceptions or de novo review after the receipt or the date of the mailing of the report of a support hearing officer, whichever occurs first.
What is 20 days? (Rule 1910.12(f))
This definition now includes anyone living there, without regard to relationship.
What are Household members?
This Rule, formally known as Rule 1002 - Requirement of the Original, applied only to writings but it may apply to recordings or photographs.
What is the Best Evidence Rule?
Other than by handing a copy to the Defendant, handing a copy at Defendant’s residence to an adult, or to a clerk or manager at a hotel or apartment house where Defendant resides, Defendant may be served at this location.
What is the place of business of the Defendant?
Under the rules of evidence, unless stipulated to, you must produce evidence sufficient to support a finding that the item is what you assert it to be.
What is authentication?
When a payor’s income reduced, this is where the trier of fact shall not downwardly adjust the payor’s net income.
What is Voluntary Income Reduction? (Rule 1910.16-2(d)(1))
If after considering the factors (5328), convictions (5329), abuse (5329.1), and criminal charges (5330), the Court finds a history of abuse, the Court must include this in their order.
What are safety conditions/restrictions, the basis for the conditions/restrictions, and the basis for unsupervised after a finding of past abuse
A fact taken as true by the court because it (1) is generally known with the trial court's jurisdiction; or (2) can be accurately and readily be determined from sources whose accuracy cannot reasonably be questioned.
What is Judicial Notice (Pa.R.E. 201)?
If a Defendant refuses to accept service by certified mail, this document must accompany your Affidavit of Service.
What is the returned envelope with the notation that Defendant refused to accept service and an Affidavit that the regular mail was not returned within 15 days?
This asset provides a fixed, pre-established payment for employees to employees at the time of retirement.
What is a defined benefit plan?
This Section of the Divorce Code enables the court in proper cases, upon petition, to allow reasonable APL, Spousal Support, and Counsel Fees and expenses.
What is Section 3702?