Unit 3 – Civil Law (Family and Employment)

Question 1

What does family law deal with

Answer 1

Legal disputes among families, married couples, etc.

Question 2

Formal definition of marriage

Answer 2

The lawful union of two persons to the exclusion of all others.

Question 3

Requirements for a marriage

Answer 3

• Mental Capacity – Ability to understand responsibilities of marriage contract at time of wedding
• Freedom of Consent – Both partners enter into marriage on own free will.
• Age of Consent – In Ontario, one must be at least 16 years of age to get married. If under 18, parent consent is needed.
• Absence of a Prohibited Relationship – Cannot be closely related to partner by blood.
• Prior Marriages – Can be married to only one spouse at a time.
• Sexual Capacity – Ability to consummate the marriage
  ALSO
• Marriage License – must buy one
• Marriage Ceremony – must be witnessed by at least two people over 18, and must be officiated with an authorized person like a priest or justice of the peace

Question 4

Ending a marriage

Answer 4

Separation Agreement

• The terms and conditions of a couple’s separation, sets out who gets what, when etc.

Divorce

• Legally ending a marriage–one spouse files application for divorce with reason (no toxic relationship). Outcome decided by judge

Question 5

Diff. between annulment, divorce, separation

Answer 5

• Divorce ends valid marriage
• Annulment ends invalid marriage
• Separation is when one or both members decide their relationship is over; divorce or annulment usually follows.

Question 6

Adoption

Answer 6

• Couple or single person becomes legal parent(s) of child
• Infants have 14 days to give their consent, 30 to change their mind
• Older children must give consent
• Parents assume full responsibility once completed

Question 7

What is employment law

Answer 7

• Labor laws that define the rights and responsibilities of employees and employers
• Rules and guidelines to follow in the workplace
• Connected to OHRC

Question 8

ESA

Answer 8

• Employment standards act
• Rights and responsibilities of employees and employers in Ontario workplaces

Question 9

OHSA

Answer 9

• Rights and duties of all parties in the workplace
• Establishes procedures for dealing with workplace hazards
• Ensures enforcement of the labour law(s)

Question 10

OHRC

Answer 10

• Ontario Human Rights Code
• Equality rights, prohibits discrimination or harassment based on immutable factors