Scottish Family Law Flashcards
When does a child come into existence? What are they beforehand?
Birth, and a foetus (not a person yet).
What does the Abortion Act 1967 define abortion as? Can you murder an unborn baby?
Destruction of a foetus. No, because they are not a person yet. Only after birth.
What did Vo v France 2005 determine regarding abortion?
Abortion is not murder and does not violate Article 2 ECHR right to life.
Which act and section states the age of legal capacity and what is it?
Age of Legal Capacity (Scotland) Act 1991 s 1(1), under 16 no capacity, of or over 16 full legal capacity.
Which section of the Age of Legal Capacity (Scotland) Act 1991 details exceptions to the age of legal capacity?
section 2
Name the exceptions to no legal capacity under 16 with the corresponding sections
S.2(1) Capacity if transaction one commonly entered at his age and reasonable.
S.2(2) 12 year olds have testamentary capacity.
S.2(3) 12 year olds have capacity to consent to own adoption.
S.2(4) under 16 has capacity to consent to own medical surgical or dental procedure and where capable of understanding nature and consequences of treatment.
S.2(4a) under 16 can instruct solicitor in civil matter where general understanding of its significance. Presumption of understanding at 12 years.
S.2(5) transaction by under 16 is void.
Which section of the Age of Legal Capacity (Scotland) Act 1991 details ‘setting aside’ a ‘prejudicial transaction’
section 3.
What are the conditions in section 3 Age of Legal Capacity (Scotland) Act 1991 regarding setting aside prejudicial transactions?
Must make application under age of 21, to set aside transaction entered into between 16 and below 18.
(a) an adult, exercising reasonable prudence, would not have entered into in the circumstances of the applicant at time of entering into transaction, and
(b) has caused or is likely to cause substantial prejudice to the applicant
