Term
| What is hear-say evidence considered to be? |
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Definition
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Term
| What does defence counsel do? |
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Definition
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Term
| Where is the preliminary hearing held? |
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Definition
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Term
| The write-up summary of all things said in the courtroom that day is called _____________. |
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Definition
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Term
| What does the judge write all of his notes in? |
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Definition
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Term
| ______________ Presents evidence towards the accused |
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Definition
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Term
| "I promise to be back on my trial date" This is when someone signs a document confirming that they wil come back on their trial date, this is called______________. |
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Definition
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Term
| How you refer to the judge in supreme court |
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Definition
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Term
| You lied in court! This is called______________. |
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Definition
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Term
| When an offence is either summary or idictable is called a __________ offence. |
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Definition
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Term
| If you refuse to respond when asked how you plead, you are assumed to be innocent. What is this term called? |
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Definition
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Term
| After a cop makes an arrest, they goto talk to the _____________ |
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Definition
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Term
| In provincial court we call the judge___________ |
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Definition
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Term
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Definition
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Term
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Definition
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Term
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Definition
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Term
| While being a model citizen, Timmy gets called into court. Jimmy received a ______________. |
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Definition
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Term
| The leader of the Queso Bandito gang got called back for his trial date. The accused was ____________. |
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Definition
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Term
| An officer must have _____________ and _________________ to arrest you. |
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Definition
| Reasonable and probable grounds |
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Term
| Another name for oath is__________ |
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Definition
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Term
| The BNA was established in 1867 stands for the ____________________ |
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Definition
| British North American Act |
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Term
| Canada is a ________________ state |
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Definition
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Term
| The federal government deals with |
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Definition
.Trade of commerce
.income tax
.defense
.postal service |
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Term
| Education, Health, Sales tax, etc. is all dealt with the __________ government |
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Definition
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Term
| Property tax, rezoning by-laws, dogtags are all dealt within the ____________ government |
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Definition
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Term
| Who is the governer-general of canada? |
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Definition
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Term
The 2 elements of a crime
1.
2. |
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Definition
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Term
| Municipal laws are ________ |
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Definition
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Term
| Where is a preliminary hearing held? |
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Definition
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Term
| Petty theft and minor offences are called______________ offences. |
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Definition
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Term
| Where are summary offences dealt with? |
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Definition
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Term
| Indictable offences are dealt with in_____________ |
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Definition
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Term
| Who decides weather a crime is Indictable or summary? |
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Definition
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Term
| Araignment is when _____________ |
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Definition
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Term
| When the lawyers talk to eachother in court they talk through the judge and they say _________________________ |
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Definition
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Term
There are 2 things that a hybrid offence depend on, what are they?
1.
2. |
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Definition
1. Seriousness of case
2 Dollar value |
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Term
| What is a preliminary hearing? |
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Definition
| Held in provincial court, they see if there is enough evidence to goto trial |
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Term
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Definition
| The accused can choose weather they want just a judge, or a judge and a jury |
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Term
| The judge will alter the juries verdict from guilty to innocent due to insufficient evidence.. |
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Definition
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Term
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Definition
| Where not all 12 jurers agree, so the judge will dismiss all jurers |
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Term
| Statute of Westminister was enforced in ______ |
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Definition
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Term
| What is the statute of Westminister? |
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Definition
| Canada can make it's own laws now without the queens approval |
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Term
| How many members in the house of commons? Elected or appointed? |
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Definition
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Term
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Definition
| A delaying tactic used in the 2nd reading. |
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Term
| What does "Letting a bill die" mean? |
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Definition
| Leaving a bill on the ORDER PAPER, or not getting to it. |
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Term
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Definition
| Government appointed position who asks public about new laws or changes |
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Term
| In provincial court the accused can not choose to be tried with a jury, only a judge alone. True or False? |
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Definition
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Term
| How many "Justices(Judges) sit in a supreme court or Canada? Where must they come from? |
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Definition
1 chief, 8 judges(justices)
3 from Quebec
3 from Ontario
2 from western canada
1 Atlantic Provinces |
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Term
| How often does a supreme court sit and judge? |
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Definition
| 3 times a year,winter,spring and fall. |
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Term
| The supreme court is strictly a trial or appeal court? |
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Definition
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Term
| What does the court clerk do? |
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Definition
| Helps judge by keeping record of trial exhibitions and administering oaths. |
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Term
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Definition
| Keeps record of what is said during court hearing |
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Term
| If the consideration is stolen, is the contract binding? |
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Definition
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Term
| A promise to do soemthing in return for past benefits aready recieved is not legally enforceable |
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Definition
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Term
| Gratuitious consideration, is it legally enforceable? |
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Definition
| Freely, not seriously going to carry it out-not legally enforceable unless under seal |
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Term
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Definition
| Consideration values exchanged by the parties to a contract |
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Term
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Definition
| Age of adulthood, 19 years of age |
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Term
| The price of a product, is the amount of $ that it's worth is called- ? |
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Definition
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Term
| To only sue those who are party to a contract is called? |
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Definition
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Term
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Definition
| When a minor shows no interest in continuing with the contract |
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Term
| Jim wants to ratify his rental agreement, what does Jim want to do? |
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Definition
| Jim wants to continue with his contract |
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Term
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Definition
| Certain contracts must be made underseal |
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Term
| What is a simple contract? |
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Definition
| A contract that is not in writing or underseal, could be oral |
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Term
| A person doesn't do what they are asked in a contract, what is this? |
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Definition
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Term
| What is a specialty contract? |
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Definition
| Witnessed, written and underseal. like Marriage, will contracts |
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Term
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Definition
| Actions not words contract |
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Term
| What is fraud? How can you deal with fraud? |
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Definition
| When someone intentionally lies. You rescind the contract and sue |
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Term
| How to deal with innocent misrepresentation? |
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Definition
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Term
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Definition
| Essential element of a contract |
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Term
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Definition
| Lesser element of a contract |
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Term
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Definition
| A set amount of damages in case of a breach in contract |
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Term
| What is the material fact? |
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Definition
| Something that brings about the contract- for example: If Tim payed $100,000 for an antique school bus, the reason he payed so much is because it is an antique. Therefor, it being antique is the material fact |
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Term
| When both parties are unaware of the problem in a contract, is called a ? |
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Definition
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Term
| There is a default of a minor nature, what kind of performance is it? |
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Definition
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Term
| 3 Things that are listed under Discharge by performance: |
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Definition
1) Venue becomes destroyed
2) Sinckness or injury
3) There is a change in law |
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Term
| What does a counter-offer do? |
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Definition
| Terminates the original offer |
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Term
| Instanity/Intoxication-what must be proven? |
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Definition
That you were clearly intoxicated
that the other party knew that you were intoxicated |
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Term
| Unlawful pressure put on someone to enter an agreement |
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Definition
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Term
| _________________ is a false statement of a material fact |
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Definition
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Term
| Statue of frauds was established in ____ |
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Definition
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Term
| The rights and obligations to the parties of a contract is _________ |
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Definition
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Term
| Restoring the parties to their original positions had there never been a contract |
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Definition
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Term
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Definition
| Stopping/prohibiting something from happening |
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Term
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Definition
| trying to lessen your losses |
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Term
| Failure by a party to perform the pbligations agreed to in a contract is called _______? |
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Definition
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Term
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Definition
| Ceremony,governed by provincial law |
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Term
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Definition
| The ability to consemate a marriage |
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Term
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Definition
| Cannot have kids-not grounds for divore-annulment |
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Term
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Definition
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Term
| Domestic Contract(pre-nup) |
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Definition
| Signed+ witnessed-specialty contract |
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Term
| Common law marriage isn't valid EVER ANYWHERE |
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Definition
| Because common law marriages aren't valid at all |
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Term
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Definition
| court declaring marriage annulled |
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Term
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Definition
| People living in comon law |
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Term
| Lying about something in divorce court |
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Definition
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Term
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Definition
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Term
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Definition
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Term
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Definition
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Term
| To finalize a marriage you must _____________________ it |
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Definition
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Term
Impotent means that you are unable to _____________ a marriage
Is it grounds for annulment? |
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Definition
Unable to consemate a marriage
Grounds for annulment |
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Term
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Definition
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Term
| An outlining of assets incase of divorce is called.. |
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Definition
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Term
| If you seperate for more then 90 days then you get back together it's called _______________________ |
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Definition
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Term
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Definition
| Something hasn't been in marriage agreement |
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Term
When deciding who gets custody of children
3 Factors:
1.)
2.)
3.) |
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Definition
Interest of kids
Age
Who can meet physical/mental needs |
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Term
Provincial Requirements for marriage?
1
2
3 |
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Definition
1-Age requirement
2-Ceremony
3-Marriage license |
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Term
Federal Requirements for marriage
1
2
3 |
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Definition
1-Free to consent
2-Must be between man and women
3-Must be free to marry
4-Mentally competent
5-Not to closely related |
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Term
| What are 3 grounds for divorce? |
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Definition
1-Adultery
2-Mental/physical cruelty |
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Term
Factors of decinding who pays who?
1.
2.
3.
4. |
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Definition
1. Income
2. Mentally/physically stable
3. If they can support themselves
4. Training for a job |
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Term
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Definition
| Must have substantial connection to the place |
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Term
| Common law seperation means that you .. |
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Definition
Get back whawt your brought into the relationship
OR split it 50/50 |
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