Assignment

1. Tell of court remedies either in English or Russian.

2. Adduce examples of criminal frauds.

Text 5 Family law

The American family has changed dramatically during the past 90 years. One of these changes has been a reduction in size. In 1900, the average family size was 5.7 persons. By 1987, the average family had shrunk to 3.19 persons. Today, couples are having fewer children or, in some cases, no children at all.

The changes that have taken place in women’s roles also have affected the family. During the early part of this century, most married women did not work outside their homes. Today, however, over 60 percent of all married women hold jobs outside their homes.

Single-parent families are yet another example of ways in which families are changing. Although most families still include two parents, the number of one-parent families has doubled in the past decade. There are two reasons for this. First, the number of divorces is at all-time high. Second, there has been an increase in the number of unmarried persons who have become parents.

These and other changes have caused problems and conflicts that often involve the law. Nevertheless, the family no doubt will continue to adapt.

Marriage is a personal, social, religious, economic, and legal relationship. More than 90 percent of all Americans will be married at some time during their lives. This section examines the legal aspects of marriage. You will learn the steps that one must follow to get married, the requirements for a legal marriage, and the difference between formal and common-law marriage.

In legal terms, marriage is a contract between two persons who agree to live together as husband and wife. It creates legal rights and duties for each party. Anyone who wants to get married must meet certain legal requirements.

In the United States, marriage laws are set by the individual states. The legal rules vary from state to state. However, all states have the following requirements:

Age. A couple must meet certain age requirements. Usually, females must be 16 and males 18. Some states allow younger couples to get married if their parents consent. Some states also allow marriage below the minimum age if the female is pregnant.

Relationship. Every state forbids marriage between close relatives. A person cannot marry his or her parent, child, grandparent, grandchild, brother, sister, uncle, aunt, niece, or nephew. Many states also prohibit marriages between first cousins. Marrying or having sexual relations with a close relative is a crime known as incest.

Two people. Marriage is between two persons only. Marrying someone who is already married is illegal. Having more than one husband or wife is a crime known as bigamy.

Man and woman. Marriage is a relationship between a man and a woman. Marriages between two persons of the same sex are illegal.

Consent. Both persons must agree to the marriage. No one can be forced to marry someone against his or her will. For example, no one can be forced to marry someone at gunpoint.

As a general rule, if a marriage is legal in one state, it will be recognized as legal in all other states. However, if a couple goes through a wedding ceremony without meeting the requirements for a legal marriage, the marriage may be annulled. Annulment is a court order that the marriage never existed. It is different from a divorce, which is a court order that ends a valid marriage. In other words, a divorce means that a man and woman are no longer husband and wife. An annulment means that a man and a woman were never husband and wife.

The grounds for annulment vary from state to state, but common reasons for an annulment include the following:

Age. The couple was too young to get married.

Bigamy. One spouse was already married.

Fraud. One spouse lied to the other about an important matter, such as the desire to have children.

Lack of consent. One spouse was forced to marry against his or her will, was too drunk to understand that a wedding was taking place, or was insane.

Laws place many restrictions on marriage. Laws prescribe who can marry, what obligations are created by marriage, and how marriage can be ended. However, states cannot prohibit marriage between healthy adults without a good reason.

Customs and traditions also play a large role in marriage. For example, most marriages in the United States take place in a church or synagogue. In America, religious and cultural traditions are an important part of married life. However, these customs and traditions sometimes run afoul of the law. The following cases will help you understand why government regulates marriage and which regulations are appropriate.