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University Degree: Family Law

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  • Marked by Teachers essays 1
  1. Birth control has become a booming topic of debate in the United States due to the decreasing age at which children are having sex for the first time and how schools are choosing to deal with it, the added pressure that is being placed on young children

    No matter how innocent some people want to believe middle school children are, the truth is those girls and boys, aged eleven, twelve, thirteen, and fourteen years old are hooking up, performing oral sex, having intercourse, etc. Not everyone is, but his or her friends or classmates may be. "One [youth in eight] is sexually experienced, having engaged in intercourse, oral sex or both before the age of 14," the Journal of Adolescent Health reported in 2006 with "nine percent reported ever having sexual intercourse ...

    • Word count: 1479
  2. The law should promote financial equality in ancillary proceedings following divorce

    In the case of White v White, the couple had roughly �4.5 million worth of assets after ending their 33 years marriage. The trial judge awarded the wife �800, 000, assessed as meeting the wife's reasonable needs for the rest of her life. The wife appealed against the earlier judgement to the Court of Appeal and later to the House of Lords. Lord Nicholls, in this case, made it clear that the equality principle is to be regarded as a yardstick and not as a presumption.

    • Word count: 1732
  3. Case Study on Canadian Foundation For Children, Youth and the Law v. Canada

    Reliance was also placed upon Canada's obligations under the U.N. Convention on the Rights of the Child. A coalition of groups filed an application to intervene in the matter, in support of the Foundations application at the Ontario Superior Court. The Canadian Teachers' Federation was granted intervenor status as a party in order to file evidence, with respect to the effect of Section 43 on teachers. They opposed the repeal of Section 43, although their stated policy position is that teachers should not use corporal punishment on students. d. Issues 1.

    • Word count: 1616
  4. Discuss and explain: a) How same-sex relationships have come to be increasingly recognised under English law; and b) Whether, in your view, the position is now satisfactory.

    Secondly, the law grants same-sex couples an increasing set of rights. Thirdly, a status equivalent to marriage, but different from it, is granted to same-sex couples. Finally same-sex couples are allowed to marry. UK law has reached the third stage and there is great debate as to whether same-sex marriage should ever be permitted in the UK. The classic definition of marriage in English law was coined by Lord Penzance in Hyde v Hyde3: "I conceive that marriage, as understood in Christendom, may . . . be defined as the voluntary union for life of one man and one woman to the exclusion of all others."

    • Word count: 1707
  5. family law nulity

    in this instance the marriage would be lawful5. Also polygamous marriages entered into outside of England and Wales if either party was domiciled in England or Wales at the time. A voidable marriage also has to meet certain criteria and this is set out in section 12 of the MCA. The grounds for voidable marriage are clear and include the non consummation due to incapacity ( Petitt v Pettit)6 by either party or indeed wilful refusal by either party to consummate(Horton v Horton)7.

    • Word count: 1083
  6. definition of family

    This gives the courts a wider discretion in defining what amounts to a family in light of changing social trends and attitudes. However, this approach is not without flaws. The main problem would be to answer the question of: "what should the functions of a family be?" This would mean that the functions of the idealized family would be adopted and again, this is rigid. Nevertheless, it is still more flexible than the idealized definition or the formalist definition as the function based approach permits other family forms to be included within the definition.

    • Word count: 1248
  7. How far are concepts of the separation of powers and the Rule of law, demonstrated or challenged by recent decisions of the courts since 1990?

    This concept together with Rule of Law and sovereignty parliamentary is embedded throughout the British constitution. Separation of powers has contributed an important role in the constitution as it has distinguished which powers can be allocated and separated amongst the three essential organs that exist in any society. Montesquieu is credited with formulating the doctrine of separation of powers in the 18th century. These elements are the executive, the legislative and the judiciary. The executive is the branch which formulates policy, enabling to administer the law. The legislature is the law making arm of the state and the judiciary apply the law.

    • Word count: 1875
  8. Establishing linkage between his, ade, leu and lys genes in Saccharomyces cervisiae through random spore analysis

    Those on the same chromosome would be considered linked because of the fact that inheritance occurs through genetic crosses. Independent assortment deals with the issue of combinations of chromosomes during meiosis, which will be referred to as recombination throughout this report. The aim of this experiment is to figure out whether the Saccharomyces cerevisiae genes his, ade, leu and lys are linked, or if they are on different chromosomes. We can figure this out by calculating the percentage or recombinants versus the percentage of parentals and performing the chi-squared test with the tabulated the results. With this knowledge in hand, a method of genetic mapping, where linked genes were placed in a linear fashion along a chromosome according to their recombination frequency.

    • Word count: 1802
  9. How to Make Lemonade When Life Gives You Lemons - Single Parenting

    Most single-parent children live in metropolitan areas (14.5 million), and six in 10 of them (9.2 million) are in cities with populations of 1 million or more.(5) The challenges faced by the single parent vary according to their circumstances (see resource #4), but there are also common experiences that are shared by most single parent families. How Single Parenting Differs from Dual Parenting Single parenting differs from dual parenting in many ways, but the most common difference is the way in which the parent interacts with the child.

    • Word count: 1961
  10. Same sex marriages

    due to the genders of the partners, and that same-sex marriages will be treated no differently then heterosexual marriages by the state and federal governments. Our contentions are that the denial of same sex marriage is unconstitutional, same-sex marriages will be beneficial for both the federal and state economies, and same-sex marriages will advance the well-being and welfare of homosexuals in the United States. 1. The denial of same-sex marriage is unconstitutional * the Constitution promises liberty and justice to all Americans, not just the majority.

    • Word count: 1087
  11. Throughout the 20th century, there was a steady rise in the divorce rates in modern industrial societies. Due to this, concern about the consequences divorce has on children has increased.

    (78% - Yes, 22%-No); Malta remains one of the few secular democracies which doesn't have this legislation. Divorce is the scourge of society according to many Roman Catholics and the Catholic hierarchy, which still holds a very central role in Maltese and Gozitan societies. Mr. Charles Buttigieg, a spokesman for the Curia remained firm to the Biblical stand that the Creator had willed that marriage be insoluble. Mr Buttigieg said: "Furthermore, the church insists that, while preserving the special character and the legal position of the family, there should be adequate protection also by means of a proper legislation, for those who are suffering through no fault of their own, as well as for children".

    • Word count: 1163
  12. Explain and assess the role of mediation in the legal resolution of family breakdown

    Further to this, a small percentage of cases are settled in the courts, but this is a 'safety net'. The courts are the 'ultimate jurisdiction' if couples are unwilling or unable to take this responsibility4. Often, if mediation breaks down, the case will pass to a solicitor, social services or a marital counsellor5. It is also possible to negotiate the path of divorce procedure with using neither mediation nor lawyers, but this rarely occurs. Arguments for and against It is suggested that expert help may allow the parties to a marriage to resolve issues of finance and child custody without causing more than minimum anxiety to themselves and their children6.

    • Word count: 1915
  13. Mediation in disputes

    It is the mediator's job to establish the common ground between the two parties, looking at each of their needs, and to act as a neutral channel of communication between them. Since the parties to the action appoint the mediator, they stay in control of the proceedings throughout the case. The crucial difference between mediation and going to court or arbitration (where parties appoint a professional person to hear their arguments and make a decision) is that the outcome is not imposed on the parties.

    • Word count: 1025
  14. Intellectual property disputes

    At first glance, this rule appears to be in complete accordance with the needs of intellectual property litigants. Disputes involving patents and copyrights, for example, require expedient resolution as the matters in dispute may become obsolete before a litigant receives the trial judgment. This paramount concern of efficient resolution of intellectual property disputes is derived from the rapidly changing technological environment in which these conflicts often arise. Due to the unique sensitivities involved in intellectual property litigation, it is truly a class of dispute which embodies the old adage of "justice delayed is justice denied"2.

    • Word count: 1240
  15. Family Law Act 1996 and Family Mediation

    The principles, which are self-explanatory, are as follows: (a) That the institution of marriage is to be supported; (b) That the parties to a marriage, which may have broken down are to be encouraged to take all practical steps, whether by marriage counselling or otherwise, to save the marriage; (c) That a marriage, which has irretrievably broken down and is being brought to an end should be brought to an end: a. With minimum distress to the parties and to the children affected; b.

    • Word count: 1779
  16. Family Law Supervision

    Advise Keith on the basis that: (a) Keith and Janet are married and Janet has instituted divorce proceedings; (b) Keith and Janet are not married. Firstly, on the basis that Janet and Keith are married, both parents will have parental responsibility if they were married at the time of the birth. In the Children Act 1989 s.3 (1) parental responsibility is: "...all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property." Thus, because actions such as changing a child's name and removing the child from the UK require the consent of all persons with parental responsibility, Keith may be able to stop Janet from taking these actions.

    • Word count: 1446
  17. Gay Marriages

    The number of gay organizations in US increased from 50 in 1969 to 800 in 1973 (Chapman 12). "No civilization has ever called the homosexual relationship a marriage because, indeed, it is not marriage. Although customs have differed, all cultures and major religions throughout the ages defined and honored marriage as the union of the two sexes to form families. Same-sex marriage is a natural extension of changes that have been happening in marriage since 1850," (Price 1). Advocates of same-sex marriage made no efforts before the 1990's. A few couples brought suits, but courts rejected their constitutional claims (Colin 314).

    • Word count: 1794
  18. What, if anything, makes a marriage contract unlike all other contracts?

    A contract however, is a promise that the law will enforce. It can be defined as an exchange of promises between two parties, in order to perform or refrain from actions - an agreement which is enforceable by a court of law (Beatty, 2007 p. 214). According to legal scholar Sir John William Salmond, a contract is "an agreement creating and defining the obligations between two or more parties" (Finn Track Higher and Further Education, 2007). A marriage is similar to a contract in that it is recognised by the state and damages should be paid as a result of any breach.

    • Word count: 1698

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