Civil/family Law Quiz Flashcards
What is cause of action?
Valid reason for suing
What is examination for discovery?
Question and answer session for litigant and their lawyers
What is a plaintiff?
The one who is suing in the case
Difference between civil court and criminal court
Criminal you have to prove beyond a reasonable doubt they are guilty and civil you prove the case on the balance of probabilities
Essential requirements for marriage
Capacity, minimum age, close relationship, genuine consent, no prior marriages, sexual capacity
Formal requirements for marriage
Marriage license,marriage ceremony,2 witnesses
Annulment
A court stating two spouses were never legally married
What is divorce?
legal procedure that ends a valid marriage
What is breakdown of marriage?
Spouses separate for over a year, one has committed adultery, and impossible to live with. The act causing a divorce.
What is joint physical custody?
Children spend equal time with both parents
What is joint legal custody?
Remain with one parent while the other has generous access 
Most important thing for custody
What is best for the children?
What is the purpose of civil law
Regulates dispotes between individuals, business or government. Main point is to compensate victims. 
Five branches of civil law
Family law – relationships between people living together, parents spouses children
Contract law – outlines the requirements for legally binding agreements. Rights and responsibilities for parties involved.
Tort law – deals with wrongs other than a breach of contract that one commits against another
Property law that has cash value, sets legal rules for use of property
Labour law – governs relationship between employers and employees
Three ADR’s
Negotiation – informal process between parties must reach acceptable decision mutually
Mediation third-party comes and helps reach mutually solution
Arbitration both parties have no control over decision-making, they present present evidence and arbitration makes decision
