Family law is the branch of law which deals with all maters related to family unit and other domestic relations such as surrogacy and adoption, domestic partnerships, civil unions, marriage, divorce, child abduction, child abuse matters, child neglect, child maintenance, child adoption, paternity cases, child visitation rights, child custody, alimony, division of family property, etc.
All courts in the world have reported increase in family law as parties divorce, adopt children, contest paternity suits, etc.
According to family law lawyers, this branch of law is different from the other branches because it touches on sensitive private matters. Sometimes, the family lawyers act as counselors, mediators, conciliators, negotiators, etc. The courts that adjudicate on family law matters sometimes also act mediators as they try to reconcile members of the same family to solve their issues is amicably so as to preserve their relationship.
The substance of this type of law varies from one jurisdiction to the other because the principles that underpin it are largely borrowed from the society. For example, in societies where same sex
According to criminal law, crimes are offences against the social order. In common law jurisdictions, there is a legal fiction that crimes disturb the peace of the sovereign. Government officials, as agents of the sovereign, are responsible for the prosecution of offenders. Hence, the criminal law “plaintiff” is the sovereign, which in practical terms translates into the monarch or the people.
The major objective of criminal law is deterrence and punishment, while that of civil law is individual compensation. Criminal offences consist of two distinct elements; the physical act (the actus reus, guilty act) and the requisite mental state with which the act is done (the mens rea, guilty mind). For example, in murder the ‘actus reus is the unlawful killing of a person, while the ‘mens rea is malice aforethought (the intention to kill or cause grievous injury). The criminal law also details the defenses that defendants may bring to lessen or negate their liability (criminal responsibility) and specifies the punishment which may be inflicted. Criminal law neither requires a victim, nor a victim’s consent, to prosecute an offender. Furthermore, a criminal prosecution can occur over the
Just like any other vehicle on the road, bicycles are subject to a number of traffic laws. Many people are unaware of the existence of such laws or simply choose to ignore them because they view biking as drastically different from driving a car or motorcycle. But while biking is very different from operating a motorized vehicle, they are still a part of the traffic flow when ridden on the streets and for the safety of the bicyclist and others on the road it is imperative that these laws are followed.
A bicycle is classified legally as a vehicle. A person in control of a vehicle that is operating on the street is a driver. Thus, just like other drivers, cyclists must follow all relevant traffic laws. Other traffic laws specific to bikes vary greatly from state to state. States with very high bicyclist populations tend to have significantly stricter laws and ordinances which are also enforced much more uniformly. But despite the many state to state variations, most states require the following of bicyclists:
Traffic signs or symbols control the flow of traffic, warn the drivers and individuals of hazards ahead, guide and give information to the drivers’ destination, and inform drivers and civilians of roadway services. Traffic signs are very useful to protect the public from accidents and to give full guidance to drivers to avoid a vehicular incident that sometimes causes someone’s death. Most of the accidents of today involve the vehicles and drivers that are reckless.
Before and individual gets their driver license they are undergoing some examinations and practical tests to prove that they are responsible enough to drive a vehicle. It is one way of making the drivers more aware to people that surrounds them and to consequences that they might face if they are involve to an accident. Some traffic signs are using colors to inform the public and drivers on what they are going to do if that color will appear on the traffic light. And people are very aware about these color symbols of a traffic light.
Stop and yield signs. When you see a STOP sign it means that you must stop before any actions or crosswalk or stop line painted
In order to prepare for increased motor traffic during the summer months, the state of Missouri has already started increasing levels of construction and maintenance road work.
There are several important traffic laws to reiterate to drivers to keep everyone safe during this construction season.
Making Merging Move Faster
Merging lanes of traffic on a highway or interstate can be very frustrating for drivers, especially during rush hours and in dense traffic areas. The best way to merge when the roadways are not busy is to merge into the open lane as soon as warning signs start to appear. However, in very congested traffic areas, it is much more efficient to merge in a zipper form at the destination of the merge area in order to reduce traffic build up.
Endangering a Highway Worker
The Highway Work Zone Law was implemented to regulate the crime of endangering a highway worker. If any person creates an offense that endangers a highway worker, but does not injure or take the life of the worker, a maximum fine of $1,000 and four points will be added to the driver’s license.
If the highway worker is
Family law courts take up cases relating to all kinds of family related issues. These can be adoption, prenuptial agreements, marriage, divorce, separation, legal separation, annulment, alimony, division of the property accumulated during the marriage, domestic violence, negotiation, adjudication, child custody and support, child abduction, kidnapping or child seizure, emancipation, abuse in the marriage, parental rights, paternity, juvenile, felonies, and many such cases related to family.
Family law courts also deal with regular cases relating to criminal laws, property related laws, probation law, trusts, and so on. However, the majority of the cases that come to family law courts are the divorce, separation, abuse or child custody cases. A number of details need to be considered when it comes to these cases. Family law courts are specialized in all the legalities involved in such cases.
As you can imagine, family law courts are some of the most crowded courts in America. They deal with social and economic issues so universal that the courts can hardly bear the brunt of the demand. As a result, family courts are notoriously underfunded. Economically disadvantaged people often get left by the wayside when trying to gain monetary compensation for just
Are you interested in learning more about traffic law? If so, you have come to the right place. Throughout this article we will discuss what traffic law is, discuss some of the different traffic laws that are enforced, and discuss what to do if you have experienced a traffic law violation.
Traffic law includes a wide range of legal rules that govern traffic and regulate vehicles. The laws are set in place to keep roads safe and to regulate a timely flow of traffic. Traffic laws include, but are not limited to, speed limit laws, drunk driving laws, insurance laws, and parking laws. Let’s take a closer look at a few of these.
Speed limit laws deal with how fast an automobile is allowed to go within a certain area. The speed limit within a particular area will depend on several things including whether or not you are within city limits or whether you are on a highway, and whether or not you are in a school zone. The best way to avoid speeding tickets is by obeying the speed limits posted on the road. What happens if you get a speeding ticket? If you should
Staying on the lookout for quality real estate investing tips is something everyone who invests in real estate needs to do. Whether you’re just researching the possibilities in this field or you’ve been investing for decades, there is always something you can learn. Not only that, but the real estate market is dynamic and laws change, too, so it pays to stay on top of the most current real estate investing tips. Here are a few for today’s market.
1. Calculate profitability
It may sound obvious, but for some reason in this field far too many people rely on general statistics and hunches to find what they hope will be profitable investments. There is no reason to do this, though. Instead, before you invest, closely examine property values and rent prices that pertain specifically to the type of property you’re considering and the location it’s in.
2. Be realistic about costs
While this tip ties in to tip #1, it’s really a separate issue. Just because one investment was profitable, that doesn’t mean your overall real estate investment strategy will be. Before you even get started in this type of investment, understand the cash
Whether you’ve just completed a real estate investment course or you have just reached a milestone and need some pointers, these real estate investment tips will help jump start your real estate career or get you back on the right track to success.
Tip #1: Joint a Real Estate Investment Club
First, consider joining a real estate investment club. These organizations will help you keep your thoughts in perspective and prove to your subconscious that you can do anything you set your mind to.
If you can’t find a real estate investment club, form a mastermind group that meets once a week. Mastermind groups can be extremely successful in helping increase your awareness with the power of multiple people meeting in a sociable environment. These groups have a common goal of helping participants attain their goals and dreams without any ulterior motives. Don’t wait until you have a problem; associate yourself with a group of people–“a team”–who has the same goals of success.
Tip #2: Build a Team
There are a few important people who will undoubtedly play a big part in your real estate investment career: your attorney, your real estate investing mentor, your
There are a number of legal issues that can be settled by lawyers who are experts in real estate law. Among these, the following are some of the most popular:
- Real estate purchase and sales – lawyers that are experts in this field of law can provide legal services to sellers, buyers, and brokers regarding issues related to the purchase and sale of real estate property. They can help specifically on contract negotiations related to purchases and sales of land, office building, apartment complexes, tax issues, etc.
- Litigation – you can also avail services on dispute resolution including litigation, restructuring financial obligations, loan participation, recovery of secured or unsecured assets. Other issues that you can settle with your lawyer are rescission and other fraud/mistake claims.
- Commercial leasing – clients who need representations for all types of commercial leasing transactions can also avail such services from a real estate lawyer or firm. Services could cover negotiation and drafting real and personal property leases and other types of leases such as office, industrial, warehouse space, leverage leases, and the like.
- Title issues – when it comes to title issues, a
Criminal law, also known as penal law is a term used to refer to different rule bodies in distinct jurisdictions. One common characteristic of these rule bodies is the propensity for distinct and serious judgments as punishments for failing to comply. Criminal punishment which depends on the jurisdiction and offense committed can include the loss of one’s liberty, fines, government supervision such as probation or parole and even execution. An attorney seeks to defend the accused individuals against such eventualities. There are various archetypal crimes such as murder. It is worth noting the forbidden acts are not completely consistent between distinct criminal codes. However, even in specific codes, the lines may be unclear. This is because civil refractions are also likely to give rise to criminal outcomes. In most instances, it is the government that enforces criminal law. This is unlike civil law which could be implemented by private parties.
Punishments of Criminal Law Violation
Criminal law is different for two reasons; the failure to put up with its regulations and the uniquely severe possible outcomes. Each offense is comprised of what could be imposed in various jurisdictions for some of the most severe offenses. Physical
Are you paying attention to employment law requirements? If you aren’t, you should be. Not only are you required to follow specific regulations concerning employment law, but you are also required to notify your employees of their employment law rights by placing an employment law poster in a conspicuous place in your business where your employees will be likely to see it, such as an employee break room. There are eight basic Federal employment laws that you should be aware of and understand.
The first of these is Title VII of the Civil Rights Act of 1964. This employment law prohibits discrimination on the basis of race, color, religion, national origin and sex. In addition, sex discrimination on the basis of pregnancy and sexual harassment is also prohibited under this employment law.
Next, there is the Civil Rights Act of 1966. This employment law prohibits discrimination based on race or ethnic origin.
The Equal Pay Act of 1963 prohibits employers from paying different wages to men and women that perform essentially the same work under similar working conditions.
Most employers have heard of the Americans with Disabilities Act, but do not understand how this
Real estate or Property law is one of the safest investments and people use it as an investment avenue. It’s not meant for attorneys and estate agents only. Every property investor should understand the basics of real estate law.
A good short note on the law can be of great importance to investors. Investors need to understand it relating to legal procedure that will help in a smooth transfer of title of the property they are acquiring or selling, and other relevant documents and procedures. Investors need to understand the financial implication in acquiring property and the guiding law.
Classification of properties and how basic property laws apply to investors should be the Interest of the investor. The law has different applications to commercial and residential properties and investors/sellers should understand this. The tax laws relating to property are some of the thing that would be of interest to investors. Investors should study taxes on properties; how loans are treated in relation to property law.
Tenancy aspect of the property law should be well understood by landlord/lady who wishes to rent out their property. Investors should not put all their energy on studying the law
If you are a business owner at present or if you are planning on becoming one, then you need to know much about labor laws. These are the laws that concern the rights of the employees and about the state of their relationship to their employers. Ignorance about these laws is not an excuse, should you commit a violation.
It is important that you should know about these legal matters so you should be aware of what you can and what you cannot do. Here are some of the important things that you should be aware of:
It Varies from State to State– You should keep in mind that laws dealing with employee and employer relations are different from each state. When a state sets a higher minimum wage than the Federal minimum wage, the higher wage takes effect. So you should know about the laws in your area as well.
Overtime Payment– One of the most common source of problems when it comes to labor relations is the matter of overtime. By definition, overtime pay is any work rendered over what has been legally set as minimum by the law. Federal law requires that
Real Estate also called immovable property includes the ownership and possession of land along with anything permanently affixed to that land such as buildings, garages, improvements and buildings. Substances that are beneath the land (such as gas, oil, minerals) are also considered permanently attached. However, other items, which can be attached to the land, but are not permanent, such as mobile homes and tool sheds, are not considered to be real property.
Real estate is often considered synonymous with real property as opposed to personal property, which includes all other property and is also called realty.
Real estate is one of the oldest areas of law and contains many archaic terms and concepts. Many consumers find the unfamiliar terms used in the real estate game trifling confusing when they enter the realty market. However, today we find that many of the rights and responsibilities regarding real estate have evolved and been updated as society has changed.
Owning real property – The real estate law says that when you own property, you have the right to do whatever you want with the land, except what is restricted by the real estate law. You have the right
Real estate law is multi-categorized and is governed by a lot of different facets. “Real” refers to real property. This is land and the things that are permanently a part of the area, that is, what is attached.
This goes for anything “underneath” too, so if any crude oil or natural gas is buried beneath, the land owner has first rights to the resource.
With property ownership, or the prospect of owning, there come risks. Most of this is liability, liability to the state and those who border the property. For instance, when purchasing a lot within the city, there are zoning restrictions.
A city may designate a certain size structure on the land, and if the owner decided to assemble a four-story goliath mansion home, the other owners of single floor rancher-style houses on that block might not be so pleased, the same goes with the city.
There is a great deal of ownership liability that goes to third-parties as well, such as land owners paying mortgage on a house to a lender. This is probably the most common liability that is known. If the owner does not pay, then they default on
The U.S. Department of Labor has established certain employment and labor standards for the country as a whole. However, individual states can go above and beyond the Federal labor standards for workers. California labor laws differ from the Federal standards and provide workers with expanded employment rights in the following areas: minimum wage, overtime pay, and vacation pay.
California Minimum Pay
The minimum wage in California is higher than the minimum set by the Fair Labor Standards Act (FLSA). The U.S. Government requires that employers pay non-exempt employees $7.25 an hour, but CA minimum wage is $8.00 an hour. No covered employee may receive below that amount per hour, even if it is at the Federal minimum.
Additionally, there are these distinct differences between California labor law and Federal labor laws:
- There is no distinction between adults and minors concerning minimum wage
- Employers may not count employees’ tips toward their obligation to provide minimum wage
Employees who have not been paid according to their state’s minimum wage are often entitled to back wages. A California wage and hour attorney can help them review their claims and guide them through the process.
Estate Planning: Planning for death to get the assets to whom you want, when you want, the way you want, with the least amount of taxes and legal fees possible.
Elder Law: Planning for disability to get the persons you want to handle your affairs and to protect your assets from being depleted for long-term care.
Introduction to Estate Planning and Elder Law
Practicing estate planning and elder law is one of the most enjoyable and professionally rewarding careers an attorney may choose. Imagine a practice area where your clients respect your knowledge and treat you with kindness and courtesy. They pay your fees in a timely fashion and tell their friends how much they have enjoyed working with you and your firm. At the same time, you are rarely facing the pressure of a deadline, much less an adversarial attorney on the other side of a matter trying to best you. In most instances, you are acting in the capacity of a counselor at law (trusted advisor) rather than an attorney at law (professional representative).
We spend our days meeting with clients, discussing their lives and their families and addressing their fears and concerns.
When I attend seminars, I always feel that I have spent my time wisely if I get that one “nugget” that completely alters my thinking on a subject I otherwise knew well, or opens up a new level of understanding in areas I did not. For this column, I have included several pieces of information and, hopefully, at least one of them will be a nugget for you:
Be aware that your clients may add the name of a son or daughter (or anyone else) to their deeds with respect to homestead property without causing a change of ownership, triggering a new assessment for tax purposes, provided that the owner is listed as both a grantor and a grantee in addition to the child. Clients may find this an attractive option in order to avoid probate.
One word of caution if your clients choose to do this: if the person that was added subsequently files for homestead protection on the property, this will cause a change of ownership that will result in a new tax assessment. F.S. 193.155(3)(a)(3). You also need to be careful to monitor actions taken by the Property Appraiser. Recently,