CRIM 1116 Exam Questions With
Complete Solutions
what parental permission or a court order (judicial consent) approval is given to
someone under 19 years old(minor) to marry? - ANSWER If the person is pregnant or
cultural expectations
Is family law private or public? - ANSWER Public law and private law
What are some aspects of family law that make it public? - ANSWER child welfare cases
involving child neglect
criminal cases of domestic abuse
income tax for spouses
What is family law concerned with? - ANSWER marriage, marriage breakdown, common
law relationships and the rights and obligations of family members(children)
adoption, child welfare and support of parents
Family law involves laws relating to.... - ANSWER marriage, divorce, matrimonial
property, spousal and child support(maintenance), child custody, tax in family matters
how are canadian laws influenced by religion? - ANSWER rather than religious rules, our
laws legally guide us in family matters
Are religious ceremonies official? - ANSWER No, they require a civil
procedure(obtaining a marriage license)
Under our constitution, who has jurisdictions to family matters? - ANSWER federal and
provincial governments
Parliament makes laws in relation to ______ and in what section - ANSWER Marriage and
Divorce and S. 91(26)
Define Essential validity - ANSWER A persons capacity to marry and the substantive
requirements for a valid marriage
Who answers questions of essential validity? - ANSWER Federal jurisdiction(parliament)
What are the prerequisities for a valid marriage(essential validity)? - ANSWER •two
persons" are required: Civil Marriage Act, s.2
•They must both be able to consummate the marriage
, •They must not have too close a degree of consanguinity (blood relationship): Marriage
(Prohibited Degrees) Act
•They must be unmarried: CMA, 2.3
•They must freely consent: CMA, s.2.1
•They must be at least 16 years old: CMA, 2.2
What must parliament determine on the grounds of marriage and divorce? - ANSWER
Essential validity, the grounds for divorce(the divorce act), spousal/child support and
child custody following divorce
Provincial legislatures make laws in relations to..... - ANSWER the solenminization of
marriage in the province(s. 92(12)), and the property and civil rights in the province(s.
92(13))
Define Formal validity - ANSWER formalities or ceremonial requirements of a marriage
procedures for getting married
2 statutes dealing with the aspects of preconditions of a valid marriage - ANSWER the
civil marriage act and the marriage(prohibited degrees) act
What do courts rely on for essential validity - ANSWER common law rules
what have influenced common law rules regarding essential validity - ANSWER english
canon(or church) law, christian bible and anglican book of common prayer
In provincial legislation, how does the property and civil rights in the province(s. 92(13))
relate to family law? - ANSWER division of family assets when relationships break down
child adoption
spousal/child support and child custody following seperation
What section of BNAA finds division of powers of family law for parliament and
provincial legislatures - ANSWER Section 91 and 92
What are the 6 requirements for a valid marriage(essential validity)? - ANSWER 1. Two
persons are required
2. Both parties consummate the marriage
3. Both parties are not close in consnguinity or affinity(blood relationship)
4. They must be unmarried
5. Both consent to marriage
6. Must be at least 16 years old
Complete Solutions
what parental permission or a court order (judicial consent) approval is given to
someone under 19 years old(minor) to marry? - ANSWER If the person is pregnant or
cultural expectations
Is family law private or public? - ANSWER Public law and private law
What are some aspects of family law that make it public? - ANSWER child welfare cases
involving child neglect
criminal cases of domestic abuse
income tax for spouses
What is family law concerned with? - ANSWER marriage, marriage breakdown, common
law relationships and the rights and obligations of family members(children)
adoption, child welfare and support of parents
Family law involves laws relating to.... - ANSWER marriage, divorce, matrimonial
property, spousal and child support(maintenance), child custody, tax in family matters
how are canadian laws influenced by religion? - ANSWER rather than religious rules, our
laws legally guide us in family matters
Are religious ceremonies official? - ANSWER No, they require a civil
procedure(obtaining a marriage license)
Under our constitution, who has jurisdictions to family matters? - ANSWER federal and
provincial governments
Parliament makes laws in relation to ______ and in what section - ANSWER Marriage and
Divorce and S. 91(26)
Define Essential validity - ANSWER A persons capacity to marry and the substantive
requirements for a valid marriage
Who answers questions of essential validity? - ANSWER Federal jurisdiction(parliament)
What are the prerequisities for a valid marriage(essential validity)? - ANSWER •two
persons" are required: Civil Marriage Act, s.2
•They must both be able to consummate the marriage
, •They must not have too close a degree of consanguinity (blood relationship): Marriage
(Prohibited Degrees) Act
•They must be unmarried: CMA, 2.3
•They must freely consent: CMA, s.2.1
•They must be at least 16 years old: CMA, 2.2
What must parliament determine on the grounds of marriage and divorce? - ANSWER
Essential validity, the grounds for divorce(the divorce act), spousal/child support and
child custody following divorce
Provincial legislatures make laws in relations to..... - ANSWER the solenminization of
marriage in the province(s. 92(12)), and the property and civil rights in the province(s.
92(13))
Define Formal validity - ANSWER formalities or ceremonial requirements of a marriage
procedures for getting married
2 statutes dealing with the aspects of preconditions of a valid marriage - ANSWER the
civil marriage act and the marriage(prohibited degrees) act
What do courts rely on for essential validity - ANSWER common law rules
what have influenced common law rules regarding essential validity - ANSWER english
canon(or church) law, christian bible and anglican book of common prayer
In provincial legislation, how does the property and civil rights in the province(s. 92(13))
relate to family law? - ANSWER division of family assets when relationships break down
child adoption
spousal/child support and child custody following seperation
What section of BNAA finds division of powers of family law for parliament and
provincial legislatures - ANSWER Section 91 and 92
What are the 6 requirements for a valid marriage(essential validity)? - ANSWER 1. Two
persons are required
2. Both parties consummate the marriage
3. Both parties are not close in consnguinity or affinity(blood relationship)
4. They must be unmarried
5. Both consent to marriage
6. Must be at least 16 years old
