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University Degree: Family Law

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  1. Child law

    Occasionally, the children themselves may have direct access to the family court, especially if there is important evidence to be provided, which the child is accepting to give. However, in other circumstances, the access of children to the court is not sufficient, as not all children are alike, and the arrangements that might promote one child's welfare will not benefit another. Therefore, it is imperative that the court needs to consider the position of each child before it as an individual.

    • Word count: 5486
  2. Briefly explain the key differences between the three types of Alternative Dispute Resolution and explain why they are preferable to the ordinary civil courts.

    or must follow (binding arbitration). The arbitrator must be an independent individual qualified to impose a solution on the parties in a specific context. Such a solution in arbitration is binding on both parties and even though it can be appealed against in court such an appeal will come under very close scrutiny. Arbitration is governed by several Arbitration Acts which gradually streamlined the process and ensured its speed and cost effectiveness, making it a proper alternative to litigation. Arbitration is very common in the commercial world, due to its confidential nature.

    • Word count: 812
  3. Domestic violence

    aspects of the relationship, which can harm the relationship further and could possibly escalate the violence.11 In contrast, as agreements reached in mediation are in theory voluntary it is more likely that the disputants would abide by such agreements, rendering it a more effective means than civil proceedings in reducing impact of family violence. The problems in the current mediation model should nonetheless not be overlooked. The following analysis shows how training can solve problems arising from a lawyer's roles as victim's advocate and neutral mediator in mediations.

    • Word count: 2742
  4. "Examine the presentations of Keith Hayward in chapters 1-4. How important is he to the early stages of the novel, Spies?"

    Stephen expands his good fortune and explains in the following paragraph the difference between himself and Keith. Stephen accepted that Keith was "the officer corps in our two-man army. I was the other ranks - and grateful to be so." Frayn uses the words "officer" and "other ranks" to emphasise the difference between Stephen and Keith. The word "officer" clearly implies a superior person whereas "other ranks" suggests inferiority. The admiration in which Keith is held is demonstrated on page 12 when Frayn talks about the boys deciding what they are going to do that day, "or rather Stephen's waiting for Keith to decide."

    • Word count: 877
  5. 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
  6. Everyone believes homosexuals should have equal housing rights, equal job opportunities, and equal everything. Then comes the subject of same-sex marriages. This is where the equality stops

    There are those who feel that by allowing same-sex marriages then the government would eventually allow incest and polygamy. Just ask anyone. They will tell you that they believe homosexuals should have equal rights. Everyone believes homosexuals should have equal housing rights, equal job opportunities, and equal everything. Then comes the subject of same-sex marriages. This is where the equality stops. In many European countries, marriages between same-sex couples are federally recognized, but unions of American homosexuals still go unrecognized by the United States government. More than half of all the people in the United States oppose same-sex marriages, even though three fourths are supportive of gay rights.

    • Word count: 2238
  7. 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
  8. Changes in Patterns of Marriages and Divorce may Reflect Changing Views of the Place of Marriage in Society. There seems to be A Growing Acceptance that Marriage is no longer necessary for couples

    among those aged 16-59, 25%of non-married men and 28%of non-married women were cohabiting. General statistics on cohabitation have been collected since 1979.Between 1979 and 2001 the proportion of 18-49 years old cohabiting has increased from 11%to 32%. There is steady rise in divorce rates in modern industrial societies through out the twentieth century. The divorce numbered has doubled between 1969-1992.We can see by these examples that society has changed in all aspects, and Marriage is no longer necessary, families don't live together, people prefer to live on their own. We also need to acknowledge how much families have changed.

    • Word count: 3266
  9. 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
  10. Why Same-Sex Marriage's Make Sense, A Small Community's Perspective

    In a country, much less a community like Ann Arbor, where equality is pursued so commendably, one is taken by surprise to find that homosexual marriages are not given the same legal rights as heterosexual ones, nor are they recognized. From this fact one can conclude that the formers of legal policy have decided that same-sex marriages are not equal to heterosexual marriages. Taking this a step further, they have decided one is allowed to choose any heterosexual partner they see fit and enjoy the protection of the law, but one is not allowed to choose a same-sex partner and enjoy those same protections.

    • Word count: 850
  11. Who has parental responsibility & what is the significance in having it?

    In relation to legal parents, by virtue of s.2(1) of the Children Act 1989, all mothers automatically have parental responsibility for the child. The situation becomes more complex where fathers are concerned as the law distinguishes between married and unmarried fathers. A father who is married to the mother will obtain parental responsibility under s.2(1) yet a father who is unmarried will not automatically obtain parental responsibility and must take certain steps to obtain it. Until recently, there were essentially two sources of parental responsibility for an unmarried father as articulated in s.4 of the Children Act; they could either enter a parental responsibility agreement with the mother which

    • Word count: 2206
  12. The Effects on Children In Same Sex Marriages.

    Nevertheless, there are some who question the effect of having homosexual parents can have on a child. This paper will examine several aspects of development in children from same-sex families in comparison to those raised in heterosexual families. Legally, same-sex couples have overcome many barriers throughout the world. In Quebec, considered to be one of the most liberal in the world concerning homosexual rights, civil unions between same sex couples are legally allowed. As well, homosexual couples have legal rights in adoption and fertility matters. Whereas before when birth certificates allowed only a mother and father's name, today both parents can have their names on the certificate, even if they are of the same sex.

    • Word count: 788
  13. 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
  14. Compare the use of surrogacy with the institution of adoption. How well is adoption suited to present society?

    In light of this it is the surrogate mother who is considered the legal mother and, as will be seen later, the commissioning parents may only acquire legal status by taking further steps. Clearly, both adoption and surrogacy offer infertile couples the opportunity achieve parenthood. Indeed, for such purposes, surrogacy may be preferred as it permits, both or at least one of the commissioning parents to be genetically related to the child. Many consider such a genetic link, which is not possible with adoption, highly important.

    • Word count: 4663
  15. Family law.

    the International Year of the Family, there is still confusion as to precisely the nature of the institution that is being celebrated'9. In Fitzpatrick v Sterling10 Lord Clyde deliberated on the definition of family and found that the problem in this case was in determining 'what, short of blood or marriage, may evidence the common bond in a partnership of two adult persons which may entitle one to be in the common judgement of society, a member of the others family'11.

    • Word count: 5787
  16. With the very nature and fluidity of Family Law, many attempts at definitive meanings are met with a high degree of confusion even by the most learned minds.

    In the absence of any marriage particulars between them or indeed Alistair and Belle registering a parental responsibility agreement with any court, it would presently stand that Belle has PR for the three children and Alistair does not for any. Stepping over the question of Grant's paternity for the moment, and assuming that Callum being the father is domiciled in England or Wales at the date of his valid marriage to Belle. It is authority under the Legitimacy Act 1976 that both parents will have PR for any child of theirs born prior to marriage.5 As it would seem that

    • Word count: 4699
  17. 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
  18. Changes on the life of women in this century have affected different aspects of their social life compared to women in the past century.

    Pontian has the highest divorce rate in the EU. Pontish marriages in every 1000 end up in divorce compared to the rest of Europe. The number of divorces rose from 29000 in 1951 to 155000 in 1995. Homes and marriages may be broken. Separation thraige either choice necessity (like working home or imprisonment may cause a broken home, as may the death of a partner. So homes may be broken for reasons other than divorce. Women in this century now take up employment, which means that they may have a voice in terms of financial support.

    • Word count: 688
  19. In English Law, sperm donors may be held to be 'the real fathers' of children born through artificial insemination. Is that an unproblematic assumption? Compare notions of what makes a 'father' from two or more societies known to you.

    Fortes3 asserts that "Ashanti beliefs about the physiology of conception reflect the social values attached to the parents". Ashanti society is matrilineally constructed, men have a greater political power than women; but political status derives from lineage affiliation which is conferred by women. The bond between a mother and her child is said to be a binding moral relationship in which the mother provides nurture for the child and in turn expects obedience and affectionate respect from her children. Although other female relations are referred to a 'mother' by the child, Fortes argues that it is accepted that "people feel differently [more strongly] towards their own mothers than their proxy mothers."

    • Word count: 2095
  20. As the significance of marriage declines in family law there is no longer any justification for excluding cohabitation from full legal recognition. Discuss.

    The increased levels of co-habitation have an obvious detrimental effect on the marriage rate. There are social factors, such as the decline of the importance of religion. This results in couples that co-habit, or that get divorced, do not face the same type of stigma as they once would have. The increased ability of women, traditionally the 'supported' spouse, to embark on their own careers and earn their own money, even alongside motherhood, results in them being better able to cope with the effects of divorce than ever before, and therefore more willing to initiate divorce proceedings.

    • Word count: 2982
  21. There are many areas of law which have needed updating as changing times need changing views. The most recent need for change has been in family law in relation to transsexuals and cohabitants.

    It was held that there was a violation of Article 8 and 12 by the European Court which shows their more up to date attitude in relation to the treatment of transsexuals. Following this case, the Government commenced discussion about proposals for reform in order to allow ongoing amendment of civil status data. Transsexual people haven't been treated as being of their gender in law despite having lived in that gender for many years. They don't have access to rights and responsibilities confined to people of that gender.

    • Word count: 3838
  22. 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
  23. International Conflict Analysis

    Mediation does not employ force, as opposed to armed intervention 4) Mediation does not enforce a resolution4 through the invocation of legal norms, unlike arbitration5 Mediation is thus concerned with the achievement of a compromise that will be accepted by all parties through facilitating information exchange and negotiation. How the disputants would arrive at such a compromise cannot be strictly defined as the nature of mediation and a mediator's role adapt to the circumstances surrounding each conflict. To even begin to assess the success of mediation, it is first pertinent to define what "success" means.

    • Word count: 2899
  24. 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
  25. 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

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