Legal Definitions - degree of relationship

The degree of relationship refers to the legal measure of how closely two individuals are connected, typically through blood (biological ties), marriage, or adoption. This measure is important in law because it can determine rights, responsibilities, or restrictions in various situations, such as inheritance, marriage eligibility, or avoiding conflicts of interest.

Here are some examples illustrating how the degree of relationship applies:

• Inheritance Laws: When a person dies without a will (known as dying intestate), laws dictate who inherits their property based on their degree of relationship to the deceased. Those with a closer degree of relationship typically have a stronger claim to the estate.

  • Example: If Maria passes away without a will, leaving behind a husband, two children, and a brother, the law will prioritize her husband and children for inheriting her assets. This is because their degree of relationship to Maria (spouse and direct descendants) is legally considered closer than her brother's (sibling).

• Marriage Eligibility: Many jurisdictions have laws that prohibit marriage between individuals who are too closely related, often referred to as "prohibited degrees of consanguinity" (blood relationship) or "affinity" (relationship by marriage). The degree of relationship defines these boundaries.

  • Example: David and Emily, who are first cousins, wish to marry. In some countries or states, their degree of relationship (first cousins) might be legally prohibited for marriage, while in others, it might be permitted. The specific legal definition of "degree of relationship" in that jurisdiction determines whether their marriage is lawful.

• Jury Selection and Impartiality: To ensure fairness in trials, potential jurors may be disqualified if they have a close degree of relationship to any party involved in the case (e.g., the plaintiff, defendant, or a key witness). This prevents potential bias.

  • Example: During jury selection for a criminal trial, a potential juror discloses that her aunt is married to the defendant's father. Although not a direct blood relative of the defendant, this degree of relationship by marriage might be deemed too close to guarantee complete impartiality, leading to her exclusion from the jury.