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Unit 4: Family Law

CHAPTER 15: DIVISION OF FAMILY PROPERTY AND SPOUSAL SUPPORT

E-ACTIVITY: UNEQUAL DIVISIONS OF FAMILY PROPERTY (p. 466)

Activity: Prepare a Case Analysis

While many property division cases in family law involve an equal splitting of the couple's assets, sometimes a judge makes an exception. In what circumstances might a judge allow assets to be divided unequally? How could an equal division of assets ever be unfair or unconscionable?

To consider these questions, write an analysis for a case in which property was divided unequally.

  1. Visit the Web site of the Canadian Legal Information Institute to consider the case of LeBlanc v. LeBlanc.
  2. Prepare a case analysis using the following case-analysis organizer. Click here if you would like to download the organizer.
CASE-ANALAYSIS ORGANIZER
Name of case—complete name indicating all parties; using appropriate format for civil case
 
Name of court—name and particular level of court where the case is heard

 

Citation—legal on-line case reference with a neutral citation; complete and accurate

 

Summary of key facts—key, relevant legal points and facts; concise; in 1-2 paragraphs

 

Applicable laws—e.g., negligence under common law

 

Issue—clear, concise identification of issue(s) to be decided by the court; written in question format (e.g., Was the victim owed a duty of care? Was the standard of care broken?)

 

Case decision or judgment—e.g., the appeal was allowed, a new trial was ordered

 

Reason for decision or judgment—clear summary of rationale for decision, with reference to factors and legislation considered

 

 

 

 

 

 

 

 

 

 


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