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1
Q

whats The age requirement for testamentary Capacity in Scotland

A

-A Person 12 or older has testamentary capacity to make a will

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2
Q

What is required for a person under 16 to consent to medical treatment

A

can consent if they understand the nature and consequences of the procedure

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3
Q

What can a person under 21 Years or older regarding instructing a solicitor

A

-Can apply to the court if they entered a transaction when they were 16/17 if it was prejudicial

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3
Q

Whats the understanding for a person under 12 or older instructing a solicitor

A

-Presumed to understand what is meant to instruct a solicitor in civil matters

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4
Q

Age of criminal Responsibility

A

12

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5
Q

Court ruling on Wrongful pregnancy and Birth claims

A

-Dont get damages for the cost of raising the child after failed sterilisation
-Benefits of raising the child outweight the financial burdej

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6
Q

Circumstances may damages be awarded for raising a disabled child

A

Awards additional costs of raising a disabled child born due to failed sterilisation

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7
Q

Whats the age of legal capacity

A

-Anyone under 16 has no legal capacity to enter into any transaction
-Anyone over 16 has legal capacity

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8
Q

Explain Nasciturus principle

A

-A child who is born alive can have rights related to events that occurred before their birth provided they are born alive

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9
Q

Example of Nasciturus principle applies to succession

A

A child who is born alive after their p[arents death can inherit their state

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10
Q

Parental order in the context of surrogacy

A

-Intended parents can apply for a parental order under the human feritilisation adn Embryology act 2008

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10
Q

Legal stance on Ante-natal injury claims

A

A child can recover damages for injuries sustained before birth,including those caused by a third party,but it is unclear how this applies to injuries caused by the mother

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10
Q

How does a natural person acquire legal personality

A

-A natural person acquires legal personality upon birth

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11
Q

Define legal personality and Legal capacity

A

-Legal personality is the statue of being recognised as a person under the law
-Legal capacity is the ability to exercise legal rights and duties

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12
Q

Whats the legal parentage status in surrogacy arrangements

A

-The surrogate is the legal mother,and the surrogates hsband or civil partner is the legal father

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13
Q

Types of marriages in Scotland

A

Types of MArriage in Scotland include Regular marriage(civil or religious,same sex or opposite sex

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13
Q

What future Reforms has been proposed regarding legal parentage in surrogacy

A

The scottish law comission has proposed that intended parents become the legal parents at birth

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14
Q

Who can apply for adoption

A

-Applications can be made by a relevant couple or an individual

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15
Q

Whats required for consent in the adoption process

A

-consent from the child 12 or older and birth parents with parental responsibilities and rights and unless the court dispenses with consent

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16
Q

-Instances where consent is dispensed in adoption cases

A

-parents being dead,cant be found incapable of consent unable to discahrge their PRS or if the child welfare required it

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17
Q

What is surrogacy

A

-Surrogacy involves a couple carrying a pregnancy with the intention or raising the child

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18
Q

Commerical Surrogacy

A

illegal

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19
Q

Can a adoption order be revoked

A

No

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19
Q

Whats the paramount consideration of a childs welfare in a adoption order

A

The childs welfare

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20
What type of order can a childrens hearing make
A childrens hearing can make a compulsory supervision order with measures attached,discharge the ground,make an interim order,order a medical examination,or issue a warrant to secure attendance
20
Act for adoption
Adoption is governed by the adotion and children(Scotland) act 2007
20
Legal considerations for a child to be adopted
The Child must be under 18 and not have been married or in a civil partnership
21
Adoption in legal context of intervention
-Destroys legal parent child relationship with birth parents and creating a new one with adoptive parents
21
What is the significance of the welfare principle in court decisions regarding children
-The welfare principle emphasises that the child welfare is paramount in all court decisions regarding parental responsibilities and rights
22
How can PPRs be applied for
-Section 11 of the 1995 act by a person with PRRS,a person with an interest in the child or a legal person with an interest in a specific outcome
23
Describe the welfare principle
The welfare primciple states that the childs welfare is paramount,while the minimum intervention principle dictates that an order will only be made if it is better for the child than not making an order.The child will also be given an opportunity to express their views
24
How does the childrens hearing system approach a child who commits offences
As children in need and protection rather than focusing on punitive measures
25
List some grounds for childrens hearing(SCotland) 2011 intervention
-abuse,child abuse,substance missue,being boyond parent control and truancy
26
How long do PRRS last for a child
PRRs end when the child turns 16,except for providing advice and guidance,which continues until the child turns 18
27
Explain the conditions where teh father has PRRS
-Father has PRRS if he is married or in a civil partnership with the mother any time after conception and is registered on the birth certificate, and enters into a section 4 with the mother or applies to the court
28
Role of guardian in PRRS
A child guardian,appointed by a parent in the event of their death.Therefore gets PRRS
29
Conditions to be meet for a man to be traeted as the father if the woman is not married or in CP
Agreed fatherhood conditions must be met and the couple must not be in forbidden decrees of realtionsjip
29
What conditions allow married woman to be treated as a second parent if the woman is nor married or in CP
Another woman can be treated as the second conditions if certain conditions are met similar to those for the parent
30
What is required for DNA testing to establish parentage
Consent is required from the child(if they have capacity).Someone with PRRS or the court
30
Can a court compel a DNA test
-No the court can only request
30
What inference can be made if DNA testing is refused
-The absolute adverse can be drawn
31
What does the human fertilisation and Embryology act 2008 address
sets out rules for establishing legal parentage
32
Significance of UNCRC(Scotland) Act 2024
Allows public bodies a duty to implement childrens rights and allows UNCRC rights to be challenged in courts -Allows children to raise legal proceedings
33
Legal status of the woman who gives birth to a child
The woman who gives birth to a child is the childs legal mother regardless of biological connection
34
Presumptions about Fatherhood in law
A man is presumed to be the father of the child if he was married to or in a CP ,with the mother at any time between conception and birth and has been registered on the birth certificate
35
How can presumptions of fatherhood be rebutted
Presumptions of fatherhood can be rebutted by a declartor or parentage or non-Parentage
36
What presumptions were available to cohabititants against domestic violence before 2006
Cohabitatants had protection against violence under the law prior to the family law scotland act 2006
37
How does the legal definition of cohabitation accommodate same-sex couples
Later definitions of cohabitation included same-sex couple and use dphrases like "living together as if husband and wife" or CP
38
Whats the case associated with for Cohabitation
Gutcher v Butcher for clarigiying what consitutes as living together
39
Relevance in Cohabitation of funds in property contribution
Doesnt matter in the eyes of the law as the source is irrelevant
40
Define Cohabitation in the context of Scottish law
Cohabitatnts is a question of fact and required "living together".Earlier definitions included sharing bed and board
41
Marriage and Civil Partnership ACt 2014 about Cohabitations
states living together as if married to each other
42
Significance in Gow V Grant
it establishes fairness as the primary goal in deciding financial provisions for cohabitants involving a comparison of the pursuers position at the beginning and ending of the relationship
43
Explain the "gay cake" case and its implications
lee v Arthur highlights the tension between anti discrimination law and freedom of religion and belief In the context of this case the supreme court ruled in favour of the baker who refused to bake a cake
44
Impediments to marriage
-Forbidden decrees of relationship,underage lack of consent
44
What are the six stages of marriage
-Notice of intention -public display of the marriage in the notice book -Opportunity for objections ,-ssue of marriage schedule -ceremony with witnesses and authorised celebrant and registration CP follow same
44
What does the Divorce(scotland) Act 1976 lay out
Irretrievable breakdown and Interim gender recognition certificate -Adultery,unreasonable behaviour on year of non-cohabitation with consent or two years non cohabitation
45
What does the Adult Incapacity(Scotland) act 2000 Outline
-Grants the ability to grant power of attorney -A solicitor needs to facilitate the power of attorney and have it written up
46
What can welfare power of Attorney may NOT do ?
-withdraw an authorisation, on behalf of the granter, by virtue of section 6A(1) of that Act; (db)make, on behalf of the granter, an opt-out declaration by virtue of section 6B(1) of that Act; (dc)withdraw an opt-out declaration, on behalf of the granter, by virtue of section 6C(1) of that Act;] or (e)make, on behalf of the granter, a nomination under section 30(1) of that Act
47
Marriage Notice Information
-The marriage notice is accompanied by the prescribed fee and the birth certificate of the party submitting it. -If either party has been married before and the marriage has been dissolved, a copy of the decree of divorce or declarator of nullity must be included. -Similarly, if either party is a person who had been married before and that marriage ended on the death of the previous spouse, the death certificate of the former spouse must be submitted. 2
48
Who is an authorised celebrant
A minister, clergyman, pastor, priest or other celebrant of a religious or belief body prescribed in regulations made by Scottish Ministers
49
A question on PRRS to appear,what provisions would you look at
Children (Scotland) Act 1995, Part I Age of Legal Capacity (Scotland) Act 1991 ss1,2
50

Law of persons (2 decks)

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