• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Law case study

Extracts from this document...

Introduction

Law (Introductory and Child Care) Module (SS2011) Case Study. 0612137 Case Study The Family Richard and Johanna have been in a relationship for eight years, but have never married. They have two children, Eilidh aged 6 years and Jack aged 6 months. They live in social housing on the outskirts of Glasgow. Johanna worked part-time to help with the finances after Richard was injured at work. Tragically Johanna was killed by a hit and run driver, leaving Richard to cope on his own bringing up the children. Within this case study I will look at the various legislations that are relevant to this family, and the impact they have on the family's rights and responsibilities. I will also look at the responsibility and duties of the social work departments and the duties they have in relation to children and families. Civil and Criminal law Legislation falls heavily upon this family, and law plays a big part in their daily lives. In Richard's case after suffering a leg injury at work he could or may pursue criminal damages through the civil courts with him being the applicant, bringing the case against the defender. This case could also arise in the criminal courts if the defender is being sued for damages for the injury caused. In this case the procurator fiscal brings the case to the district court and must have sufficient evidence to prove the case beyond reasonable doubt; the court must be satisfied that the accused is guilty. A civil case must have sufficient evidence to prove a case on balance of probabilities; the court must be more than 50% satisfied. "Criminal law is concerned with crime and how the courts deal with it. Other types of law are generally described as civil law" (Law Module 1&2, RGU 2007). Two of the main differences between civil and criminal law are the different court structures and the different outcomes, however they are separate court systems but some courts will appear in both systems, most ...read more.

Middle

If this was the case then both parents would have to have had a "reasonable excuse" for their child's failure to attend school. One "reasonable excuse" which would constitute this would be a death in the family. But at the same time if the case was different not attending school then this reason alone would be looked at and some additional support can be introduced, Marriage The UN General Assembly under "Recommendation on Consent to Marriage" puts across "Recognizing that the family group should be strengthened because it is the basic unit in every society, and that men and women of full age have the right to marry and to found a family, that they are entitled to equal rights as to marriage and that marriage shall be entered into only with the free and full consent of the intending spouses, in accordance with the provisions of article 16 of the Universal Declaration of Human Rights" Both parents began to live in Scotland when Johanna fell pregnant with Eilidh, they lived as a cohabited couple but reform to the Marriage (Scotland) Act 1977, which was recently amended by the Family Law (Scotland) Act 2006 extended their rights of a cohabiting couple abolishing "Marriage by cohabitation with habit and repute" (law module 1&2, RGU 2007). As a result in Scotland Richard and Johanna meet the requirements of an irregular marriage and can be treated as a married couple by law. This has become possible even though they have never entered into a civil or religious marriage ceremony. "For this, the parties must live together and be regarded as husband and wife for a sufficient period of time" (Fabb & Guthrie, 2000, p86) Richard can apply to the court for a declarator of marriage to have his relationship established. If it was granted and established, Richard would be given the same legal rights to his children as covered by The Marriage (Scotland) ...read more.

Conclusion

Act 1995 and in particular the impact Rights and Responsibilities have on married or non - married couples. Throughout, the common theme seems to be about fathers and the lack of rights they have when it comes to their children. Law had to recognize this and so the introduction of the amended (Family Law Act 2006) addressed these issues. Richard after the death of his partner was faced with bringing up his two children on benefits as there is no indication that he was working after his accident. To legally be responsible for his children, Richard would have had to request from court a declarator of marriage, if there was no will left from his partner stating he was the father to both children or if his name did not appear on their birth certificates. In this case study, I have touched on a number of legislations which I feel are relevant to this family, especially issues written into The Children (Scotland) Act 1995. Issues also arise relating to discrimination in the case of unmarried fathers, and (The Disability Discrimination Act 1995) Social work departments within local authorities are service providers and are subject to the duties imposed to them under part 3 of (The Disability Discrimination Act 1995). Equally important is the good practice by social workers in respecting the people they are working with, their rights, and privacy and to provide help and protection to children and families. WORD COUNT 3140 MN 0612137 Reference RGU Law Module 1&2 (2007) Scottish Executive Publications. Fabb, J & Guthrie, T. (1997), Social Work Law in Scotland, (2nd Edition), Butterworth's, Edinburgh. Baillie, D, Cameron, K, Cull, L.A., Roche, J, West, J, (2003), Social Work and the Law in Scotland, Palgrave, London. The Children (Scotland) Act 1995. Social Work Act 1968. United Nations Right of the Child, last cited 7th April 2007 http://www.hri.ca/uninfo/treaties/65.shtml. Family Law Act 2006, last cited 7th April 2007 http://slcc.strath.ac.uk/scotslawcourse/hw/cohab/hwcohabstatus_MHFP.htm Adam, D. Dominelli, L. and Payne, M. (2002), Social Work Themes, Issues and Critical Debates (2nd Edition) Palgrave New York. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Commercial law discussion - 'Transfer of Title by a Non-Owner'.

    buyer in possession (section 25 of the Sale of Goods Act 1979). It is seen that this section is in a sense the reverse of s24, since it deals with the situation where possession of the goods has passed to the buyer before ownership has passed to him and permits such a buyer to transfer ownership to a sub-buyer.

  2. Understanding Young People, Law and Order

    This could prevent further crimes and protect others from becoming victims. All crimes, even less serious with no obvious victims, have a negative effect on our neighborhoods, so by reporting what you know may be helping your community. Witnesses play a vital role in helping the police solve crimes.

  1. Examine the relationship between law and morals and consider whether the law should support ...

    An example of this can be seen on drink driving laws in this country and also laws on fox hunting. A leading academic, Oliver-crona argued that law creates morality rather than morality creating law. The law has an influence on us from childhood, where morality is shaped.

  2. Unmarried fathers and their children - has the law got it right?

    a court- registered ' parental Responsibility' agreement or a court order before they can be granted full legal rights. The law in relation to unmarried fathers, in many instances appears to be quite controversial and unjust. The European Court of justice states that the relationship between parents and child clearly

  1. unit6 end of unit assignment civil litigation

    whether the relevant pre-action protocol (if any) was complied with; whether a stay is sought for settlement; about possible transfer to another court; for the parties' view of the appropriate Track for the case; for details about factual and expert witnesses and for details of any contemplated interim applications (i.e.

  2. To advise Reggie, it is necessary to look at the law of adverse possession. ...

    He will hold the one fourth share which he bought from Arnie as a tenant in common, and, together with Carmen, he will hold the remaining two fourth share as a joint tenant while Bruiser will also hold one fourth of the share as tenancy in common and Arnie has none.

  1. The Land Registration Act 2002 heralds major changes to the law and procedures regarding ...

    and Markfield Investment Ltd v Evans7 are among the cases which visualize how the squatters can easily declared as the owner of the owned land by only established the prerequisite of 12 years occupation on the land when the case was brought before the court.

  2. The Nature of Law in Society

    Moral laws are also grounded in Natural law. Aquinas believed human beings were created by God and that each one of us has a particular purpose that we are potentially capable of achieving. He also taught that morality is not primarily based on commands from God but on reason, which

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work