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18 Cards in this Set
- Front
- Back
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In Ontario, what is family law governed by? |
Statute law and case law. |
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What is do sections 91 and 92 of the Constitution Act, 1867 do? |
Divide statute making power between the federal and provincial governments. |
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How does the Constitution Act, 1867 assign jurisdiction? |
1. Jurisdiction over marriage and divorce is granted to the federal government. 2. Jurisdiction over solemnization of marriage and property rights is granted to the provincial government. |
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What level of government holds jurisdiction over divorce? |
Federal government. |
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What level of government holds jurisdiction over division of property? |
Provincial government.
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What level of government holds jurisdiction over custody, child support, and spousal support?
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Federal and provincial governments. |
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If a claim for custody and/or support is made in a divorce proceeding, what legislation governs?
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Federal legislation. |
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If a claim for custody and/or support is made while the marriage continues, what legislation governs? |
Provincial legislation. |
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What are the relevant pieces of federal legislation for family law? |
Divorce Act. |
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What are the relevant pieces of provincial legislation for family law? |
Family Law Act. Children's Law Reform Act. |
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What are the three Ontario courts with jurisdiction over family law? |
1. Family Court of the Superior Court of Justice. 2. Superior Court of Justice. 3. Ontario Court of Justice. |
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If a claim for custody and/or support is made in a divorce proceeding, what legislation governs? |
Federal (Divorce Act). |
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If a claim for custody or support is made while the marriage continues, what legislation governs? |
Provincial (Children's Law Reform Act for custody and Family Law Act for division of property and support). |
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True or false: Historically, jurisdiction over family law matters was split between the province's superior court and the province's provincial court. |
True. |
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How many locations does the Family Court of the Superior Court of Justice have? |
17. |
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What services are offered at each Family Court site? |
1. Family law information center. 2. Mediation services. 3. Legal support services (legal aid and duty counsel) 4. Family law information meetings. 5. Supervised access and exchange center. |
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When the Family Court of the Superior Court of Justice does not govern, what court governs cases that involve divorce or property claims? |
Superior Court of Justice. |
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When the Family Court of the Superior Court of Justice does not govern, what court governs cases the involve only custody and/or support claims?
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Either the Superior Court of Justice or the Ontario Court of Justice. |
