Chapter 2 - Parent & Child
1. a baby reaches up and "slugs" the babysitter. is the infant responsible for the tort of "battery"? why or why not. responsible for the tort of "negligence", why or why not?
Links to reference material:
torts of children - click here
2. child is at a restaurant and while playing with a "lazy suzan", spins it around, and a hot tea pot flies off and scalds another boy at the table. is the parent of the boy responsible for those injuries? what facts would make the parent responsible.
Links to reference material:
Weisbart v. Florh - click here
3. a Minor who is 17 enters into a contract or lease of an apartment. At the age of 18, the minor decides to move out, can the minor now an adult, disaffirm the contact, or does he/she owe the amount of past due rent? why or why not?
Links to reference material:
see FC 6712 - click here
4. a Minor enters into a contract to perform "professional sports" - can the employer pay the minor directly, why or why not? refer to FC 6750. is the minor required to put the money in a savings or trust account?
Links to reference material:
FC 6750 - click here
5. a 12 year old has taken some LSD given to him by a friend, he is now "freaking out", and goes to a psychiatric "outpatient clinic" for help. May that minor consent to his/her treatment, or is the parent required to consent. see FC 6924.
Links to reference material:
see FC 6924 - click here
6. a girl, age 16, marries her boyfriend, she decides to abort her unborn child, can she enter into a contract with the hospital for an "abortion" without the consent of her parents. see FC 7000, et. seq. - suppose she is 14 years old, any difference in the result?
Links to reference material:
see FC 7000 - click here
7. Jose is married to Maria in 1988, and they are living together. However, Maria, has an extramarital affair with Santos, and then becomes pregnant, and has his child. Now it is 1991, and Jose wants to use a blood test to show that he is "not the parent" - can he now? - see FC 7541. Who is the the "presumed father" of the child as a "matter of law". see FC 7540 - see also Brian C. v. Ginger K. 77 Cal. App. 4th 1198 (2000) - re constitutional due process
Links to reference material:
Brian C. v. Ginger K. - click here
8. a boyfriend agrees to have his girlfriend place his name as "father" on the birth certificate - what kind of presumption is created? see FC 7611
Links to reference material:
see FC 7611 - click here
9. Jose and Maria, have a child, Maria says that Jose is not the father (in fact he is), Maria now lives with Manuel, and he agrees in writing to pay for support of Maria and Jose's child. May the natural father Jose bring a paternity action? if not, when can he first bring the action? suppose that Maria wants to put the child up for adoption does that change the rule.
Links to reference material: click here
10. a minor child is adopted by Jose - the minor is now in need of substantial medical treatment to save his/her life, and Jose cannot afford to pay. can the minor child go back to its original father, and seek court order to have the natural father pay for medical expenses
Links to reference material:
Family Law Code - click here
11. Maria has child custody over Emily. The natural father fails to pay child support for over a year, but does send a birthday card (i.e. with no child support). Can Maria put the child up for adoption, without the consent of the absentee father? see FC 8604.
Links to reference material:
see FC 8604 - click here