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Law 30 > Unit 3 > Flashcards

Unit 3 Flashcards

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1
Q

Essential Requirements of Marriage

A
  1. Capacity- You must have the mental capacity to marry. No person who lacks mental capacity by reason of illness, drugs or alcohol can legally marry.
  2. Age- the age may vary from province to province but in saskatchewan you must be 18 years or 16-17 with parental consent
  3. Close Relations- a marriage is not valid between people who are too closely related by consanguinity or affinity.
  4. Consent- the marrying couple must voluntarily consent to the marriage.
  5. In Canada, a person must be single, widowed, or legally divorced before being able to marry
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2
Q

Consanguinity

A

related by blood

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3
Q

Affinity

A

related by marriage

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4
Q

Manogamy

A

having only 1 spouse

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5
Q

Bigamy

A

marrying one person while still being legally married to another

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6
Q

Polygamy

A

having more than one spouse

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7
Q

Formal Requirements of Marriage

A
  1. Marriage License- a valid license must be purchased.
  2. Marriage Ceremony- a ceremony must be held by someone with the legal authority to conduct marriages ( priest, minister, rabbi, judge, marriage commissioner)
  3. Age- In Sask. you may marry at 18 or 16-17 with parental consent
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8
Q

Prenuptial Agreement

A

A legal agreement between two marrying people that…
-Sets out each party’s assets, debts, and property before marriage
-Settles issues surrounding division of property and support payments in the events of a divorce.

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9
Q

Petitioner

A

the person who begins divorce proceedings

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10
Q

Respondent

A

the spouse whom the divorce is filed against

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11
Q

Annulment

A
  1. Legal Annulment- A court order that states the two were never legally married. Annulments are granted when there is a fault in one of the essential requirements of marriage.
  2. Religious Annulment- The Roman Catholic Church, Hewish and Islamic faiths also give religious annulments which allow people to remarry within the religious faith.
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12
Q

Reasons For Divorce

A

In Canada the official reason for divorce is Marriage Breakdown

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13
Q

Overtime

A

Any worker who puts in more than 8 hours a day or 40 hours a week is eligible for overtime. Overtime is paid at a rate of one and a half times the regular wage.

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14
Q

Applying for a job & Questions that Can’t be Asked

A

Employers can’t ask questions which are designed to figure out if a person belongs to a particular protected class. Ex asking questions to find out if a person is married, Christian, or of native ancestry.

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15
Q

Sexual Harassment

A

Sexual harassment is a type of discrimination. It is offensive conduct of a sexual nature that affects an employees work environment. It can take forms such as…
-unwelcome sexual remarks
-“jokes” about sex
-threats and requests for sex
-leering at a persons body
-physical contact such as touching, patting, or brushing against another person

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16
Q

Being Fired For Just Cause

A

An employer can fire a worker without notice for “just cause”. Just cause includes theft, incompetence, or regularily being late or absent without good reason.

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17
Q

Renting an Apartment

A
18
Q

Landlords Responsibilities

A

-keep apt. in safe good condition
-necessities of life (hot/cold water, and heat/power if included in rent) -
-make repairs with in 48 hours
-Must give at least 24 hours notice before entering apt unless an emergency

19
Q

Tenants Responsibilities

A

-Keep apt. clean and in good repair
-No illegal actives
-Pay rent on time
-Do not disturb other tenants

20
Q

Subletting

A

A tenant can sublet or assign their apartment to someone else

21
Q

Moving Out

A

When a tenant wants to move out, they must tell the landlord in advance. If the rent is paid each month, notice to leave must be given on the day before the last month’s rent is due.

22
Q

What is a Tort

A

A tort is simply a legal wrong. Tort law does not punish the person who is responsible, but determines who is at fault and compensates the victim

23
Q

Small Claims Court

A

Informal Trials- both sides tell their stories to the judge (no jury)
Usually there are no lawyers in small claims court
In Sask the max claim is $30 000

24
Q

Three Areas of Tort Law

A
  1. Negligence- occurs when someone acts carelessly or fails to act at all resulting in injury or loss to another person
  2. Intentional Wrongs- when harm is deliberately caused, an intentional tort has been committed. ex if u punch a person in the face without warning
  3. Strict Liability- a person may be held responsible even though they did not act negligently or intentionally.
25
Q

General Damages

A

Damages that are not easily calculated
- Loss of income or future earnings
- Pain and suffering
- For loss of enjoyment of life

26
Q

Punitive/Aggravated Damages

A

are designed to punish the defendant

27
Q

Special Damages

A

out of pocket expenses, medical bills, rehabilitation costs etc.

28
Q

Examination of the debtor

A

income, assets are examined, instalment payments are then arranged

29
Q

Garnishment

A

a court order to have 20%-30% of wages taken until debt is paid

30
Q

Defamation of Character

A

unjustified or untrue attack on a persons reputation

31
Q

Slander

A

Defamation through spoken words, physical gestures and facial expressions

32
Q

Libel

A

Defamation in a more permanent form. Such as on the radio, newspaper, tv, facebook, snapchat, insta, etc.

33
Q

Contract

A

an agreement enforceable by law

34
Q

Two Types of Contracts

A
  1. Specialty Contracts- written, very formal contracts, often witnessed. ex car loan at a bank
  2. Simple Contracts- may be written, verbal, or implied
35
Q

Five Elements to a Contract

A
  1. Offer and Acceptance
  2. Consideration
  3. Genuine Consent
  4. Legal Capacity
  5. Illegal Contracts
36
Q

Offer and Acceptance

A

When a person requests something or initiates an exchange that begins a contract.

37
Q

Consideration

A

-It must be something of value or measurable in financial terms.
hos
- Love, friendship and gratitude are not measured financially so they are not valid consideration.
- Consideration does not have to be adequate.

38
Q

Genuine Consent

A

legal capacity to make binding contracts

39
Q

3 Conditions which may prevent the contract from binding

A
  1. Misrepresentation - ranges from the seller was unaware of the defect to the seller fraudulently hides the defect from buyer.
    > In this situation the contract can be revoked, and the buyer may sue.
  2. Duress - for a contract to be enforceable it must be entered into freely by both parties. Forcing a person into a contract will make it void
  3. Undue Influence - Mental or emotional influence which does not allow a person free will.
    • Minors can enter into contracts for the necessities of life.
    Such as employment, housing, food, clothing, and education)
    > Insane or Intoxicated
    A Contract is void if the condition made the person incapable of understanding the contract or if the other party knew and exploited the condition.
40
Q

Legal Capacity

A

refers to the ability to enter into contracts
Three groups have restricted legal capacity
a) minors
b) insane
c) intoxicated

41
Q

Illegal Contracts

A
  • a contract is not enforceable if it contrary to
    established law.
  • A contract to commit an illegal act is void
    EX A person hires you to murder someone for $700. If you do not commit the murder the person has no legal way to get the money back.

Law 30 (5 decks)

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