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Five Steps That Show You How To File For Divorce | The legal separation of man and wife, effected, for cause, by the judgment of a court, and either totally dissolving the marriage relation, or suspending its effects so far as concerns the cohabitation of the parties. Atherton v. Atherton, 181 U. S.155, 21 Sup. Ct. 544, 45 L. Ed. 791; Miller v. Miller, 33 Cal. 355; Cast v. Cast, 1 Utah, 112. The dissolution is termed “divorce from the bond of matrimony,” or, in the Latin form of the expression, “a vinculo matrimonii” the suspension, “divorce from bed audboard,” “o mensa ct thoro.” The former divorce puts an end to the marriage; the latter leaves it in full force. 2 Bish. Mar. & Div. TLD Example: The decision by the couple to end their marriage by filing for a divorce shocked their friends and family. See, How Long Does an Uncontested Divorce Take?; What Is an Online Divorce? Explanation and Tips; 5 Ways to Get a Cheap Divorce |
Four Reasons to Use a Bill of Sale Template When Selling a Car | Buying or selling a motor vehicle is a major financial transaction for most people. If you are planning on buying or selling a car, then you have likely done a lot of preparation, such as ensuring you receive or pay a price that seems reasonable to you. What you may have overlooked, however, is the importance of a bill of sale once your transaction is finally completed. A bill of sale is an extremely important document when buying or selling a car and a bill of sale template can help you during your own purchase or sale. Here are just four reasons why you need a bill of sale when buying or selling an automobile. A signed bill of sale provides important legal protections to the buyer and even to the seller. For the buyer, the bill of sale proves that a transaction took place. This information is extremely important if something serious is wrong with the vehicle that the seller knew about but failed to notify the buyer of. Furthermore, without a bill of sale tickets on the vehicle, such as parking and speeding tickets, that are incurred by the new owner could become the responsibility of the previous owner. It is extremely important that when creating a bill of sale that it be signed by both parties. A bill of sale for a car is much more complicated than the receipt you receive at your local supermarket or in most retail stores. In most states, a bill of sale for a car must include relatively detailed information, including the: This information can make registering the car in the new owner’s name much easier since this is also the information many states require during registration. A bill of sale can also make it easier to make a smarter and more informed decision about the car being purchased. While the seller may have provided you with a vehicle history report, you may feel more comfortable carrying out your own check on the vehicle’s history. The information included on the bill of sale can be compared against a vehicle history report to ensure that the vehicle history report is accurate. Also, you can use the bill of sale to conduct your own inquiries into the vehicle’s history. In some states, getting a bill of sale not only makes practical and financial sense, but it is also the law. Additionally, most states also layout requirements for what information must be included on a bill of sale. Some states even require that a bill of sale for an automobile be notarized. Find out your own state’s laws and remember that a bill of sale is not proof of ownership. For ownership, you will need a title transfer. How To Sign Over A Car Title To Someone Writing out a bill of sale is not something that comes naturally to most people. Fortunately, a bill of sale template can help those who are selling or purchasing a vehicle ensure that their bill of sale covers all necessary information and protects them in case a dispute about the transaction arises later on. |
Three Surprising Facts About Holiday Pay | When it comes to holiday pay, Scrooge would love today’s wage and salary laws. As far as federal law is concerned, Christmas, New Year’s Day and even Labor Day are just regular days of the week if they fall on a day on which you are scheduled to work. If your employer gives you Christmas Day off, chances are you are not entitled to holiday pay. Here are three facts about holiday pay that might surprise you. Hourly workers or, as they are officially and legally known, non-exempt employees, are not entitled to any additional pay for working on a holiday as long as it is part of the 40 hours they work that week. The law requires employers to pay you overtime for each hour you work in excess of 40 hours a week. Unfortunately, if Christmas Day is a regularly schedule workday for you, your employer is not required to pay you extra for working on a holiday. Some employers give their workers the day off on certain holidays and, sorry Mr. Scrooge, pay them for the day. Keep in mind that if the company you work for is one of those paying holiday pay, its owners are not doing so because of any legal obligation to do so. They are simply being nice employers. So, you are a non-exempt worker and your employer gives you Christmas Day off without pay. As you now realize, there isn’t much you can do about it. However, if the company holiday party is an event that you are required to attend, the law treats it as a workday for which you must be paid. You religion might not allow you to work on certain holidays. If it is truly a religious belief and your absence will not cause a burden to your employer, then you would have the right to take the day off. Don’t count on getting paid for the holiday unless your employer has a company policy in place of paying its workers holiday pay. Salaried employees are considered to be exempt from the rules that generally apply to hourly workers. Since you are not paid based upon the hours you work, your employer cannot deduct anything from your check if your employer closes on a holiday. On the other hand, if you work on a holiday when other employees are off, you might earn the thanks and gratitude of your boss, but don’t think that working on the holiday entitles you to receive holiday pay. Whether you are an exempt employee or non-exempt, the presence of a union could change the rules about holiday pay. Collective bargaining agreements negotiated by unions could affect your entitlement to holiday pay. The best recourse if you are a union member with questions about payroll issues is to speak with your union representative. |
IRS Form SS-4: Four Ways To Obtain An Employer Identification Number | In much the same way that a person needs a Social Security number in order to file income tax returns, businesses, estates and trusts, and organizations must also have an identification number to put onto the return. An Employer Identification Number, or EIN for short, is an identification number obtained from the Internal Revenue Service for tax-filing purposes. One method for obtaining an EIN is to file IRS Form ss-4, but there are actually four ways to apply of it. It takes about four weeks for the IRS to process an ss-4 form from when they receive it if you apply through the mail. The information requested on an ss-4 includes: . Name and address of the entity or person for whom the EIN is requested . The name and Social Security number or EIN of a responsible party acting on behalf of the entity or organization applying for an EIN . The type of entity or organization . The reason for applying for an EIN . Number of employees of the entity The ss-4 must be signed by someone authorized to sign on behalf of the party or entity in need of the EIN. The completed application must be sent to the IRS processing center indicated in the instructions that accompany the ss-4. The IRS allows you to file your Form ss-4 with them via fax. The process is essentially the same as applying for an EIN through the mail except that the completed ss-4 is sent by fax. The processing time for a faxed application is four business days from the date of its receipt by the IRS. The EIN will be sent to you by fax once the application is processed. The fastest way to obtain an EIN is to apply for it over the internet. You can go to the IRS website and complete an online application that asks for the same information contained in the paper ss-4 you fill out to apply by mail or by fax. The owner, general partner or officer of a business entity must have a Social Security number or EIN in order to apply online. Executors of estates and trustees of a trust applying for an EIN must have their own Social Security number or EIN in order to complete the online application process. The online application will get you an EIN immediately. As soon as you complete the online process, the website issues you the EIN and allows you to print, save and download confirmation. Telephone applications for EINs are available to international applicants. The process involves the answering questions concerning the information on the Form ss-4. Whether you apply online, through the mail, by fax or by telephone, the IRS does not charge a fee for an EIN. IRS Form ss-4 can be obtained free from the IRS website. Businesses and entities that already have an EIN might need to obtain a new one if there has been a change in ownership. |
Three Things You Need To Know If You Are The Victim Of Workplace Harassment | Federal laws and Department of Labor policies prohibit workplace harassment. Most states also have laws against such conduct, so if you are the victim of harassment in the workplace, you have remedies available to you at both the state and federal levels of government. Workplace harassment is usually associated with offensive conduct of a sexual nature, but other forms of more subtle behavior in the workplace can also be a violation of the law. These three facts about workplace harassment will help you to recognize it, and know what to do if you are a victim. Federal laws treat harassment in the workplace as a form of discrimination. Harassment is any unwelcome conduct related to another person’s age, nationality, race, color, religion, gender, genetic information or disability. The workplace harassment usually takes on one of two forms: Quid pro quo harassment or hostile environment harassment. Quid pro quo harassment is when you are forced to endure and accept offensive conduct as a condition of continued employment or other favorable employment decision from someone acting in a supervisory role over you. Examples of this type of harassment include: . Being fired or demoted because you refused a boss’s sexual advances . Being denied a promotion or being assigned fewer work hours because you refused to engage in a religious activities at the workplace The other type of harassment in the workplace is hostile environment harassment. Unwanted conduct from co-workers, contractors or other people at your workplace that creates an intimidating, hostile or offensive environment for you is workplace harassment. A hostile environment can be created even though the conduct might not have been directed at you. Any behavior that is pervasive or severe enough to make you feel uncomfortable or intimidated is a violation of the law. Examples of hostile environment harassment include: . Co-workers telling off-color jokes or using profane language related to race, nationality, religion or other similar topics that you consider to be offensive . Comments about a person’s physical attributes . Making sexually suggestive gestures . Displaying pictures or images that are sexually suggestive . Engaging in physically hostile conduct, such as making threats of physical harm The truth is that conduct that you might consider as being offensive might be acceptable to someone else. Because of this, courts apply a reasonable person standard when evaluating behaviors that are claimed to be offensive. Judges look to see if the conduct was solicited or invited by the employee claiming to be offended by it. As a general rule, if you are subjected to conduct that you find to be offensive or that might be a form of workplace harassment, complain to a supervisor. If the person engaging in or allowing the behavior is your supervisor, you should complain to someone in a higher management position in your company. Employers that fail to institute measures to stop workplace harassment can be liable for damages under state and federal laws. When in doubt about what to do, speak to an attorney or file a complaint with your state labor department. |
What are the Differences Between Civil Unions and Marriages? | When the U.S. Supreme Court effectively made same-sex marriage legal across the United States in 2015, it seemed as though the debate between civil unions and marriages was over. However, while same-sex marriage is now legal in the U.S., civil unions and similar types of unions, such as domestic partnerships, still exist in some states. Understanding the differences between civil unions and marriage can be difficult, especially as the impact of the Supreme Court’s landmark ruling continues to be felt. With the changing nature of this important legal issue kept firmly in mind, here are some of the differences between and similarities among civil unions and marriages. Most states passed civil union laws in order to give same-sex couples most or all of the rights afforded to married couples without actually granting them the formal recognition of being married. In many states, civil unions were legalized prior to the legalization of same-sex marriage. Therefore, some states that had recognized civil unions subsequently converted those unions to marriages once they legalized same-sex marriage. In other words, civil unions are marriage-like without formally being recognized as marriages. Civil unions are offered on the state level and, therefore, the rights afforded to people in civil unions are limited to those that can be granted by states (as opposed to rights granted by the federal government or other states). Civil unions, therefore, often grant inheritance rights, spousal employment benefits, joint ownership rights, joint parental rights, spousal support rights, and the right not to testify against one’s civil union partner. The biggest drawback of civil unions, however, is that they are often only recognized by the states where such civil unions are issued. Civil unions are not recognized under federal law and many states also don’t recognize these unions. This lack of recognition is extremely important since married couples are entitled to a number of federal benefits through their spouses, including rights and benefits related to Social Security, Medicaid, and immigration. The only civil unions recognized by the federal government are those that have been converted into marriages. Likewise, because states are responsible for setting out their own marriage laws, civil unions may not be recognized in all states. This lack of recognition can pose major problems and challenges if a couple in a civil union decides to move to a state where their union is no longer recognized. Domestic partnerships are often the same as civil unions. In most cases, the only difference between a civil union and a domestic partnership is that one term is used in certain states while the other term is used in the remaining states. Now that same-sex marriage is legal in the U.S., the importance of civil unions and domestic partnerships has declined considerably. However, civil unions do continue to exist in a handful of states. People who remain in these unions should understand how their rights and benefits may have been impacted by the Supreme Court’s ruling and whether marriage may be a more practical course of action given the questionable relevance of civil unions going forward. |
Four Reason Why a Landlord Can (and Can’t) Reject a Rental Application | Applying for a rental apartment, especially in hot markets like New York City and San Francisco, can be a stressful experience. Making a rental application is a major step in any apartment hunt as it shows a very serious desire to rent out the dwelling place in question. For many prospective tenants, the rental application can lead to a lot of anxiety, especially if they have concerns about the application getting rejected. While landlords are free to mostly choose whomever they want to live in their buildings, state and federal laws do prevent certain forms of discrimination against prospective tenants. Here are three reasons why a landlord can turn down a rental application–and one big reason why they cannot. Most landlords will ask about a prospective tenant’s income and will also check his or her credit history. A landlord wants to be assured that a tenant will be able to pay rent on time each month. If a prospective tenant’s income appears too low or if their credit history reveals a large number of debts or a history of late payments then the landlord is free to reject the application. It is at the landlord’s discretion to decide what a suitable income level is, but many landlords aim for tenants for whom rent will not account for more than a third of their incomes. A landlord can also check a prospective tenant’s references and is especially likely to do so if those references include former landlords. A landlord is free to reject a person’s rental application if his or her references reveal problems, such as damage that was incurred to previous properties the tenant occupied or noise complaints against the tenant. Additionally, a landlord can reject a rental application if the applicant was subject to an eviction notice. A landlord owns the building an applicant is trying to become a tenant of, meaning the landlord is largely allowed to choose who stays in that building so long as his or her choice does not violate anti-discrimination laws. Groups that are not protected by anti-discrimination laws, such as smokers and pet owners, can be rejected by landlords. Landlords are also allowed to reject applicants if they have a prior criminal conviction. The main reason a landlord is not allowed to reject a rental application is if the refusal violates federal or state anti-discrimination laws. Federal anti-discrimination laws prevent landlords from rejecting rental applications on the basis of race, age, gender, color, religion, origin, familial status, and/or a disability. States may have their own anti-discrimination laws that go further than federal protections, such as laws preventing refusals on the basis of marital status, sexual orientation, immigration status, or gender identity. Knowing why a landlord can and cannot reject a rental application can help those who are looking for a new apartment save time by quickly recognizing places that they are more likely to qualify for. Of course, while landlords have a great deal of power when deciding which rental applications to accept or reject, many landlords are also open to negotiating with prospective tenants if an issue does arise. |
Three Essential Things To Know About Pain and Suffering | If you suffer an injury as the victim of another person’s negligent conduct, you might be entitled to collect damages. You will probably hear your attorney refer to pain and suffering playing a key role in the amount of damages you will receive by way of a settlement or in a jury verdict awarded after trial. There are three essential things you should know about pain and suffering to understand the value of your case. Lawyers usually refer to pain and suffering as the physical or mental pain and anguish a victim experiences from having suffered a personal injury. Whether it is the result of a motor vehicle accident, a slip-and-fall, or any type of accident caused by another individual, the current and future pain you experience could limit your ability to live a normal life. For that reason, pain and suffering is as much a part of how courts and insurance companies decide on the amount of compensation you should receive as an injured party as are lacerations and broken bones. The pain you suffer as a result of an injury could be either physical or emotional. Pain and suffering includes physical pain and mental pain or, as it is frequently referred to, mental anguish. An accident victim might suffer from any of the following examples of mental pain and suffering: . Depression . Inability to control anger or other emotions . Anxiety . Sexual dysfunction . Inability to sleep . Loss of appetite In particularly severe cases, injury sufferers have been diagnosed as exhibiting signs of post-traumatic stress disorder. Treatment for conditions falling under the category of mental pain and suffering could include a combination of medication and counseling that might be required over an extended period of time. Some states have laws imposing limitations the pain and suffering. States limit the recovery of pain and suffering damages in motor vehicle accidents unless the injured party can prove that he or she incurred medical and other out-of-pocket expenses exceeding a specific amount. Unlike broken bones and other types of injuries that can be exhibited to a judge or to a panel of jurors, it is difficult to prove the existence and degree of the pain, discomfort and mental anguish suffered by an accident victim. A journal or diary maintained by the victim might be one way to prove how his or her life has been affected by the injury. Frequently, the testimony of friends and relatives of the victim might be used to establish the effect the injury had on the individual’s life. The testimony and written report of a psychologist or other mental health provider who treated the victim could also be used to establish the existence and extent of pain and suffering. Deciding on a fair amount for pain and suffering is anything but an exact science. Attorneys and insurance adjusters sometimes arrive at a figure by multiplying the victim’s out-of-pocket expenses by a number from one through five that is supposed to represent the severity of the injuries. |
Strict Construction Has Been Debated For More Than 200 Years | The concept of strict construction has usually been associated with the United States Supreme Court and how some of its members interpret the Constitution. Someone who is a strict constructionist believes that the literal meaning of the words should be adopted, but it can also mean that the language used in the document should be given the meaning that was given to the words at the time of its creation. One of the earliest, so-called, strict constructionists was Thomas Jefferson who opposed Alexander Hamilton’s proposal for the creation of a national bank under the control of the federal government with the power to print money. Jefferson was a champion of the rights of the states. This included his belief that only state governments had the authority under the Constitution to create new banks. According to Jefferson, a strict construction of the language used in the Constitution could lead to no conclusion other than those powers not specifically conferred on the federal government remaining within the sole province of the states. Hamilton disagreed and argued that Article I, Section 8, Clause 18 of the Constitution gave Congress the power to enact laws that were necessary and proper to carrying out the powers of the federal government. It was the acceptance of Hamilton’s much looser interpretation of the Constitution than the strict construction applied by Jefferson that convinced President Washington to sign the legislation creating national banking system in the U.S. The debate engaged in by Jefferson and Hamilton in 1791 over the meaning to be given to the words contained in the Constitution continues more than 200 hundred years later. Some scholars argue that the drafters of the Constitution purposely left the language of the document imprecise in some instances so that it could be interpreted by future generations living in a world that would be much different than that of the 18th century. These so-called “loose constructionists” believe that looking at the meaning of the words in the context of society as it exists today. Someone who believes in a strict construction of the Constitution would read and interpret the words as they were written in 1787. The words would be given their 18th century definition. Strict construction is not limited only to the Constitution. The role of state and federal judges is to interpret and apply the law, and some states have rules directing judges to avoid strict construction of the laws. Other states leave it up to the discretion of each judge to determine the meaning to give to the language of a statute. Some judges adhere to the principle that if the language of a specific statute is clear and is not ambiguous then no interpretation is needed. Judges can also interpret the language of legislation by applying common meanings as might be applied to the words by an average person. |
Three Conditions Required For Respondeat Superior | The law generally makes each person responsible for his or her actions. If the car you are driving crashes into another vehicle because you were not paying attention, the law makes you liable to pay compensation to anyone injured due to your negligent conduct. However, if the accident happened while you were making deliveries on behalf of your employer, the principle of respondeat superior could impose liability for the injuries suffered by the victim. Health care is one industry in which the principle of respondeat superior is having a major impact. Doctors and other health care providers are, according to the laws existing throughout the United States, responsible for their negligent acts committed while rendering care and treatment to patients. Respondeat superior is being used by the victims of medical malpractice to hold not only the treating physician but also others, such as hospitals and medical practices, for the negligence of their employees. Imposing liability on someone who might have done nothing wrong might appear to be contrary to most legal principles. The doctrine of vicarious liability evolved because there are instances when the conduct of one person is so closely controlled by or related to another individual that it makes sense to link them for purposes of assessing liability. For example, some states have enacted laws making parents vicariously liable for wrongs committed by their children on the theory that it is a parent’s responsibility to supervise his or her child. A trucking company that orders its driver to dump potentially hazardous materials in violation of the law could be held responsible for its drivers’ actions under the concept of vicarious liability. Respondeat superior is an extension of the principle of vicarious liability that holds an employer responsible for the conduct of an employee. The responsibility of the employer is dependent upon the ability of the injured party to prove negligence on the part of the employee. In other words, if there is not enough evidence to prove that an employee was negligent, then the case would have to be dismissed against the employer as well. Of course, if there is evidence to prove negligence on the part of the employer independent from the actions of the employee, a case could be brought for damages for personal injuries directly against the employer. This might happen in a situation in which an accident happens involving a truck with faulty breaks. Even if the evidence does not establish the negligent operation of the vehicle by the driver, an accident victim might have a claim directly against the trucking company for failing to properly maintain its vehicles. The party in a lawsuit attempting to hold an employer vicariously liable for the actions of an employee must prove each of the following: Proving that someone is an employee at the time of an accident is usually accomplished through payroll or other records obtained from the individual’s employer. It can also be proven through the testimony of anyone with knowledge of the relationship existing between the employee and the person or entity claimed to be the employer. Proof of the fact that someone was acting within the scope of employment at the time of the occurrence could be more difficult to obtain by an injured person making a claim. A truck driver who stops to assist a motorist whose car broke down and causes damage while trying to repair it is not necessarily engaging in an activity for which he or she was hired by the trucking company, so liability might remain entirely with the truck driver for any negligence that caused the damage. Acting outside of the scope of employment can be an issue in any profession or industry. Medical professionals on the staff of hospitals and medical centers could be considered as employees resulting in their employer being held liable for their actions. If a doctor employed by a hospital injures a patient while moonlighting at a local clinic that is not affiliated with the hospital, the activities would appear to be outside of the scope of the physician’s employment by the hospital and not subject to the application of respondeat superior. The element of proving a claim under the theory of respondeat superior requiring evidence that an employee’s activities benefited the employer is heavily influenced by the facts and circumstances of each case. For example, a truck driver talking on a cellphone with his dispatcher to get the address of the location for the next delivery has an accident and injures another motorist. If the injured motorist can prove that the truck driver was working and making deliveries on behalf of his or her employer, the principle of respondeat superior could apply and allow the employer to be named in a lawsuit for damages. There might be a different result if at the time of the accident the driver of the truck had interrupted his deliveries on behalf the trucking company to help a friend move some furniture. Such activities would not be a benefit to the employer and would probably also be outside of the scope of the driver’s duties for which he or she was hired. There could be a different result if the driver asked his employer for permission to use the truck on his lunch break to help move furniture for a friend. Unless the employer refused to give permission for the activity, the employer could be held responsible under the principle of respondeat superior because of the consent given to what would otherwise be an activity not related to the truck driver’s duties. Motor vehicle accidents are not the only situations in which an employer might be held responsible for the negligence of an employee. Hospitals can be liable for the negligent acts of doctors, nurses, and other individuals employed by them. The same three elements must be proven to link the hospital with the conduct of the employee in order for an injured patient to recover damages. Attending physicians charged with the responsibility of overseeing the activities of medical students, interns, residents, nurses and others performing services on behalf of patients could be held liable for the activities of those he supervises. Although an attending physician is an employee of the hospital at which he or she works and does not serve as an employer of the health care providers being supervised, there could be a vicarious liability on the part of the attending physician. A defense that is frequently raised in cases of vicarious liability focuses on the limited amount of supervision and control one person or entity exercises over another. A hospital, for instance, might claim that its supervision over the activities of doctors who have staff privileges is minimal at best. Its defense would involve showing that doctors with staff privileges are not employees and, therefore, not under the control of the hospital. An independent contractor might be hired to perform work or services on behalf of a person or entity. Independent contractor law does not classify the person as an employee. In fact, the party hiring an independent contractor asserts little control over the activities of the contractor. Independent contractors work under their own direction and without supervision or control by the party engaging their services, so determining whether vicarious liability and respondeat superior principles apply can be difficult when personal injury claims arise. As a general rule, independent contractors set their own schedules, provide their own equipment and tools, and work free from the control of the person who hired them. Under such circumstances, an accident caused by an independent contractor might not give rise to a vicarious liability claim by the injured party against the entity or individual that hired the contractor. The facts and circumstances under which an independent contractor is hired and works would have to be carefully investigated and analyzed to determine the degree to which the contractor’s activities are controlled by another party. The fact that someone is identified as an independent contractor does not determine that person’s status. Vicarious liability will depend upon the degree of control and other factors that are more critical to the issue of a liability than simply the name. An attorney is an excellent source of guidance and legal advice when issues about vicarious liability and respondeat superior arise. Whether you are an injured party or someone against whom a claim for compensation has been made, knowing your rights and obligations under the laws of your state is critical to protecting your ability to file a claim or defend against one. |
Is Slander Protected by the First Amendment? | Unfortunately, defamation of character claims are extremely difficult to prove in the court. As the plaintiff (the accusing), the burden of proof falls on you to prove the defendant (the accused) did what you’re claiming. Additionally, slandering is considered a “tort“, which is a civil wrong, rather than a criminal one. But before we can talk about how to move forward with a defamation case, we need to understand what defamation is. At its core, defamation is a catch-all term used to describe a statement that unjustly hurts someone’s reputation. Libel is the written form of a statement that hurts someone’s reputation while slander is the spoken form, but with the advent of the internet, things can get a little more complicated than that. This type of defamation refers to a defamatory statement or representation made in a printed or fixed format. It can involve text, pictures, or both. For example, a photograph used out of context can constitute libel. Moreover, the person publishing the statements or photographs must do so knowing that they are presenting false information. When one person verbally makes a defamatory statement or, occasionally, hand gestures and facial expressions can be considered libel. The words or physical actions must somehow undermine the reputation of the accused. Again, the person making the slanderous statement must know that they are spreading false information. The First Amendment (freedom of speech) does not protect slander or libel. Individuals possess a right not to be subjected to falsehoods that impugn their character, so slander cannot be protected. But with the first amendment being the most vigorously protected amendment, there are some grey areas and ethical implications of defamatory statements – protected or not. Additionally, the first amendment does not protect things that may lead to criminal acts or endanger public safety. Saying something that could cause public panic, like the classic “There’s a fire!” in a movie theater, is not protected by free speech laws. Likewise, inciting another person or group to commit a crime is also not protected by the First Amendment. Similarly, the First Amendment does not allow for sedition, which is speech that advocates for the violent overthrow of the government or committing crimes against the government. First of all, you have to prove the statement was an intentional misrepresentation or lie. With slander (verbal defamation,) things get a little tricker. Of course, a key portion is that you have to prove – beyond a reasonable doubt – that this person actually said what you’re claiming they said. The trickiest part for libel lies in the second portion: proving that the defamatory statement was intended with actual malice. An untrue statement, to be considered defamatory, needs to be said with the intentional misrepresentation of facts with the intention to cause you harm. IE: The person needs to be knowingly lying while knowing this lie will cause you harm. Most lawyers will tell you this is the most challenging part of the process. First, understand that there is a clear difference between a statement having the potential to cause you harm and a statement actually causing you harm. It is only considered defamation of character if the statement has caused you harm already, not if it has the potential to cause you harm. This is a tricky line to walk for the court and a frustrating one for many people who are looking to prevent damage. But the court cannot act on something that might happen unless there’s proof that something has already happened. IE: if you’ve already seen negative effects, you’ll likely see more if this went unchecked. If you haven’t, there’s a chance you may never see any negatives as a result of the slander or libel. In order to win the claim, you are going to need to prove that the false statement has ruined your reputation. If you are a business owner, for example, you would need to prove how the statement has had a devastating impact on your business. If you are the only one who knows about this lie, it doesn’t count as slander, libel, or defamation since it can’t hurt your reputation. Unless there’s the threat to release this information, which would count as blackmail. The interesting thing to note about publication is that it’s not in the modern context, where it’s been published. It just means that it was done in a way where other people heard, saw, read, or otherwise came across this harmful lie about you. IE: it was public in some way where a third party was exposed to the statement. This could be untrue and damaging images, articles, emails, or other written communication that was shared with more people than just yourself (libel.) Or it could be gestures, spoken words, or something else not otherwise in a tangible form that was done in front of – or towards – other people about you (slander.) On top of this, the statement must also be considered “unprivileged.” Since free speech and defamatory cases seem to be on conflicting sides of the constitution, the court decided to protect certain scenarios and interactions from being brought to court on defamation suits. These protected scenarios and interactions are called “privileged.” They include scenarios in which false statements can cause you harm, such as witnesses who falsely testify. Most lawmakers also fall into this “privileged” bucket in the legislative chambers and in official documents and material. That’s not to say that these statements can’t face legal action, just that “privileged” statements cannot be considered defamatory. Even if they are otherwise. Fortunately, unprivileged statements cover the majority of defamatory statements. These are the kinds of statements that are made in everyday life, online, and outside of the courtrooms and chambers. When libelous and slanderous statements are made in public, the affected party should seek a retraction before filing a complaint in court. If there is evidence of the alleged defamer refusing to retract the statements, it would be easier to win the case in court. But what does “winning” a defamation case look like? For compensation, the court must decide on the amount of “reasonable of injury.” For example, if a politician feels defamed by statements that attempt to connect her with criminal organizations, the court will consider that people in the public eye should expect that sort of circumstance. This damage would likely be considered lesser – if damaging at all. In most cases involving defamation of character, the court will seek a resolution that is both uncomplicated and respectful of the First Amendment. This could mean accepting a retraction from the respondent published in the newspaper of record. If you think you have a case and would like to take action, we have some articles and resources to help you take the next steps: In 2017, actress Rebel Wilson was in a defamation of character case. After the release of the hit movie she co-starred in, Pitch Perfect 2, a media company (Bauer Media) published several articles about her. They stated she was “a serial liar” and “fabricated almost every aspect of her life.” Bauer Media continued to accuse her of lying about her “age, upbringing and the origin of her name,” according to The Washington Post. Because of the blatant dishonesty of these statements, Wilson was able to easily prove they were untrue. However, proving Bauer Media had the intention of causing her harm, as well as proving that they actually caused her harm was less black-and-white. Wilson stated that the claims not only hurt her reputation but caused her to be overlooked for acting roles and lost her money. After uncovering the source of the false information, it was brought to the court’s attention that the source was paid and had a grudge against Wilson. It was also discovered that the claims were intentionally published around the same time Pitch Perfect 2 was released to attract timely attention. Wilson was awarded more than $3 million in damages. On the day of the verdict, she Tweeted, “Today was the end of a long and hard court battle against Bauer Media who viciously tried to take me down with a series of false articles.” You can also have a look at how to prove workplace discrimination. |
The Four Tests Used for Determining Legal Insanity | The insanity defense often stirs up quite a bit of debate, especially among members of the public who may not be fully aware of how courts determine whether or not a person is legally insane. It should not be surprising that “not guilty by reason of insanity” provokes such strong feelings. After all, in such cases, the accused has admitted to committing the crime but is nonetheless found not guilty because he or she lacked the mental competence to understand that what he or she was doing was wrong. Courts throughout the United States typically rely on a number of tests for determining whether the accused was legally insane when an offense was committed. Here are the four most important such tests used for determining legal insanity. The M’Naghten rule, named for Englishman Daniel M’Naghten, who was found not guilty by reason of insanity in 1843 for murdering the Prime Minister’s secretary, is used by a majority of states and was fundamental in establishing the insanity defense. With the M’Naghten rule, a defendant is deemed to be legally insane if he or she was unaware of what he or she was doing when the offense was committed or, even if the defendant knew what he or she was doing, that defendant was incapable of understanding that what they were doing was wrong. In some cases, however, a defendant may know that his or her actions were wrong, but committed them because of an “irresistible impulse.” The “Irresistible Impulse” test is used by a number of states in combination with the M’Naghten rule. With the “Irresistible Impulse” test, the focus is on volition. Essentially, the test allows for a defendant to be found not guilty by reason of insanity if his or her mental illness meant that, although recognizing the wrongness of the offense, he or she was compelled to commit the offense anyway. What’s the difference between the insanity plea and incompetency? Today used only in New Hampshire, the Durham rule places a great deal of emphasis on scientific psychological evaluations and evidence. In most cases, juries follow the diagnoses made by trained professionals in determining whether the accused is guilty. This test has largely fallen out of favor, however, since it takes much of the decision-making abilities out of the jury and places it in the hands of psychologists (who, sometimes, may even disagree among themselves about a defendant’s insanity). The Model Penal Code is an updated definition of the insanity defense and addresses some of the weaknesses of the above tests. The Model Penal Code tends to be much broader than the relatively rigid M’Naghten rule, but also incorporates the centrality of the defendant’s volition that is addressed by the “Irresistible Impulse” test. As such, it is usually used by states that do not use the M’Naghten rule. The Model Penal Code also prohibits psychopaths and sociopaths from using the insanity defense. The four tests described above are the most important ones for helping a court determine a defendant’s claim that he or she was legally insane when an offense was committed. While the insanity defense has long been controversial, these tests help ensure that criminal justice remains fair even in cases involving severe mental illness. |
Three Challenges for Intellectual Property Law Today | It is often said that much of today’s economy runs on ideas. Bestselling novels, advanced technologies, and new businesses: all of these things, and more, began with an idea. As a result, intellectual property law has taken on a significant role in today’s world. To put it in crude terms, intellectual property prevents one person or organization from stealing another person or organization’s ideas. Intellectual property covers a large area of law, including patents, trademarks, copyright, and trade secrets. Since for many businesses and entrepreneurs an idea is their key to economic success, being able to protect intellectual property is crucial in today’s information economy. However, while intellectual property law has played an important role in shaping today’s world, it also faces quite a few challenges and controversies going forward. Here are just a few of those challenges. Intellectual property laws are supposed to foster innovation by helping entrepreneurs make a profit off of their ideas. Allowing patents and copyrights to be used by anyone would result in the originators of ideas losing out on the opportunity to make money off those ideas, which in turn would hinder innovation. However, some economists have argued that current intellectual properties have gone too far and are actually hurting innovation. They point out that by copyrighting and patenting too many ideas, it becomes difficult for small or medium-sized businesses to afford the patent rights necessary to build on the innovations of previous inventors. One controversial aspect of intellectual property is that medications can also be patented as intellectual property. Again, such patents help encourage pharmaceutical companies to seek out advances in medications that could, in turn, help save countless lives. However, patenting medication can also lead to people who most need the medication being unable to afford it. For example, many countries that were worst afflicted by the HIV/AIDS epidemic often complained that the antiretroviral drugs their affected citizens desperately needed were patented by wealthy Western companies and, therefore, beyond the reach of their own people. Another critique of modern intellectual property rights is that they may have become too broad in nature and not very well defined. Intellectual property, since it has to do with ideas, is by nature rather vague, yet it does have very real effects on the rights and opportunities of people and businesses. Some critics argue that because intellectual property has become so broad, it no longer functions to protect the intellectual property rights of innovators, but rather the economic interests of a privileged few. Patent thickets, for example, are when innovators have to navigate through a dense network of existing patents in order to pursue their own ideas. Such patent thickets can discourage innovators from pursuing those ideas in the first place, especially if they do not have the resources to pay the relevant patent fees. There is little doubt that intellectual property laws have helped protect innovators, artists, writers, inventors, scientists, and countless other individuals and organizations from having their ideas stolen. However, as the world has progressed and become more interconnected, the challenges that intellectual property rights face are significant. |
Three Alternatives to the Rule of Law | The rule of law is the legal principle that states that nobody, not even a king, president, or prime minister, is above the law. Rule of law is foundational in many countries, particularly in North America and Europe. Without the rule of law, the risk would quickly arise that people in positions of power would be able to act without impunity. Because the rule of law is such a core concept of the American system of government, it can be easy to forget that it has not always been adopted or practiced in the west, including in the U.S. Below are a few alternatives to the rule of law that have occasionally taken hold in western countries. The rule of law was largely formulated as a critique of what is known as the divine right of kings. The idea of the divine right of kings was once widely accepted throughout Europe, especially around the 16th to the 18th centuries. This principle sees society as highly hierarchical, with the monarch at the top of the pyramid and also closest to God. As a result, the monarch’s authority was sanctioned by God and, while there were some limits on the monarch’s authority, essentially the divine right of kings meant that the monarch’s word had the force of law. To be fair, the rule of man is less a system of government than it is a category for various forms of government in which the rule of law is absent. Rule of man is when people rather than the laws themselves govern a society or a community’s behavior. In recent times, the rule of man is best exemplified by the totalitarian states, such as Adolf Hitler’s Germany or Joseph Stalin’s USSR, that arose during the 20th century. In such states, power was arbitrarily wielded by either a dictator or a small group of individuals who were often treated as being above the law. The Four Pillars of the Rule of Law Sometimes the rule of man does not have to take the form of monarchs or dictators; rather, the majority of the population can form its own sort of totalitarian rule. Ochlocracy, also known as mob rule, is when the rule of law becomes subverted to the demands of the populace. Ochlocracy is often a state where emotions trump reason and logic. While the United States has never been controlled by an ochlocracy per se, there have been some notable instances where the rule of law was subjugated to the rule of the mob. For example, during the Salem witch trials, the sensationalized witch hunt seems to have overruled the principle of due process, while in the American South mobs were often set against runaway slaves and, later, ethnic minorities in the form of lynchings that were both brutal and clearly beyond the rule of law. As the above examples hopefully show, the rule of law offers some fundamental protections against the arbitrary exercise of power. By ensuring that everybody is treated equally before the law, the rule of law helps ensure that citizens can go about their lives without too much fear of being persecuted without reasonable grounds by the state. |
The Pillory and Other Unusual Types of Corporal Punishment | Today, misdemeanors and petty crimes don’t usually lead to much more than a hefty fine and/or a stay in prison or jail. While such punishments are definitely not welcome by those who receive them, they are a lot milder than what petty criminals were subjected to prior to our modern era. From the pillory to flogging, punishments for even the pettiest of crimes could be downright brutal before attempts were undertaken to make the justice system more humane. Here are just four of the more unusual forms of judicial corporal punishment from the not-so-distant past. The pillory was designed to humiliate offenders. Typically, the offender’s hands and head were locked in place and he or she was often put in a public place, such as a market square. Passersby would view the pillory as a form of public entertainment and would often do their best to humiliate the offender, such as by throwing rotten produce and other items at him or her. While the pillory was primarily designed to humiliate petty criminals, sometimes passersby would throw stones and bricks, which could lead to permanent injury and even death. Flogging (also known as whipping) was a brutal form of corporal punishment that has been used since Ancient times. Flogging was especially common as a form of discipline in the British Navy and was also used extensively against African American slaves in the American South. While often used as a disciplinary tool, flogging was also utilized to punish certain crimes, some of which can seem strange nowadays. In 1778, for example, Thomas Jefferson recommended flogging as a punishment for witchcraft. Cropping was an unusual form of punishment whereby the prisoner’s ears were cut off. While the pain of having their ears removed was often bad enough, the mutilation meant that such offenders were essentially branded as criminals for the rest of their lives. Some rather tame offenses could even lead to cropping, including counterfeiting money and perjury. Similarly to cropping, branding a criminal with a hot iron was meant to humiliate that person and mark him or her as a criminal to the rest of the community. Criminals were sometimes marked with specific letters that would identify the nature of their crimes. Branding, however, was also used against slaves in the American South, often as a form of punishment against runaways. Such a form of punishment, like cropping, combined elements of both physical punishment with public humiliation. In the British Navy, however, branding with tattoos was used as a way of identifying deserters and those with particularly bad characters. Fortunately, in many countries judicial punishments are much more humane today than they were a century or so ago. Punishments like flogging, cropping, and being put in the pillory would now widely be regarded as cruel and unusual punishments in the United States, the United Kingdom, and throughout much of the world, especially for petty offenses. Looking back at such forms of punishment, however, helps remind us of just how far our justice system has evolved. |
Misrepresentation vs. Fraud: What’s the Difference? | Misrepresentation and fraud are highly related and often overlapping concepts in law. In fact, many people make the mistake of assuming that misrepresentation and fraud are largely interchangeable and synonymous terms. While there are many instances where these two terms can be used interchangeably, and there is even an offense called fraudulent misrepresentation, it is important to realize that there are nuanced differences between fraud and misrepresentation. Understanding the differences between these two concepts is essential for anybody working in legal areas related to fraud and misrepresentation, particularly contract law. Confusing fraud with misrepresentation is understandable since, in many relevant criminal and civil cases, accusations of both fraud and misrepresentation are often at stake. In fact, almost every instance of fraud is also an instance of misrepresentation. The subtle difference between the two concepts is that not all forms of misrepresentation are acts of fraud. Let’s look closer at why this difference matters. In cases of fraud, the defendant is being accused of tricking a person or organization into believing that something has a certain value when that defendant knows or should know that the item’s value is actually much less. In such cases, the defendant is being accused of misrepresenting the value of the item in question. Therefore, all cases of fraud are essentially cases of misrepresentation. For example, if a person sells another person a ring claiming it is 24 karat gold when, in fact, the seller knows the ring is fake, then the seller has committed an act of fraud. 3 Types of Misrepresentation and Why They Matter If all fraud is a misrepresentation, then it is tempting to assume that all misrepresentations are likewise acts of fraud. This, however, is not the case. Obviously, many cases of misrepresentation are also cases of fraud, but there are also many cases where a person may misrepresent the facts without having committed fraud. In most cases, the difference between fraud and misrepresentation comes down to what the accused knew or should have known when the act of fraud or misrepresentation took place. Returning to the example of the gold ring, let’s say that the seller this time genuinely believed that he was selling a 24 karat ring and that he was provided documents by a reputable source attesting to the ring’s purity. Because the seller had reason to believe that the ring was 24 karats, if it later emerges that the ring is a fake then the seller cannot be considered to have committed fraud despite the fact that he unintentionally misrepresented the value of the ring to the buyer. While the difference between fraud and misrepresentation is subtle, it is nonetheless important. This importance stems from the fact that fraud is often considered a much more serious offense than misrepresentation alone–especially if such misrepresentation was unintentional. In some cases, a fraud conviction can lead to: Substantial prison sentences As such, knowing how to distinguish between fraud and misrepresentation is essential for anybody involved in contract law or other legal areas where fraud and misrepresentation are especially serious charges. |
Three Types of Rehabilitation for Offenders | In the modern justice system, great emphasis has been placed on rehabilitating offenders so that they become productive members of society. Legal experts and society at large have largely recognized that punishment alone is not beneficial either for offenders or the broader public. Simply locking up criminals in prison without resources to eventually rejoin society often leads to high rates of recidivism, which hurts both the offenders themselves as well as entire societies. Furthermore, rehabilitation programs have proven to be much more cost-effective than incarceration, allowing governments to more effectively distribute limited resources. Below is a look at three types of rehabilitation programs for offenders that have helped criminal offenders reenter society. Parole is commonly used in justice systems around the world as a way to help reintegrate offenders into society. During parole, the offender is released before his or her sentence is completed in exchange for fulfilling certain conditions, such as gaining employment, refraining from drug and alcohol use, and refraining from contacting the parolee’s victims (if any). Parolees are also often required to regularly check in with a parole officer who ensures that the parolee is adhering to his or her conditions for release. By offering early release in exchange for good behavior, parole is meant to make the transition from incarceration to freedom easier. Some crimes, particularly drug crimes, are the result of an individual’s own addiction problems. While incarceration was previously used as a “tough on crime” punishment against people convicted of drug crimes, legal experts are increasingly recognizing that incarceration does little to address the underlying causes of addiction. As a result, in many jurisdictions, judges are given the discretion to sentence offenders to mandatory substance abuse programs in lieu of prison, particularly if it is the offender’s first offense. Such treatment programs are designed to help people overcome their addiction problems, thus allowing them to become fully functioning members of society. Role Of The Correctional System Rehabilitation does not have to begin once an offender is released from prison. Most prisons now offer at least some programs that are designed to help inmates more easily adjust to conditions outside of prison once they are released. These programs are often aimed at helping offenders acquire job skills, overcome substance abuse problems, or learn how to deal with common challenges they may face upon release. Some in-prison programs include: Many of these programs also allow inmates to maintain contact with individuals, businesses, or organizations that exist beyond the confines of the prison’s walls, which also helps make reintegration easier once release happens. While punishment is certainly one aspect of the criminal justice system, it cannot be the only one. Laws, courts, and prisons throughout the country are increasingly recognizing the value of offering prisoners resources to help them reenter society more effectively upon release. Rehabilitation programs are not only a humane response to criminal justice, they also help reduce recidivism and lower incarceration costs, thus benefiting offenders themselves and society as a whole. |
Three Ways Stipulations Benefit Courts, Attorneys and Clients | Stipulations are common during court proceedings. In most instances, a stipulation is agreed to by both parties to a lawsuit. Essentially, a stipulation is an oral or written agreement between the two parties that usually concerns an issue before the court but which both sides agree on. For example, both parties may agree about the qualifications of a witness and the attorneys for both sides will stipulate their agreement about the witness’ qualifications. Not only are stipulations relatively routine during court proceedings, but they offer significant benefits to both parties to a lawsuit, as well as to the court itself. Here are just three of those benefits. The trial process is designed to be adversarial in nature, with both parties to a lawsuit trying to convince a judge or jury that their interpretation of the facts is correct. However, while court proceedings can be fraught, that doesn’t mean that both parties to a lawsuit disagree about absolutely everything. Many court proceedings are relatively routine and will have little bearing on the outcome of the case. In such cases, both attorneys can simply stipulate that they are in agreement about a certain issue and thus avoid an unnecessary dispute. Disputing every last detail of a case is simply unnecessary in most instances and would make even the most straightforward of lawsuits overly complicated. Judges tend to look favorably on stipulations since they can save the court a great deal of time. Courts in many parts of the country are already dealing with a backlog of cases, which in turn is causing problems in delivering justice to the population in a timely manner. Because stipulations allow routine matters to be dealt with quickly, they also allow the court itself to get more business done than would otherwise be possible. Stipulations that are made orally in open court are also usually binding, which also allows for court proceedings to move more efficiently. However, a stipulation made in a judge’s chamber or outside of the court will often have to be in writing in order to avoid future disputes. It’s not just the court itself that saves time with stipulations, so do attorneys and their clients. Stipulations allow attorneys to focus on what is actually being disputed in the case, rather than waste time over issues that all sides agree on. For example, both parties could agree on a statement of facts with a stipulation and submit that stipulation to the jury and judge. By agreeing on the facts before hand, attorneys can focus instead on how to interpret those facts. This approach not only saves time, it results in better representation for clients. In some cases, it could even lead to lower legal fees for clients, especially if they are paying their attorneys by the hour. Stipulations introduce a dose of common sense and efficiency to court proceedings. By allowing attorneys to move quickly past issues that all parties agree on, cases are simplified, courts can proceed more efficiently, and clients enjoy better and more productive legal representation. |
What are peace bonds and do they exist in the U.S.? | You may have heard about peace bonds, especially if you live in Canada or watch Canadian media. While peace bonds are fairly common in Canada, they can seem strange to a U.S. audience. Mixing both criminal and civil law, peace bonds are a bit unusual in the sense that instead of punishing criminal offenses, they are designed to prevent those offenses from occurring in the first place. Although peace bonds are mainly used in Canada and not in the U.S., they nonetheless are an interesting topic for American legal experts who wonder if such a tool could also be used south of the border. A peace bond is a protection order issued by a court against a defendant. Essentially, the defendant is issued a peace bond if there are reasonable ground to believe that he or she may commit a criminal offense. Usually a peace bond is issued when there is reason to believe that an individual intends to physically harm a person, child, spouse, or common-law partner, or intends to damage property. When a peace bond is issued, the defendant must agree to the conditions set out in the peace bond, which usually includes refraining from contacting the applicant. A peace bond can be put in place for up to a year. Breaking a peace bond is a criminal offense and can lead to time in prison. Furthermore, when issued a peace bond, the bonded individual makes a promise to pay the court a certain amount of money if he or she breaks the conditions of the peace bond. The amount of money promised varies depending on the circumstances of the case. If the peace bond is broken, the bonded individual may not only face criminal charges, but will also have to pay this surety. Peace bonds are a bit strange since they mix elements of both criminal and civil law. For example, a peace bond is issued by a criminal court and usually is intended to prevent a person from committing a criminal offense. At the same time, however, a person applying for a peace bond does not need to prove that the defendant intends to commit a crime beyond a reasonable doubt, but only on a balance of probabilities, which is a much lower standard of evidence. Furthermore, being issued with a peace bond does not mean that the bonded person has been found guilty of a crime and, as such, a peace bond alone is usually not sufficient for a person to be denied entry to the U.S. Indeed, some individuals may agree to a peace bond in exchange for criminal charges being dropped against them. However, breaking a peace bond is a criminal offense and can lead to a criminal record. Peace bonds are almost never used in the U.S. However, these largely Canadian court orders provide important lessons for American legal experts about possible ways to prevent violent criminal acts from occurring. In mixing civil and criminal law, peace bonds provide a tool to help protect the most vulnerable members of society. |
Compensatory vs. Punitive Damages: What’s the difference? | In the world of civil litigation, damages are the monetary amount a court can award a plaintiff. Damages are meant to compensate for such things as injury, property damage, medical bills, lost income, and other damages that resulted from whatever issue is at the center of the case. By awarding damages, courts ensure that plaintiffs are compensated in a fair manner and that there is a disincentive for other people to engage in the same conduct that led to damages being awarded. When talking about damages, however, it is important to realize that there are two main types of damages, compensatory and punitive. Understanding how these two types of damages work is essential to understanding how civil court cases themselves function. Compensatory damages, which are sometimes referred to as actual damages, are sometimes seen as the “main” type of damages that a civil court can award a plaintiff. Essentially, compensatory damages are, as their name suggests, designed to compensate the plaintiff for his or her loss. The compensatory nature of compensatory damages means that the plaintiff must prove that he or she suffered some form of loss due to the incident in question such as a: Compensatory damages can be awarded for such things as loss of income, bodily injury, property damage, and so on. In civil litigation pertaining to a motor vehicle accident, for example, the plaintiff may claim compensatory damages for vehicle repair, medical bills, and income that was lost as a result of the plaintiff taking time off work to deal with his or her injuries. The plaintiff must prove to the court the loss in question, the amount of the loss, and that the loss was caused by the defendant. The Two Different Types of Compensatory Damages In civil litigation, punitive damages can be particularly controversial. Punitive damages go above and beyond compensatory damages in that they are a monetary award that the defendant must pay the plaintiff in addition to any compensatory damages that are also awarded. Punitive damages are essentially designed to punish the defendant for his or her reckless or negligent behavior. Because punitive damages are meant to punish the defendant, they tend to only be available in cases where the defendant’s conduct was either reckless or negligent. Again, taking the case of a motor vehicle accident, if the crash was caused because the defendant was impaired by alcohol at the time, then the plaintiff would likely be able to pursue punitive damages against the defendant. Punitive damages are designed to not only discourage the defendant in question from engaging in similar behavior in the future but are also meant to be a message sent to society at large. Civil courts that punish reckless or negligent behavior with punitive damages indicate to others that such behavior will not be tolerated and that that behavior can lead to monetary consequences.
In civil courts, damages are one of the main ways that plaintiffs have to seek justice for themselves and ensure that negligent and reckless acts do not go unpunished. While large awards for damages tend to grab media headlines and can sometimes lead to controversy, the system of damages in place is an important tool for ensuring a fairer justice system for those who have been victims of injury or loss that are beyond their control. |
Three Features of a Kangaroo Court | Court proceedings that lack the due process protections people associate with courts of law have earned the name “kangaroo court.” The term has been in use since at least the 19th century, but it is difficult to pinpoint an exact source for it or to determine why its name includes a reference to an animal native to Australia. As a general rule, a kangaroo court is any proceeding that attempts to imitate a fair trial or hearing without the usual due process safeguards including the right to call witnesses, the right to confront your accuser and a hearing before a fair and impartial judge. Kangaroo court proceedings are usually a sham carried out without legal authority in which the outcome has been predetermined without regard to the evidence or to the guilt or innocence of the accused. Referring to something as a kangaroo court usually carries with it a negative inference because of the manner in which they are conducted. Here are three features of a kangaroo court that set it apart from normally accepted principles of fairness and justice. Since the outcome of a kangaroo court is a foregone conclusion, one method of ensuring that a person will be found guilty is to create laws and apply them to past behavior. Ex post facto laws criminalize past conduct that was not illegal when it was performed. The benefit of ex post facto laws to those conducting a kangaroo court is that a conviction is assured. Ex post facto laws are a violation of the U.S. Constitution. They take away a person’s right to know in advance the type of conduct that, if performed, will violate a state or federal criminal law. Removal of this most basic due process right is a characteristic of a kangaroo court. Because the outcome is predetermined before any evidence is presented, kangaroo court proceedings are presided over by a judge or panel of judges that is partial toward the prosecution. Judges during a trial in a kangaroo court usually limit or obstruct efforts by the accused to present evidence or witnesses favorable to the defense while placing almost no restrictions on the evidence prosecutors are allowed to present. The fact that the judge in a kangaroo court is part of the sham process, the punishment inflicted upon the defendant generally exceeds what might normally be justified based upon the conduct of which the defendant was accused and convicted. Harsh and severe sentences are common in a kangaroo court. The right against self-incrimination, the right to cross examine witnesses and the presumption of innocence are lacking in a typical kangaroo court. Constitutional safeguards would stand in the way of a kangaroo court reaching its predetermined result. In some instances, limited cross examination of witnesses and other fundamental due process rights might be allowed to the defendant to conceal the true nature of the kangaroo court. |
Two Instances In Which Persona Non Grata Can Have Consequences For An Individual | The government of a host country has the right to declare a member of another nation’s visiting diplomatic mission to be persona non grata. This means the individual is unacceptable to the host nation. When a person is declared persona non grata, the home country usually calls the individual home rather than allow him or her to remain in the host country. However, persona non grata is not limited to unwanted diplomats and is now being used by colleges. If a member of the staff of a diplomatic mission remains in a country that has declared that person to be persona non grata, the individual loses the protections usually granted to a foreign diplomat. For example, immunity from being held for violations of the civil and criminal laws of the host country does not apply to someone declared to be persona non grata. A member of a diplomatic mission who violates the law of the host nation cannot be prosecuted or held accountable due to his or her diplomatic status. The host nation can use a declaration of persona non grata to demonstrate its displeasure over the individual’s activities. The declaration has also been used against diplomats or members of a diplomatic staff who are suspected of spying. The response of a country to having one of its diplomats declared to be persona non grata is usually to order the person to return home. It is common for the declaration of persona non grata by one country to result in a retaliatory declaration against one of its diplomats by the nation whose diplomat had just been recalled. The term persona non grata can also be applied to any situation in which someone is rejected by a group from whom the person obtained or sought acceptance. State laws permit colleges and universities to regulate the use of their campus facilities. One method for doing this is a process that exists at many schools around the country for declaring someone to be persona non grata. Behavior on the part of individuals that administrators deem to be detrimental to the institution may result in the person being barred from all or some of the school’s facilities. This is accomplished by issuing a notification declaring the person to be persona non grata. Some schools limit the declaration to campus visitors who are not current students, faculty or administrators who are subject to other forms of disciplinary procedures while other institutions apply the designation to anyone on the premises of the college or university. Someone declared to be persona non grata is subject to being asked to leave the campus. A refusal to leave can result in the individual’s arrest on criminal trespass charges. Written notification of persona non grata is to prevent someone from claiming to be unaware that he or she is banned from or only granted limited access to campus facilities. Someone issued a persona non grata notification should speak to an attorney to have a clear understanding of the scope of the restrictions. |
Beyond a Reasonable Doubt: Why It Matters in Criminal Law | The presumption of innocence is one of the foundations of the administration of criminal law in the United States, England, and other countries that follow a common law tradition. The only way to overcome this presumption of innocence in a criminal trial is for the prosecution to prove beyond a reasonable doubt that the defendant committed the crime that he or she has been charged with. While the phrase “beyond a reasonable doubt” has entered the popular lexicon and often appears on television, in newspapers, and in films, it can sometimes be difficult for laypeople to understand what, exactly, is meant by “reasonable doubt.” Here’s a brief overview of what “beyond a reasonable doubt” means and why it’s important. As mentioned, in the common law tradition anybody charged with a crime has the right to be presumed innocent until proven otherwise. This right is enshrined in the U.S. Constitution by the Fifth and Fourteenth Amendments, which protect peoples’ rights to due process. The presumption of innocence is important in criminal law since being found guilty of a criminal offense could deprive a defendant of his or her liberty. Therefore, the only way the state has the ability to deprive somebody of his or her liberty is to prove beyond a reasonable doubt that that person has committed a criminal offense. Beyond a reasonable doubt is the highest standard of evidence that exists in the judicial systems of common law countries. As the inclusion of the word “reasonable,” however, suggests, proving beyond a reasonable doubt that a person committed a crime does not mean that there is absolutely no doubt about his or her innocence. Rather, the phrase means that the established facts of the case lead the court to only one logical conclusion: that the defendant is guilty of the charges against him or her. Unreasonable doubt can still exist, but by its very nature such doubt does not lead a reasonable person to conclude that the accused did not commit the crime in question. This high standard of proof helps to reduce the likelihood of wrongful convictions. What is Common Law vs. Civil Law? The standard of evidence is much higher in criminal cases than it is in civil litigation. As a result, civil cases require that the case be proved by the lower standards of either a preponderance of evidence or proof by clear and convincing evidence. Such standards of evidence require only a high probability that the offense was committed. Reasonable doubt can still exist in civil litigation cases because in civil cases usually, only money is at stake rather than the defendant’s liberty. Beyond a reasonable doubt is a popular phrase, but one that is not always widely understood by the general public. Yet proving beyond a reasonable doubt that somebody committed an offense is a pillar of the common law criminal justice system. This burden of proof helps reduce the risk of innocent people being deprived of their liberty and ensures that all citizens’ rights are better protected. |
Three Little-Known Facts About Yellow Dog Contracts | The rise of labor unions toward the end of the 19th century caused concern among employers. Business owners believed that strong labor unions would negatively affect the way they operated their companies. Higher wages and better working conditions were two of the primary focuses of labor organizers that could directly affect worker productivity and profit margins. Yellow dog contracts became a popular method used by business owners to deter their workers from joining labor unions. Yellow dog contracts are now illegal in the United States, but they were a popular tactic for business owners from the late 1800s until shortly after the Great Depression. Here are three little-known facts about yellow dog contracts. Employment agreements containing a clause making it a condition that workers could not join labor unions or, if they were already in a union, they had to resign their memberships or lose their jobs were referred to as yellow dog contracts. The Supreme Court had the opportunity to put an end to such anti-union tactics in 1908, but the Court refused to uphold the constitutionality of state and federal laws aimed at prohibiting employers from insisting that workers sign yellow dog contracts. The decision by the Court was consistent with other rulings it made at the time concerning the relationship between government regulation and business in this country. The prevailing view among the justices was that government should not intrude on freedom of contract. It was believed that employers and their workers should be free to negotiate labor agreements between themselves without interference from the government. Bolstered by support from the Supreme Court, employers challenged labor union opposition to yellow dog contracts by asserting that the agreements were negotiable and workers were not forced to sign them. According to the unions, few workers who refused to sign the anti-union employment agreements were hired lending support to the argument that workers did not have a choice. The economic conditions existing at the time left workers in need of employment little choice when it came to signing yellow dog contracts. The labor unions managed to get Congress to pass legislation in 1932 outlawing yellow dog contracts and other types of employment agreements containing restrictions on a worker’s ability to join or retain membership in a labor union. Although the success of the labor movement put an end to yellow dog contracts, the term continues to be used today to describe a much different business practice. It is common for employers to require the signing of non-disclosure agreements and non-competition agreements by employees as a condition of employment. Non-disclosure agreements prohibit workers from disclosing trade secrets, customer lists and other sensitive information when during and after their term of employment. Non-competition agreements prohibit workers from going into business or being employed in positions that would put into direct competition with their former employer. Non-disclosure and non-compete agreements are sometimes referred to as yellow dog contracts. |
Three Tell-tale Signs of a Breach of Trust | Some people hold positions that place them in a position of trust. Executors under a last will and testament, trustees handling assets placed in a trust, and attorneys representing their clients all hold positions of trust as fiduciaries. A breach of trust by a fiduciary can have serious financial consequences for the individual who relied upon that person. A fiduciary can be either a person or an organization. Banks, for example, frequently act as trustees. Someone or an entity agreeing to serve in a fiduciary capacity agrees to manage the assets or affairs of another person. Fiduciaries must act in good faith and carry out their duties solely for the benefit of the individuals who have placed their trust in them Although fiduciaries frequently are paid a fee for the services they provide, their duty is to the individuals who are the beneficiaries of their services. When a breach of trust occurs, a beneficiary may suffer financial losses. The law gives victims of a breach of trust the right to sue the fiduciary for damages and depending on the circumstances, there might be a violation of a state’s criminal laws. Before you can take action against someone for breach of trust, you must know that it has occurred. Here are three tell-tale signs to look for if you suspect you might be the victim of a breach of trust by a fiduciary: Three Potential Consequences of Breach of Fiduciary Duty If you suspect that you have been the victim of a breach of trust, you should speak to an attorney. The remedies available against someone who is guilty of a breach of trust can vary from state to state, and there could be time limitations on how much time you have to file a claim. |
Why a Lis Pendens Matters for Home Buyers and Sellers | Lis pendens is a Latin term that literally means that a suit is pending. While a lis pendens can technically refer to any pending lawsuit, in legal parlance it is most often used to refer to claims concerning real estate. A lis pendens can have a significant impact on the attractiveness of a property, to the point that it could lead to a dramatic decline in that property’s value. As a result, anybody who is considering buying or selling a home should be well aware of what a lis pendens is and how it could affect his or her real estate transaction. A lis pendens is a public notice that is recorded in county real estate records. This notice is recorded to notify the public, including potential buyers and sellers of the property in question, that a lawsuit involving that property is pending. A lis pendens matters because if a buyer purchases real estate with a lis pendens against it, that buyer will still have to abide by the final result of the lawsuit. In the case of a house being foreclosed, for example, a lender would file a lis pendens against the foreclosed home. Lis pendens, however, are not related exclusively to foreclosures, as the following example shows. An example Say person A intends to sell his property to person B. The two sign a contract for the transfer of the property, but person A decides that person B has breached the contract. As a result, person A refuses to sell the property to person B, but person B sues person A for refusing to sell the property. As a result, a lis pendens is filed against the property. While the lawsuit is still pending, person A then sells the property to person C, but afterwards a court rules in person B’s favor, thus giving the title of the property to person B. As a result, person C loses his title to the property and his only recourse for recovering the money he paid for the property is to get it back from person A, the original homeowner. A lis pendens does not prevent a piece of real estate from being bought or sold, but it usually has a major impact on how desirable a piece of property will be to prospective buyers. As the above example shows, a lis pendens could ultimately result in a new homebuyer losing his or her title to the property. Of course, most homebuyers do not want to take the risk that a lawsuit could compromise their ownership of the property and will shy away from a home that has a lis pendens attached to it. As such, unless the lawsuit is resolved quickly, a lis pendens is likely to have a negative impact on how much a buyer is willing to pay for a home. Because a lis pendens can have such a major impact on a property’s value, it is vital that prospective homebuyers and sellers become fully aware of what a lis pendens is. Armed with such knowledge, buyers and sellers can make more informed choices about how to proceed with future real estate transactions. |
Three Surprising Things About Palimony Most People Don’t Know | Palimony is a term that many people have likely heard before, but few people – aside from those who work in a legal profession- would be able to define it. While essentially a form of alimony, palimony differs from alimony in many important ways, both in terms of legal definition and in how palimony and alimony are applied in real-world cases. Popularized by many high-profile Hollywood separation cases, palimony nonetheless remains a widely misunderstood term. To help clear some of that confusion, here are three surprising facts about palimony. The most important thing to understand about palimony is that you won’t find it mentioned in any legal code. That’s because palimony is a term that was invented by journalists reporting on salacious celebrity breakups rather than a concept that was formed by legislators or judges. Palimony simply describes a situation where an unmarried couple splits up and the circumstances of their case lead to property being divided in an alimony-like manner. While not being a legal term in its own right, courts can still enforce what is popularly known as palimony if the court determines that an implied contract existed between the couple. This implied contract often happens when one partner gives up income opportunities in order to care for the home or family. For example, if one partner decided to pursue his or her career and the other partner decided to focus on maintaining the couple’s home and raising their children, then an implied contract, which could lead to property being divided if the couple breaks up, may exist. Because palimony only applies to unmarried couples, it tends to be very controversial and highly subjective in how it is applied. Marriage grants certain legal protections, including provisions surrounding property division in the event of a divorce or separation, that simply do not exist for unmarried couples. Proving that an implied contract exists, for example, is extremely difficult since an implied contract, by its nature, is unwritten and thus difficult to verify. Nonetheless, couples who are in a relationship can avoid the ambiguity and uncertainty raised by palimony by drafting a written agreement. A written agreement that is drafted with the assistance of a lawyer can serve as a contract between both partners to help establish how property will be divided in case the relationship ends. Essentially, this written agreement works similarly to a prenuptial agreement, except that the parties to the contract are unmarried. As with other contracts, however, such a written agreement can still be challenged in court, thus it is not a watertight defense against palimony. With many couples nowadays living in long-term, co-dependent relationships and yet forgoing marriage, the role of palimony is bound to take on increased significance. Courts and legislatures are still struggling to determine to what extent long-term romantic partners have rights that are similar to the rights enjoyed by married spouses. The debate and controversy surrounding palimony and alimony are central to helping resolve that struggle. |
Two Principles You Should Know About Proving Purported Facts | Lawyers and judges use language that is unique to the law. Statutes make reference to submitting the “purported will” to the court in connection with probate proceedings instead of simply requiring the submission of “the will.” Reference to the instrument as the purported document of the deceased is in keeping with a basic principle of law requiring evidence to prove an issue or, in the case of a will, to prove that the document is, in fact, the will of the deceased. Here are two principles you should know. A party putting forth a fact that has not been acknowledged as true by the opposing party has the burden of coming forward with evidence to persuade a judge or jurors that the fact is as it is purported or alleged to be. For example, the person seeking to have a will probated by the court to have an executor appointed to take charge of the estate has the burden of proving that the purported will is the document prepared on behalf of the deceased. The person submitting the probate petition must prove that the will was signed by the maker who understood what it was that he or she was signing. It must also be proven that the purported will was signed and executed in accordance with the law in the state in which it was signed. If the judge presiding over the probate proceeding is satisfied that the affidavits from the attesting witnesses establish that it was properly signed and witnessed, the judge would issue a court order declaring it to be the will of the deceased and empower the named executor to act on behalf of the estate. A defendant facing criminal prosecution does not have to do anything to defend against the purported charges because the law gives prosecutors the burden of proving guilt beyond a reasonable doubt. The prosecutor must present evidence to a judge or to a jury to persuade and convince them that the purported charges filed against the defendant are true. The evidence must convince a reasonable person of the validity of the facts in issue to the exclusion of other reasonable possibilities or conclusions that might be drawn. If it does, then the prosecutors have met the reasonable doubt standard. Civil cases are quite different from their criminal counterparts. The burden of proof is on the plaintiff or the person bringing the case to prove the purported facts by a preponderance of the evidence. This means by the greater weight of the evidence which is a much lower standard than is required in criminal cases. Proving the truth of allegations or the validity and genuineness of a document or of a fact can be a difficult task requiring evidence to persuade lawyers, judges and jurors that what is being alleged or purported is, in fact, true. |
Understanding the 4 Types of Notes Payable To Banks | The amount of paperwork associated with borrowing money from a bank can be truly daunting. Whether you are taking out a loan to get money to buy a car or borrowing to purchase a new home, one of the most important documents the lender will ask you to sign is a promissory note. Notes payable to banks define your obligation to repay the debt and give the lender the right to sue you for the money if you do not live up to your obligation. Promissory notes are essentially IOUs. However, the repayment terms of notes payable to banks can differ depending upon the terms of the loan. There are four common types of promissory notes that differ primarily in the manner in which they are repaid. When you borrow money from a bank, you the note you sign will state the interest rate you are being charged and the principal or amount you borrowed. Single payment notes payable to banks obligate you to repay the principal borrowed plus the interest charged by the lender in one payment that is due on a date specified in the note. The downside disadvantage to you as a borrow obligated under single payment notes payable to banks is having to come up with all of the principal and accrued interest in a single payment. If you unforeseen circumstances arise and you cannot make the payment, the lender can commence collection proceedings against you. Amortized notes payable to banks are the type of notes commonly used for borrowing money to purchase a home. This type of note obligates you to make a payment each month for the life of the loan as stated in the note. The amount of the monthly payment remains the same each month with part of the payment going toward the interest on the outstanding principal balance and the rest of the monthly payment going toward repayment of principal. As you pay the principal down each month, the amount of your monthly payment that goes toward interest will be less, and the amount that goes toward repayment of the principal will increase. The monthly payment stated in amortized notes payable to banks are calculated to pay off the principal over the period of time stated in the note. Some notes payable to banks are structured to keep monthly payments lower than they might otherwise be if the loan were amortized. The way this is accomplished by choosing a monthly payment the borrower can afford to pay over all or part of the life of the loan. Because the payments are not enough to cover all of the interest and principal that is due each month, the unpaid interest is added to the principal balance resulting in the potential for you owing more on the due date than you originally borrowed. This is why negative amortization notes can be dangerous for borrowers. These notes are similar to negative amortization notes except you agree to pay nothing toward principal each month and only pay the interest that is due. At the end of the term of the loan, you will owe the entire principal balance you originally borrowed. You will pay more interest than you would with amortized notes payable to banks because the principal on which the interest is calculated never goes down. Knowing there are different types of notes payable to banks does not make deciding which of them is the best one for you any easier. The legal advice and guidance of an attorney might be of assistance. |
What is Common Law vs. Civil Law? | Many nations today practice either common law or civil law system of justice. While common-law originates in Medieval England, civil law traces its origins back to the Roman Empire (and, subsequently, Continental Europe). Although both systems originate in Europe, they have been exported to many other countries, either through colonization or other means. Because common law and civil law are fundamental concepts for justice systems around the world, they are essential to understand for anyone who wants to learn more about legal tradition, either at home or abroad. Common law comes from Medieval England, specifically in the aftermath of the Norman Conquest of 1066. Because common law is the foundation of the English legal system, it has been exported to many countries that have had historical ties with England, such as the United States and much of the Commonwealth. The distinguishing characteristic of common law is that it is based more on precedent than on a codified set of laws and regulations. Judges hold immense power in a common law system since the decisions that a court makes are then used as a precedent for future court cases. While common law systems do have laws that are created by legislators, it is up to judges to interpret those laws and apply them to individual cases. To do this, judges rely on the precedents set by previous courts. In common law countries, certain courts, such as the Supreme Court of the United States, have the ability to strike down laws that were passed by legislators if those laws violated the Law of the Land (i.e., the Constitution). Civil law goes all the way back to Roman times when Emperor Justinian codified all of the Empire’s laws in the sixth century CE. Civil law was subsequently revived in much of Medieval Europe and serves as the foundation for the legal systems of countries like France, Spain, and Portugal, along with many of their former colonies, including the province of Quebec and the state of Louisiana (which both exist in countries that are otherwise dominated by common law tradition). Civil law has also been used by non-European countries that were never colonized, such as Russia and Japan, as the basis of their own legal reforms. Common law places much less of an emphasis on precedent than it does on the actual codification of the law. Civil law systems rely on a large legal code that is constantly updated and which establishes legal procedures, punishments, and what can and cannot be brought before a court. In a civil law system, a judge merely establishes the facts of a case and then judges that case based on the procedures laid down by the legal code. As a result, precedent and judicial decisions have limited influence in a civil law system. Rather, lawmakers, scholars, and legal experts who help craft the legal code hold much more sway over how the legal system is ultimately administered. Common law and civil law, while both originating in Europe, have become truly global legal traditions. Despite going back hundreds and even thousands of years, both systems have continued to effectively shape the justice systems of hundreds of countries well into the 21st century. |
3 Types of Misrepresentation and Why They Matter | A contract largely depends on the honesty and goodwill of those who have agreed to it. If a party to a contract makes a misrepresentation of fact without suffering any repercussions for that misrepresentation, then few people would feel comfortable binding themselves to that contract. Misrepresentation is an important concept in the contract laws of England, Wales, and certain other Commonwealth countries. There are three main types of misrepresentation : Below is a brief overview of each type and the remedies for them. But first… Before talking about the three types of misrepresentation, however, it’s important to first define what misrepresentation means in the context of contract law. A misrepresentation is an untrue statement of fact that induces a party to enter a contract. Furthermore, to pursue a claim against the person who made the misrepresentation, the claimant must show that he or she relied on the untrue statement of fact when deciding to enter the contract and that the misrepresentation led to damages to the claimant. An opinion, it is important to keep in mind, even if considered false, is not the same as a fact and generally does not figure in cases surrounding misrepresentation. With that in mind, it’s time to look at the three types of misrepresentation. Fraudulent misrepresentation is very serious. Fraudulent misrepresentation occurs when a party to a contract knowingly makes an untrue statement of fact which induces the other party to enter that contract. Fraudulent misrepresentation also occurs when the party either does not believe the truth of his or her statement of fact or is reckless as regards its truth. A claimant who has been the victim of alleged fraudulent misrepresentation can claim both rescission, which will set the contract aside, and damages. A party that is trying to induce another party to a contract has a duty to ensure that reasonable care is taken as regards the accuracy of any representations of fact that may lead to the latter party to enter the contract. If such reasonable care to ensure the truth of a statement is not taken, then the wronged party may be the victim of negligent misrepresentation. Negligent misrepresentation can also occur in some cases when a party makes a careless statement of fact or does not have sufficient reason for believing in that statement’s truth. As with fraudulent misrepresentation, claimants can pursue both damages and a rescission of the contract. In innocent misrepresentation, a misrepresentation that has induced a party into a contract has occurred, but the person making the misrepresentation had reasonable grounds for believing it was true at the time the representation was made. A claimant who has been the victim of innocent misrepresentation can still pursue damages, but he or she cannot pursue rescission. Again, to pursue damages it must be shown that the claimant suffered a loss because of the misrepresentation. The three types of misrepresentation described above are fundamental to understanding contract law in England and many Commonwealth countries. Claims based on allegations of misrepresentation help ensure that contracts are ultimately honored and that unscrupulous or negligent behavior does not go unpunished. To learn more about misrepresentation, check out Misrepresentation vs. Fraud: What’s The Difference? |
Four Things to Understand About Community Property | When it comes to divorce, where the divorce is filed matters a lot. Not all states treat divorce the same way, especially in matters of property division. Generally, states are classified as either equitable distribution or community property states. While the vast majority of states are equitable distribution states, some of the most populous states are community property states. Therefore, it is important to understand what community property means and why it has such a big impact during a divorce. Here are four things to know about community property. In community property states, most of the property acquired during the marriage is considered the property of both spouses. The community property that is acquired during the marriage can include wages, property, debts, and other assets and liabilities. Generally, it does not matter whose name is attached to specific assets or liabilities. Therefore, if only one spouse earns an income, that income is considered to be community property and owned by both spouses. One of the defining features of community property is that in most community property states the marital property is divided equally between both spouses. In contrast, in an equitable distribution state a judge will try to divide property fairly, which, in some cases, may not necessarily be equally. There are, however, exceptions to splitting property 50-50. While Texas is a community property state, for example, courts there nonetheless divide property equitably rather than equally. There are technically only nine community property states and the vast majority of them are in the west. The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Additionally, Alaska allows people going through a divorce to choose whether to split property according to a community property or equitable distribution model. Although not a state, Puerto Rico also uses a community property system. While community property is generally split evenly, it is important to understand that not everything owned by both spouses is pooled together as community property. Some property is classified as separate property and this property is not subject to division during a divorce. Separate property includes gifts and inheritances, property that was owned by either spouse prior to the marriage, and property that was acquired after the date of separation. However, drawing a line between community property and separate property is not always easy. For example, while an inheritance is considered separate property, if that inheritance is used to upgrade the couple’s home then the value of the upgrades will generally be included as community property. How property gets divided during a divorce largely depends on where the spouses live at the time they choose to part ways. Whether one lives in a community property or equitable distribution state can have a major impact on a final divorce agreement and may lead to drastically different financial outcomes. |
Three Surprising Facts About Pro Bono Criminal Lawyers | If you are accused of committing a crime, the Sixth Amendment to the U.S. Constitution guarantees you the right to be represented by an attorney. A defendant who cannot afford to retain the services of an attorney is entitled to have one appointed by the court free of charge. In some instances this court-appointed attorney is a paid employee of a government funded legal aid program, but pro bono criminal lawyers are also frequently called upon to represent defendants. People may not realize that an attorney defending someone charged with violating state or federal criminal laws might be doing so without expecting to be compensated for his or her services. Pro bono criminal lawyers volunteer their time and services without expectation of payment. Here are three little known facts about pro bono criminal lawyers. Lawyers are encouraged by state and federal bar association rules of professional conduct to perform services for those individuals who cannot afford to pay for them. Pro bono is derived from the “pro bono publico” which means “for the public good” in Latin. Pro bono criminal lawyers who are providing services to indigent defendants are maintaining the tradition of members of the legal profession doing public service. The Model Rules of Professional Conduct of the American Bar Association are the basis for most of the codes of conduct adopted by local bar associations around the country. Under the model rules, lawyers are encouraged to aspire to providing a minimum of 50 hours of free legal services each year to individuals who cannot afford to hire an attorney. An important outgrowth of the concept of lawyers providing free legal representation has been creation of the Innocence Network. The network is composed of 69 organizations across the U.S. and around the world that offer pro bono criminal lawyers and investigative services to people who have been wrongly convicted of committing crimes. The organizations of the Innocence Network use advances in DNA testing to reopen criminal cases and prove the innocence of the individuals wrongly convicted. Pro bono criminal lawyers work with investigators to review the evidence used to convict individuals and use DNA testing to refute the original evidence. Large law firms located throughout the country encourage attorneys working for them to perform pro bono work. Instead of individual attorneys committing their time to working pro bono criminal lawyers, the firm takes on the pro bono cases using its attorneys and other resources to defend individuals who cannot afford to pay an attorney. If pro bono criminal lawyers were not available to provide representation to people accused of committing crimes, there would be an adverse impact on the operation of the criminal justice system. Pro bono criminal lawyers provide the representation defendants are entitled to under the Constitution. |
Three Times Exigent Circumstances Exist | Exigent circumstances refer to times when a law enforcement officer can make a warrantless search or seizure. Because a warrantless search potentially violates the Fourth Amendment, which otherwise protects people from unreasonable search and seizure, exigent circumstances only exist when an officer has probable cause and no time to obtain a search warrant. In other words, exigent circumstances exist in what would usually be considered emergency situations. Although these situations often refer to instances where a person’s safety is potentially in jeopardy, it can also refer to times when a suspect is about to escape or evidence may be destroyed or removed. Below is a look at the three instances when exigent circumstances are most often said to exist. If a law enforcement officer has probable cause to believe that a person’s life or safety is in danger, then those exigent circumstances would allow the officer to perform a warrantless search of a property. Usually, officers are required to first knock, announce their presence, and be refused entry before they can break into a residence. However, there are circumstances when officers do not need to follow this ‘knock and announce’ statute. In a hostage situation, for example, it may be necessary for officers to break into a residence without warning in order to take the hostage-taker by surprise. A crime needn’t necessarily take place for a warrantless entry of the property to occur. For example, during a fire an officer (or any member of the public) can enter the property in order to save any person believed to be inside. Exigent circumstances also exist when a suspect is either believed to be armed or in the process of fleeing. For example, if a police officer is pursuing a suspect on foot and that suspect cuts through somebody’s private property, the officer would not need a warrant to enter that private property for the sake of apprehending the suspect. Finally, an officer can enter private property without a warrant if that officer has probable cause to believe that evidence is about to be removed or destroyed. To determine whether an officer has probable cause, a court will look at whether a reasonable officer at the time of the warrantless entry would have reason to believe that evidence was being destroyed. For example, an officer who knocks on a person’s door, announces his or her presence, and then, though the window, sees an individual inside emptying what appear to be illicit substances down the sink’s drain would likely have probable cause to believe that evidence was being destroyed. In such circumstances the officer would likely not have time to gain a search warrant in order to seize the evidence. Exigent circumstances are an important tool for helping officers protect public safety. However, determining when an officer has probable cause for entering a residence without a warrant is often a fraught issue and many criminal defense cases have succeeded by questioning the reasonableness of a warrantless search. |
Three Ways Good Samaritan Laws Are Essential | A Good Samaritan is somebody who offers help to a person in need. Ensuring that Good Samaritans are protected from liability claims or legal actions as a result of their assistance is important for ensuring that people are not afraid to render assistance to strangers when required to do so. As a result, many jurisdictions around the world have Good Samaritan laws. These laws remove legal liability and other legal complications from those who attempt to help or rescue a person who is in danger, ill, suffering an emergency, or unconscious. Here are three ways Good Samaritan laws are essential in emergency situations. Good Samaritan laws differ between states and provinces, but generally they offer some protection to certain emergency and medical personnel. Emergency personnel operate under high-stress conditions and there are times when in their efforts to help someone they could inadvertently cause an injury. For example, a physician may administer a drug to a person in an emergency without knowing that that person is allergic to the drug in question. Typically, that physician would be protected from legal liability since his or her administering of the drug was done in order to help the individual. Not all Good Samaritan laws apply exclusively to emergency personnel. Many such laws also offer protections to non-emergency personnel who find themselves in a situation where a stranger requires assistance. A Good Samaritan law will protect bystanders from being sued if, in their attempts to render assistance in an emergency, they inadvertently cause injury or damage. Typically, however, there are limitations to this protection. Good Samaritans must exercise at least some standard of care and could potentially be sued if their actions amount to gross negligence. For example, if a motorist witnesses an accident and attempts to drive to the scene of the accident to help, he or she cannot disregard the safety of other users of the road by driving dangerously, such as by swerving in and out of traffic or driving into oncoming traffic. Good Samaritan laws don’t exist solely to protect people from being exposed to civil lawsuits. In some states and jurisdictions Good Samaritan laws can also protect people from certain criminal charges. These Good Samaritan laws tend to apply in cases of drug overdoses. Because witnesses to a drug overdose may themselves be in possession of illegal drugs, they are often hesitant to contact 911. A Good Samaritan law may protect such witnesses from being charged with certain drug offenses so long as they contact emergency services in order to help a person suffering from a drug overdose get medical assistance as soon as possible. It is important to note, however, that this sort of Good Samaritan law does not exist in all states. People shouldn’t feel held back from assisting somebody in an emergency over fears that their actions could lead to legal trouble. Good Samaritan laws, therefore, offer essential protections to both emergency personnel and bystanders, ensuring that injured or imperiled people get the assistance they need. |
It’s Election Time in the US: 5 Options for Americans Planning Immigration to Canada | It’s presidential election time again in the United States and with it comes the election-year tradition of hundreds of thousands of Americans threatening to leave the country if the opposition candidate is elected. This year is no exception as evidenced by the explosion on social media of people threatening to cross the border into Canada if Donald Trump is elected. But, immigration to Canada might not be as simple as people expect it to be. Canada might appear to be the perfect landing place for disgruntled U.S. citizens who are intent on fleeing their country after the November election, but immigration to Canada is tightly controlled and regulated. The welcome mat is out for Americans who want to spend a few months up north to come to terms with the election results or to simply take in the Canadian scenery. Temporary visitor visas allow U.S. citizens to remain in Canada for up to six months. For those individuals who want to make a more permanent move across the border, there are categories under which a person may become a permanent resident of Canada, including: Being unhappy with the results of an election is not one of the criteria for obtaining permanent residency. Qualifying under the categories requires compliance with the application process and guidelines for each one. Applicants for permanent residency as skilled workers undergo an evaluation process in which they are scored based upon their level of education, work experience, language skills, age, adaptability and whether they have made arrangements for employment in Canada. The combined scores can range from 0 to 100, but a 67 is the minimum score required for consideration for permanent resident status. Investors, entrepreneurs and self-employed individuals starting a business in Canada might qualify for business class permanent residency. Each group must demonstrate a significant financial contribution to Canada or, in the case of self-employed individuals, a significant contribution to Canada’s cultural or athletic activities. Each of the provinces can nominate a person for immigration to Canada. A person wishing to use this category to achieve permanent resident status must contact the local immigration office within the particular province in which he or she desires to settle and submit an application. If the person is nominated by the province, an application must then be filed with Citizenship and Immigration Canada. Individuals who are citizens or permanent residents of Canada can sponsor their family members for permanent residency. Sponsorship may be required for anywhere from three years to 10 years depending upon what the government determines is necessary to assist the family member to become settled. Individuals intending to settle in Quebec province might qualify under a program that allows the province to select those it deems best able to make a contribution to it. The evaluation process is conducted at the province level under a special arrangement with the government of Canada. Will 2016 be the year in which crowds of Americans crossing the border to become permanent residents of Canada? It’s doubtful, considering that immigration to Canada in 2014 included only 8,500 U.S. citizens. If you are committed to renouncing dual citizenship and leaving the U.S, you should make certain you qualify for residency before the November elections roll around. See Also: Four Important Factors to Consider Before Renouncing Dual Citizenship |
The Four Pillars of the Rule of Law | The concept of the rule of law goes back to ancient times and it can essentially be summed up by the well-known phrase, “nobody is above the law.” In other words, in a governing system based on the rule of law, everybody is held equally accountable under the same laws. In contrast, a system that is based upon the rule of men, such as a tyranny, monarchy, theocracy, or oligarchy, occurs when governance, laws, and the administration of justice are determined by the interests of a single person or group of people. While rule of law is a fundamental principal in many countries today, the World Justice Project points out that effective rule of law itself depends on the upholding of the following four principles. Perhaps one of the defining features of the rule of law is that, under such a system, the law is applied equally to all citizens, including the lawmakers themselves. Rule of law simply means that the law itself, rather than individuals or organizations, reigns supreme. Therefore, even people who enforce and administer the law, such as police officers, judges, and lawyers, are still subject to the same laws as everybody else is. For a rule of law system to function, the laws themselves must be public, fair, stable, and understandable. If the laws change too frequently or arbitrarily, or the laws themselves are not publicized, then citizens have little hope of being able to abide by those laws. Furthermore, the laws must not violate fundamental human rights, which would again make them unfair to citizens. It’s one thing for the laws to be written fairly, but if they are enforced in such a way that is either arbitrary or unfair then the rule of law begins to break down. For example, if a jurisdiction passes laws against drug use, but then only enforces those laws against a particular ethnic minority or social group, then the laws are not being enforced fairly. Citizens living under a rule of law system have a right to know that the laws are being administered and enforced in a way that is fair and accessible. Not only must laws be enforced in a fair and non-arbitrary manner, but so too must justice be delivered in a way that is fair, accessible, and efficient. In other words, the judicial system must stand independent of outside interference, such as by politicians or law enforcement agencies. Instead, the justice system must function to administer the law in such a way that citizens can expect to be treated fairly, regardless of their race, gender, beliefs, or economic status. The rule of law is foundational to many functioning governments around the world. By limiting the arbitrary exercise of power by a single person or group, the rule of law helps establish a system whereby the fundamental rights and dignity of individuals and groups within a country are respected. While the rule of law is rarely perfectly applied, it is an ideal towards which many countries continue to strive. |
Why Ab Initio Is a Big Deal in Contract Law | The phrase ab initio comes from Latin and literally means “from the start” or “from the beginning.” Such a definition may sound fairly innocuous, but the truth is that this little phrase has a big impact on legal decisions. From striking down bad contracts to protecting people from excessive police powers, the declaration that something is the case ab initio can have major reverberations for lawyers, businesses, and private individuals. Here’s a look at what ab initio is and when and why it matters. As stated above, ab initio means “from the start.” Therefore, if a court declares something to be the case ab initio, it typically means that the court’s ruling on it applies from when an act occurred or when the circumstances for the case in question were in effect, rather than from the point in time when the court actually ruled on the matter. To put it in simpler terms, if a court declares a contract to be void ab initio, it means that that contract is considered invalid from the time it was written and/or signed (i.e., from the start of the contract) rather than from when the court declared it to be null or void. Ab initio is an especially important concept to know for contract law. If a court declares a contract void ab initio, then the contract cannot be remedied or modified to correct whatever was wrong with the contract in the first place. Essentially, if a contract is declared void ab initio, the ruling effectively means that the contract essentially never existed and therefore had no binding power over any parties to the contract. For example, if a person signs a contract either under duress or while being misled about the contents of the contract: The concept of ab initio doesn’t just apply to contracts, however. In rare cases, it can also be used as a check on the power of public officers. Although rare nowadays, something being declared ab initio can protect private citizens from abuse of state power. For example, a police officer may have a court order to enter a person’s private property and seize a piece of jewelry that is considered stolen goods. If, however, that police officer enters the house and takes that person’s television set, the courts will consider the officer to have exceeded his or her authority and to have used the court order as a pretense for committing an unlawful act. Therefore, although the court order itself was legal, the officer will have been considered to be trespassing ab initio. Again, however, the use of ab initio to reign in abuse by police is rarely used nowadays. |
4 Essential Things to Know About Habeas Corpus | Fundamental to almost any democracy, a writ of habeas corpus is widely considered one of the most basic protections citizens have against unchecked state power. While habeas corpus is a fundamental component of the U.S. Constitution, its meaning and importance is not always widely understood by the general public. Here’s a look at not only what habeas corpus is, but why it is so important in today’s democracies. Habeas corpus is a Latin phrase that literally means “produce the body.” A writ of habeas corpus is a summons, applied for by the prisoner or by somebody on his or her behalf, and is addressed to the person or agency (i.e., a prison) holding that prisoner. A writ of habeas corpus demands that the custodian produce the prisoner before the court with proof that the custodian has authority to detain the prisoner. Essentially, habeas corpus gives prisoners the right to ask a court to release them early or change the conditions of their detention if his or her detention is potentially unlawful. Getting a writ of habeas corpus has no bearing on whether the prisoner is guilty or not guilty. Instead, it is used to establish whether the state has the authority to actually detain the prisoner in question. Habeas corpus is one of the most important checks on state power that citizens of many democracies currently have. Without habeas corpus, the government would essentially have the right to imprison citizens without charging them or bringing them to trial for indefinite periods of time. In countries that do not enjoy strong habeas corpus protections, for example, it is not uncommon for individuals to be detained and imprisoned for months and even years without being charged with a crime. The essential idea of the writ of habeas corpus was set down in the Magna Carta, which was written in England in the 12th century. The Magna Carta helped establish a number of rights that have since become recognized as foundational to democracies around the world. Among those rights was a guarantee that the monarch could not imprison people or seize their land without having lawful reasons for doing so. Habeas corpus was also written into the U.S. Constitution, meaning that the protections provided by a writ of habeas corpus are considered the “law of the land” in the U.S. In other words, state and federal laws cannot violate a person’s right to seek a writ of habeas corpus. At the same time, however, there have been periods in U.S. history where habeas corpus has been suspended. The U.S. Constitution allows for the suspension of habeas corpus “when in cases of rebellion or invasion, the public safety may require it.” During the War of 1812, for example, General (and later President) Andrew Jackson controversially suspended habeas corpus in New Orleans and began mass arrests. About half a century later, President Abraham Lincoln suspended habeas corpus in many states as a public safety measure during the Civil War. Habeas corpus is one of the most important protections citizens have against state power. While this protection is many centuries old, it is one that continues to have a major impact on government, justice, and human rights in the 21st century. |
Statute of Limitations on Arrest Warrants | Being charged with a crime needs to be taken seriously. For those who have been issued an arrest warrant, it is extremely important that they respond to it in the appropriate manner. Ignoring an arrest warrant will not make it go away and could turn the accused into a fugitive. However, in some cases an accused may only become aware of a warrant for his or her arrest years or even decades after the alleged offense was committed. In such situations, it may be reasonable for the accused to ask whether statute of limitations apply to arrest warrants. The answer to this question can become complicated, especially given the diversity of state laws on statutes of limitations, but below is a brief overview of how time limits come into play when an arrest warrant is issued. The simple answer to this question is no, there are no statutes of limitations on arrest or bench warrants. When an arrest or bench warrant has been issued, it remains in force regardless of the amount of time that has passed. The state has determined that sufficient evidence exists to pursue a case against that defendant, thus, when it issues an arrest warrant then that warrant is considered valid regardless of the time that has elapsed since the warrant’s issuance. However, while an arrest warrant does not expire, prosecutors and law enforcement must execute the warrant in a timely manner. State laws vary considerably in how quickly officials must move to execute a warrant. Generally, however, the state must prove that it made a reasonable effort to locate the accused individual. If the state made little or no effort to find that individual then the case against that individual may be dismissed by a judge. Statute of limitations don’t usually apply to arrest warrants themselves. Rather, statutes of limitations place time restrictions on how long prosecutors can wait after an offense has been committed before they begin criminal proceedings. Furthermore, statutes of limitations vary depending on the state where the offense occurred and the severity of the crime. Misdemeanors, for example, will usually have a short statute of limitation than a felony offense would. If the defendant becomes a fugitive then the statute of limitations may also be increased in some states. Although arrest warrants never expire, it is important to recognize that the Sixth Amendment of the U.S. Constitution grants defendants the right to a speedy trial. How this right is interpreted varies from state to state and it usually only applies in cases where the sentence could result in jail or prison time. If a defendant’s right to a speedy trial has been violated then the case may be dismissed. While the statute of limitations does not apply to arrest warrants, there are various other time factors, as outlined above, that can impact the outcome of a criminal case. Anybody who has been charged with a crime, however, should contact an attorney immediately. Ignoring the charges is never a good option and it could make one a fugitive, thus potentially increasing the penalties one may ultimately face. |
No Fee If No Recovery: What Does This Mean? | “No fee if no recovery” is a phrase used by countless attorneys—particularly personal injury attorneys—in advertisements that are designed to attract new clients. While the phrase has proven popular, misconceptions about what it actually means often arise with the general public. “No fee if no recovery” is a payment arrangement also referred to as working on a contingent fee basis. In the simplest of terms, a contingent fee means that the attorney will be paid for his or her work on a case only if money is recovered in that case. In other words, the attorney’s fees are contingent upon a successful outcome in the case. While such a definition may sound straightforward, it is important to understand that contingent fee arrangements can become complex. Because contingent fee arrangements mean that the attorney only gets paid when money is at stake that means that contingency fee arrangements are usually only practical when damages are being pursued, most often in personal injury or workers compensation cases. The actual contingency fee will vary from attorney to attorney, but generally it ranges between 25–40% of the settlement amount. Many people who are looking for a personal injury attorney to represent them often have a skewed notion of what a contingency fee arrangement entails. In particular, there is often a misconception that a case will be free for the client if the verdict goes against him or her. Such an arrangement is extremely rare in contingency fee cases. If the plaintiff’s case is lost then it is true that he or she will not have to pay attorney’s fees, which include the time and labor that an attorney and his or her staff put into the case. In most instances, however, the client will still need to cover case costs. Case costs are those expenses that the attorney incurs as a result of filing and pursuing a case. Case costs may include, but are not limited to, such items as filing fees, expert testimony (including potential travel and hotel costs for those experts), postage, photocopying, and other expenses that may be incurred when building a case. In some cases, especially where complex evidence and expert testimony may be vital (such as a medical malpractice case), case costs can run into the thousands of dollars. While there are payment arrangements wherein case costs are covered by contingency fees, such arrangements are rare. The client will need to fully understand whether case costs will be his or her responsibility before retaining an attorney. Failing to inform the client about what costs and fees he or she is or is not responsible for could not only lead to a strained attorney-client relationship, but it could also expose that attorney to accusations of legal malpractice. Contingency fees are almost universal in personal injury law. Despite the ubiquity of such fee arrangements, however, attorneys should never assume that potential clients are coming to them with a full understanding of what contingency fees fully entail. By discussing contingency fee arrangements in detail with the client early on, attorneys will protect their professional reputations and help build a sense of trust and confidence with the client. |
How Can Personal Injury Lawyers Recover Case Fees If a Case is Lost? | Losing a case is never fun and most litigation lawyers will lose a case at some point in their careers. For lawyers who work in personal injury law, a lost case is not only demoralizing, it can also be a significant blow to their finances. Unlike many other types of lawyers, personal injury lawyers work almost entirely on a contingency fee basis, meaning they charge their clients a fee only if they win their case. While such a system may sound like lawyers are stuck paying for the costs of a case if they lose, the good news is that even when a case is lost, personal injury lawyers can recover the costs associated with that case from their clients in most instances. It is important to understand that there is a big difference between fees and costs. Personal injury lawyers who operate purely on a contingency fee basis only charge clients for their time if they win the case in question. If the case is lost, then the lawyer cannot charge the client for the time he or she put into the case. At the same time, however, clients will be expected to pay for costs associated with the case. Costs are expenses that must be paid to help further a plaintiff’s case. Some examples of costs can include, but are not limited to, filing fees, expert fees, travel costs, jury fees, postage, copying, phone charges, and research costs. Because every case is unique, the types of costs a client will be expected to pay will depend on the unique circumstances of their particular case. It is useful to think of fees as the income a lawyer makes, whereas costs are the expenses associated with pursuing a case. For lawyers, it is extremely important that they be completely upfront with clients about the differences between costs and fees. While such differences may appear routine for those who work in the legal profession, for many non-lawyers fees and costs will be treated as synonymous terms. Clients need to know that even if they hire a lawyer on a contingency fee basis that they will still be responsible for paying the costs associated with their case regardless of the final verdict. Another way lawyers can recover case fees even if they lose a case is by charging an hourly fee. A lawyer that charges an hourly fee will usually expect a client to pay a retainer upfront. The retainer will help cover the costs of the case. The most obvious advantage of charging an hourly rate is that it removes much of the risk an attorney takes on when he or she agrees to handle a particular case. However, since such a payment structure requires clients to put up large sums of money early on, it is very rare in personal injury cases. Typically, hourly rates would only be charged in cases that involve a high element of risk or when clients can afford the extra expense. Personal injury law can sometimes feel like a financially risky profession, especially for those working purely on a contingency fee basis. However, even when a case is lost personal injury lawyers have avenues for recovering the costs of the case. A payment structure should carefully outline how costs are to be covered and this structure should be clearly explained to clients early on. |
What is a Deposition? | An essential element of any civil or criminal court action is the evidence offered by the parties. Evidence is what each side in a dispute must present to either a judge or a jury to prove what are, up to that point, probably nothing more than unproven allegations. Much of the evidence presented at a trial is in the form of testimony from witnesses who are brought in by one of the parties. There is a risk to putting a witness on the stand to testify during a trial without knowing in advance what the person is going to say. Depositions help reduce this risk by giving the attorneys for the litigants the opportunity to question the witness well before the trial begins. Depositions usually take place as part of the discovery phase of civil or criminal litigation. Discovery is the process by which the parties exchange evidence and information with each other about the case. Depositions usually are held away from the courthouse in the office of an attorney for the one of the parties. A stenographer is present to take down what is said during the deposition and produce a written transcript of it. Some jurisdictions allow for the video recording of a deposition as long as the attorneys involved in the case agree to it. Depending upon where you live, asking the question, “What is a deposition?” might result in an answer that could be a little confusing. Most attorneys will know what you mean, but you might hear them referring to a deposition as an examination before trial. As a general rule, examinations before trial refer to the taking of testimony from one or more of the parties in a lawsuit. When the witness is not one of the parties, it is usually referred to as a deposition. Besides giving the attorney conducting the questioning of a witness the opportunity to hear what the individual will say if called as a witness at trial, depositions also preserve and memorialize the testimony of a witness. The transcript of the deposition of a witness may be introduced into evidence at the trial under the following circumstances: Experienced attorneys know the important role depositions can play in a court case. Statements made under oath during a deposition can be the deciding factor in winning or losing a lawsuit. |
Pursuing Damages in Statutory Rape Cases | For a growing number of victims of statutory rape, the pursuit of justice has taken the form of civil lawsuits. Because the standard of evidence in civil lawsuits is lower than in criminal cases, many rape victims find a civil suit to sometimes be a more effective way of ensuring that an alleged perpetrator of statutory rape is held accountable for his or her actions. This article will briefly look at why victims of statutory rape may want to pursue a civil lawsuit and what they can expect in terms of damages typically awarded in successful suits. It is important to note that in cases of statutory rape, the victim may have given consent to sexual intercourse, but because he or she was under the age of consent at the time the sexual act itself is considered rape. Both criminal and civil cases involving allegations of rape may be pursued through either state or federal courts depending on the circumstances of the allegations. The vast majority of cases, both on the criminal and civil level, however, are pursued in state courts. Be aware, as well, of the difference between a criminal and civil case. While in a criminal case it is the state that attempts to prosecute the defendant, in a civil lawsuit the survivor of the alleged rape launches a private suit against the defendant. While rape survivors can pursue monetary damages against the defendant, prison cannot be imposed as a penalty in a civil lawsuit. Statutory rape survivors can pursue a civil lawsuit against perpetrators regardless of whether or not the perpetrator has been found guilty of rape (or a similar charge) in a criminal court. At the same time, however, successfully suing the defendant is generally easier if that defendant has already been found guilty of rape or sexual assault in a criminal court. For survivors who are successful in their civil suits, the court will award them damages for the injuries they suffered. Damages take the form of monetary awards that are to be paid by the defendant. Because each state differs in the amount of damages that can be awarded, it is impossible to give a specific picture of what a statutory rape victim can expect in terms of monetary damages following a successful civil lawsuit. Furthermore, the amount of damages that a rape survivor actually receives and the decision to even launch a lawsuit in the first place may depend on the amount of assets the defendant has. In most states, victims are limited to pursuing compensatory damages, which, as their name suggests, are meant to compensate victims for the injuries they have suffered. Punitive damages, wherein the defendant is ordered to pay damages as a punishment for the injury he or she subjected the victim to, are fairly rare in statutory rape cases. Some of the claims that may be pursued in a civil case alleging statutory rape include claims for personal injury, medical expenses, lost wages, assault and/or battery, Victims of Crime Act (VOCA) claims, emotional harm, loss of consortium, sexual abuse, and others. The choice of whether or not to pursue a civil suit involving damages in statutory rape is a difficult one. In addition to the damages awarded, such suits may help victims regain a sense of control and purpose over a situation that may leave them feeling helpless and confused. A qualified attorney should be consulted beforehand, however, to discuss the feasibility of pursuing legal action involving any accusations of rape and/or sexual assault. |
How To Check Immigration Status Online With An Alien Number | Once you have applied for United States citizenship, you might want to know the status of your case. The government is very busy and has been known to lose important documents. Here is how to check immigration status online with an alien number. There are many ways to check your immigration status online, but the easiest may be the United States Department of Homeland Security United States Citizenship and Immigration Services (USCIS) website – “https://egov.uscis.gov/”. You or your representative will need to enter the 13-character application receipt number to view your status. The website has a nice timeline showing the advancement of your case – Acceptance, Initial Review, Request for Evidence, Decision and Card Issuance are just some of the categories. The system is being modernized allowing you to create an account on the website. You can also receive phone, email or short message system (SMS) text messages to notify you of updates when you “Sign-Up for Case Updates.” You can submit a service request by clicking “e-Request”. The USCIS site also lists the average processing times for various forms. Sometimes, the government website can be a little slow and might not have the most up-to-date information on your application status. Besides the government website, you can check your immigration status online using a number of other methods. The USCIS has created a system called “INFOPASS” allowing you to talk to an immigrant officer directly. You could call an immigration service center. You could contact service centers using email. The country is divided into different regions with service centers for each. If you do not receive an email response within three (3) weeks, you should contact the center again. Citizenship is a serious matter and your congressional representatives have power over the process. After exhausting these other paths, you could contact your local congressional officials and discuss your inability to find your case status with them. Or contact the Federal Bureau of Investigation (FBI). They have the legal duty to manage investigations within the country. If you still can’t get a credible answer, you could threaten to file a lawsuit. Government bureaucrats don’t want to waste resources going before a judge or court. Under the Freedom of Information Privacy Acts (FOIPA) you have the legal right to information on your immigration case status. |
How To Report Immigration Marriage Fraud | Unfortunately, some immigrants try to cheat the system in order to gain entry into the United States. The United States Citizenship and Immigration Service (USCIS) appreciates whistleblowers who report fraud. Here is how to report immigration marriage fraud. United States citizenship is very valuable and some applicants try to leapfrog over others by engaging in marriage fraud. Having an American citizen as a spouse is one of the fastest ways to citizenship. The USCIS has an extensive interview process, including unscheduled visits, but even this is not enough to deter all of the fraud. If you have information concerning immigration marriage fraud, the USCIS would appreciate your assistance. There are many ways you can contact the USCIS anonymously. You may be listed as a “concerned citizen” in records to protect your identity. You should make sure to collect concrete evidence proving the fraud as well as the individuals: The government will need this information to identify the exact person engaged in the sham marriage. The most direct way to report fraud is to contact the United States Immigration and Customs Enforcement (ICE) division. They are the police force for immigration. You can contact them by phone and remain anonymous – 1-(866)-DHS-2-ICE or visit the website at “ice.gov”. These hotlines are specifically designated for reporting immigration violations. You could also contact the USCIS directly at 1-(800)-375-5283. When you speak to a live representative, you can make sure your information is properly recorded. You could also schedule an InfoPass appointment to personally meet a USCIS official to discuss the marriage sham. How To Report Illegal Immigrants Fraud will nullify any benefits of United States citizenship and could lead to deportation. The United States citizen may be guilty of the felony of defrauding the federal government with penalties of up to five (5) years in prison or a fine of $250,000. In most cases, any reports of potential fraud will help the customs officials to increase their investigations into the validity of the said marriage. The government has limited personnel to handle all of these cases, but with this “red flag” they are more likely to find other clues as to the fraudulent nature of the marriage. |
How Do I Check On My Security Clearance Status? | For many jobs in the government sector, you will need a security clearance. The Defense Information System for Security (DISS) — which replaced the Joint Personnel Adjudication System — is the primary entity overseeing the entire process. Here is how to check on your security clearance status. A United States government security clearance determines what types of classified information that an applicant can see. Nearly 80% of the security clearances are for the Department of Defense (DoD) with other notable agencies including A certain level of security clearance must be established to hold key government positions. There are two types of security clearances: There are three main security clearance categories: The DoE has its own designations of “L” (Secret) and “Q” (Top Secret) Generally, the “Top Secret” clearance is good for five years, “Secret” is good for ten years and “Confidential” is good for fifteen years. All are subject to “Periodic Reinvestigation” reviews to keep them “active.” The clearance is job-specific and “terminated” or “expired” when the employee leaves the position. A security clearance application must be initiated by a prospective employer (usually a defense contractor or government agency). Generally, during the application process for a new government job, the applicant must also fill out the Form SF-86 “Questionnaire for National Security Positions.” This will require filling in the following information: name, address, residence, education, employment, family, friends, financial and foreign travel. There may be interviews of your personal references and an Enhanced Subject Interview (ESI) for top clearances. The National Agency Check (NAC) looks into the applicant’s credit and criminal background. The government will also consider drug abuse and misuse of computers. The Defense Industrial Security Clearance Office (DISCO) will review the applications. As of 2014, the wait for processing a top security clearance could range from 99 to 730 days. There is an “interim security clearance” or “interim eligibility,” which can be issued for defense contractors in a shorter amount of time. You can check on your clearance three ways: You can also have a look at what is a public trust security clearance? If you’re trying to get a job but are running into issues with your security clearance, you might want to get a free case review from a local lawyer. Clear up any questions regarding your employment and find out which steps to take next. |
How To Claim A New Home Furnace On Your Income Tax Form | The federal government is offering tax incentives to homeowners and businesses who purchase brand new sustainable energy-efficient appliances. Homeowners who purchase a qualifying home furnace can deduct up to $150 from their taxes. Here is how to claim a new home furnace on your federal income tax form. “Fill Out Residential Energy Credits Form 5695” The “Energy Policy Act of 2005” has provided for tax incentives to encourage individuals and businesses to purchase more energy-efficient fixtures, appliances, and equipment.
A new home hot water boiler must achieve at least a 95 annual fuel utilization efficiency (AFUE) rating. This means that 95% of all the heating energy goes into the home duct system with only 5% being wasted. Homeowners can claim up to a $150 tax credit on their high-efficiency home furnaces by filling out their Internal Revenue Service (IRS) 1040 United States Federal Individual Income Tax Form or 1040NR for Non-Resident Aliens. These are the forms to use for: To determine the exact amount of your tax credit, fill out the “Residential Energy Credits Form 5695.” As you fill out this form, you will note that there are two sections: Part I is for “Residential Energy Efficient Property Credit” and Part II is for “Nonbusiness Energy Property Credit.” Part II is where you will claim this home furnace tax credit. Move down the page until you see Line 22 for “Residential Energy Property Costs.” The instructions state that the unit “must be placed in service by you; include labor costs for onsite preparation, assembly and, and the original installation.” There are tax credits for an efficient building (22a), water boiler (22b), or air circulating fan in a furnace (22c). Use Line 22b for a “Qualified natural gas, propane, or hot water boiler.” The maximum amount you can claim is $150.00 for your new home furnace. Continue to fill out Form 5695 until you get your total for the “Nonbusiness Energy Property Credit” on Line 30. Then take the total from Line 30 and enter it on Form 1040, Line 52, or Form 1040NR, Line 49. Finally, attach Form 5695 to your Form 1040 or Form 1040NR. |
How To Deduct California SDI From Federal Taxes | It does not make sense for the federal and state authorities to tax each other government programs. Thus, you may be able to deduct your California State Disability Insurance (SDI) from federal taxes if you use the long Federal 1040 form. This is how you do it. California SDI has two primary program benefits: This is meant to supplement or replace some of the wages that workers are unable to earn due to temporary incapacity. Disability Insurance is for a non-work-related illness or injury. Paid Family Leave is for when a family member takes time off from work to care for a child, spouse, or parent. The State of California automatically withholds this mandatory tax from workers’ paychecks. SDI is meant as a “partial wage-replacement insurance plan” for California workers. This employee payroll deduction can be claimed on your 1040 Federal Individual Income Tax Return Form. You should use the long 1040 tax form because it allows you to itemize your deductions. Collect your “W-2 Wage and Tax Statement Form” to determine how much you paid in California SDI. The W-2 Form has Box 14 marked as “Other” where your California State Disability Insurance deduction totals should be listed. Next, you should take out “Schedule A Itemized Deductions” for your Federal 1040 Form and itemize the California SDI deductions. Transfer the figure from Box 14 of your W-2 over to Schedule A, Box 5a in the section marked “Income Taxes You Paid.” You will need to check Box 5a identifying the figure as “State Income” taxes. The California State Disability Insurance taxes qualify as State Taxes because they are taken out of your paycheck. Continue to fill out the Itemized Deductions Form, all of the taxes will be added together and totaled on Line 9 of Schedule A. As you continue down Schedule A, you will eventually total your Itemized Deductions. Compare your total amount for Itemized Deductions from Schedule A to your Standard Deduction listed in the instructions of the 1040 Federal Individual Tax Form near Line 40. You will enter whichever is greater – Itemized Deductions or Standard Deduction – on Federal Form 1040 Line 40. |
OSHA Regulations For Office Temperatures | The Occupational Safety and Health Administration (OSHA) was formed in 1971 to oversee offices, workplaces, and businesses. OSHA has created regulations, rules, recommendations, and guidelines to help create the safest environment for American workers. Here are OSHA regulations (recommendations) for United States office temperatures. OSHA’s mission is to “assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance.” Dusty warehouses, slaughterhouses, computer data centers, and urban offices all have vastly different work environments. Most computers require a lower temperature to work at peak performance. Workers will also be wearing different protective clothing in hospitals, semiconductor factories, and restaurants. Indoor Air Quality (IAQ) or Indoor Environmental Quality (IEQ) can include: OSHA has received many complaints about unpleasant odors, humid conditions, or toxic fumes in workspaces. These can lead to serious health problems, like asthma. It is not necessarily possible for each company to adhere exactly to OSHA stipulations. That is why OSHA has created “recommendations,” rather than “regulations” for office temperatures. This guidance is intended to maximize human comfort in the setting of the office temperature. Under Section III, Chapter 2, Subsection of OSHA Technical Manual, the optimum ambient temperature for an office should be between 68 and 76 degrees Fahrenheit. What is BACK-END OFFICE? If employees feel tired, get headaches, or have shortness of breath while working, they should try to determine the specific cause. Is it airborne, in the carpets or isolated to a certain room? Talking informally to your boss is the first step. Then, discuss the issue with a doctor if it continues. Modern handheld devices allow technicians to read room air temperatures. They can determine the indoor air flow for heating and cooling. This can help workers establish the best setting for the heating ventilation air conditioning (HVAC) equipment in the building. If an employee wants to contact OSHA for possible violations, they can qualify under whistleblower statutes and regulations. These prevent a violating employer from penalizing employees for complaints. |
How To File An Out Of State Small Claims Suit | Small claims court is a local court. This means that plaintiffs and defendants live in the same state, and often in the same county. Accordingly, most counties in U.S. states have their own small claims court where plaintiffs may sue defendants for damages that do not exceed a certain dollar amount. In most jurisdictions, this amount is about: Because the damages involved are not large, it’s not worthwhile for the parties to travel great distances to appear. That’s why most small claims cases are local. However, sometimes you may need to file an out of state small claims lawsuit against a defendant who lives in another state. Not every jurisdiction will allow you to sue an out-of-state defendant in small claims court. However, you may be allowed to if the damages or injuries occurred in the state where you want to file the lawsuit. Similarly, contracts that are drafted within the laws of that jurisdiction or that are violated in that jurisdiction can typically be brought against out-of-state defendants. Sometimes drivers who are involved in accidents are called to be defendants in a small claims court matter in the jurisdiction where the accident occurred rather than the one in which they live. Other rules may stipulate that the defendant must be served with the lawsuit while they are physically in the state in which they are being sued. If that person never comes to the state, you may not be able to sue them in small claims court. If anything, filing a small claims lawsuit in a state other than the state in which you live is more difficult than filing a case with an out-of-state defendant. Some states do not even allow you to file a small claims suit unless you are a citizen of that state. To find out if it is even possible for you to file a complaint from elsewhere, call the clerk of the court for the appropriate jurisdiction. They should be able to provide you with information about whether or not out-of-state plaintiffs are allowed in their small claims court. Most small claims courts do not allow either side to be represented by an attorney. The rules and procedures are more relaxed, so you’ll have to do much of your own investigation when it comes to figuring out what is permissible in your jurisdiction. |
How To Get A Copy Of Divorce Papers From California | In California certified copies of divorce decrees are either authorized or informational and must be obtained from the specific county Superior Court where the divorce papers were filed. A list of individuals who qualify as an authorized requestor is provided below. An informational divorce decree is available for family history or genealogy purposes and it is stamped with a declaration that the document is not valid for identification purposes. Divorce decrees are classified as confidential documents in California and while they can be ordered online, they are not available for downloading from the Internet. The state imposes a fee for obtaining a copy of a divorce decree, both authorized and informational. If a search of the court records results in no divorce decree being found, the fee is non-refundable.
California has determined that someone requesting a divorce decree must meet one of the following classifications to obtain a certified document: 1. Be a named party in the divorce.
2. Be a parent or legal guardian of a named party.
3. Be a current spouse of a named party.
4. Be a domestic partner of a named party.
5. Be a sibling of a named party.
6. Be a child of a named party.
7. Be a grandparent of a named party.
8. Be an authorized or legal representative of a named party. The state requires a notarized affidavit of a person’s authority to request a divorce decree.
You can look up the address for each California County Superior Court, and you can find application forms to request a certified document and associated fees. The certified divorce decree can be ordered online or in person at the appropriate county courthouse. The document will be mailed to the requestor when ordering online. When applying for a document at the courthouse, it is possible to obtain a copy while the requestor waits. If the search of the records will take longer than a few hours to process, the document will be mailed to the requestor. The court will require some detailed information to perform a record search; so the better prepared a requestor is, the faster the process can be completed. At a minimum, the requestor will need to know the names of the divorced parties, the courthouse where the divorce was filed, the date of the filing and the case number assigned to the divorce by the court. |
How To Read An NVC Case Number | The government has many different types of identification numbers for a myriad of purposes. The National Visa Center (NVC) number is issued to immigrants wanting to enter the United States. Its alphanumeric characters store a lot of information concerning the visa application. Here is how to read an NVC case number. “National Visa Center is for Immigrants” The United States Department of State Bureau of Consular Affairs runs the National Visa Center. The government center suggests that individuals with any questions concerning their visa status should have their NVC case number, applicant’s name and petitioner’s name in hand. The center can be reached by phone or email by looking up “NVC Inquiry” on the government website. Once the National Visa Center is processing your case, you must contact them at least once every year. This prevents your application from expiring. You should update any information at that time. The United States Department of Homeland Security United States Citizenship and Immigration Services (USCIS) is the primary authority for processing American visas, but it has taken over some processing previously carried out by the United States Immigration and Naturalization Service (INS). This can be very confusing because usually the USCIS is the final authority on visa matters. When an applicant receives his USCIS receipt number, he must be aware that this is different than the NVC number. The USCIS receipt number may be on the “Notice of Action, Form I-797.” “What do the NVC Digits Mean?” The basic NVC case number consists of 13 alphanumeric characters. The first three places are reserved for alphas (letters) identifying the overseas embassy or consulate that received the original immigrant visa application. Some visas are issued according to quotas set for each country. The next 10 digits of the NVC are numbers that have been coded from the standard Julian calendar. The first four numbers are the year for the application (i.e. 1998). The next three numbers represent the date based on the following formula: Date + 500 (i.e. January 1st would be 001 + 500 = 501). The final number identifies the order of that application for that day (i.e. 4th application = 004.) The date and order of the NVC case are important because the older applications receive priority. This could also have legal ramifications since the government has a certain statute of limitations in which it must make visa determinations. |
How To Find A Lost Traffic Citation Number | Getting a traffic ticket is enough to ruin anyone’s day. It means that fines will likely have to be paid and time may be lost if you decide to contest the ticket. The whole thing adds up to a massive headache. However, the problem only gets worse if you lose the ticket. That one piece of paper had everything you needed to know from the amount of the fine to the steps for responding or for fighting the citation. Fortunately, it’s relatively easy to track down a lost traffic citation number. Municipalities generally keep good records on these matters, so a bit of research should yield all of the information you need. How to Defend Yourself in Traffic Court Where you received the ticket is much more important than the specific police agency that issued the ticket. Very few police departments keep detailed ticket information to be dispensed to the public. Instead, they rely on the court system. The department’s website may be able to point you toward: Determine which county you were in when you received the ticket. Chances are good that you’ll be able to obtain the citation number from the superior or district court for that county. Use an Internet search engine by typing in the county name and then the words “superior court” or “district court.” Traffic infractions are handled by different courts depending upon the jurisdiction. Accordingly, you may have to do some searching. The court’s website probably has a link that is called something like “traffic,” “citations” or “tickets.” Click on this link to find out how to proceed. Some jurisdictions provide an online search option where you can enter information like your name, driver’s license number, or license plate number to look up a citation. In most cases, you will probably be provided with a phone number rather than an online search form. Call the number, making certain you are prepared with necessary information like your driver’s license number. You may have to be on hold for quite some time before you receive assistance. Although it may feel like a waste of time, stay on the line. Strict deadlines for paying traffic fines or appearing in court have a way of creeping up on you. You’ll want plenty of time to respond. |
How To Find Someone’s Probation Officer | Many people receive probation instead of jail time in criminal cases. They must comply with certain regulations in accordance with their probation, otherwise, they could receive new charges or be sent to jail. If you know someone who is on probation and you believe they are violating the terms of that probation, then you may need to contact the probation officer. This is public information in most states since the majority of probation officers are overworked and may rely more than you realize on the assistance of the public. Think carefully before contacting a probation officer so you can be certain that what you will be reporting is appropriate. For instance, you should be able to report facts regarding a violation and not be acting on a personal vendetta. Doing so only wastes valuable resources, and if you provide false information, you may be facing charges yourself. If you don’t know the subject’s full, legal name, try to find it out before contacting the probation officer. If you only know the individual by a nickname, try to come up with a good description and a home address. This information can often identify the subject of a probation officer. Larger cities may have their own probation office. Other jurisdictions have a county probation office. Try an Internet search that includes the words “probation office” and the city where the subject lives. Typically, there’s only one probation office with a number of probation officers working out of a central location. It’s likely that you’ll have to call to find out which probation officer is assigned to the subject. The receptionist or secretary who answers the phone can normally figure out which probation officer is assigned to the individual. How To Get Off Probation Early Usually, you’ll have contact with the probation officer over the phone. Occasionally, you may be asked to meet with the officer in person. Regardless, be prepared to offer any factual information that may be in your possession. If this includes any kind of documentary evidence like: You may also be asked to send in copies. The instructions the probation officer gives you will vary depending upon your unique situation. Follow them carefully as this is usually best for your personal safety. Moreover, it makes the probation officer’s job easier when you comply with their instructions. |
How To File For A Petition For Writ Of Mandate | At times, the government courts, departments or agencies do not follow the articulated law. When a judicial authority can clearly show that a certain course of actions are mandated by law, then he can issue a Writ of Mandate. Here is how to file for a petition for Writ of Mandate. “Citizen Can Petition Legal Authority to Issue Writ of Mandate” The Writ of Mandate (Mandamus) is a court order to government agency or another court to correct its previous illegal behavior in order to comply with the law. This mandamus is issued to correct defects of justice. In jurisprudence, case law is created by the actions of bureaucrats, administrators and judges. If a court judgment or action is a mistake, it could seriously undermine the legitimacy of the entire process. A regular citizen cannot issue his own Writ of Mandate, he can only request or petition an authority to do so. The mandamus is a discretionary, equitable remedy, which must be made in good faith. The Writ of Mandate is usually used to compel or restrict a public official from following an illegal order from another authority. “Three Kinds of Mandamus” The three kinds of mandamus are the following: 1) Alternative, 2) Peremptory and 3) Continuing. The Alternative Mandate commands the defendant to perform a specific act or explain to a court why is not performing said act. The Peremptory Mandate is an absolute order for the defendant to perform said act when there is no excuse for not performing the act. The Continuing Mandate demands that the defendant perform the act for an unspecified period of time henceforth. The citizen can file a Petition for Writ of Mandate to a court to enforce an action required by law. The applicant must state his name (or his organization’s name), date, court with jurisdiction, legal decision case citation and any other writs concerning this action. The applicant must identify his interest in this matter. The petitioner must state why the actions of a court or administrator violate the law, clearly state which law is applicable. Show why the actions are mistaken, unlawful, fraudulent or unfair. Applicants must describe the remedy or relief they are seeking under the Writ of Mandate. The citizen can suggest which type of mandamus should be issued also. Using words, such as “just,” “proper” and “lawful” is standard practice. |
Laws For Posting No Trespassing Signs | You probably have seen a No Trespassing or Keep Out sign somewhere. Doesn’t it seem obvious that people cannot simply trespass on someone else’s property? Under the law, what does the posting of No Trespassing signs accomplish? Under the Universal Law, all land is originally communal land. The federal government owns many acres of land and some might think that a wilderness area may be public property. They might fish, camp, or hunt on private property by accident. A Keep Out or No Trespassing sign can control access to land by identifying it as private property. It is a good reminder to children also. Under the law, an individual who sees a No Trespassing sign: What is TRESPASSER? Legally, anyone must ask your permission to be on your land, but you may not be there to discuss this issue with them 24/7/365. A No Trespassing sign and fence will send the message that no one can be on your private property without authorization. The Penal Code requires that landowners post conspicuous signs near the primary entry points of the area to be closed to the public. The law tries to keep a balance between the rights of regular people to enjoy land and the rights of landowners. If there is no fence, the land has not been improved, looks unoccupied, and has no posted sign, then someone can assume the land is public for the use of anyone. Under the natural squatter law, land should be used by the community for productive purposes. Unused land returns to communal ownership. Trespassing is officially illegal on an unposted property that has been improved, used, and fenced in. If a landowner or occupant requests a trespasser to leave verbally or with a written letter, the trespasser must leave. Generally, the Keep Out sign is basically the same as the No Trespassing sign. The landowner, legal occupant, or an authorized representative can post the No Trespassing or Keep Out sign on any portion of the land and identify any activity that is prohibited. Even if you post a No Trespassing sign, you can grant permission to designated individuals. That is your right as a property owner. Trespassing laws vary by state. |
Difference Between Birth Certificate And Certificate Of Live Birth | For most purposes of identification, people use the Birth Certificate as the original document. But some have recently heard about something called the Certificate of Live Birth. What is the difference between the Birth Certificate and Certificate of Live Birth? The medical community has established the practice of issuing the Certificate of Live Birth when a human being enters the world. This form will include the basics of: Health care professionals will then enter the information into their hospital database. At this point, the father should verify that the information on the form is correct. Mistakes can be made in the original form or during medical data entry. The mother will, of course, be stressed and won’t be able to concentrate when given the form. Corrections should be made before the Birth Certificate is officially issued. The Certificate of Live Birth is the first unofficial draft of the fact that your mother gave birth to you. Once this information is complete, this Certificate of Live Birth is sent to the Office of Vital Statistics or State Register to create the Official Birth Certificate. For the sake of school, insurance, taxes, identification cards, and travel documents, you should use your Birth Certificate. While the Certificate of Live Birth shows that you are medically alive, the Birth Certificate is the official record declaring your place of birth. Some people are not born in hospitals and don’t have these other records. The United States federal government may not take your Certificate of Live Birth for Passport purposes either. There have been some difficulties with birth documents in Puerto Rico. It is always wise to have your official Birth Certificate in a safe deposit box. Remember that the live birth hospital form is primarily for data entry purposes. Your Birth Certificate is for official recording purposes and will have the signature and date of a state official on the bottom. It should be printed on high-quality paper or cardboard with a registrar’s embossed state seal in the corner for authenticity. This official Birth Certificate will also have a registration number, so it can easily be looked up for reference. |
What Happens If Someone Violates A Restraining Order? | A restraining order, sometimes called an order of protection, is a binding legal order issued by a court. Typically, a restraining order is issued when one party is accused of: The victim requests the restraining order as a means of protecting themselves from the aggressor. Terms in a restraining order differ depending upon the behavior exhibited by the aggressor. Sometimes the aggressor is restrained from approaching the home or place of work of the victim. They may also be prohibited from contacting the victim whether in person or by electronic means. Many aggressors who have a restraining order against them will intentionally violate the order. The consequences of doing so can be serious. In this article, we will discuss what happens if someone violates a restraining order, including the typical consequences and what to do if the order is broken. Violating a restraining order is a crime, but unfortunately, it happens quite frequently. In many cases, emotions run high when a restraining order is initiated against someone. Whether it is fear from the victim or anger from the aggressor, it is common for one party to feel the need to reach out to the other party. Now that technology is so prevalent, it is easier than ever to send someone a text, message them over social media, or give them a call. Sending an innocent text message may not seem like a violation, but if “no contact” is part of your order, it surely is. Regardless of if the person initiating contact is doing so to make amends or to retaliate, it is against the law. A person who violates an order of protection may be facing fines, jail time, or both. Restraining order violation is most often charged as a misdemeanor, though it may become a felony under some circumstances. For instance, if a person is arrested for violating a protection order, and this violation was committed in concurrence with another crime like vandalism or assault, many jurisdictions will elevate the charges to a felony. At the misdemeanor level, the aggressor may be facing up to a year in jail and fines of a few thousand dollars. At the felony level, the aggressor could be looking at five years or more in prison and considerable fines. The person who has obtained a restraining order should be careful to keep a copy of the order with them at all times. This way, if the order is violated in any manner, the victim can immediately show the protective order to the police who respond to the call. For the order to be most effective, the victim needs to strictly enforce it. That means contacting the police any time the order is violated, even if the contact appears benign. Failing to file a complaint can make it difficult to enforce the order later. It’s also important to promptly report any incidents between the victim and the aggressor. Authorities frequently cannot act if too much time has elapsed between the incident and when it was reported. A restraining order may only be a piece of paper, but it is nonetheless legally binding. This means that the restrained individual may be facing serious consequences for violating the order. If you are a victim of a restraining order violation, it is a good idea to find a family law attorney to help. However, if the aggressor does any harm to you (physical abuse, etc.), report it to the police immediately, and then notify your attorney. The family law attorney will be able to file a motion for contempt of court, meaning the original case that was opened against the aggressor will be readdressed in court. A hearing will take place, and a consequence will be determined. If you are the aggressor who has violated the restraining order, get in touch with an experienced criminal defense lawyer to tell you how to proceed. In most cases, the aggressor is the one that initiates contact after the order is in place – not the victim. But, what happens if the victim is the one reaching out to the aggressor? In some cases, victims might contact aggressors if they are a former love interest or family member. Maybe the man in the relationship physically abused his girlfriend, and she placed a restraining order against him for her safety. After time goes by, the girlfriend might have the desire to talk with the aggressor and decide she wants to reach out to him to make amends before getting the restraining order resolved. If the victim is the one to initiate contact, it is not a violation of the restraining order. It is only a violation if the aggressor is the one to contact the victim. |
Difference Between Juvenile And Adult Justice Systems | In the United States, both juveniles and adults may be charged with crimes. Both are entitled to be made aware of the charges and to have legal representation. The lawyers in either a juvenile or adult criminal court have the right to question and cross-examine witnesses. Moreover, both juvenile and adult defendants are protected from self-incrimination. Beyond these similarities, these two systems of justice are quite different. In most states, an individual charged with a crime who is between the ages of 10 and 18 is considered a juvenile. However, some states set an upper limit of 16 or 17 years of age for juvenile court. Should the defendant be accused of a particularly heinous crime, there is the possibility that they could be tried in an adult court. This is a relatively rare occurrence, and often controversial given the young age of the accused. Where an adult is accused of a crime, a juvenile is generally accused of a delinquent act. This implies that the infraction the minor is believed to have committed is of a less serious nature. Because they are not adults, juveniles are not afforded the right to a public trial by jury. Their cases are decided by a judge alone. However, the proceedings in adult and juvenile criminal courts are quite similar in that evidence is presented, testimony is given and witnesses are questioned. In many states, the rules of evidence are less formal in juvenile court, making it easier for both plaintiff and defendant to present their case. For adults found guilty of a crime, the courts focus on punishment. Essentially, they attempt to impose a penalty that will make it less likely for the individual to commit a similar crime again in the future. Incarceration is the most frequently used means of punishment. However, the juvenile court system focuses on trying to rehabilitate the minor. Parole and probation are often used, as are diversionary programs. Each state creates its own diversionary programs. Components of these may include: Sometimes these programs help offenders to prepare for the future with educational programs. The juvenile justice system is designed to set underage offenders on a different path that will hopefully keep them out of adult jails and prisons. |
The Reality of Criminal Profiling | When the mysterious serial killer Jack the Ripper roamed through the gritty and foggy streets of London in the 19th century, detectives from the Criminal Investigation Department of London’s Metropolitan Police were baffled by the alleged murderer’s skill in erasing his tracks. To aid their endeavor, the detectives put together a profile of the killer in the hopes of being able to run into the suspect as they conducted their investigation. Jack the Ripper was never confirmed to have been apprehended; however, the investigation resulted in the development of criminal profiling, which is widely used these days by law enforcement officials. Television dramas such as Profiler, Criminal Minds and Law & Order: Criminal Intent are based on criminal profiling as a forensic tool that can be used to augment the work of law enforcement officials and prosecutors, but this is also an activity that sometimes fail society and that can be subject to unethical abuse. Purpose of Criminal Profiling There are three objectives that criminal profiling seeks to achieve: Provide behavioral and social assessments of criminals, investigate how objects used by suspects may help them commit crimes, and to help investigators solve complex crimes. Criminal profiling has been successfully used to solve cases that rival Jack the Ripper in scope and complexity. For example, serial bomber George Metesky was identified and arrested thanks to psychological profiling of his correspondence in the 1950s. The arrests of serial killers Ted Bundy and Gary Ridgway were aided by extensive profiling. Criticism and Abuse of Criminal Profiling Although the intent of criminal profiling is clearly scientific, the investigative results are not always accurate. Critics often mention that criminal profiling is more art than science, and some police departments and government agencies, particularly in the United States, have debased this activity by introducing elements such as demographics, economics, race, and ethnicity to guide their actions. This is known as racial profiling. Gang suppression units and crime intelligence departments at law enforcement agencies often engage in racial profiling without even realizing it. A new trend in police work is crime prevention through behavioral and socioeconomic analysis combined with some elements of criminal profiling; to some critics, this practice sounds more like the precognition police officers in the 2002 science fiction film Minority Report, starring Tom Cruise. |
How To Get Residential Property Zoned Commercial | Are you considering buying a property that is not zoned the way you would like it to be? Have you inherited a residential property that would be more valuable as commercial property? Here is how to get residential property zoned commercial. The primary zoning categories are agricultural, commercial, industrial, residential, and mixed-use. The county or city level of government is usually responsible for these zoning laws. There should be a special zoning committee or department to make these decisions. You can start by printing an official zoning map you find online. Look for trends on how the property was zoned in the community. Research the history of your town to determine if your property used to be zoned in a different way. Consider the present demographics of your community. When the railroads, subway systems, and roads were being built, the zoning laws were being modified. Large corporations will request changing the residential property to commercial. What are the largest developments in your neighborhood? If you want to change your residential property to commercial property you must demonstrate how this zoning modification will benefit the community. Find a property like yours that was rezoned to commercial; collect evidence demonstrating the benefits. How Long Do You Have to Use Capital Gains from a Property Sale to Invest in Another Property Before Paying Tax? Companies provide the necessary employment, products, and services to make a community thrive. Well-organized neighborhoods will have their own associations – visit your neighborhood association. Neighbors might express worries over increased traffic, noise, and pollution. Offer solutions. Meet new neighbors and build up a rapport. Rezoning decisions will require two sets of approval: 1) From the government 2) From the community Attend regular government and zoning meetings to build up a relationship with the decision-makers. Learn about requirements and how people succeed in rezoning their land. Collect the official land description details for your plat or parcel. You might consider hiring an attorney, architect, engineer, or surveyor to support your case. You must look professional. Develop a backup plan in case there are too many concerns with your original plan. Make your request to the zoning officials. File your paperwork and pay the filing fee. Your request will be published in the local newspaper. Neighbors can comment pro and con. The government may want you to revise your plan. Finally, there will be a vote on whether to change the zoning ordinance. |
Laws Against Downloading Music | Video may have killed the radio star, but the Internet killed the record store. The music industry has not been the same ever since a file sharing software application called Napster was released right at the end of the 20th century. These days, music lovers can download songs and albums from a variety of online services, and sometimes they may be breaking the law while doing so. When Downloading is Illegal When a person purchases a song from iTunes, a file transfer or download must take place for the purpose of concluding the transaction. In a way, the music buyer is purchasing a license to enjoy a song under certain terms. This is legal insofar as being an online retail transaction. When a person uses a peer-to-peer (P2P) client to download a song that someone else is sharing from their computer, an act of copyright infringement might occur. It the individual or entity who holds copyright to the song did not authorize download thereof on a P2P network, an illegal activity may have taken place. Federal Laws that Apply to Music Downloads In the United States, a couple of federal laws help protect digital copyright works and intellectual property: 1 – The Digital Millennium Copyright Act (DMCA) of 1998 The DMCA is a complex and controversial law that was enacted before Napster arrived during the Clinton era. The DMCA has both civil and criminal provisions. Downloading music from a P2P network such as BitTorrent may result in a fine and could also open the door for the holder of the copyright to file a lawsuit and seek monetary relief. Under the DMCA, criminal penalties may be imposed on individuals who use technology to defeat digital copyright protection measures. 2 – The No Electronic Theft Act (NET) of 1997 Although this federal law was mostly enacted to protect software, it can also be applied to other digital copyright works. Whereas the DMCA can be broadly applied to individuals who engage in P2P file sharing, NET focuses on piracy schemes on a commercial scale. In general, if the value of the pirated works is $1,000 or less, the offense is prosecuted as a misdemeanor. When the value is higher than $2,500, the offense is treated as a felony. |
How To Arrange For Guardianship Of Your Children After Your Death | Dying and leaving behind minor children is something no one wants to consider. However, the consequences of not making guardianship plans can have long term, devastating consequences. Should you pass away without appointing a guardian, your child may be sent into foster care and an uncertain future. The parent who gives some time to contemplating an arrangement for guardianship of their child after death will experience peace of mind in the event of a tragic accident or illness. The deceased parent who leaves behind a surviving spouse can usually rely on them to care for minor children. However, if both parents pass away or if one has abandoned the children, it’s important for the custodial parents to choose a guardian. Careful consideration should be given to: Many parents looking for a guardian consider the candidate’s religious views, opinions about education, and whether or not they would be willing to accept the responsibility. Once a selection is made, it’s vital to discuss it with the person who may raise your children. Make certain they understand the responsibility they would be assuming and that they are willing to do so. Perhaps the best way to appoint a guardian in a legally binding manner is by placing it in a will. With the assistance of an attorney specializing in wills and estates, it should be little trouble to identify the appropriate guardian and make any other necessary arrangements for the care of the child. Wills can incorporate a great deal of detail about how you would like your child to be raised, and this can be a useful guide for the guardian. Schedule a meeting that includes you, the guardian, and the attorney to go over the details of the will. How To Write A Will For Free In the event of your death, a judge may be required to review the details of your will, particularly if someone else challenges some portion of it. One of the items that may be challenged is your choice of guardian. Most judges are willing to abide by your wishes as they are stipulated in your will. However, your choice may be subject to scrutiny. Although it is unlikely, the judge may decide against the guardian you chose in favor of someone else. Such cases are extremely rare, and if you appoint a guardian with the help of an attorney, there is little chance of this happening. |
How To Obtain An Apostille Stamp In The Usa | Sometimes individuals or companies must send legal documents issued in the United States to other countries. In the past, it was difficult for these foreign countries to determine the authenticity of these documents. To simplify the process, the concept of the apostille stamp was created. What is an Apostille? During the 1961 Hague Convention, participating nations agreed on a form of document authentication known as an apostille stamp. When foreign nations receive legal documents bearing the apostille stamp, they can reasonably assume that the papers are authentic. What Types of Documents Require an Apostille? A company may need an apostille stamp on their articles of incorporation, a power of attorney or bylaws. Individuals sometimes require apostilles on academic transcripts, diplomas and assignments or on birth, marriage and death certificates. Who Provides an Apostille Stamp? The Office of the Secretary of State for each state is empowered to place the stamp on documents for use in foreign countries. The website of the secretary of state is the best place to find information on the process, as it can vary somewhat from one state to the next. Typically, the applicant must fill out a form explaining what the document to be authenticated is, how it will be used and where it will be used. The applicant sends the form, the original document that requires the stamp and a fee to the secretary of state for processing. After a few days, the applicant receives their original document, complete with apostille stamp, in the mail. They are then free to send the document to the foreign country. Potential Complications to Consider The Office of the Secretary of State typically provides an apostille stamp on documents signed by the county clerk or another county or state government official without requiring further authentication. However, documents that are not signed by a recognized government official may need to be notarized before receiving the apostille stamp. This means that the document must be signed in the presence of a notary who then attests to the authenticity of the signature. The notarized document is then sent to the secretary of state with the request for apostille stamp. In these circumstances, the secretary of state’s office is authenticating the signature of the notary as a recognized official. If there is any doubt about the need for notarization, it’s best to contact the secretary of state’s office before mailing the request. |
What Does An FBI Background Check Show? | Obtaining a background check is often an important part of the hiring process. Background checks may also be useful for adoptions or for verifying that certain individuals are qualified to enter particular professions that are considered sensitive. In their National Crime Information Center the FBI maintains records of arrests from state and local agencies. Most of the records are linked by fingerprints as every individual who is arrested is fingerprinted as part of the booking process. The NCIC is essentially a database of these records. In addition, the NCIC also tracks reports of missing persons and fugitives who are wanted by law enforcement. When an FBI background check is requested, it typically shows all of the arrests for the individual in question. The data includes the date when the individual was arrested and provides a detail of the charges. Both felonies and more serious misdemeanors may be in the report. However, it is unusual to see moving violations or fines included. These offenses are typically not reported to the FBI because they are so minor. Nonetheless, a handful of agencies do report these matters at a federal level. Employers are the most frequent people to request background checks. Many jobs require that an individual maintain a clean criminal record to obtain, and in some cases to maintain, employment. People in teaching and medical professions are often the subject of a background check. When someone applies for a government job, even at city or county governments, it’s likely that a background check will be performed. Individuals other than employers may also find FBI background checks useful. For instance, a family looking to hire a nanny may want to request such a check in order to ensure their children’s safety. People hoping to adopt a child will probably be made the subject of an FBI background check by the agency that is coordinating the adoption. Sometimes people will request a background check on themselves. This helps to ensure the accuracy of the information. Also, as some data should be removed after a certain length of time, obtaining a background check can make certain this has happened. If it has not, then it can be corrected. Requesting a background check on themselves is the best way for people to ensure that the information being viewed by potential employers is accurate. |
How To Stop Telemarketers From Calling Or Texting You | Unwanted sales calls and text messages can be both annoying and disruptive. Random solicitation calls and texts are not the reasons why people buy telephones and cell phones. Individuals have telephones and cell phones to be able to communicate with personal and professional contacts and to make and receive emergency calls. For the majority of phone owners, telemarketing communications have become a real nuisance. When phones ring with calls or ping with text messages from solicitors and people don’t know who’s contacting them, they’ll generally stop what they’re doing or they’ll allow their sleep to be interrupted to answer incoming calls or to read text messages. It is very upsetting when the calls and texts are from telemarketers, especially when cell phone users are charged a fee for sending and receiving text messages. But, people don’t have to endure these calls and texts; there are several ways to curb, if not completely stop, these bothersome communications for free. <strong>National Registries</strong> The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) was passed by Congress in 2003. This act prohibits telemarketers from sending messages or calling telephone owners with unwanted solicitations. However, phone owners can assist the federal government by subscribing to one or more of the national do-not-call registries. The following two websites are free to all phone owners. 1. The national do-not-call registry, www.dnc.gov, is the best place to subscribe both landline and cell phones. All someone has to do is go to the website, enter up to three telephone numbers and provide an email address. An email will be sent to a subscriber to verify the information. 2. The Federal Trade Commission’s do-not-call registry can be accessed online or by phone. The website, www.donotcall.gov, is where someone can list up to three phone numbers and an email address. The registry will send an email to the subscriber to verify the information. Individuals without computers can register their phone numbers on a do-not-call list by calling 1-888-382-1222. <strong>State Registries</strong> In addition to placing phone numbers on the national do-not-call registries, people can also list their numbers on their state’s do-not-call registry. At the current time, not all states provide this service. The website, www.donotcallprotection.com/state_do_not_call_list.signup , is where someone can find out if a state has this service and how to subscribe for the protection. Both national and state registries also provide information and procedures for phone owners to use if they continue to receive unwanted calls and texts. |
The law of verbal agreements | <p>People have traditionally used a handshake to signify the reaching of an agreement. Verbal agreements, with or without the symbolic handshake, are legally enforceable in most instances. State laws require that certain types of agreements must be in writing under what is referred to as the Statute of Frauds.</p>
<p>Elements of a Legally Enforceable Agreement</p>
<p>Whether in writing or verbal, a legally enforceable agreement must contain three elements:</p>
<ul>
<li>An offer</li>
<li>An Acceptance</li>
<li>Consideration</li>
</ul>
<p>When the three elements are present, they signify that the parties have achieved a meeting of the minds with each one obligated to do something. For example, a buyer’s acceptance of an offer to sell a car for $1,000 signifies a meeting of the minds completed by the giving of the keys and title to the vehicle in exchange for the money from the buyer.</p>
<p>The mutual exchange of something of value is what sets an agreement that courts will enforce apart from a gift that is not legally enforceable. A promise to give someone $1,000 without requiring the person receiving it to do anything in return is a gift that the giver can decide not to give.</p>
<p>Verbal Agreements in Court</p>
<p>The difficulty of proving the existence of a verbal agreement in court is one of the primary reasons attorneys recommend reducing them to writing. Memories can fade over time, so the terms of a verbal agreement might be subject protracted litigation as the parties argue over their conflicting interpretations of the contents. Although witnesses might prove helpful, rarely do the parties to a verbal agreement conduct their business in the presence of others.</p>
<p>One method of avoiding problems with verbal agreements is to confirm the terms in writing. A letter, memo or email to the other person to a verbal agreement might be sufficient proof of the terms to use as evidence in court.</p>
<p>Statute of Frauds</p>
<p>The Statute of Frauds requires that certain types of agreements must be in writing to be enforceable. Although the laws differ from state to state, the following agreements will not be enforced by the courts unless they are in writing:</p>
<ul>
<li>Agreements for the sale or transfer of an interest in real property</li>
<li>Agreements to answer for the debt of another person</li>
<li>Agreements that cannot, by their terms, be performed within one year</li>
</ul>
<p>Even if a verbal agreement is proven to exist, it cannot be enforced in court if the law requires that it be in writing.</p> |
Employment Rights Of Convicted Felons | Convicted felons looking for work typically have a hard road ahead of them. Federal and state laws may prohibit them from working in certain industries or may prevent them from being able to obtain a license to work in others. Understanding the employment rights of convicted felons can make it easier to find a job or to determine whether or not the employer is utilizing discriminatory hiring practices. The Federal Government’s Stance U.S. discrimination laws are administered by the Equal Employment Opportunity Commission. Under Title VII of the Civil Rights Act, the EEOC claims that it is unlawful for employers to habitually refuse employment to felons whose criminal act is in no way related to the applied for job. In other words, an employer would be well within their rights to refuse to hire someone convicted of child abuse as a schoolteacher, but that guideline may not apply if the felon applies for a job as a paralegal. Moreover, employers using overly broad rules to avoid hiring felons may be in violation of the law. State Laws Statutes at the state level vary. Within the Fair Credit Reporting Act, employers are allowed to use an applicant’s criminal history when making hiring decisions. However, each state sets guidelines for which information is made available to employers. Some states allow employers to utilize arrest records even if it did not result in a conviction. Other states only allow employers to make hiring decisions based on convictions while arrests without convictions must be overlooked. Additional Factors Some states require that employers weigh other factors. Often, a conviction that occurred many years ago should not be allowed to figure as heavily on a hiring decision as a conviction that happened in the recent past. Also, the employer sometimes must consider the seriousness of the crime committed and whether or not it has any relation to the job. Prohibited Jobs Some jobs that require a license such as teachers, lawyers and doctors, may be forbidden to felons. However, it is possible to find exceptions. Some felons have also been able to obtain employment in these fields and others through obtaining a pardon. Pardons are granted at the state level by the governor while federal crimes must be pardoned by the president. Going through the process of obtaining a pardon can be lengthy and difficult, but it may be worthwhile for the rehabilitated felon seeking employment. |
Definition Of Retribution In Criminal Justice | Retribution is at the heart of just about all judicial systems that deal with law and order. To the extent that punishment is supposed to fit the crime, retributive justice can be distinguished from revenge in the sense that defendants are expected to give up something in return for the offenses they committed. Retribution can be considered a susceptible principle insofar as ranging in doctrines from “an eye for an eye” to “the Golden Rule.” Long before Hammurabi, the ancient King of Babylonia, codified the laws of the lands he ruled, societies approached crime and punishment based on religious beliefs. For example, the “eye for an eye” doctrine is biblical, but it is also present in the Code of Hammurabi that is believed to predate the Holy Scripture. This means that ancient societies believed in a form of retribution that was closer to retaliation. As religious leaders and philosophers pondered retribution, the Golden Rule of reciprocity was brought into consideration. Retribution without consideration of morals or ethics could be considered revenge. From these musings, the concept of retributive justice has advanced to punishment that must fit the crime. How to Get a Job in Criminal Justice When criminal offenders are believed to have gained an unfair advantage over others by breaking the law, judicial systems attempt to look beyond the punishment. Making victims whole by assessing fines or ordering restitution are concepts that seek to make retribution a more equitable affair to society in general. Unfortunately, such attempts do not always work as intended. An example of economic retribution would be a court order extended to a white-collar criminal who stole funds from his or her employer. Sending this convict to prison for a crime that deprived his or her victims of economic opportunity is not a good example of a punishment that completely fits the crime. If the convict is not allowed to work and make restitution, the victims are not being served by the justice system. In fact, a lengthy period of incarceration may come at a deep cost to taxpayers, who would be denied the economic opportunity as well. |
Reasons For A Dishonorable Discharge | When a member of one of the branches of the U.S. armed forces commits an action that is considered a major violation of the code of proper conduct, they may be brought before a general court-martial. If found guilty of the offense, the military personnel may receive a dishonorable discharge. This expulsion from military service can have serious and far-reaching consequences. Possible Crimes that May Lead to Dishonorable Discharge Military personnel who receive a dishonorable discharge frequently commit the most serious crimes according to military protocol. A serviceperson who is Absent Without Leave, or AWOL, may be dishonorably discharged. To be considered AWOL, the individual must leave their post intentionally or fail to return to their post. Sedition is another crime that may be punishable with dishonorable discharge. In a case involving sedition, the guilty personnel may have tried to get others to disregard orders or may have even been involved in a plot to overthrow the government. Someone found guilty of a sexual assault may also be dishonorably discharged. Sexual assault can take a number of forms up to and including rape. In general, any time that sexual contact is forced on another individual, sexual assault has occurred. Similarly, charges of manslaughter or murder may also lead to a dishonorable discharge. Manslaughter charges may be brought upon an individual whose action or inaction unintentionally resulted in the death of another. When another’s life is intentionally ended, murder is the typical charge, and the guilty subject may receive a dishonorable discharge. Consequences of a Dishonorable Discharge When a major crime has been committed, the dishonorable discharge is rarely the end of the legal proceedings. Individuals who are dishonorably discharged may still be facing criminal charges in regular or military courts. They may be sentenced to jail time or to pay fines. However, a record that includes a dishonorable discharge can follow the individual through the rest of their life. People who have been dishonorably discharged may be shunned by military personnel, and they typically lose their entitlement to any military benefits for which they would otherwise have been eligible. Moreover, they may find it difficult to obtain employment and they will be ineligible for unemployment benefits. Some will be barred from owning a gun, holding public office and voting. Successfully appealing the dishonorable discharge may restore some of these benefits and entitlements, but the process is difficult and frequently futile. |
What Happens When You File A False Police Report? | If you’re a witness or victim of a crime, one of the first steps to justice is filing a police report, which helps prompt an investigation. And while it is imperative to be completely honest and detailed when making a statement to the authorities, sometimes false statements are given, instead. So, why would someone file a false police report? There are a number of reasons – sometimes it’s done to shift the focus of an investigation away from oneself. On other occasions, a false police report may be made in order to make an innocent party appear guilty. Regardless of the reasons, filing a false police report is a serious crime that carries real consequences. A false police report always involves the element of knowingly supplying incorrect information, which typically results in the charge of lying to the police or obstruction of justice. There are varying consequences depending on how much damage the lie causes (more on that in a moment), but there is one sure-fire way to avoid getting yourself in that situation. You’ve heard it before – maybe in a soap opera or a movie – don’t talk to the police without an attorney present. And while it may seem like a cliché line, it is the single most important piece of legal advice when it comes to deterring someone from filing a false police report. How Long Do You Have To File A Police Report? Often, the result of a false report is the obstruction or hindrance of a police investigation. Depending upon the jurisdiction, a false police report may be charged as a: Misdemeanor charges may result in jail terms of one year or less. Typically, the defendant must also pay fines. If a person is charged with a felony, they may be looking at more than a year in jail and substantial fines. The person who made the false report may also be liable in a civil suit, such as if their report caused damage to another’s reputation. At the federal level, the consequences become even more serious. A false report that involves terrorism is treated the most severely, with prison terms of between seven and 20 years being common. The courts may also consider a false report of terrorism as a violent crime even if no violence occurred. If you are in a situation where you have filed a false police report, whether or not it was intentional, it is best to hire a criminal defense attorney as soon as possible. They may be able to argue that the statements were not made knowingly or that the statements were not intended to obstruct the work of the police. Defending a false report case is tricky, but it can be successfully handled. If you’ve ever seen Netflix’s Making A Murderer docuseries, you know just how complex and difficult it can be to clear someone’s name after providing the police with false information. The case of Brenden Dassey is a globally-known example of what can happen when someone speaks to the police without a criminal defense lawyer present. Brenden Dassey was convicted for life after admitting to charges of rape and murder. The documentary attempts to falsify Dassey’s statement to the police, and while it appears to the public that he was coerced into lying to the officer, he is still in prison. However, if Dassey’s report to the police was in fact false, as the show makes it seem, he could have avoided the entire situation if he would have had a criminal defense lawyer present at the time of the interrogation. Dassey’s case is just one possible avenue when it comes to lying to the police. There are many other outcomes that can result if you file a false police report. To learn more, check out how long you have to file a police report after a crime has taken place. |
How To Fight A Restraining Order | Being served with a restraining order, particularly one that is undeserved, is infuriating. However, it’s important to remain calm. There are ways to fight it, and your chances only improve if you behave in a civilized manner. Seek an Attorney Your best chances for fighting a restraining order lie with an attorney. The type of restraining order will dictate what kind of attorney you’ll need to represent you. If you are involved in a criminal investigation, then a criminal defense attorney is your best resource. People who are dealing with a divorce will want to seek a family law attorney. Any other civil matters can be handled by a civil litigation attorney. Being Served and Responding You may be served with the restraining order through the mail, in person or at court. Regardless of the venue, it’s critical that you remain calm. Making an angry or impassioned argument to the process server or the judge will not help your case. Take it to an attorney instead. Your attorney can help you make a response to the restraining order. Many jurisdictions have a form that can be filled out and filed as a suitable response. Generally, it makes sense to file the response before the hearing date cited in the restraining order. This gives the judge a chance to examine your response in advance of the hearing. Understand and Comply with the Order As unfair as the restraining order may be, you must abide by it while you are awaiting your hearing. Your attorney can provide detailed instructions for actions you must avoid. For instance, you may be prohibited from contacting the other person via any means. Perhaps you must not approach them from within a certain distance. Some restraining orders may prohibit you from purchasing a firearm. You may also be required to give up any weapons you already own. Attend the Hearing Prepare for the hearing with your attorney. Make sure that you have copies of all relevant documents including the restraining order and your response. Your attorney can help you decide if any other documents may be necessary to support your position. Arrive at the courthouse well in advance of the appointed time. Don’t allow your emotions to control you. Remain calm, courteous and respectful. There’s no guarantee that the judge will decide in your favor. However, following these steps can make your success a more likely outcome. |
What Are Some Consequences Of Plagiarism? | Copying someone else’s work and passing it off as one’s own can come with serious consequences. Some of these are personal, some are professional and some are legal. These consequences can vary depending upon how and where the plagiarism occurred. Students in high school or college may plagiarize another’s work either: Usually, the school sets the penalties for a student who is found to have plagiarized their work. In cases where the student plagiarized unintentionally through accident or misunderstanding, then the consequences may be largely up to the teacher. Perhaps the student will receive no credit for the assignment or will be warned about further consequences should the tendency to plagiarize continue. When the plagiarism appears to be intentional, there may be a number of consequences. These include failing the assignment and having to redo it. Some students may not be able to recover their grade or may automatically fail a course. Some academic institutions will suspend a student for plagiarizing. In extreme cases where the student commits plagiarism on several occasions, they may be dismissed from the school. When a professional commits plagiarism, the stakes are even higher. Notoriety as a plagiarist can effectively end a career. The plagiarist may be asked to leave their job or be fired. When this happens, it can be extremely difficult for the individual to find employment in the same field. Public figures may receive the heaviest consequences to their reputation and may have to retire from public life. Plagiarism that is egregious enough may also be subject to legal action. When a citation to the source material is omitted, then copyright laws have been violated. The original author of the work that was plagiarized may have grounds to file a civil suit. Some of these lawsuits are highly publicized, which can cause further damage to the plagiarist’s reputation. Moreover, the defendant may be liable for considerable monetary damages that must be paid to the plaintiff. Privacy Laws: Why It Matters, What To Do, & Important FAQs Considering the seriousness of the consequences, it’s important to avoid plagiarism at all costs. Doing so requires vigilance on the part of the writer. This may mean double-checking that all sources are properly cited within a piece. While this may consume a great deal of time, it is a worthwhile endeavor to avoid the academic, legal, and professional consequences that follow an accusation of plagiarism. |
How to Bring Cash Legally Into the United States | Although there is no limit as to the amount of currency that travelers can carry when they arrive to the United States, there are certain procedures with regard to customs and taxation that must be observed. In general, travelers do not have to worry about carrying amounts less than $10,000; however, traveling with a lot of cash could pose problems. Declaring Money to U.S. Customs All currency and negotiable instruments that can be readily turned into cash must be declared at U.S. ports of entry and exit. Travelers who enter or leave the U.S. via airports, seaports or border crossing checkpoints must complete a Customs and Border Protection Form 6059-B and declare the exact amount of money they are carrying. When filling out a form 6059-B, travelers must declare all U.S. and foreign currency as well as gold and silver coins. Highly liquid instruments such as cashier’s checks and money orders are also subject to declaration. Travelers who pass through the U.S. in transit to another destination must also submit to this declaration, but they do not have to list checks or money orders that have not been endorsed. People traveling together should add up their cash and instruments when making this declaration. Should the amount of currency and negotiable instruments add up to more than $10,000, travelers must complete a Finance Crimes Enforcement Network (FinCEN) form 105, formally known as Report of International Transportation of Currency and Monetary Instruments. The Internal Revenue Service is notified of these declarations for the purpose of determining whether the funds are subject to income tax. Anti-Money Laundering Measures As part of the War on Terror and the War on Drugs, U.S. law enforcement agencies have significantly increased their vigilance over money laundering. To this effect, travelers who carry large amounts of cash without supporting documentation of its legitimate source may be subject to secondary inspections and seizure of funds. In some cases, law enforcement may confiscate cash in excess of $10,000 until supporting documents are produced. Failure to declare currency or willful misrepresentation on form 6059-B could result in hefty fines or funds being seized. Travelers who carry just under $10,000 in cash in frequent trips may come under suspicion of structuring a money laundering enterprise. FinCEN is also working on a method to compel travelers to declare prepaid cards that are loaded with $10,000 or more. |
The Wedding Cake Model Theory Of Criminal Justice | Criminal laws are a method of social control by which government designates certain behaviors as contrary to the health, safety, or moral welfare of society. The laws define the conduct and establish penalties for those who violate them. The criminal justice system is law enforcement, courts, and corrections working together to apprehend, convict and sentence, and punish those people convicted of committing crimes. Criminal justice experts and scholars have referred to the criminal justice system as a process to deal with offenders. Everyone entering the criminal justice system is not treated the same. The system would be overwhelmed if the large volume of cases it must process were moved through the system without regard to the types or seriousness of the offenses. Samuel Walker studied the criminal justice process and compared it to a four-tiered wedding cake. According to Walker, cases entering the criminal justice system were treated differently according to the tier they occupied on the wedding cake. The first level at the top of the cake is reserved for high-profile cases. Celebrated cases are those involving the rich, famous, or those individuals with a high media profile. Level-one cases receive all that the criminal justice process has to offer from highly competent legal counsel and expert witnesses to trials and appeals. Cases in the first tier take up a good deal of the time and resources of the system. Cases on the second level are serious crimes such as: Level two cases are serious felony offenses that require the full attention of the criminal justice system. Level one and level two cases are handled in the highest criminal courts in the system. Level three cases are less serious than level two offenses. These cases usually are committed by first offenders or by offenders who are related to or know the victim. Level two offenses are usually resolved through the plea bargaining process rather than through a trial. Cases on the lowest tier of the wedding cake are nonviolent misdemeanors. These cases are handled by the lowest criminal courts and might involve alternative sentences such as community service. How to Get a Job in Criminal Justice Administration According to the wedding cake theory, most cases coming into the system fall into the lowest tier of the cake. At this level, cases can be handled in an assembly line manner to move them through as quickly as possible. |
What Happens When You Don’t Pay Child Support? | Child support obligations are officially mandated by a court of law. These agreements for the support of minor children specifically define when and how much must be paid by the non-custodial parent. When a non-custodial parent cannot or will not meet these obligations, they may face serious consequences that can include time in jail. Because child support is essentially a court order, a non-custodial parent who is not making these payments will be found in contempt of court. They are informed of the contempt charge in writing and ordered to appear in court. If the parent does not appear, a bench warrant for their arrest will be issued. Even if the parent does appear, they may still be sent to jail if they cannot provide adequate proof that they could not make the child support payments, rather than simply being unwilling to do so. When the non-custodial parent suspects they will no longer be able to meet their child support obligations, it’s important to act quickly. The loss of a job, an extended illness, or other income reduction may significantly change the parent’s ability to pay. They can file a motion for child support modification that would decrease the amount they must pay each month. It may take time and the assistance of an attorney, but this proactive means of dealing with child support issues is far preferable to be found in contempt. Many judges recognize that it is impossible for parents who are incarcerated to meet child support obligations. Accordingly, courts won’t necessarily throw a parent in jail because they missed a few payments. They may order: That is if they think such actions will help ensure proper payment. Depending upon the jurisdiction, the judge may also be able to modify the amount of child support that will be owed in the future. In these situations, the judge cannot reduce the amount of back child support payments that are owed. However, future child support payments may be reduced to reflect the noncustodial parent’s ability to pay. Failing to comply with court-ordered child support payments can result in a major legal headache, tremendous expenses and time in jail When possible, it’s best to request a modification to avoid many of these penalties. |
How To Send Care Packages For Inmates | If someone you love is incarcerated, you may feel helpless. Although you may not be able to see your friend or family member very often, there is one way you can comfort them during their time in jail or prison. Sending a care package to an inmate with their favorite treats, reading materials, pictures, and notes is a great way to show your love and support. But as you’ve probably learned, there are strict rules in regards to what inmates are allowed to have possession of while they are incarcerated, so how do you know what is okay to send them in their care package? In this article, we will discuss: Because of security concerns in jails and prisons, it is no longer possible for friends and family to send care packages directly to inmates. Instead, it has become common practice for prisons to develop contracts with certain approved care package providers. Loved ones can contact these care package providers to send a gift to an inmate. Regulations vary between jurisdictions, so it’s best to check with prison management to determine how often an inmate may receive care packages. Most only allow prisoners to receive one package each quarter. Moreover, prisons usually only contract with certain care package providers. If you order a package from another company that is not approved, it likely cannot be delivered. Contact the prison where the inmate is being held to find out which providers are approved for use. Each item in the package is carefully selected to meet prison regulations. They run the gamut from products designed to provide entertainment and distraction to useful everyday items. A care package might include food like coffee, candy, meats, and seafood. Personal hygiene items like toothpaste, shampoo, and deodorant are commonly included. Some inmates also receive shoes, sweats, or underwear in care packages. Sometimes things like guitar picks, headphones, art supplies, and books can be sent to prisoners. Some package services make it possible to set up a recurring order that is automatically sent each quarter. Each delivery essentially includes the same items. Customers may also make special orders for other items that are not included in the quarterly delivery. Again, it’s very important to check prison regulations before placing a special order. Some inmates may not be permitted to receive an additional delivery in the same quarter. The good news is that the care package providers make it very easy for the shopper to make smart choices. After arriving at the package provider website, users often have to input the inmate’s number or choose the correctional facility where they are housed. The user will then be given options for care packages that are approved for that inmate and that facility. If you have the opportunity to communicate with the prisoner, they may be able to tell you about certain items they need, and you can tailor your next order to meet these requirements. After the order is placed, it can be tracked at the website. Putting together a care package yourself sounds nice, but you run the risk of including something in the package that is against the jail or prison’s rules and regulations. Before your loved one will receive your care package, it will be thoroughly examined by an officer, and only approved items will be passed along. A simple and convenient alternative to creating your own inmate care packages is using a supplier. Companies like JPay and Access Sercurepak have tons of experience putting together inmate care packages. All you need to do is visit their website and order the one you want to have shipped to your loved one. Here’s a look at some of the best suppliers to use: One of the best places you can go to purchase a care package for an inmate is Access Catalog’s Access Securepak. Serving facilities in all 50 states, Access Securepak makes it extremely simple to go online and pick out the perfect care package for a loved one who is incarcerated. They partner with jails and prisons to ensure inmates are given safe and meaningful gifts, like food and snacks, personal hygiene products, electronics, and clothing. To see if the facility you are sending a package to is partnered with Access Securepak, visit their website and input your state. Then, choose a program, create an account, and begin shopping for the perfect care package. All items available abide by the facility’s rules and regulations for incoming shipments, so they do not have to be scanned and dug through upon arriving at the facility. Loved ones pay for everything on the website. Mycarepack.com is another inmate care package supplier that partners with jails and prisons to provide inmates safe and secure gifts from loved ones. Similar to Access Securepak, you will visit the MyCarePack website, input the state and facility where the inmate is located, and select your items. After putting together the inmate’s care package online, you will select the inmate’s information so you know it will be delivered to the right person. MyCarePack allows you to select items like candy, clothing, coffee, condiments, drinks, food, personal hygiene materials, pre-stamped envelopes, phone cards, medicine, and other snacks. JPay is a company that partners with jails and prisons to provide inmate services like money transfer, email, video visitation, music, and education. So while they do not offer traditional inmate care packages with snacks and magazines, they give friends and family of inmates a way to connect with them and show their support electronically. JPay has kiosks set up in the facilities they partner with so inmates can login and send emails to their loved ones, view photos, and view/send videograms. Inmates and loved ones can also do “video visitation” through JPay’s kiosks, which are typically 30-minute sessions to video chat with family members or friends that live far away or are not able to come to in-person visitation at the jail. All services are conveniently paid for through JPay’s online portal. To learn more about getting in touch with someone in jail, here’s a look at our guide on the Best Way To Find Someone In Jail For Free. |
What Is The Role Of A Defense Attorney? | In the U.S. justice system, everyone is entitled to a vigorous legal defense. In most cases, this defense is headed up by an experienced defense attorney. However, many people don’t really know what a defense attorney does. A defense attorney represents a defendant in court proceedings. They most often appear in criminal court when the defendant has been accused of committing a crime like a burglary or murder. Whether the charges against the defendant are a misdemeanor or a major felony, they are entitled to vigorous legal defense, and it is the job of the defense attorney to provide this. Most legal matters that are handled by defense attorneys begin months before the trial date. Their services may be engaged to protect the rights of a person who has not yet been charged with a crime, but suspects that they may be charged soon. This way, the defense attorney can be present for any interviews with law enforcement and can instruct their client regarding which questions should or should not be answered. Defense attorneys may themselves become deeply involved in the investigative process as they begin reviewing evidence and search for further documents or other items that might support the innocence of their client. Moreover, the defense attorney may move to have the charges against their client dropped if insufficient evidence of their guilt comes to light or if the manner in which the investigation was conducted is called into question. A defense attorney provides other services like: A plea bargain often means that the client gets reduced charges and therefore a lighter sentence than they might if the matter had proceeded to trial. When negotiations and plea bargains fail, the defense attorney prepares to represent their client in court. Utilizing deposition transcripts and the evidence, the defense attorney builds a strategy to protect their client’s rights. The prosecution is responsible for proving to a jury that the defendant is guilty beyond a reasonable doubt. While the defense does not have the burden of proving their client’s innocence, they are free to present evidence that shows their client’s innocence or that could cast doubt of the client’s guilt in the minds of the jury. |
How To Obtain Medical Records Of A Deceased Relative | Federal law strictly protects medical records for each individual in the U.S. The Health Insurance Portability and Accountability Act, or HIPAA ensures that intensely private information cannot be misused or improperly shared. A person’s right to privacy under HIPAA extends until 50 years after their death. However, sometimes relatives need access to the deceased person’s medical records. The information contained in these records may be useful when it comes to predicting what sorts of hereditary ailments the patient and their doctor need to be aware of. There are essentially two methods for obtaining these records. When someone passes away and leaves behind a will, the document typically appoints a personal representative or an executor for the estate. The right to access personal medical records passes from the individual to the executor after their death. State laws, operating within overall HIPAA guidelines, largely determine precisely how medical records may be obtained. Usually, the personal representative or executor must submit pertinent documents such as: Some states may require filling out and submitting forms. Medical records can usually be obtained through state or county government offices or even through the hospital. Individuals other than the personal representative or executor may ask that person to obtain copies for them. If a person dies without having made a will, most states recognize their nearest surviving relative as their personal representative or executor, this may be a: Depending on the state’s practices, this person may need to go through extra steps in order to obtain access to their deceased relative’s medical records. Once again, county and state health departments can be helpful in this quest. The hospital where the relative passed away may also be able to offer assistance. Physicians and other health care practitioners have long been aware that knowing a relative’s medical history can be enormously informative as far as the care of their patients. Accordingly, a doctor may make a request for medical records on another individual. HIPAA rules do not require that a physician be authorized by the estate to do so. Since doctors must already possess sophisticated knowledge of the applicable privacy laws, HIPAA permits access to medical records for appropriate purposes. You can also have a look at How to transfer a car title when the owner is deceased. |
How to Get Money Back from an Internet Scam | Internet fraud and online scams are just two of the ugly downsides of the Information Age. The advent of the Internet has impacted just about every facet of life, and crime has not been left out. Fraudsters, scammers and flimflam artists are constantly prowling in cyberspace; in the United Kingdom alone, statistics related to Internet crime reveal that more than $25 billion were lost to online scams in 2012. According to the Internet Crime Complaint Center (IC3), recovering money lost to an Internet scam can be extremely difficult, particularly when the funds have been sent overseas via commercial money transmitters such as Western Union. In essence, getting money back would require a reversal of the wire transfer, which is almost impossible when the funds have been claimed by the recipient. Not all Internet scams involve wiring money overseas. In fact, most instances of online fraud are perpetrated by offenders who pose as legitimate merchants. Acts of deceptive trade and fraudulent commerce fall under the purview of consumer protection and law enforcement agencies at the state and federal levels; this means that consumers can get relief in some situations. Filing Consumer Complaints One common Internet scam consists of perpetrators offering goods or services that they do not intend to deliver. For example, a person interested in buying auto parts for a Toyota truck may complete an online transaction using a credit card; if the parts are never shipped, the buyer can take the following steps: – Identify the purchase by collecting all available evidence. This would include receipts of the transaction, credit card statements, messages sent to the merchant, a screenshot of the website, etc. – If the alleged scammer claims to operate within the same state as the buyer, the attorney general’s office may be able to help through its own consumer protection task force or agency. This would entail filing a complaint and providing the agency with the evidence collected. A joint effort between law enforcement, prosecutors and the courts may lead to a judicial order to recover funds held by scammers for the purpose of returning them to victims. In some cases, consumers enjoy added protection when they use their credit cards. The issuer may offer assistance with the investigation or they may reimburse the cardholder with some of the funds lost. Some companies even offer additional insurance for cardholders who pay a monthly fee. |
What Is Gender Inequality In The Workplace? | Gender inequality, which is sometimes called sex discrimination, means receiving unequal treatment based solely on gender. Women are most commonly the subject of gender inequality in the workplace. Despite decades of reform, statistics suggest that for every dollar a man earns a woman in a similar job earns just 77 cents. Clearly, there are still improvements to be made. Understanding gender inequality is a step toward eliminating it from the modern workplace. Unequal Rather than Just Different To be considered genuine gender inequality, a person must be treated unequally based upon their sex, rather than just being treated differently. As an example, providing separate bathrooms for each sex is not a policy of gender inequality. However, if that same employer made hiring or salary decisions based on the worker’s gender, then this would constitute gender inequality. Employers are also legally forbidden to discriminate against pregnant workers. As a temporary medical condition, pregnancy and childbirth should be treated like other illnesses without adversely affecting the employee’s chances of being promoted or remaining employed. Sexual Harassment Harassment can be seen as another form of gender inequality in the workplace. Offering a bonus in exchange for sexual favors, making off color jokes or engaging in unwanted advances are all examples of harassment. Once again, such behaviors are prohibited by law, but harassment against both sexes still occurs regularly. The Civil Rights Act of 1964 This was a groundbreaking piece of legislation that prohibited employers from making hiring, firing, salary and promotion decisions based on gender. Title VII of the act offers protection from gender inequality in the workplace and from sexual harassment. Under Title VII, employers also are not permitted to retaliate against employees who make allegations of gender inequality in the workplace. The Equal Pay Act of 1963 Another important piece of legislation that helps to protect workers from gender inequality, the Equal Pay Act forbids employers from making salary decisions based on gender. Workers who have the same job title, perform the job with the same skill level and are similarly productive should not be paid different wages simply because one is a man and one is a woman. The Equal Employment Opportunity Commission One of the Commission’s goals to is to eradicate gender inequality from the workplace. Accordingly, they are tasked with enforcing discrimination laws. The EEOC is often the first place an employee goes with a gender inequality complaint. |
How To Prove A Parent Unfit In Child Custody Cases | Child custody can be one of the most divisive components of any divorce. This is particularly true when one parent believes that the other parent is unfit. In most jurisdictions the judge will try to determine the custody arrangement that is in the best interest of the child. This may mean that you will have to prove that the other parent is unfit for sole or joint custody. Presenting Your Case Many judges dislike parents bashing each other in the courtroom. As a general rule, it’s advisable for you to focus on why you are the better parent. For example, you might be prepared to demonstrate the predictability of your child’s schedule and provide proof about nutritious eating habits and enriching extracurricular activities. Evidence such as this can help to convince the court that you are the better parent. Focusing on your parenting skills is a wonderful way to gain the sympathy of the court. Knowing the Law Child custody laws vary widely. Accordingly, it’s in your best interests to be familiar with your state’s laws. The best way to do this is by hiring legal counsel to represent you. Your lawyer is your ally and can help you take the steps necessary to prove that the other parent is unfit. Gather Evidence It’s likely that you’ll need more than your own testimony to prove that the other parent is unfit. Official records that detail the other parent’s criminal history, substance abuse or pattern of domestic violence can be invaluable. Photographs, correspondence and audio or video files are also admissible forms of evidence. You may be able to establish that the other parent’s home is unsuitable, such as if the child is exposed to dangerous objects or situations. Even the neighborhood where the other parent lives may be a factor. If it’s a neighborhood with a notoriously high crime rate, the judge may decide that the child is better off not spending time there. Get Help from a Psychologist In custody cases you may be able to ask the judge to have the other parent evaluated by a psychologist. This can be revealing, and while it is not necessarily conclusive, it can offer the court insight into the other parent’s state of mind. You may also ask to have your child evaluated by a psychologist as this may help to determine what their relationship with the other parent is like. |
How To Deduct Professional Association Dues From Taxes | Employment related professional association dues or fees are allowable as tax deductions if they meet the guidelines established by the IRS (Internal Revenue Service). You must know how the dues will be utilized by the association to calculate what portion of the dues can be a tax deduction. Fees paid for professional associations or memberships are classified as miscellaneous deductions. This means that only the amount of those dues or fees paid which exceed 2 percent of your adjusted gross income can us listed as a tax deduction. Additionally, the dues or fees must meet the IRS classification of an ordinary and necessary expense to be a deduction. <strong>Utilization of Professional Association Dues</strong>
Any portion of the membership dues that are used for the funding of social events, for recruitment of new members, for lobbying or for political contributions cannot be taken as a tax deduction. You can get an itemized listing from the association on how your dues were used. Total the amount of the funds that are used by the association to assist you in your professional career and subtract 2 percent of your adjusted gross income. If the balance is more than zero, you will list this amount on Schedule A of tax Form 1040. You do not have to submit your receipts with your taxes, but need to keep them in the event that you are audited. <strong>Ordinary and Necessary Professional Association Dues</strong>
Professional associations are those organizations directly related to your ability to earn income. When being a member of a professional organization will assist or enhance your career or income capability, it may be partially or wholly deductible. These organizations include professional boards, trade boards, real estate associations, chambers of commerce, bar associations, and professional leagues. If your employer requires you to have membership in an association as a condition for employment and does not reimburse your costs, those dues or fees are tax deductions. If you are required to have any medical examinations or tests to qualify for membership and your employer does not reimburse you, those costs are also tax deductible. If you have paid for membership in any professional or trade association and are not clear on whether all or some of the fees are tax deductible, you can always seek the advice of a tax professional. Everyone who earns an income must pay taxes and everyone is entitled to reduce the amount owed by all legally allowable deductions. |
How Does A Restricted License Work? | A normal driver’s license allows people to operate a vehicle at any time to visit any locations with any passengers they see fit. A restricted license offers much more limited driving rights or privileges. This is how a restricted license works. “Special Categories for Licenses” All just laws are supposed to apply equally to all parties. In order to create special driving categories, there must be a reason for not believing that an individual can adhere to the same standards as a normal motor vehicle operator. The primary two reasons for a conditional permit or restricted license are 1) underage status or 2) commission of a crime. Before the age of adulthood (18 in most states) most teenagers can qualify for a conditional use permit (CUP) or conditional driving permit (CDP). Depending upon the state, the teenage may not have passengers or drive at certain hours. These restrictions are removed upon becoming an adult. “Moving Violation or Controlled Substance Influence” Each state has its own driving under the influence (DUI) or driving while intoxicated (DWI) laws. Typically, a repeat offender with a certain number of violations over a certain period of time could receive a license suspension. Some states may confiscate the automobile, require restrictive plates or install a breathalyzer key ignition system. But as the government attempts to “reintroduce” an offender back into regular society, the government must gradually allow a driver to perform necessary travel. Normal actions like buying groceries, picking up a child or getting to work may qualify a driver for a restricted license. An applicant can claim “hardship” to a court meaning that the “inability to drive creates an undue hardship making it impossible for the individual to live a real life.” In these hardship cases, the courts will allow for an individual, convicted of a serious moving violation (alcohol or drugs), to receive a restricted license detailing what can and cannot be done. There are many names given to these licenses: occupational, work, hardship or Cinderella to name a few. Traveling to school or observing a religious service might also be acceptable functions under said license. “Some Courts Require Fulfillment of Rehabilitation Program” The court might also require an individual to complete a drug rehabilitation treatment program or perform community service. The restricted license could allow the individual to drive to and from these court-mandated appointments. |
What Are The Consequences Of Cyberbullying? | The development of the Internet and the widespread use of social media has given the schoolyard bully a new weapon to use against a victim. Unlike face-to-face taunting, threats, intimidation, and injury associated with bullying, cyberbullying can be more traumatic for a victim because it can be viewed by more people. Once posted online, the threats and taunts frequently cannot be removed, making the consequences of cyberbullying that much more devastating for the victim. According to the American Psychological Association, bullying involves aggressive behavior intended to cause another person to suffer injury or discomfort. Those engaging in such conduct repeatedly use words, actions, or direct physical contact with the victim to achieve their intended goal. Cyberbullying uses such electronic technology as computers, tablets, and cell phones to access social media, websites, text messages, and chat rooms where the offender can attack the victim. Commonly used methods of cyberbullying include: • Derogatory or threatening emails and text messages
• Using social media sites to spread rumors
• Posting embarrassing pictures or videos of the victim
• Creating fake profiles to post false or damaging information The potential harm done by cyberbullying can be greater than with other forms of bullying. The number of people that a cyberbully can reach is so much greater than with traditional forms of bullying, that might be witnessed by the victim and only a few people if any. Social media sites make it easy for a cyberbully anonymously post derogatory information that reaches a wide audience with little risk of it being traced back to its source. Victims of cyberbullying are more likely than their peers to abuse alcohol and drugs, have physical and emotional health issues, and may suffer from low self-esteem. Poor grades in school is another consequence of cyberbullying that can also be accompanied by an attempt by the victim to avoid other children by refusing to go to school. Efforts by state and federal lawmakers to stop cyberbullying by making it a criminal act have met with legal challenges. A cyberbullying law in New York was recently ruled to be unconstitutional on freedom of speech grounds. Fourteen states impose criminal penalties including jail and fines on individuals convicted of cyberbullying. Penalties can range up to $2,500 in fines and up to a year in jail. Laws in most states require school districts to establish policies against bullying. Penalties usually involve the suspension of a child from school. Thinking of defamation of character? You can also have a look at how do you prove defamation of character claim? |
How To Locate Someone Who Has Been Arrested | When someone is missing, family and friends will be quite concerned. Authorities have realized that a key element of the law must be to notify the public of the location of someone arrested. Here is how to locate someone who has been arrested. Under the United States Constitution “Bill of Rights,” the concept of the “Writ of Habeas Corpus” was re-affirmed. The “Writ of Habeas Corpus” requires that a “Letter of Physical Custody of a Body” be published by the government stating the charges and whereabouts of citizens in its custody. When a police officer arrests a man or woman, an arrest report is created. Since most squad cars have computers, this information can be sent directly to the station. At the police station, the accused will go through booking, which entails the collection of: After booking, the accused will be officially taken into custody at a jail. Once booked and taken into custody, the individual will be logged into the prison system database. From the point of arrest, the government has 24 to 48 hours to bring the accused before a judge and file formal charges. For minor offenses, bail is set at the time of arrest, for felonies, the judge might set bail. A concerned family member can visit the local government website to look for the person by name and address under Arrests and Bail. Someone will know the exact date and time of booking in the city, county, or state jail. At the preliminary hearing, the government must bring the accused before a judge and make formal charges. Best Way to Find Someone in Jail for Free If all else fails, check with a local bail bondsman; they know the ins-and-outs of the system. Many of these shops are open 24/7/365 and located near the jailhouse. It is their job to collect bail money to allow people to leave jail as quickly as possible. For minor offenses, once booked into the jail system, the accused can bail out by offering a bond to guarantee his return for hearings and trial. Under the law, someone should not be punished with jail time before he is legally convicted of a crime. |
Life-Changing Privileges Of Turning 18 | In a teenager’s eyes, turning 18-years-old is the ultimate dream, but for parents, it can be their worst nightmare. From letting go of the reigns to accepting their child is growing up, the transition into adulthood is never an easy one. But, from a legal perspective, turning 18 is more than a right of passage or a reason to throw a giant party. In most states, the age of 18 is when a person is officially and legally viewed as an adult, which includes the ability to enjoy certain rights along with the requirement to fulfill certain duties. Here’s an overview of the privileges of turning 18: A minor (juvenile or child) is under the protection of parents for the necessities of food, clothing, and shelter. Also, the parents are the legal and financial guardians of the juvenile. If a minor shoplifts or breaks a window with a baseball, the parents are held legally responsible. The minor cannot be held to any contract. What is AGE OF REASON? Each state is different when it comes to a concept like being able to move out. But in the United States, the age of 18 is when you legally become an adult. Before that age, you are a minor under the guardianship of your parents. Under the age of 18, states can dramatically restrict your driving privileges by prohibiting any passengers or driving at certain times of the day. When you turn 18, you now have a “fresh start” as an adult, so past transgressions won’t legally come back to haunt you. You can enter into contracts because they are now legally binding. This opens up a wide range of new activities you can engage in. Whether you know it or not, a child is not responsible for gambling losses. This is a form of a contract. Juveniles cannot qualify for legally binding contracts. Unless you are in a state that allows marriage before 18 years old or with a parent’s permission, you could not get hitched until you became a legal adult. In order to be legally married, you must be an adult who can have the authority to say “I do.” You can’t do that until you are 18 years old. At 18-years-old, you can now have “consensual sex” with a partner. The legal age of consent varies state by state, with some areas being as young as 16 years old. When you apply for a job, you must sign a tax form and contract. This is not legally binding until you are an adult. Thus, after 18, you can hold a job, get an apartment, buy stocks and purchase real estate. The government wants you to register for the Selective Service (military draft) when you turn 18. You are now legally required to serve your country. You can vote and because jury duty is based on your voting records, you also must serve in a jury of your peers. No more “juvy,” as the kids call it. If you commit a crime or misdemeanor as an 18-year-old, you will be tried as an adult and may spend time in jail or prison. Once you are a legal adult, you can go out on your own and sign a lease to rent. Finding your first place away from home is one of the most fun (and stressful) parts of adulthood – especially if you’re paying for rent yourself. Don’t want to get that cavity filled? It may be a bad choice, but it’s yours to make when you turn 18. Legally, you can decide when you go to the doctor and what kind of medical treatments you receive if you ever find yourself in the hospital. For the first time in your life, you can vote and have a say in the future of your country. Be sure to register to vote in time for the next election. Of course, there are plenty more pros to becoming a legal adult, but these are a handful of the privileges of turning 18 that will impact your day-to-day life the most! Congrats on your newfound adulthood. |
How To Legally Change Your Middle Name | When you are born, your parents name you. After you reach the age of adulthood, you have the consciousness to determine if your middle name truly suits you. Here is how to legally change your middle name. “Right to Change Your Name” Most states or counties will have a form specifically for name changes. Visit your government website and ask for a Name Change Form or Name Change Petition. Some states may require you to file several documents, for example an Attachment, Civil Case Cover Sheet or Decree Form. Make two copies of each of the required forms by downloading them from the government website or acquiring a physical paper copy from the courthouse itself. If your local government does not have an official form, you can make your own form. Make sure you have your birth certificate, credit report, driver’s license, state identification card, housing lease, utility bills, state tax returns and other documents showing your place of residence ready. Most states require you to live in a place for a certain amount of time to qualify for residency. Think about why you want to change your name. This might be due to a change in family, religious or career status. Many famous actors change their names to create more memorable brands. There may be a question concerning why you want to change your name. Submit the Name Change Form along with any accompanying documents to your state or county clerk. Expect to pay a filing fee. The court will schedule a hearing for any people who want to challenge your name change. “Judge Must Authorize” Once your hearing date is set, publish your intention to change your name and the hearing date in your local newspaper. This advertisement must run each week for several weeks to allow for public comment. The court might run a criminal background check on you. Bring all of your documents to the hearing, some character witnesses might help. During your hearing the judge will ask if anyone wants to challenge your name change. He may ask you why you want to change your name. Some of the forms you might need to sign in the presence of the judge, so make sure you check ahead-of-time. If the petition is accepted, the judge will issue a name change order to certify your new middle name. In the United States, more than 80 percent of married women choose to take the last name of their husband. Though most do so as soon after the wedding as they reasonably can, there are many who wait months or even years to make this decision. Regardless of the timing, in most states, women simply need to present a copy of their birth certificate, marriage license, and a picture I.D. to their local Social Security Administration office along with a completed application for a new Social Security card. A name change after a divorce is often even less complicated. The judge finalizing the divorce can include language on the divorce decree that restores the female’s name. She will then use that decree to obtain a new Social Security card and identification in her previous name. Both men and women may wish to change their names for a host of reasons. Sometimes they want to appear more professional or wish to distance themselves from difficult pasts. They may simply dislike their birth name or wish to legally change the spelling. No matter what the purpose for the name change may be, the path to legally change the name is generally the same. Laws differ from state to state, but most people who wish to change their names must start with filing a petition for change of name. This can be found through the state court. After the paperwork is completed, it is a good idea to have an attorney look over the paperwork to make sure it is filled out properly. Individuals should then make copies of their paperwork before submitting to the court clerk. A small fee is usually assessed at this time, which varies depending on location. Some areas will then require that the individual publicize their name change request in a local newspaper before a court hearing is scheduled. The judge will then decide if the name change is granted. |
How To Disown A Relative | Family relatives are defined as more than someone’s parents, siblings, and children. Family relatives also include grandparents, aunts, uncles, nieces, nephews, and cousins. Severing relations with adult family members, depending on the underlying reasons, may not require legal proceedings or the services of an attorney. However, when one of the interested parties is a minor, it is advisable to consult with a family law lawyer because legal paperwork and court hearings will be required. Disowning a relative is an action intended to terminate any connection with or responsibility for that family member. The following information describes the highlights of the informal and formal ways that an adult family member can disown a relative. An individual is an adult when he has reached the age of legal majority in his state. Adult independence, when a person is responsible for his own actions, varies from state to state and can range from 16 to 18 years of age. When there is no threat of physical or mental abuse and you are living with the person, or persons, you want to disown, you can move into a residence of your own and not let them know your address. You can cease all contact with the family member by refusing to accept any written or electronic communications. You need to notify the family member in writing that you are severing the family connection and no longer want any contact or communication with him. You can send the notification using certified mail. If you are being harassed or abused by a family member, you can terminate the relationship with the assistance of the legal system. A few available options are: to notify the relative in writing of your intention to sever your family ties; to obtain a restraining order to restrict his access to you; and to have a city or county official serve your relative with a Notice of No Trespass. If your relative violates a court order or notice, you can: To ensure that someone you disown cannot claim any inheritance from your estate, your will can exclude this person from having any part of your assets. When disowning your parents, you can name a guardian for your children to ensure that your parents will not gain control of your minor children. |
History of Dna Testing In Criminal Cases | The scientific concept of DNA, Deoxyribonucleic Acid, as generic building blocks of all living things, has been studied for over 60 years. In 1985 a professor at the University of Leicester, Alec Jeffreys, was able to validate the uniqueness of personalized DNA material in each person’s skin, body fluids, blood, nails and hair. Outside of identical twins, no two people have the same DNA pattern. <strong>Crime Solving Before DNA</strong>
Law enforcement agencies and criminal evaluation laboratories welcomed the use of DNA technology as a major aid in being able to isolate alleged suspects with forensic evidence collected at crime scenes. Prior to the use of DNA, criminal identification relied heavily on fingerprints, shoe prints, blood, or other evidence that a suspect may have left behind during a crime. The older way of using evidence to solve crimes would often provide a potential population pool of possible suspects. <strong>Crime Solving With DNA</strong>
DNA testing is able to bring the pool of potential suspects down to one alleged offender or another member of the individual’s family who would have similar DNA. The process of matching a suspect’s DNA with DNA found at a crime scene has provided both law enforcement and court officials with a higher probability of convicting the criminal offenders. <strong>First Criminal Cases Using DNA</strong>
DNA was first used in a criminal case in England in 1986. DNA samples collected from the men living and working within the neighborhood of two rape and murder scenes resulted in two positive outcomes. The one man original convicted was proved to be innocent and the guilty criminal was caught. One year later, DNA was first used in a United States criminal case in Florida. The forensic evidence collected from a rape victim was positively matched to a suspect’s DNA and when presented in court, the suspect was found guilty of the crime. <strong>Forensic Benefits of DNA Usage</strong>
Unlike blood found at a crime scene, DNA material remains usable for an endless period of time. DNA technology is used on decomposed human remains to identify the victims. DNA is also used to reverse prior convictions when DNA was not available. A positive DNA match presents a likely probability for personal identification. However, a negative DNA match is a solid conclusion that the samples came from two separate individuals, http://legal-dictionary.thefreedictionary.com/Legal+History+of+DNA+Evidence. |
How To Get A Handicap Parking Permit | Every person with a mobility problem knows the value of being able to park as close as possible to a store, medical facility or office building. Having a handicap parking permit lets individuals with qualifying medical conditions use those reserved handicap parking spaces that are closer to stores and buildings. Depending on the reason for the permit, handicap parking permits can be either permanent or temporary. Parking permits can be either a placard to be displayed in the front windshield area of a vehicle, a sticker to be placed on the outside of the vehicle, or a license plate.
WHO MAY APPLY
In most cases, the individual with the medical condition is required to apply for the handicap parking permit. However, if a person’s medical condition does not allow this individual to do the driving, the person who will be driving for someone can apply for a permit and can only use the permit when the handicapped individual is in the vehicle. TYPE OF PERMIT: TEMPORARY OR PERMANENT
Temporary parking permits are issued to people who have short term disabilities with expectations of full recoveries. The parking permits will be placards to be displayed in the front windshield area. Permanent parking permits are issued to people who have medical conditions that are not expected to improve. The most typical medical conditions that qualify for a handicap parking permit are: impaired vision, the need for walking equipment such as a cane or a wheelchair, not having the full use of arms or legs, physical conditions that make walking painful such as arthritic conditions or back or leg deformities, the need to carry a breathing device, cardiac conditions, or a recovery period following a medical procedure or surgery. HOW TO APPLY
The applicant fills out the required form and, depending on the state, files the application electronically using a credit or debit card for any fees or mails the application with a check for any fees. The majority of the states will require a medical professional to either fill out a portion of the application or provide a written description of the applicant’s disability. WHERE TO APPLY
Every state has a process to determine if someone qualifies for a handicap parking permit and it is generally handled by the Department of Motor Vehicles (DMV) or the County Tax Office. The website www.dmv.org/disabled-drivers.php provides a state-by-state listing of where to apply, how to apply and what fees may apply. |
Role Of The Correctional System | The correctional system serves several functions in America. The system itself consists of various government agencies that are tasked with the responsibility of protecting the populace from dangerous individuals. This is achieved through a number of means, such as imprisonment and probation. Here are a few roles of the correctional system: The correctional system is designed to keep society at large safe by separating them from individuals who have committed crimes. This is brought about by incarcerating the convicted criminal in a jail or prison. More recently, a growing number of those who are convicted of crimes of a less serious nature are sentenced to an in house incarceration. In this form of punishment, the guilty party remains in his own home but is confined there through means of an electronic device. The guiding hallmark of the correctional system is the punishment of wrongdoers. Those who are found guilty of a crime may be subjected to a variety of punishments. These include: The function of punishment is largely a means of ensuring that the convicted individual pays some sort of price for their crime. The loss of freedom and self-determination are aimed at discouraging the individual from offending again. However, punishments also serve a secondary purpose. They are meant to deter individuals from entering a life of crime. The individual who understands the severity of the potential consequences may be dissuaded from committing a crime. Nonetheless, the knowledge that an extended prison term or death sentence may be on the line does not always keep an individual from crime. For people who are convicted in juvenile court, the main focus of the correctional system is rehabilitation. The courts feel that these young offenders deserve a second chance to become a contributing member of society. Thus, the juvenile justice system focuses heavily on rehabilitation that is designed to redirect the young offender toward education and employment while at the same time informing them about the importance of avoiding the adult correctional system. Three Types of Rehabilitation for Offenders In recent years, there has been increasing focus on the rehabilitation of adult inmates. This movement is largely based on the high rate of repeat offenders who have been punished for similar crimes in the past. Efforts at rehabilitation may include high school completion programs, access to college education, and training for a vocation. Some inmates also receive psychological counseling and drug abuse treatment. |
How To Get Child Support Payments | Whether a child is a biological relation to its parents or is adopted by them, he or she is entitled to monetary support. Usually, it is the responsibility of the non-custodial parent to provide child support. The penalties for not paying child support can be severe, so it is important to keep up with this obligation. Court Ordered Child Support Child support is often ordered by the judge in family court. The child support order may come about as the result of a divorce or child custody hearing. Typically, the custodial parent must file a petition for child support. The non-custodial parent may dispute the petition, but most courts take parental responsibility very seriously. This means that most non-custodial parents will be ordered, and therefore legally obligated, to make child support payments unless the custodial parent waives their right to such support. Enforcing a Child Support Order While the court may have made the non-custodial parent legally obligated to pay child support, many of these parents find ways to avoid the payments. Child Support Enforcement agencies in each state can help the custodial parent to track down the parent who owes them child support. Moreover, these agencies often employ attorneys who can represent the custodial parent in court and file the appropriate paperwork to ensure that child support payments are made. Typical Enforcement Practices The court may begin garnishing the wages of the non-custodial parent who is not making child support payments. This even works on unemployment benefits should the non-custodial parent not be working at the time. The parent who owes a great deal of back support payments and owns assets may find that this property, such as a home or a car, is seized to help cover the cost of child support. Entrepreneurs or licensed professionals may be further penalized for refusing to pay. In some cases, business or professional licenses may be revoked for non-payment of child support. Courts are usually reluctant to take this drastic step, as the loss of a license seriously impairs the parent’s ability to earn money that could be used to pay child support. Non-custodial parents who owe child support and are due to receive a federal or state tax refund may find that the money is seized to make back payments. Additional penalties may include the revocation of a driver’s license or refusal by the federal government to issue a passport. |
Dealing with Defamation of Character | Unfortunately, defamation of character claims are extremely difficult to prove in the court. As the plaintiff (the accusing), the burden of proof falls on you to prove the defendant (the accused) did what you’re claiming. Additionally, slandering is considered a “tort“, which is a civil wrong, rather than a criminal one. But before we can talk about how to move forward with a defamation case, we need to understand what defamation is. At its core, defamation is a catch-all term used to describe a statement that unjustly hurts someone’s reputation. Libel is the written form of a statement that hurts someone’s reputation while slander is the spoken form, but with the advent of the internet, things can get a little more complicated than that. This type of defamation refers to a defamatory statement or representation made in a printed or fixed format. It can involve text, pictures, or both. For example, a photograph used out of context can constitute libel. Moreover, the person publishing the statements or photographs must do so knowing that they are presenting false information. When one person verbally makes a defamatory statement or, occasionally, hand gestures and facial expressions can be considered libel. The words or physical actions must somehow undermine the reputation of the accused. Again, the person making the slanderous statement must know that they are spreading false information. The First Amendment (freedom of speech) does not protect slander or libel. Individuals possess a right not to be subjected to falsehoods that impugn their character, so slander cannot be protected. But with the first amendment being the most vigorously protected amendment, there are some grey areas and ethical implications of defamatory statements – protected or not. Additionally, the first amendment does not protect things that may lead to criminal acts or endanger public safety. Saying something that could cause public panic, like the classic “There’s a fire!” in a movie theater, is not protected by free speech laws. Likewise, inciting another person or group to commit a crime is also not protected by the First Amendment. Similarly, the First Amendment does not allow for sedition, which is speech that advocates for the violent overthrow of the government or committing crimes against the government. First of all, you have to prove the statement was an intentional misrepresentation or lie. With slander (verbal defamation,) things get a little tricker. Of course, a key portion is that you have to prove – beyond a reasonable doubt – that this person actually said what you’re claiming they said. The trickiest part for libel lies in the second portion: proving that the defamatory statement was intended with actual malice. An untrue statement, to be considered defamatory, needs to be said with the intentional misrepresentation of facts with the intention to cause you harm. IE: The person needs to be knowingly lying while knowing this lie will cause you harm. Most lawyers will tell you this is the most challenging part of the process. First, understand that there is a clear difference between a statement having the potential to cause you harm and a statement actually causing you harm. It is only considered defamation of character if the statement has caused you harm already, not if it has the potential to cause you harm. This is a tricky line to walk for the court and a frustrating one for many people who are looking to prevent damage. But the court cannot act on something that might happen unless there’s proof that something has already happened. IE: if you’ve already seen negative effects, you’ll likely see more if this went unchecked. If you haven’t, there’s a chance you may never see any negatives as a result of the slander or libel. In order to win the claim, you are going to need to prove that the false statement has ruined your reputation. If you are a business owner, for example, you would need to prove how the statement has had a devastating impact on your business. If you are the only one who knows about this lie, it doesn’t count as slander, libel, or defamation since it can’t hurt your reputation. Unless there’s the threat to release this information, which would count as blackmail. The interesting thing to note about publication is that it’s not in the modern context, where it’s been published. It just means that it was done in a way where other people heard, saw, read, or otherwise came across this harmful lie about you. IE: it was public in some way where a third party was exposed to the statement. This could be untrue and damaging images, articles, emails, or other written communication that was shared with more people than just yourself (libel.) Or it could be gestures, spoken words, or something else not otherwise in a tangible form that was done in front of – or towards – other people about you (slander.) On top of this, the statement must also be considered “unprivileged.” Since free speech and defamatory cases seem to be on conflicting sides of the constitution, the court decided to protect certain scenarios and interactions from being brought to court on defamation suits. These protected scenarios and interactions are called “privileged.” They include scenarios in which false statements can cause you harm, such as witnesses who falsely testify. Most lawmakers also fall into this “privileged” bucket in the legislative chambers and in official documents and material. That’s not to say that these statements can’t face legal action, just that “privileged” statements cannot be considered defamatory. Even if they are otherwise. Fortunately, unprivileged statements cover the majority of defamatory statements. These are the kinds of statements that are made in everyday life, online, and outside of the courtrooms and chambers. When libelous and slanderous statements are made in public, the affected party should seek a retraction before filing a complaint in court. If there is evidence of the alleged defamer refusing to retract the statements, it would be easier to win the case in court. But what does “winning” a defamation case look like? For compensation, the court must decide on the amount of “reasonable of injury.” For example, if a politician feels defamed by statements that attempt to connect her with criminal organizations, the court will consider that people in the public eye should expect that sort of circumstance. This damage would likely be considered lesser – if damaging at all. In most cases involving defamation of character, the court will seek a resolution that is both uncomplicated and respectful of the First Amendment. This could mean accepting a retraction from the respondent published in the newspaper of record. If you think you have a case and would like to take action, we have some articles and resources to help you take the next steps: In 2017, actress Rebel Wilson was in a defamation of character case. After the release of the hit movie she co-starred in, Pitch Perfect 2, a media company (Bauer Media) published several articles about her. They stated she was “a serial liar” and “fabricated almost every aspect of her life.” Bauer Media continued to accuse her of lying about her “age, upbringing and the origin of her name,” according to The Washington Post. Because of the blatant dishonesty of these statements, Wilson was able to easily prove they were untrue. However, proving Bauer Media had the intention of causing her harm, as well as proving that they actually caused her harm was less black-and-white. Wilson stated that the claims not only hurt her reputation but caused her to be overlooked for acting roles and lost her money. After uncovering the source of the false information, it was brought to the court’s attention that the source was paid and had a grudge against Wilson. It was also discovered that the claims were intentionally published around the same time Pitch Perfect 2 was released to attract timely attention. Wilson was awarded more than $3 million in damages. On the day of the verdict, she Tweeted, “Today was the end of a long and hard court battle against Bauer Media who viciously tried to take me down with a series of false articles.” You can also have a look at how to prove workplace discrimination. |
Criminal Penalties for Email Hacking | Email hacking is one of the most common instances of cybercrime these days, and it is one of the most severely penalized. Depending on the circumstances of the offense, the nature of the charges in some jurisdictions and the intent of the prosecution, the unauthorized access of email accounts can be handled as a misdemeanor or a felony with additional civil liabilities. In other words, criminal penalties for email hacking can be severe. Law enforcement investigators and prosecutors these days are focusing on motivation and intent in relation to computer crimes. For example, the unauthorized access of a computer network as a prank may be considered a class B misdemeanor in Connecticut; this means that a defendant could face up to six months in jail and a $1,000 fine, which could be reduced to a term of probation. In the same state, however, a third-degree computer crime that causes more than $1,000 in damage could lead to five years in prison. In the United States federal justice system, an email hacker may face the following criminal charges: Computer fraud
Identity theft
Wire fraud
Obstruction of justice It is important to remember that certain charges that may seem ancillary to the case can actually be crucial; for example, an email hacker that tries to erase his or her tracks may have a hard time trying to disprove the obstruction of justice charge. Penalties For Food Stamp Fraud
In addition to facing prison time, monetary fines, and terms of probation, individuals charged with email hacking may also have to deal with civil lawsuits. In California, for example, an individual who accesses an unprotected or poorly secured email account without actually deleting or altering data may be able to reduce the charges down to invasion of privacy for the purpose of avoiding a prison sentence. This does not clear the individual from being pursued as a respondent in a civil lawsuit filed by the owner of the account or network hacked. Computer crimes and unauthorized use of networks may prompt a plaintiff to ask for relief from actual damages, court costs, and attorney’s fees. If the court finds that the respondent acted maliciously, the amount of the monetary award to the plaintiff could be tripled. |
How To Download Movies Legally | When it comes to downloading movies from the Internet, most users think that they are limited to monthly subscriptions from video streaming services, using a peer-to-peer (P2P) file sharing client or clicking on dubious links that promise unlimited downloads of feature films without having to pay anything. The problem with the last two options is that they are more than likely illegal and often fraught with peril for the average Internet user. P2P clients such as Ares, uTorrent and Popcorn Time can be used to share just about any kind of digital files, but the most commonly transferred files happen to be popular films. In most cases, the copyright holders of the films have not given permission to share digital versions of their works, and thus transferring these movies over P2P networks is illegal. In the case of banner ads or links that promise free access to an online catalog of feature films available for direct download, many Internet users have been surprised with spam or malware being unwittingly installed in their desktop or portable computers. How to Find Legal Movie Downloads It is estimated that a small portion of movies shared on P2P networks are on the public domain, which means that they can be legally downloaded. A handful of elements determine if a movie is in the public domain and therefore common property. A film’s copyright will expire after 75 years; if not extended, it enters the public domain. In other situations, the copyright holder may decide to make his or her film freely available for digital distribution, which means that it can be downloaded for free, but not necessarily shared with a third party. Various websites are now dedicated to cataloging public domain films that can be downloaded via P2P clients. These websites can be found through Internet search. Streaming Video Services In the 21st century, streaming services such as Hulu and Netflix have gained popularity due to their extensive digital movie catalogs and premium television series such as Mad Men and The Sopranos. Competing services include Crackle, Amazon, Apple TV, Viewster, and others. These are all legal options for viewing online video content. Most streaming video services charge a very reasonable subscription fee, and they may impose certain restrictions such as viewing limits and geographical locations. Hulu is notable for restricting a good portion of its content to viewers in the United States, and even American users are subjected to tons of advertising unless they agree to pay a subscription fee. |
How To Calculate BAC | Scenario: A driver has had a few beers or even just a couple of glasses of wine over dinner with friends. While driving elsewhere, even on the way home, for whatever reason, bright colored lights, a “wooo, wooo” of a siren, and the driver realizes that it is a police cruiser behind that is doing this. The police officer obviously wants the driver to pull it over and stop. Something occurred, just not sure what. The driver does so and shuts off the car. The police officer approaches the driver’s window, which is down because the driver knows that the police officer wants to have some type of conversation with the driver. The police officer proceeds to tell the driver that the reason for pulling the driver over is that the car appeared to be weaving or the driver changed lanes without signaling or took a corner without signaling or whatever. The police officer asks the driver if the driver has been drinking. The driver says two half-glasses of wine were consumed with dinner and friends about two hours ago. The officer asks the driver to step out of the vehicle and to do certain sobriety tests. The officer then informs the driver that he or she is under arrest for driving while under the influence of alcohol. The police officer handcuffs the driver, puts the driver in the back of the cruiser and it is off to the station. At the station the driver is search and told that a breathalyzer test is required. The driver refuses. Oops! Wrong answer. The driver is released under recognizance and told that a court appearance notification will be coming in the mail. The driver is also told that the driver’s car is being impounded as the driver cannot drive the car further. Startled, the driver asks the police officer why this is. The officer informs the driver that because of the driver’s refusal to take the breathalyzer, the driver’s license is now automatically suspended for one year. Now taken very aback, the driver asks somewhat irritably what the chaos is going on. The officer, being a calm informative servant of the community, informs the driver that when the driver obtained a license and or renewal that one of the statements on the form was that by signing the application or renewal form the driver assents to taking a chemical blood alcohol test if the driver is ever stopped for suspicion of driving while under the influence of alcohol or drugs. Dumbfounded, the driver is now left to find a ride home, to get a lawyer, and to ponder how in chaos these events just unfolded. Every state in the United States now has a law that is called the “implied consent” law. As the officer so ably described the situation above, each state now makes it mandatory to accept the implied consent condition or abstain from being licensed to drive. While is seems like an encroachment on individual liberties, each individual does have the right to agree or to disagree. The cost of signing and agreeing to the implied consent is to not drink before driving. It does not matter now how long ago one had alcohol. If the chaotic breathalyzer registers “guilty”, thou art guilty. |
How Does Libel Differ From Slander? | Unfortunately, defamation of character claims are extremely difficult to prove in the court. As the plaintiff (the accusing), the burden of proof falls on you to prove the defendant (the accused) did what you’re claiming. Additionally, slandering is considered a “tort“, which is a civil wrong, rather than a criminal one. But before we can talk about how to move forward with a defamation case, we need to understand what defamation is. At its core, defamation is a catch-all term used to describe a statement that unjustly hurts someone’s reputation. Libel is the written form of a statement that hurts someone’s reputation while slander is the spoken form, but with the advent of the internet, things can get a little more complicated than that. This type of defamation refers to a defamatory statement or representation made in a printed or fixed format. It can involve text, pictures, or both. For example, a photograph used out of context can constitute libel. Moreover, the person publishing the statements or photographs must do so knowing that they are presenting false information. When one person verbally makes a defamatory statement or, occasionally, hand gestures and facial expressions can be considered libel. The words or physical actions must somehow undermine the reputation of the accused. Again, the person making the slanderous statement must know that they are spreading false information. The First Amendment (freedom of speech) does not protect slander or libel. Individuals possess a right not to be subjected to falsehoods that impugn their character, so slander cannot be protected. But with the first amendment being the most vigorously protected amendment, there are some grey areas and ethical implications of defamatory statements – protected or not. Additionally, the first amendment does not protect things that may lead to criminal acts or endanger public safety. Saying something that could cause public panic, like the classic “There’s a fire!” in a movie theater, is not protected by free speech laws. Likewise, inciting another person or group to commit a crime is also not protected by the First Amendment. Similarly, the First Amendment does not allow for sedition, which is speech that advocates for the violent overthrow of the government or committing crimes against the government. First of all, you have to prove the statement was an intentional misrepresentation or lie. With slander (verbal defamation,) things get a little tricker. Of course, a key portion is that you have to prove – beyond a reasonable doubt – that this person actually said what you’re claiming they said. The trickiest part for libel lies in the second portion: proving that the defamatory statement was intended with actual malice. An untrue statement, to be considered defamatory, needs to be said with the intentional misrepresentation of facts with the intention to cause you harm. IE: The person needs to be knowingly lying while knowing this lie will cause you harm. Most lawyers will tell you this is the most challenging part of the process. First, understand that there is a clear difference between a statement having the potential to cause you harm and a statement actually causing you harm. It is only considered defamation of character if the statement has caused you harm already, not if it has the potential to cause you harm. This is a tricky line to walk for the court and a frustrating one for many people who are looking to prevent damage. But the court cannot act on something that might happen unless there’s proof that something has already happened. IE: if you’ve already seen negative effects, you’ll likely see more if this went unchecked. If you haven’t, there’s a chance you may never see any negatives as a result of the slander or libel. In order to win the claim, you are going to need to prove that the false statement has ruined your reputation. If you are a business owner, for example, you would need to prove how the statement has had a devastating impact on your business. If you are the only one who knows about this lie, it doesn’t count as slander, libel, or defamation since it can’t hurt your reputation. Unless there’s the threat to release this information, which would count as blackmail. The interesting thing to note about publication is that it’s not in the modern context, where it’s been published. It just means that it was done in a way where other people heard, saw, read, or otherwise came across this harmful lie about you. IE: it was public in some way where a third party was exposed to the statement. This could be untrue and damaging images, articles, emails, or other written communication that was shared with more people than just yourself (libel.) Or it could be gestures, spoken words, or something else not otherwise in a tangible form that was done in front of – or towards – other people about you (slander.) On top of this, the statement must also be considered “unprivileged.” Since free speech and defamatory cases seem to be on conflicting sides of the constitution, the court decided to protect certain scenarios and interactions from being brought to court on defamation suits. These protected scenarios and interactions are called “privileged.” They include scenarios in which false statements can cause you harm, such as witnesses who falsely testify. Most lawmakers also fall into this “privileged” bucket in the legislative chambers and in official documents and material. That’s not to say that these statements can’t face legal action, just that “privileged” statements cannot be considered defamatory. Even if they are otherwise. Fortunately, unprivileged statements cover the majority of defamatory statements. These are the kinds of statements that are made in everyday life, online, and outside of the courtrooms and chambers. When libelous and slanderous statements are made in public, the affected party should seek a retraction before filing a complaint in court. If there is evidence of the alleged defamer refusing to retract the statements, it would be easier to win the case in court. But what does “winning” a defamation case look like? For compensation, the court must decide on the amount of “reasonable of injury.” For example, if a politician feels defamed by statements that attempt to connect her with criminal organizations, the court will consider that people in the public eye should expect that sort of circumstance. This damage would likely be considered lesser – if damaging at all. In most cases involving defamation of character, the court will seek a resolution that is both uncomplicated and respectful of the First Amendment. This could mean accepting a retraction from the respondent published in the newspaper of record. If you think you have a case and would like to take action, we have some articles and resources to help you take the next steps: In 2017, actress Rebel Wilson was in a defamation of character case. After the release of the hit movie she co-starred in, Pitch Perfect 2, a media company (Bauer Media) published several articles about her. They stated she was “a serial liar” and “fabricated almost every aspect of her life.” Bauer Media continued to accuse her of lying about her “age, upbringing and the origin of her name,” according to The Washington Post. Because of the blatant dishonesty of these statements, Wilson was able to easily prove they were untrue. However, proving Bauer Media had the intention of causing her harm, as well as proving that they actually caused her harm was less black-and-white. Wilson stated that the claims not only hurt her reputation but caused her to be overlooked for acting roles and lost her money. After uncovering the source of the false information, it was brought to the court’s attention that the source was paid and had a grudge against Wilson. It was also discovered that the claims were intentionally published around the same time Pitch Perfect 2 was released to attract timely attention. Wilson was awarded more than $3 million in damages. On the day of the verdict, she Tweeted, “Today was the end of a long and hard court battle against Bauer Media who viciously tried to take me down with a series of false articles.” You can also have a look at how to prove workplace discrimination. |
How To Write A Release To Allow Someone Else To Authorize Medical Care For Your Child | It’s an uncertain world, and parents can’t be with their children constantly. As only a parent or legal guardian can make medical decisions for children, it may be necessary to create a release that allows another adult to make medical decisions in the absence of the parent. Doing so ensures that a minor can always get the medical attention they require. Fortunately, creating a release is simple. Once you’ve created a template, you can leave one with your child’s school, daycare, camp, or any other authorized caregivers. Be sure to update it periodically if information changes. Sample medical release forms can be found online. These can make the task quick and efficient, as you only have to fill out the pertinent information. However, since there is not a single acceptable format for medical releases you do not have to use a form. A simple statement that includes the relevant information is sufficient. Being the release by stating the names of the parents and the name and address of the individual who is authorized to obtain medical care for the child. For example, the statement may begin with, “We, John Doe and Jane Doe, hereby grant Mary Doe of 1234 Main Street, Anytown, OR 97205, the authority to obtain medical treatment for the following child or children.” What follows are the names and birthdates of any children covered by the release. Then the release stipulates the type of decisions and actions the recipient of the release is authorized to take. This statement doesn’t have to be particularly detailed. Simply noting that the recipient has authority to make decisions in a medical emergency is enough. If your child takes any medications, and you want to authorize the recipient of the release to administer those substances, you may also make note of this. Include: If your child has any specific medical concerns, it may be wise to mention them in the release. For instance, disclosing that your child has a peanut allergy can be immensely helpful. How to Give Temporary Guardianship of Your Child The release needs to be signed. Although it is not technically required, it may make sense to do this before a notary. Some hospitals may not honor a release that does not have notarized signatures. |
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