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Difference between revisions of "The Law for Family Matters"
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===The common law and legislation=== | ===The common law and legislation=== | ||
This leads to another important aspect of our legal system and the common law. The courts and the common law also play a role in interpreting laws made by the governments. Much of the case law in family law matters doesn't deal with ancient common law principles | This leads to another important aspect of our legal system and the common law. The courts and the common law also play a role in interpreting laws made by the governments. Much of the case law in family law matters doesn't deal with ancient common law principles; it deals with how the courts have interpreted the legislation bearing on family law in the past. For example, [http://canlii.org/en/ca/laws/stat/rsc-1985-c-3-2nd-supp/latest/rsc-1985-c-3-2nd-supp.html#sec15.2subsec4 s. 15.2(4)] of the ''[[Divorce Act]]'' says that in considering a claim for spousal support, the court must: | ||
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A lot of the case law | A lot of the case law that deals with spousal support is about how this particular section of the ''Divorce Act'' has been interpreted in past cases. A lawyer making an argument about why spousal support should be awarded to her client now might make an argument to the judge supported by case law showing how this section has been interpreted to award spousal support in the past to spouses in circumstances similar to those of her client. | ||
===Finding case law=== | ===Finding case law=== | ||
