Unit 3

Question 1

Essential Requirements of Marriage

Answer 1

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

Question 2

Consanguinity

Answer 2

related by blood

Question 3

Affinity

Answer 3

related by marriage

Question 4

Manogamy

Answer 4

having only 1 spouse

Question 5

Bigamy

Answer 5

marrying one person while still being legally married to another

Question 6

Polygamy

Answer 6

having more than one spouse

Question 7

Formal Requirements of Marriage

Answer 7

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

Question 8

Prenuptial Agreement

Answer 8

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.

Question 9

Petitioner

Answer 9

the person who begins divorce proceedings

Question 10

Respondent

Answer 10

the spouse whom the divorce is filed against

Question 11

Annulment

Answer 11

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.

Question 12

Reasons For Divorce

Answer 12

In Canada the official reason for divorce is Marriage Breakdown

Question 13

Overtime

Answer 13

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.

Question 14

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

Answer 14

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.

Question 15

Sexual Harassment

Answer 15

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

Question 16

Being Fired For Just Cause

Answer 16

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.

Question 17

Renting an Apartment

Question 18

Landlords Responsibilities

Answer 18

-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

Question 19

Tenants Responsibilities

Answer 19

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

Question 20

Subletting

Answer 20

A tenant can sublet or assign their apartment to someone else

Question 21

Moving Out

Answer 21

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.

Question 22

What is a Tort

Answer 22

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

Question 23

Small Claims Court

Answer 23

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

Question 24

Three Areas of Tort Law

Answer 24

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.

Question 25

General Damages

Answer 25

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

Question 26

Punitive/Aggravated Damages

Answer 26

are designed to punish the defendant

Question 27

Special Damages

Answer 27

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

Question 28

Examination of the debtor

Answer 28

income, assets are examined, instalment payments are then arranged

Question 29

Garnishment

Answer 29

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

Question 30

Defamation of Character

Answer 30

unjustified or untrue attack on a persons reputation

Question 31

Slander

Answer 31

Defamation through spoken words, physical gestures and facial expressions

Question 32

Libel

Answer 32

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

Question 33

Contract

Answer 33

an agreement enforceable by law

Question 34

Two Types of Contracts

Answer 34

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

Question 35

Five Elements to a Contract

Answer 35

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

Question 36

Offer and Acceptance

Answer 36

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

Question 37

Consideration

Answer 37

-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.

Question 38

Genuine Consent

Answer 38

legal capacity to make binding contracts

Question 39

3 Conditions which may prevent the contract from binding

Answer 39

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.

Question 40

Legal Capacity

Answer 40

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

Question 41

Illegal Contracts

Answer 41

- 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.