UNIT 4 LAW

Question 1

List 6 essential requirements for a valid marriage

Answer 1

Mental capacity,
Valid consent,
Minimum age or parental consent,
Absence of a prohibited relationship
Termination of prior marriages
Sexual capacity

Question 2

Identify the parties involved in a divorce proceedings and outline their roles:

Answer 2

Petitioner: The person who is seeking the divorce.
Respondant: The person being sued for the divorce
Even if both parties are in an agreement for a divorce, these roles must be outlined for the divorce to go through.

Question 3

List the factors a judge will consider when deciding each specific youth sentence:

Answer 3

The extent to which the youth participated in the offence
The Harm done to the victim and the community
Any reperations that the youth made to the victim
The amount of time the youth had already spent in detention
Other crimes the youth had committed
The contents of the vicitms impact statement
The judge will also examine the pre - sentence report. This report is usually written by a youths probation officer to provide the judge with background information about the offender.

Question 4

What does the plaintiff need to prove for medical negligence:

Answer 4

That the procedure was done without written consent
That a different procedure was done on the plaintiff than originally said
The doctor said that the procedure would work and the information was false
Not listing all the medical side effects when proceeding with the a procedure or medication

Question 5

State and briefly explain any 4 goals of sentencing in our Criminal Justice System:

Answer 5

1. Deterrence: A punishment to try and help criminals from re - offending to the best of their ability

2.Rehabilitation: Mixture of punishment and treatment, so that the offender can function in society, but still pay for their crime.

3. Restitution: This is a punishment which makes offenders pay back society for losses or harm it suffered due to their crimes.
4. Denunciation: This punishment is designed to send a message that the offender violates society’s basic code of values and will suffer the consequences.

Question 6

Distinguish between Duty of Care and Standard of Care:

Answer 6

Duty of care: The obligation to foresee and avoid careless actions that might cause harm to others.
Standard of Care: The degree of caution or level of conduct expected of a reasonable person.

Question 7

Describe the 5 alternative sentencing options open to the court
Incarceration: Which is used for the safety of the public when the accused poses a threat to society

Answer 7

Fines: Are used for less serious crimes. Summary convictions cannot be charged more than $200 or 6 months in prison and for indictable offenses, offenders can serve up to 2 years in prison.

Probation: Is for cases where the accused has the opportunity to serve their sentence in the community with a probation officer. Probation can be up to 3 years, and as a part of a suspended sentence.

Suspended sentence: Is a withheld privilege for a specified period of time, nad is used when a less strong deterrent is needed

Absolute or conditional Discharge: Is when the court finds a reversal in the court charges so the convicted won’t be deemed of the offense.
Absolute: Released after a year
Conditional: Released after 3 years if certain conditions are met.