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UniversityofAlbertaLibrary dentandteacher: Usethiscoversheetformailingorfaxing. ASSIGNMENT BOOKLETA 0 1620 3681709 4 LGS2010 Legal Studies2010: Section 1 Assignmentand Section 2 Assignment FOR STUDENT USE ONLY FOR OFFICE USE ONLY DateAssignment Submitted: (If label is missing or incorrect) Assigned Teacher: Student File Number: Assignment Time SpentonAssignment: Grading: Course: Graded by: DateAssignment Received: Student’s Questions and Comments Teacher’s Comments Teacher INSTRUCTIONS FOR SUBMITTING THIS DISTANCE LEARNING ASSIGNMENT BOOKLET Whenyouareregisteredfordistance learningcourses,youare expectedtoregularlysubmitcompleted assignments forcorrection.Tryto submiteachAssignmentBookletas soonasyoucomplete it. Donot submit morethanoneAssignmentBookletinone subjectatthesametime. Before submittingyourAssignmentBooklet, pleasecheckthefollowing: • Arealltheassignments completed?Ifnot, explainwhy. • Hasyourworkbeenrereadtoensureaccuracyin spellinganddetails? • Isthebookletcoverfilledoutandthecorrectmodule labelattached? MAILING 1. Do notenclose letterswithyourAssignmentBooklets. Send all lettersin a separateenvelope. 2. PutyourAssignmentBookletin anenvelopeandtake ittothepostofficeandhave itweighed.Attach sufficientpostage andseal theenvelope. FAXING 1. AssignmentBookletsmaybe faxedtothe schoolwithwhichyouareregistered. Contactyourteacherforthe appropriatefaxnumber. 2. All faxingcostsaretheresponsibilityofthe sender. E-MAILING Itmaybepossibletoe-mailyourcompletedAssignmentBooklettothe schoolwithwhichyouareregistered.You alsomayberequiredto e-mail someofyourassignments. Contactyourteacherfortheappropriatee-mail address. — HHnS Career and Technology Studies ®P: SB *A- »it:- Family Law u ASSIGNMENT BOOKLET A Learning U| /dlberia Technologies Branch EDUCATION FOR TEACHER'S USE ONLY Summary Teacher’s Comments Total Your Possible Mark Marks Section 1 20 Assignment Section2 30 Assignment 50 Legal Studies2010 Family Law AssignmentBookletA Section 1 Assignmentand Section2Assignment LearningTechnologies Branch ISBN 0-7741-2647-7 CoverArt:mainbackgroundimage Photodisc/GettyImages Thisdocumentisintendedfor YoumayfindthefollowingInternetsitesuseful: Students • AlbertaEducation,http://www.education.gov.ab.ca Teachers / • LearningTechnologiesBranch,http://www.education.gov.ab.ca/ltb • LearningResourcesCentre,http://www.lrc.education.gov.ab.ca Administrators Exploringtheelectronicinformationsuperhighwaycanbeeducationalandentertaining.However,be HomeInstructors awarethatthesecomputernetworksarenotcensored.Studentsmayunintentionallyorpurposelyfind GeneralPublic articlesontheInternetthatmaybeoffensiveorinappropriate.Aswell,thesourcesofinformation arenotalwayscitedandthecontentmaynotbeaccurate.Therefore,studentsmaywishtoconfirm Other factswithasecondsource. 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UNIVERSITYLIBRARY UNIVERSITYOFALBERTA Legal Studies2010 1 Assignment BookletA ASSIGNMENT BOOKLET A LEGAL STUDIES 2010: FAMILY LAW SECTION 1 ASSIGNMENT AND SECTION 2 ASSIGNMENT This Assignment Booklet isworth 50 marks out ofthetotal 100marks forthe assignments. Thevalueofeach assignment and each question is stated in the leftmargin. Read all parts ofyour assignment carefully and recordyour answers in the appropriate places. Ifyou have difficultywith an assignment, gobacktoyour StudentModule Booklet and reviewthe appropriate lesson. Be sure to proofreadyour answers carefullybefore submittingyourAssignment Booklet. When respondingto the questions in this booklet, you are encouragedtouse a computer andword-processingapplication whereverreasonably possible. Ifyouuse a computer, be surethatyou submit a printedcopythat hasbeen carefullyproofread. Includeyour name, course name, and assignment question numberon each page. Alternatively, you maybe able to arrangewith yourteacherto submityourwritten assignmentsby e-mail. Section 1 Assignment: Marriage and the Law 1. Tellwhether or not each ofthefollowingmarriages appears to fulfil thelegal requirements as far asyou're ableto judge from the information given. Ifa necessary elementis missing, explain what it is. a. When Maria marries Paul, shewears a heavyveil. Paul thinks he's marryingMaria's sister. b. Norma gets married even though she'sbeen divorced foronlya month. c. Stephanie wants to inheritthefortuneofold Mr. Schade, so she pretends to fall in lovewith him. Theweddingceremonytakes place, and all indications are that Mr. Schadeunderstands what's happeningatthe church. © d. Connor doesn'tthinkmarryingLouise wouldbe a good idea, butwhen Louise's brother threatens to breakConnor's kneecaps ifhe doesn't, he agrees. Legal Studies2010 2 Assignment BookletA i Natasha, a pregnant 15-year-old, gets marriedwithouttheconsent ofherparents or a courtorder. When you’ve finished answering the preceding questions, return to page 22 ofthe LGS 2010 Student Module Booklet and continue working where you leftoff. 2. Indicatewhether the following statements are true or falsebycirclingthe letterTor F. T F a. Canada's federal government makes laws governingthe solemnizingof marriages. T F b. TheMarriageActis afederal statute. T F c. Whenyou marry, all yourproperty, alongwith that ofyour spouse, becomes commonlyowned familyproperty. T F d. Spouses have alegal responsibilityto provide necessaries for each other. T F e. The ConstitutionAct, 1867gavethe provinces control overthe essentials of marriage and divorce. T F f. Ahusband is automaticallyresponsible for any debts his wifeincurs. T F g. A marriage is a legallybindingcontract that can be enforced in the courts. T F h. Sterility canbegrounds for annulling a marriage. T F i. Bylaw, people must leave at least part oftheir estates to their spouses in theirwills. T F j. In Alberta, people are preventedbylawfrom sellingtheirmatrimonial homes withoutthe consent oftheir spouses. T F k. It is a criminal offence for parents to fail to provide theirchildren with the necessities oflife. T F 1. Parents are legallyrequiredto provide their childrenwith an education once they're sixyears old. T F m. Avalid marriage ceremonymustbe witnessedby atleast four people. T F n. In Alberta, all the propertyofa married person who dieswithout a will goes to his or her spouse regardless ofthe size ofthe estate. Legal Studies2010 3 Assignment BookletA 3. Match the statutes ontheleftwith the descriptions on the rightbyputtingthe numbers ofthe statutes in the appropriateblanks. i. MarriageAct a. offersprotection from parental abuse ii. DependantsReliefAct b. guides judges in determiningwho gets howmuch ifa marriagebreaks up iii. DowerAct c. outlines the formal requirements of iv. MatrimonialPropertyAct gettingmarried V. Child, Youth andFamily d. sees that spouses and children inheritif EnhancementAct there is nowill vi. IntestateSuccessionAct e. allows a spouseto live in thematrimonial home f. sees that dependent familymembers are financiallylooked afterwhen their supporter dies . When you’ve finished answering the preceding questions, return to page 33 ofthe LGS 2010 Student Module Booklet and continue working where you left off. Section 2 Assignment: When Marriages Fail 1. You're a lawyer, and one daya client, Mrs. Phung, comes toyou forlegal help. Her marriage has broken down, and she and her husband havebeen living apart for six months. There's been no adulteryor abuse, butthecouple simplyno longerwant to live as husband and wife. Mrs. Phungis self-supporting, and she's not interested in remarryingsoon, but she would liketo divideup the family property andworkout herrights and obligations in relation to her husband. Shehasn't spokenwith her husband sincehe moved out, and she doesn't knowwhether he'll agreetoworkwith herin findinga solution to their problems. Asyou see it, Mrs. Phunghasthree options: • legallyseparatingfrom her husbandby means ofa separation agreement • petitioningthe courts for a declaration that the relationship is irreconcilable • getting a divorce Under thethree headings provided, explain toMrs. Phungwhat's involvedin each oftheseoptions andhoweach applies to herpresent situation. Followup byrecommending a courseofaction to Mrs. Phung, alongwith your reasons for recommending it. Note thatthere isn't necessarily a "right" recommendation here, butbe sure to explain your reasons forwhatevercourse ofactionyou recommend. Legal Studies2010 4 Assignment BookletA Marking Criteria 10 marks • Aclear and accurate explanation is given astowhat 4 marks is involved in each option. • Aclear and accurate explanation is offered asto 4 marks howeach option appliestoMrs. Phung's situation. • A sensiblerecommendation is made alongwith clearly 2marks explained reasons. J \ Separation Agreement Legal Studies2010 5 Assignment BookletA Court Declaration ofIrreconcilability Divorce — Legal Studies 2010 6 Assignment BookletA Recommended Course ofAction ... : \ When you've finished answering the preceding question, return to page 46 ofthe LGS 2010 Student Module Bookletand continue working where you left off. The Smiths are getting a divorce and can't agree on the custodyoftheirtwochildren 4-year-old Rebecca and 16-year-oldTyler. Mr. Smith makes a good living as atrucker, but his job keeps him awayfrom home much ofthetime. Mrs. Smith makes less money, but, because she works out ofan officein her house, she's always home. Both Mr. and Mrs. Smith are caring, responsible parents, but both children have expressed apreference forlivingwith their father; in thewords ofRebecca, "Hegives me lots ofcandy and nevermakes metidyup." Mrs. Smith, bytheway, intends to moveto a differentprovincewhere she thinks she can live more economically. You're the judge in this case. Explain in two or three paragraphs howyou'd establish custodyand access. In your answerbe sureto referto the principles and factors judges use in decidingcases like this one. Once again, there isn't necessarily a "right" answer. What's important is the completeness ofyour explanation and the understandingofthe issues and the lawit reveals. r A Marking Criteria 10 marks • Aclearand accurate explanation is provided for 5 marks establishingcustody and access. • Factors used in the decision-makingprocess are accurately 5 marks presented.