Intro To Civil And Family Law Quiz Flashcards
What is cause of action
A cause of action is a valid reason for suing.
What is examination for discovery?
The examination for discovery is a question and answer session for the litigants and their lawyers.
What is a plaintif?
The party suing. The victim.
What is the dif between civil and criminal court?
Civil court has 6 jurors, while criminal has 12 jurors. In civil court the plaintiff must prove that the defendant caused harm or or is at fault. In criminal the crown must prove guilt beyond reasonably doubt.
What are the essential requirement for marriage?
-Capacity) must have mental capacity
-Minimum age) must be old enough to marry
-close relationship) must not be related
-Genuine Consent) Must be valid consent to marry
-No prior marriage) must not be already married
-Sexual capacity) must be physically able to have sex
What are the formal requirements for marriage?
-must obtain a marriage license
-Marriage ceremony that is preformed by legal authority
-Must be of minimum age to marry
18 without parent consent or 16 with
What is a annulment?
Annulment Is a court order stating that two spouses were never legally married.
What is divorce?
Divorce is a legal procedure that ends a valid marriage.
What is breakdown of marriage?
Breakdown of marriage is when a couple wants to divorce, but nobody is at fault or to blame.
What is joint physical custody and joint legal custody?
Joint physical custody is when the children spend equal time both parents, and both both parents make big decisions.
Joint legal custody is when a child stays with one parent, but both parents have rights over big decision making.
What is most important during custody?
The children’s best interest, and what’s best for the kids sake.
What is the purpose of civil law?
The purpose of civil law is to compensate victims for damages done.
What are the 5 branches of civil law?
Property law: anything that has a cash value control all aspects of property
Family: deals with relationships between spouses and children’s ms parents
Contract: outlines the requirements for legally binding agreements
Tort: deals with wrongs, besides breach of contract
Labour: governs the relationship between employee and employer
What are the 3 adrs?
ADR stands for alternative dispute resolution. The three types are:
Negotiation: Talking between the two parties with no third party
Mediation: a third party is brought in to help them al mutually reach a agreement
Arbitration: the two parties talk to the arbitrator and then the arbitrator makes a decision
What are the 3 acceptable abilities to divorce?
Separation: couple must be separated for a year or prove separation
Cruelty: physical and mental cruelty are both acceptable for divorce
Adultery: adultery is cheating on them, it is acceptable for divorce
