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FMSC 487
Final Exam
| Term | Definition |
|---|---|
| Buck v. Bell (US SCT 1927) | F: VA sued to have feeble-minded daughter sterilized at the urging of eugenics H: US SCT voting 8-1; upheld VA law that permitted eugenic sterilization |
| Skinner v. Oklahoma (US SCT 1942) | F: addressed issue of cumpulsory sterilization, overturned Oklahoma penal law, which allowed state to order sterilization as punishment for multiple offenses |
| Roe v. Wade (1973) | H: Texas law criminalizes abortion; end of 1st trimester: decision must be left to medical judgement of woman's doctor; end of 2nd: state may promote mother's health & regulate the abortion procedure; before viability: potential of life promoted |
| Viability | When the fetus could be removed from the woman and live outside of the body |
| Planned Parenthood v. Casey | Change Roe's standard to limit state regulations that cause an 'undue burden' on the woman's rights to choose |
| Belotti v. Baird (1979) | Minors need permission to get abortion (some exceptions) |
| Laura G. v. Peter G. | F: while married, H (had vasectomy) supported idea and signed contract but never signed legal consent, now at divorce he says he shouldn't support & wife agrees; court not sure because child has right to support H: He has to support children |
| Astrue v. Capato (SCt. 2012) | F: H froze sperm before cancer treatment, dies; W uses sperm 1 year later, wants SSI to pay father's death benefits I: Should future born children get support if never lived with father? H: Inheritance law controls, so NO in FL, may be OK in some states |
| Davis v. Davis | F: Junior and W mary; H tells W should try AI; 1st doesn't work, W goes back & gets pregnant; divorce before child is born H: With 2 competing requests, we shouldn't burden the one who is against it unless the other one cannot have children otherwise |
| Reber v. Resiss (PA 2012) | F: after marriage W gets cancer, IVF 13 embryos and frozen, no contract, during treatment H wants divorce, 18 mos. later H has baby with other woman; W wants to use eggs to have children H: eggs/embryos are divorce property |
| Dunson v. Szafranski | F: after cancer diagnosis asks boyfriend to donate, he does but when her treatment starts he breaks up; later asks court to prevent her use H: still pending |
| Sofia Vergara (2015) | F: created embryos with non-married partner - just in case; after break-up she sues to prevent him from using them |
| Matter of Baby M (NJ) | F: Stern's sperm impregnates Whitehead (surrogate); she wants to keep baby despite contract giving up parental rights, compensation of $10,000 I: Can this contract be valid? H: Don't allow surrogacy contract (baby selling); if no money involved maybe |
| Was Baby M right? | F: Australia couple (illegal) goes to Thailand for surrogate; twins, later learn one has DS, couple told surrogate to have abortion (she opposes because of religion); couple only takes healthy baby 2015: Thailand banned commercial surrogacey |
| Levy v. Louisiana (SCT 1986) | F: LA allowed kids born in wedlock to recover for loss of mother but not illegitimate, unmarried mom with 5 kids dies during surgery I: Is law that treats illegitimate kids differently than legitimate ones right? H: No, Equal protection (14th amdmnt) |
| Gomez v. Perez (1973) | F: Perez, natural father of Gomez sued for support; court denied it not because she didn't need it but because the state penalized her birth status H: fathers have to pay child support irregardless of birth status |
| Stanley v. Illinois (1972) | F: Mother dies and non-married father want to keep kids, state law says kids become ward of state H: he should be allowed to keep the kids and not have to prove he is fit like some stranger would in an adoption |
| Virginia's Putative Fathers registry | declare or loose the right to have the state locate you at birth and right to have a say in adoption etc. by mother |
| Amy G. v. M. W. | F: Married man has affair & after child is born comes to MD and woman gives child to him, he raises with W; when biological mom wants it back, H argues it is his and so also W's child H: W has no claim to maternity |
| NAH and AHV v. SLS (2000) | F: baby born while mom married to H, mom went back to H (AH) and SLS sued for recognition as biological father, test show both father H: Colo. SCt. says use best interest of the child |
| Langston v. Langston | I: Can a man get a blood test after admitting to being the father? H: Court allows test, man is NOT the father |
| John P. v. Jamie P. (NY 2014) | F: child conceived through AI, hospital doesn't allow both on certificate; marry; divorce; fill out form to give visitation rights to non-bio mom, she files for joint custody, bio mom rejects H: NY law said no other parent, so no visitation rights |
| Social Services v. Miller | F: woman is pregnant and had sex with identical twins; known them since teens, says she can tell them apart, one used protection H: one who didn't use protection is the father, should pay child support |
| Johnson v. State (1992) | F: pregnant woman with history of drug abuse used rock cocaine on morning of labor I: Whether a drug addicted mother can be charged with a criminal offense of delivering controlled substance to baby H: No, don't criminalize her addiction |
| Hermanson v. State (FL) | F: Christian Scientist family believe in healing through prayer; daughter is sick, pray; daughter gets worse & dies in ambulance; parents charged with manslaughter H: Statute didn't give enough guidance on when to change behavior & can't convict parents |
| Garska v. McCoy (WVA 1981) | F: mother & father never married, court gives custody to dad; 15 yo gets pregnant to mom's boyfriend while living in their trailer; no $; baby ill; mom wants gps to adopt for HI I: Who should get custody? H: Dad; later mom |
| Palmore v. Siodoti | Mom wins battle but loses child |
| SooHoo v. Johnson (Minn. 2007) | F: sam sex couple; SH not related to child I: Does she have legal right to child? H: Yes, couple and child should get therapy |
| Smith v. Smith (OH 2007) | F: dad (no custody) doesn't agree with mom's decision, mom allows 12 yo to dress like girl, name Christine and attend transgender support groups, H had not contact with child since separation H: child shouldn't live with mom, full custody to dad |
| Marriage of Carney TC's decision based on outdated notion of gender roles | Custody of 2 sons to mom; modification made after William was in accident left him quadriplegic; mom didn't send support and see kids 5 years; focus was Williams physical disability. He is able to provide a good environment for kids. |
| Anderson v. Loper (Ala. 1996) | F: dad doesn't want to pay anymore child support because daughter finished HS and lives with boyfriend over objection of parents H: He should pay support |
| Elonis v. US (SCT 2014) | F: Anthony Elonis of PA. heinous man, writes bad things about others online, threatens to hurt them I: Whether violent threats made online are illegal H: No, it's freedom of speech |
| Maryland Army Veteran | F: veteran thinks W has affair, sends threatening messages, she works at Capitol H: vet should be taken to hospital for emergency psychiatric evaluation; search home find 2 fire arms |
Created by:
Jnett
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