mid term 1 study guide

mid term 1 study guide - Hague Convention: "best interest...

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Hague Convention : “best interest of the child” in light of “the family as the natural and fundamental group unit of society entitled to protection by family and state” - children are vulnerable and future of nation. Pg 24-30 Mabena v. Letsadlo (Supreme Court, Transvaal Province, 1998) Facts: husband died, wife claimed they were married, money received? Rules: who should get lobolo, who can negotiate the marriage? Court decides through only men customarily where able to negotiate, looking at it from a modern standpoint, it was valid. - failure of groom’s parent, esp father to participate, didn’t mean a marriage hadn’t occurred - many men are independent and can negotiate on their own. Brides mom negotiated bc she was head of family- dad not part of fam Conclusion: marriage is valid. Customary law is in a state of continuous development, its about law in practice, not on books. “new south Africa” wives have full legal status and capacity - Same sex marriage defined similarly in US and Canada-common law colonization - equal protection clause Defense of Marriage Act (1996) defined marriage for ged gov purposes as limited to heterosexuals and enabled states to do the same, this state const. amendments banning gays. Canada- Charter of Rights and Freedom (1982) grants broad protection for civil liberties under a bill of rights. - don’t have judicial activism like us. P. pg. 42 -47 How to decide if marriage is accepted in other countries? Hague Convention and conflict of laws ( how 1 jurisdiction will look at the laws of another - diff laws/practice). Were the formal steps of marriage taken? Were there defects in the process of licensing/solemnization? American trend- apple lays and rules to uphold the marriage. If the couple see themselves as married and live accordingly, minor technicalities shouldn’t matter. Gomez v. Windows of the World Facts: w. Gomex dies on 9/11. wife filed for workers comp. elisa Gomez objected saying she was real wide. He married her in Columbia in ’84, emigrated to UM in ’91 and married 2 nd wife in 1992. Issue: Was 1 st marriage valid? Was 1 st wife divorced when she married Gomez? Rule: under Columbian law, a “separacion de cuerpos” can be used to dissolve a marriage. Isnt merely an agreement of separation. Application: 1 st provided proof that she wasn’t married at the time oh her marriage to him, her marriage to him is valid. Nothing indicated he divorced her. Married women lose citizenship upon marriage? - CEDAW (the Convention on the Elimination of Discrim Against Women): women have equal rights to acquire, change, and retain nationality, but some nations have reservations to this. Right to 1) enter into marriage 2) choose spouse and have free and full consent 3) rights and respons. During marriage and dissolution 4)parents 5) number and spacing of kids 6) guardianship, wardship,
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This note was uploaded on 04/23/2008 for the course LEGAL 391 F taught by Professor Jones during the Spring '08 term at UMass (Amherst).

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mid term 1 study guide - Hague Convention: "best interest...

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