-Determining whether someone is dead and the exact cause of their death is a medical-not legal-decision… however, there are many legal and ethical dilemmas…

•Doctor’s professional oath vs. family’s wishes- Several states have the right-to-die-statutes, laws that give patients the power to tell doctors to cut off life support when death near.- These right-to-die statutes are meant to give these people the right to die with dignity and without undue suffering and pain.

A) Living Wills • Document that terminally ill people use to try to determine the course of their treatment- i.e. “if I’m in a situation with no hope of recovery…don’t try anything extraordinary to keep me alive.” Some states uphold these wills, others do not.

B) Missing Persons• Law considers them to be alive, unless there is a reason to think differently… i.e. plane crash.• When no evidence of their death exist, the law will consider them dead after 7 yrs; states don’t assume them dead if there is good reason for disappearance (crime)

• Legally the word family is used to describe many relationships: -Parents and children -People related by blood, marriage, or adoption -Group of people living together in a single group, sharing a living space and housekeeping.

• Families have gotten smaller over the years.• Women’s roles have changed, today over 60% of all married women hold jobs outside the home.• The number of one-parent families has doubled (divorce/unwed parents)

A) Man and Women: same sex marriage is illegal… (except in certain states)B) Consent -> both must agree to it, no one can be forced into marriage* General rule -If marriage is legal in one state, it will be recognized in others…

* Annulment -> court order that the marriage never existed* Divorce -> court order that ends a valid marriage

-Families are more mobile today, spread all over…

• Defn: a personal, social, religious, economic, and legal relationship-Legal defn: a contract between two persons who agree to live together as husband and wife* The marriage contract involves 3 parties:1) husband 2) wife 3) statethus legal requirements:(these vary between states, but all agree on the following) A) Age -> females 16/ males 18; sometimes younger if parents consent or pregnancy B) Relationship -> prohibits incest (marrying/sex w/ close relative) C) Two People -> No third party; i.e. bigamy or marrying a married person… all illegal

A) Blood Test -> for venereal diseases/ makes couples aware of medical problemB) Marriage License -> to apply need info like proof of age/ blood test results - have to swear to truth/ pay feeC) Waiting Period -> to pick up license and some things for ceremony… helps to ensure you are serious about marriageD) Wedding Ceremony -> required for a valid marriage; can be religious or civil ceremony; can be conducted by judge/justice…notary…

* There has to be a statement from each person agreeing to marry before an official and a witness *

-The Law places restrictions on marriage: - who can marry - what obligations created by marriage - how a marriage can be terminated

* It cannot prohibit marriage between 2 healthy adults w/out reason *

• Defn: marriage w/out a marriage license or wedding ceremony• It happens when 2 people agree to live together as if they were married and represent themselves as husband/wife to the public• Only 14 states and Washington D.C. allow it; some states require them to live together for a certain # of yrs.

* To get out of a common law marriage you must get a divorce before remarrying or risk bigamy

- States who don’t allow it still recognize it as legal and children of common law marriage are legitimate.

• Required to support one another with their needs and abilities• Some states still require the husband w/ the legal duty to provide family w/ necessities (food, shelter, etc.) If he doesn’t, wife can force him to pay for them…• Property owned by either spouse before marriage remains theirs throughout it (separate property system)• When they make gifts to each other or place something i.e. house/car, in both their names it’s the joint property system• 9 states have the community property system saying all property acquired during the marriage belongs equally to the husband and wife; if it ends each gets 50-50…

• To resolve some issues before getting married some couples use a prenuptial agreement a written document made before marriage that sets forth certain rights and responsibilities of the husband/wife…

- Other Legal Rules About Marriage: 1) name change -> an option for women and man 2) support -> husband has legal duty to support wife/kids and now some states requiring both to support

3) privileged communications -> husband/wife relationships are privileged, so you don’t have to disclose info about each other to anyone, esp. in court unless: -) they agree -) it’s a federal trial -) spouse is accused of abusing the other.

4) inheritance -> if one dies the other is automatically entitled to a share of the deceased estates ( approx. 1/3 to 1/2) … even if spouse not in will entitled to get a portion of it…

• Also have some rights; can draw up a cohabitation agreement -> written/oral contract outlining how they will deal j with $, property, etc. Also some courts require if j they split for 1 member to make payments, j palimony, to the other member…

• Although no one is forced to marry against their will- fathers are legally required to support their children. If he denies being the father-mom can bring on a paternity action -> establishes his fatherhood and force him to pay pregnancy expenses and child support• The Family Support Act 1988 -> requires all states to assist mothers/children in obtaining paternity testing and allow paternity suits until kid is 18.

A) Responsibilities Between Parents and Children• Parents have a legal obligation to care for, support, and control their children (regardless of race/status)

1) Support -> Basic necessities of life including food, clothing, shelter, education, and medical care. 2) Emancipation -> children are set free from the legal control and custody of their parents, 1. usually age 18. (Parents no longer have to support their children) 2. gets married, 3. joins the armed forces, or when 4. have an agreement approved by the court. 3) Family Responsibilities Laws -> require adult children to care for their elderly parents (in some states only). 4) Education -> children have a right to free public education through 12th grade. School Attendance is required between 7-16 yrs old. Truancy -> missing school w/out justification, i.e. skipping. Parents can be fined or arrested for this.

5) Medical Care -> Parents have a duty to provide medical and dental care; kids need their parents permission to get medical treatment except for ER’s… If parents ignore their kids health -> neglect! 6) Care and Supervision -> Some laws require children to be supervised at all times until a certain age… can’t be left home alone until old enough… 7) Discipline -> children have legal duty to obey parents and follow “reasonable” rules. Kids who continuously disobey/run away from parents can be charged as status offenders and placed under court supervision (counseling/ juvenile facility/foster home…

8)Parent Responsibilities for Children’s Acts-Most states hold you responsible for your kid doing property damage, theft, vandalism. Crime of contributing to the delinquency of a minor -> ex: you forcing your kid to sell drugs…; Also, the family car doctrine -> make parents responsible for damages caused by any driver in the family (ex: you drive parents car, wreck it, they pay $)… 9) Earnings and Employment -> Parents have legal right to take earnings of minor children; you can only keep what they let you keep…except for inheritance/law suits winnings can be set aside till adulthood.

- If a married couple decides that their marriage has broken down, they can do the following: 1) Informal separation -> couple decides to live apart, either long term or short term. Still legally married… 2) Legal separation -> like an informal separation, except a court approves a written separation agreement. 3) Divorce -> court order that legally ends a valid marriage, once final, they can legally remarry…• In a separation agreement, legal contract, couple: - still has legal/financial responsibilities to one another - sets out rights /duties of each spouse i.e. alimony, child custody, support, division of property, etc. - couple cannot remarry

* This is all enforceable by the court *

A) Options in facilitating a Divorce - divorce lawyer - pro se (do it yourself) divorce classes - family mediator (works w/ couple to reach agreement, then go to lawyer)

• After the divorce children still need to be taken care of… Alimony -> money paid to support an ex-wife/husband after a divorce. Covers house/personal expenses, work related costs, education expenses, etc. It’s based on need…child support is paid until child is adult or emancipated-it’s based on parents ability to pay amt. necessary to cover the child’s needs.

• Before abortions were considered illegal; today they are legal in every state, due to Roe v. Wade and Doe v. Bolton which ruled:

1) First trimester (12 wks) -> can abort w/out interference by state

2) Second trimester (13-28 wks) -> state can have regulations to make it safer, but not prohibit.

3) Third trimester (child is capable to live outside a woman’s body) state can regulate or forbid all abortions…