Tuesday, February 25, 2020

Family Law Essay Example | Topics and Well Written Essays - 4000 words

Family Law - Essay Example The only ground for divorce is the irretrievable breakdown of the marriage which must be proven by at least one of five facts.2 Adultery is one of the five facts capable of proving that the marriage has irretrievably broken down.3 However, using adultery to substantiate that the marriage has irretrievably broken down may be problematic for two specific reasons. First, the allegation that Mr. Murdock has been engaged in several adulterous relationships in the past with the last one ending at least 8 months previously is statute barred. Pursuant to Section 2(1) of the Matrimonial Causes Act 1973, a party is not entitled to plead adultery, if having found out about the adultery, the party seeking to rely on adultery continued to live with the other party for at least 6 months.4 Thus, if Mr. Murdock wanted to rely on your adultery with his son Stuart from several years earlier, he would be time barred since he continued to live with you for more than six months after learning of the affa ir. However, the court may disregard this fact if the adultery is such that the petitioner finds living with the respondent intolerable. Or the adultery may be pleaded as evidence of the breakdown of the marriage or as evidence that the marriage has irretrievably broken down.5 The fact that the adultery has been ongoing for a number of years and the respondent is believed to be currently conducting a sexual affair with his office manager may be sufficient for proving that the pervious adulterous relations are statute barred, are nonetheless intolerable. Even so, the alleged current adulterous relationship can constitute a second fact capable of supporting the ground of the irretrievable breakdown of the marriage. The problem with pleading adultery is that the courts require proof of the adultery. The standard is based on the civil standard which requires evidence showing that on a balance of probabilities, the respondent has committed adultery. Thus, an admission of adultery by the respondent would be sufficient proof.6 At this point, Mr. Murdock has neither admitted or denied the adultery with his office manager, but simply stated that it was none of your business. He may however decide to admit to adultery since he states that he no longer wants to remain married to you. Aside from adultery, there appears to be sufficient evidence of behaviour pursuant to Section 1(2)(b) of the Matrimonial Causes Act 1973. Section 1(2)(b) provides that the breakdown of a marriage can be proved if the court is satisfied that: The respondent behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.7 This section has been interpreted to mean that it is not so much the respondent’s behaviour that concerns the court, but the petitioner’s feelings relative to living with the behaviour.8 Thus the fact that you have suffered depression since giving birth to Jack, the first child of the marriage, suggest that you might find liv ing with the physical and verbal abuse intolerable and thus provide

Saturday, February 8, 2020

Marting L. King JR Research Paper Example | Topics and Well Written Essays - 2500 words

Marting L. King JR - Research Paper Example However, in recent age leadership concept is applied on the basis of intellect and not on intuition as well as on knowledge and expertise and not on power or wisdom. Due to which, maximum extent of the leaders in this age are extremely successful as compared to others. This research paper mainly highlights on the importance and definition of administrative leadership style along with its pitfalls. It also focuses the differences of administrative leadership styles followed by Martin L. King JR as compared to others. Apart from this, it also highlights the relationship between leadership and management in this recent age. Leadership is recognized as the concept of organizing and managing a group of individual in order to achieve the objective of the organization. It may also be described as the style with the help of which the followers or employees of an organization or group become motivated to attain the common goal or objective. However, according to varied researches or studies, it might be depicted that leaders comprise of varied traits such as promising behavior, power, vision, values, challenges, personality and intelligence so as to cope up with various situational interactions. Thus it might be stated that the employees or follower would follow only that individual who comprises the ability to guide or direct others. Leadership is directly proportional with the concepts and aspects of social power or administration. This is because administration is also described as the process to manage and control a specific group of individual within an organization. So it is also quite similar to the features of social power. Administrative leader is recognized as an individual who leads a team and also in-charge of the supervision of the duties and responsibilities of his or her team members. Apart from this, an administrative leader includes the power of communication and effective management of the ideas and