What is the father of the bride test? I have been watching a Supreme Court hearing, and there are certain things that I don't understand. I have also not been able to find what these things mean on the internet. The Supreme Court hearing is: https://www.supremecourt.uk/watch/uksc-2020-0133/150621-am.html What is meant by &quot;the father and the bride test&quot;? (approx 33min in)
This is an appeal from the decision in A Local Authority v JB [2020] EWCA Civ 735. In the part of the hearing to which you refer, Lord Stephens is asking the appellant’s counsel about the following principle, quoted at [31] of the judgment under appeal: When considering capacity to marry, the question is whether X has capacity to marry, not whether she has capacity to marry Y rather than Z. The question of capacity to marry has never been considered by reference to a person's ability to understand or evaluate the characteristics of some particular spouse or intended spouse: Re E (and Alleged Patient); Sheffield City Council v E and S [2004] EWHC 2808 (Fam). In Re E, Munby J said at [91]: The point is suggested by Miss Waddicor's very pertinent rhetorical question: Can it seriously be suggested that the court has the right to vet E's suitors, to decide that X is suitable but that Y is unsuitable, to select who E is to marry? The answer to that question, in my judgment, is that the court quite clearly has no such role. The ‘father of the bride test’ is the proposition rejected here: that the Court of Protection could play the traditional role of the father of the bride, by granting permission to marry a particular person, rather than determining the person’s capacity to marry in a more general sense.
I think the answer is that, despite the wording in the question, this case is simply easier. Note that the Attorney General is listed as the applicant, rather than the appellant. The case is a straightforward action for contempt of court but since the court in question is the Supreme Court, it heard the case itself (although with a different set of judges).
The only one I can find so far relates to a Brazilian citizen getting married abroad, called a: Consular Declaration of Civil Status These are issued by the Consular Authority to: Brazilian citizens who intend to marry before a foreign authority within their jurisdiction. The document is issued in English. Source: gov.br (I have yet to find if a comparable certificate is available in-country, for marriage or otherwise, but none of the official guidance sites I have trawled though mention it)
Alternate explanation: Richard is saying that the witness has no &quot;testimony that would assist in making a determination of guilt or innocence&quot;, and therefore should not be allowed to testify.
Most judges went to law school Therefore, my null hypothesis is that they have next to no knowledge of statistics and couldn’t tell a median from a mean on their best, let alone, their average day - mean, median, or mode. Courts turn to experts to fill in the gaps in their knowledge. If they are asking the wrong questions, then it is the expert’s job to, respectfully, tell them so and guide them to the right questions. However, you shouldn’t guess what the right question is. “Excuse me, your honour, the term “statistical significance” can’t be applied to a data set, only to the result of an a priori null-hypothesis tested against that data set.” Feel free to explain p hacking if necessary. Ask the judge to explain, in layman’s term, what they want from you. Feel free to admit that just like you don’t understand their legal jargon, you don’t expect them to understand your statistical jargon; if everyone speaks plain English, you can go and do your statistics thing and they can go and do their law-talking thing.
&quot;Why&quot; someone did something is potentially off-topic, but in regards to your hierarchical image - it lacks provenance so cannot be tested, however according to the official judiciary website: The Master of the Rolls is second in judicial importance to the Lord Chief Justice.
Every state requires at least two witnesses to a will unless it is entirely written in your own handwriting. A lawyer as a witness is fine. A spouse as a witness is not ideal as she would be an interested party if there was a dispute over whether it was executed. It may not be prohibited, but I would never do that in my practice ever. I discontinued a will signing just last week because we only had a lawyer and a spouse and not other witnesses. I would be somewhat concerned.
I don't think that's an accurate interpretation of the statement. The key difference between the two scenarios is the defendant's legal assessment of who owns the necklace. In the first he thinks he is the owner and can claim mistake of law; in the second, he he thinks someone else is the owner, so he cannot. To say he believes "the law allows for someone to do whatever they want with lost property even if they know who the rightful owner is" is very different from saying he thinks he's the owner. He doesn't think he's the legal owner, he just thinks he has legal rights that include some rights associated with ownership. So if the defendant's statement had actually been, "I thought I was the owner," that would have been a successful defense when the crime requires depriving the owner of the property. The defense was actually, "I thought I was allowed to deprive the owner of the property," which is an admission of guilt when the crime requires depriving the owner of the property. There are a couple questions here: a. A different crime that did not require intent -- or even required a different kind of intent -- could still lead to a conviction. A legislature is free to define larceny differently, so it could say that anyone who recklessly or negligently deprives another of property is guilty. Or it could say that your state of mind doesn't matter and that depriving another of property is larceny regardless of intent. b. In most cases, the mistake of law defense requires that the defendant honestly believe in the mistake; unlike mistake of fact, it does not require that his belief also be reasonable. Either way, the question of reasonableness would probably be a question for a jury, so a judge wouldn't be able to reject it (except in a bench trial). c. Mistake of law is a potential defense to any crime that requires an intent to do something that requires an assessment of what the law is. So if it's illegal to intentionally have sex with a woman who is not your wife, and you mistakenly believed you were in a legal marriage, sex with your non-wife would not be a crime. It has potentially very broad implications, but keep in mind that in many cases, the mistake a defendant would have to claim would be pretty far out there. If it were illegal to intentionally let anyone under 21 years old into your bar, I guess you could argue that you only let a 20-year-old in because you thought the law started calculating at conception, but I doubt you'll convince a jury. Mistake of law defenses still pop up pretty regularly. Here's one just yesterday from the Tenth Circuit. And this one is a Kansas case where a conviction for carrying a weapon while a felon was overturned because the court wouldn't allow a mistake-of-law defense. The Kansas case, though, uses the more modern definition of mistake of law, which also includes reasonable reliance on official statements from the government. In that case, the felon's parole officer had told him that it was OK to carry a pocketknife, but in reality, the law titled "Criminal possession of a firearm by a convicted felon" prohibited carrying knives, as well.