A discussion on Canadian divorce law and how women are disadvantaged by it.
Persuasive Essay # 141475 |
1,500 words (
approx. 6 pages ) |
4 sources |
APA |
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Abstract
The paper discusses how women remain disadvantaged by Canadian divorce law and practicalities for which few are prepared, post-divorce. The paper makes a reference to feminist critiques of existing law, the data on women post-divorce, and assumptions of property division or law in relation to actual proceedings. The paper asserts that in addition to legal reform, women need to be prepared for a legal/court environment that does not guarantee fairness.
From the Paper
"Reform of Canada's divorce laws in the mid-1980s gave a false sense of greater security for women, in the event of a divorce. This paper explains the need for continuing reform because women are often handicapped economically and socially by marriage breakdown and termination. An important part of Canadian women's experiences of divorce has to do with what is assumed about the female spouse, children, the nature of custody and care, and matters of child support. The commonplaceness of divorce has created patterns that can be most unfair, some lawyers and family court..."
Tags:cda divorce, law/reform, women
This paper is a case study, which explores Canadian divorce law as applied to the rights of a woman whose 17-year old marriage is being terminated.
Case Study # 101337 |
1,105 words (
approx. 4.4 pages ) |
6 sources |
MLA | 2007
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$ 23.95
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Abstract
This paper explains that, because Canadian law seeks, as a general rule, to reward the efforts of the spouses equally vis-a-vis the allocation of the marital goods, it seems fairly evident that the woman should receive half of everything acquired by her husband over the course of their marriage. The author points out that this ruling includes a "fair" portion of the former husband's pension if that was something he was able to secure after their marriage unfolded. The paper argues that the spouse took care of the children and has been out of the workforce for nearly two decades; therefore, it would be patently unfair to leave her without some long-term means of support. The author stresses that she is every bit as entitled to enjoy the fruits of the husband's success as he is.
From the Paper
"First of all, Canada has a 20-year old Divorce Act which clearly states that a divorce is permissible if the couple have been separated for at least one year. In that regard, there is really no way that either party can contest the decision to end the relationship even if one of them decides after the fact that they wish to keep things going; from Kate's perspective, any fears that Ben might turn around and contest the agreed-upon divorce at some point in the future appear to be ill-founded. In any event, Kate is still in a challenging situation - at least at first glance."
Tags:allocation, partners, stay-at-home, equality, pension
This paper looks at the most prominent and important aspect of family law and concentrates on the domestic realm.
Analytical Essay # 102168 |
1,314 words (
approx. 5.3 pages ) |
1 source |
APA | 2008
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$ 26.95
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Abstract
In this article, the writer expands on the belief that the most dominating aspect of family law is that it pertains to the domestic sphere. Further, the writer examines the repercussions of this domestic aspect of family law. The writer notes that one can see that the dominant aspect of Canadian family law with regard to both divorce and common law couples has changed. Moreover, this was also the dominant aspect with regard to the very nature of families, in that same-sex relationships have been legitimized to the full extent of the law. The writer points out that the last-mentioned change is certainly the most dramatic, setting Canada ahead of social trends in most countries, and illustrating perhaps most clearly of all how much Canadian family law has changed.
From the Paper
"Another aspect of family law that has been dominated by change has been the important sphere of divorce law. Boyd points out that at the beginning of the 20th century, people rarely divorced. However, a century later, divorce has become common-place. In fact, in many Canadian class rooms, there are more children from "broken" families than from intact families. As the century progressed, people became more willing to break their marriage vows and start over. Also, as divorce become more and more commonplace, people began to feel less guilt and failure about getting a divorce. Moreover, it is now a more secular time, and many people simply do not take their church vows as seriously. Canadian family law seems to have recognized this softening of social attitudes towards divorce, because it has made a series of changes to divorce law. Perhaps the most salient change has been that it has become much easier to obtain a divorce, particularly with the introduction of the concept of so-called "no-fault" divorce."
Tags:marriage, relations, couples, change
Canadian Labor Law
This paper presents a discussion of what rights and treatment managers receive under Canadian Labor Law.
Research Paper # 23739 |
3,821 words (
approx. 15.3 pages ) |
5 sources |
MLA | 2002
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$ 62.95
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The paper looks at the advantages and implications of excluding managerial employees from collective agreements under Canadian Labor Law. It examines the way different Labor Boards treat and rule on who should be excluded in each case.
From the Paper
"Whenever a trade union in Canada applies for certification to the Labor Board, it undergoes a series of procedures before the Board acknowledges to the union that the latter, in fact, exists under the law. One of the steps that the union and a related employer(s) undertake is called the definition of the bargaining unit. This procedure involves submitting to the Labor Board a list of names of all employees in a proposed unit along with their positions and job descriptions. The purpose of this move is to pin-point those categories of employees that may and will be excluded from the proposed unit if found in the initial submission."
Tags:canada, industrial, labor, law, union
A look at the growth in Canadian administrative law in the past three decades.
Analytical Essay # 143966 |
1,500 words (
approx. 6 pages ) |
2 sources |
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Abstract
This paper examines the growth in administrative law during the past three decades, contending that it indicates that Canada now has greater respect for the rights of all of its citizens. The essay further discusses that this may be seen in a range of cases, including May v. Ferndale Institution, R. v. Kouri, and R. v. RC. These cases are highlighted and analyzed.
From the Paper
"The growth in administrative law during the past three decades is a signal that the state now has greater respect for the rights of its citizens. Write an essay that discusses this. The growth in administrative law during the past three decades indicates that the state in Canada now has greater respect for the rights of all of its citizens. As this essay discusses, this may be seen in a range of cases, including May v. Ferndale Institution, R. v. Kouri, and R. v. RC. Administrative law and constitutional law are similar in that both deal with the legal framework of government, and both have to do with the use..."
Tags:crim, in, ology
This paper addresses several cases of Canadian business law.
Analytical Essay # 130075 |
2,000 words (
approx. 8 pages ) |
1 source |
MLA |
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$ 38.95
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The paper discusses the case of an injured party who faces financial or personal hardship, but is prevented from recovery of damages because of some action taken by him which may have been unintentional or inadvertent, this is often designated as "contributory negligence". The paper explains how in such cases, courts have been required by legislation in Canadian provinces to determine the degree of responsibility of both the injured party and the defendant in negligence cases, and to apportion damages proportionately on this basis. The paper considers this outcome to be desirable given that it recognizes that humans are all, to some extent, responsible for our own destinies through our actions and that injury - when it occurs - cannot always be blamed entirely on others.
From the Paper
"When an injured party in a case faces financial or personal hardship, but is prevented from recovery of damages because of some action taken by him which may have been unintentional or inadvertent, this is often designated as "contributory negligence". In such cases, courts have been required by legislation in Canadian provinces to determine the degree of responsibility of both the injured party and the defendant in negligence cases, and to apportion damages proportionately on this basis (Willes and Willes 92-93). In such cases, the strict application of the law limits damages that may be asked for by the injured party, and the court must..."
Tags:business, law, contract
This paper presents five questions and answers on Canadian business law.
Term Paper # 135358 |
2,500 words (
approx. 10 pages ) |
0 sources |
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$ 45.95
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Abstract
This paper answers five questions on Canadian business law.
From the Paper
"Most matters have to do with Irwin Dorfman's definition of law as `a set of rules that enable people to live together and respect each other's rights. It seems that a good deal of Canadian business law has to do with custom, standards and understandings in different agreements and thus, the avoidance of disputes that are counter-productive..."
Tags:contract, obligations, charter
An examination of the defense of automatism in criminal law in Canada.
Analytical Essay # 135789 |
5,000 words (
approx. 20 pages ) |
20 sources |
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$ 75.95
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The paper discusses insane automatism as a defense in particular situations that stresses a longstanding gap between legal views of the mind/consciousness and culpability and medical knowledge, particularly forensic psychiatric knowledge. The paper provides an outline of typical disorders and looks at the implications of incomplete diagnoses and the overall need for a defense of automatism in criminal law. The paper includes various Canadian and medico-legal sources.
From the Paper
"Automatism refers to unconscious and involuntary behaviour. In criminal proceedings, where automatism is brought to bear upon the culpability of the accused, the prosecution must prove that a prohibited act took place, the accused at fault, but in an occasion that was involuntary. Evidence of automatism may be given by the defence to rebut the inference of voluntarism or intention expressed as mens rea. Insane automatism is required as a concept and indeed defense given the likelihood that persons suffering from some mental disorders will offend in unintended ways and in..."
Tags:automatism (insane), bases, significance
Responses to questions set by the professor that discuss (1) strict liability concept; outcome in different scenarios involving consumer injury case; (2)business custom & contract law involving informal discussion and improper ordering procedure to ...
Essay # 137455 |
1,250 words (
approx. 5 pages ) |
1 source |
APA |
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Responses to questions set by the professor that discuss (1) strict liability concept; outcome in different scenarios involving consumer injury case; (2)business custom & contract law involving informal discussion and improper ordering procedure to produce false order at great expense; (3) improper land purchase null and void under Ontario transfer law; building immaterial or cost incurred by misinformed buyer; (4) changed commercial informal contract; how a better rate cannot be demanded after business has been done, (5) private contract in which alteration of payment not noted as codicil, possible recourse of both parties.
From the Paper
Introduction Globalization is defined as the increasing global interconnectedness of separate markets and cultures due, in large part, to significant advances in technology. Although globalization has many facets, in the past half-century, it has had profound implications on the world. It has connected cultures economically, politically, and socially. Because of this, successful businesses have learned how to manipulate globalization to their benefit. In order to take advantage of the opportunities that globalization offers, a company must understand the organizations that help direct its course.
Tags:tort/contract, liability, land transfer
A look at the history of divorce law in Canada, using the case of Ben and Kate as an example.
Case Study # 131336 |
1,000 words (
approx. 4 pages ) |
3 sources |
MLA |
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$ 21.95
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This paper explores the legal ramifications arising from the decision of a rural couple to terminate their 17-year old marriage. Their case is used as a springboard for further exploring the history of divorce law in Canada and how it has evolved to benefit women. Additionally, the paper also details at length why Kate can reasonably expect to gain access to half of the marital assets - including Ben's pension plan. In the final analysis, the paper argues that Kate - because she has toiled for 17 years as a stay-at-home mom and because of her value to Ben in doing the domestic chores and in assisting whenever necessary on the farm - should be treated equally under the law.
From the Paper
"The following brief paper will explore the legal ramifications arising from the decision of a rural couple to terminate their 17-year old marriage. The paper looks at the history of divorce law in Canada and how it has evolved to benefit women; the paper also details at length why Kate can reasonably expect to gain access to half of the marital assets - including Ben's pension plan. In the final analysis, the paper argues that Kate - because she has toiled for 17 years as a stay-at-home mom and because of her value to Ben in doing the domestic chores and in assisting whenever necessary on the farm - should be treated equally under the law."
Tags:divorce, matrimonial, assets