Law and Justice

Posts Tagged ‘Common’

Legal terms and legal concepts have to be painstakingly researched and studied to hone your craft as a lawmaker.  Really, it’s not an easy job.  But with your desire to make a name in the field of law, it may not be such a very difficult task, after all.  What you have to do is exhaust all your efforts to get familiarized with such words and therefore not get baffled when another lawyer converses with you while using such jargons.  Here are some common legal terms with their corresponding meanings to make law life easier for you:

Appeals:  A proceeding undertaken to have a court or judge’s decision reconsidered by bringing it to a higher authority, so that there may be a review to instigate a possible reversal in the court’s decision.

Arbitration:  A method of resolving disputes involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding.

Assumption of risk:  A voluntary acceptance of a known reasonable or probable risk of damage or loss under circumstances; meaning, you are aware that there are risks of danger or accidents and that the other party is not liable for accidents that may happen.

Catastrophic injury:  It is a severe injury wherein the injured person has lost the use of a bodily function and is not expected to fully recover.  The injured person may require multiple surgeries, rehabilitation, and full-time nursing care.  It includes traumatic brain injuries, spinal cord injuries, severe burns, loss of limbs, amputations, and paralysis or paraplegia or quadriplegia.

Gross negligence:  Negligence with a conscious or willful indifference to the consequences.

Liability: Legal responsibility for an accident of a person.  Made by paying for injuries and damages that the accident caused.

Proximate cause:  Anything that, in natural sequence, produces an injury to a person.

Punitive damages:  Damages a party is asked to pay for committing a wrongful act instead of compensating the injured party for actual damages or exemplary damages.

Subrogation:  The right of an injured party’s health insurance company, which has paid benefits to an injured party as a result of a third party’s wrongful action, to be reimbursed by the injured party upon the injured party’s acceptance of any compensation from the responsible party.

Use of legal terms

Now these terms are appropriately used when in court or when working at a law firm.  By using the right terms, you’ll be able to communicate yourself effectively.  However, the use of such terms is not advisable when writing a personal statement law school.  If you use these terms in your personal statement law school, you’ll sound like an arrogant know-it-all.  Having knowledge of these terms can be a plus but don’t show off by filling your essay with these difficult terms.  

Legal terms and legal concepts can sometimes be really difficult, especially for a newbie lawyer working in a law firm.  Remember, always research difficult terms to understand legal phrases and words, and you will surely make it to your dream of becoming a fine, if not an exemplary, lawyer in whatever legal setting you choose to be in.

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Courts make determinations in law and in equity. By ‘in law’ is meant following a specific law – constitutional law, state law, etc. By ‘in equity’ is meant determining what is ‘fair’ to do where now law specifically rules. An example is determining how to distribute the assets in a divorce among the husband and wife.

Common law refers to the myriad of decisions made by judges and appeals courts. Maxims of Common Law are ‘guiding truths’. Adhering to them helps judges make fairer decisions. They’re ignored in family court determinations since fairness is a wholly secondary issue. This article overviews what these maxims are.

Maxims are absolutely essential to the preservation of rights and fair treatment to all litigants. Maxims:

* represent ‘self-evident’ truth – as mentioned in our Declaration of Independence when it referred to ‘all men’ as being created equal.

* serve to guide judicial determinations in the same way that ‘axioms’ guide the analysis of mathematical determinations

* promotes fair dealing and unbiased justice – a clearly essential issue in the purpose of courts

Courts, primarily established to enforce the principles of common law, are bound by common law rules of equity that should be grounded in the never-changing maxims. This grounding serves to restrain the court’s wanton discretion in equity law determinations.

Examples of Maxims:

Let’s take a look at some examples to see the nature of maxims -as self-evidently fair. Here’s an important one:

*The certainty of a thing arises only from making a thing certain.

This implies that the court should seek clear proof of allegations made against someone and not rule on just the allegations or weakly supported ones. Family court ignores these maxims all the time.

*The safety of the people cannot be judged but by the safety of every individual.

Laws which supposedly protect the safety of some people at the expense of other people’s rights violate this maxim. A clear example of such a violation is present day domestic restraining order laws which are rampantly and unjustly imposed upon so many fathers.

*Law is unjust where it is uncertain or vague in its meaning.

Laws should be clear so that one knows precisely when he’s breaking such a law. Remember the violation of laws brings consequences on those who violate them. Vague laws are considered unconstitutional. An example of vague standard of law is the ‘best interest of the child’ standard – used to unjustly deny fit fathers custody of their children.

*The Burden of Proof lies on him who asserts the fact -not on him who denies it.

This is based on the fact that you can’t prove a negative. Courts that force people to prove a negative are examples of kangaroo courts. Family courts jail fathers when they can’t prove that they don’t have money to pay!

*No one should be believed except upon his oath.

This simply means that anyone who will give testimony must be sworn in. That way he can be charged with perjury – which is a felony (a serious crime) – if he can be found to be intentionally lying. No ‘swearing in’ means no perjury and no penalty for lying.

*Perjured witnesses should be punished for perjury and for the crimes they falsely accuse against him.

This is the bottom line of enforcing honesty in court testimony. Unfortunately perjury is almost never punished -allowing the degradation of court integrity – so obvious in family court.

*Every home is a castle; though the winds of heaven blow through it, officers of the state cannot enter.

This is from English common law which made a man’s home sacrosanct. It should still be true. It requires officers to have warrants to enter a home. A warrant is permission from a judge based on good cause to enter a home.

*No man should profit by his own wrong or, He who does not have clean hands, cannot benefit from the law

This is self-evident. An extreme case is the child that pleads mercy because he’s an orphan – but only because he murdered his parents.

*He who uses his legal rights harms no one.

But, fathers are routinely punished by seeking their rights in family court.

*No one is punished unless for some wrong act or fault.

But forced into the noncustodial status for doing no wrong would be considered punishment by any reasonable person.

*It’s natural that he who bears the charge of a thing, should receive the profits.

If you have all the obligations for something but none of the benefits, then you are a slave.

Fathers who go to family court observe clear violations of these maxims all the time. Such violations mean that there is a tyranny taking place.

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Before I went to law school, I read a few of the common law school guides that most law students read. These guides promised me academic success as long as I followed the particular strategies that they described. I followed their advice for about half of my time at law school, and it’s a good thing I didn’t keep following it longer.

As I got wiser to the ways of law school, I realized that much of the advice given to law students is counterproductive. As I moved away from the advice found in mainstream law school guides, my grades, and more importantly my overall law school experience, improved markedly.

Towards the end of my the time at law school and even for some time after I graduated, my friends and I would discuss all the mistakes we had made by listening to the silly mainstream law school advice. We would often wonder out loud how this advice came to be, illogical and ineffective as much of it is.

Now that I know better after making many mistakes as a law student, I will share with you one common law school strategy that you should fervently avoid if you want to do your best in law school. Unsurprisingly, most law school guides encourage this exact strategy, to your academic, financial, and social detriment.

The strategy I am talking about is the use of hornbooks and commercial study aids to prepare for classes and exams. As a law student, you should do your best to avoid this common mistake, and here are a number of reasons why. First, studying from commercially prepared study aids is not an effective study strategy, because the material in these study aids differs from your course material. The way study aids present material will also differ from the way in which your professor wants you to approach and understand the course material. Contrary to popular belief, you can get all the information you need to do extremely well on exams from the casebook, relevant statutes, and class, without ever resorting to study aids. Furthermore, buying hornbooks multiplies the number of sources you feel that you must study, and will only make the learning process more confusing, frustrating, and ineffective.

Second, hornbooks and commercial study aids are expensive, and the cost of these aids adds up fast, especially if you believe that you need them for each of your classes. Being that these extraneous materials contain little, if anything, of value to your studies, you will do well to save your money for more worthwhile pursuits, such as vacations, electronics, or whatever it is that you like. And yes, the money you save on hornbooks can actually pay for a vacation, even a nice one.

Third, given that study aids have nothing to offer over the actual course materials in terms of valuable study material, they waste your time. Your time in law school is valuable, and you should try to be as efficient as possible by using that time to study the casebook and to relax. The less time you spend on useless study aids, the more time you will have for effective study and for relaxation, which will help you stay balanced and focused in law school, while avoiding burnout.

Finally, you should be aware that most professors are against the use of study aids (except those who write these aids), and they know what they’re talking about. Your professors were exceptional law students, and most of the time they know what they’re talking about when it comes to study strategy, so listen when they tell you that the most important information is in the casebook and statutory supplement, rather than in a commercial study aid.

Instead of wasting your time and money on hornbooks and commercial study aids, read your class materials and devote at least some of your free time to activities that you enjoy.

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Unfortunately in today’s business world, it is only a matter of time before your company is sued by someone or investigated by some governmental agency. However, you can lesson the odds by understanding and identifying the most common legal problems that could come your way and protecting your company against them.

1. Criminal Investigation

State and federal law enforcement and governmental agencies proliferate with each passing day. Depending on your industry, you could be regulated by as many as ten agencies, not counting the normal and customary policing departments. The power of government agencies is blinding. Recently, a trend has emerged targeting more and more businesses, executives and owners for investigation and prosecution. It has become so prevalent that all companies should focus considerable effort toward insulating their owners, employees and operations from risk.

Adopting a policy that your company will cooperate in all government inquiries and investigations with the assistance and counsel of an experienced criminal law attorney is the best way to insulate you and your employees from waiving your rights or creating more risk. Educate yourself and your employees on your constitutional rights and what procedures to follow with the advice of a criminal law specialist or attorney familiar with this trend and danger.

2. Employee Lawsuit

Employment law is the new lottery for Plaintiffs’ lawyers who have watched tort reform narrow their playing fields. For every perceived harm – real or imagined, there is a creative lawsuit waiting to be filed. Sexual harassment, age discrimination, pregnancy discrimination, racial discrimination, gender discrimination, disability discrimination, wrongful termination, retaliation, and injuries, are only some of the fertile ground for disgruntled employees.

Clear and thorough employee rules and policies are the first area of defense against this kind of legal threat. Develop an employee manual and document employee files. Treat all employees with respect and with equality and consistency. Engage a business or employment lawyer to review your policies and rules.

3. Cyber Issues

With the move of all businesses toward more and more dependence on technology and the use of internet communications and resources, cyber legal issues grow exponentially every day in ways that are just beginning to be understood and anticipated.

Specific rules and policies regarding employee computer usage, privacy and access are critical in today’s business. Adopt, revise, review or amend your policies and rules as soon as possible. Neglecting this area of legal threat is just asking for trouble.

4. Marital and Divorce Issues

If you are married or if any of your fellow owners or partners are married, significant risk exists in the divorce arena should any marriage fail.

Contractual protections in your entity documents or business agreements should address these risks so that you can continue conducting business regardless of someone’s divorce claims and proceedings. Marital property agreements can also provide additional insulation from this threat.

5. Business Contract Lawsuits

Attorneys’ fees and expenses can wreck your bottom line and distract you and your employees from your core business operations. Your goal should be to utilize contractual provisions to minimize the chance of being sued or having to sue third parties with whom you do business.

With the appropriate contractual clauses, you can avoid being drug into a courtroom by requiring arbitration, choose the state in which you will be sued or in which the arbitration will be conducted, limit damages, and require that the loser pay the costs of dispute resolution. Many more advantages can be built into contracts in order to give you control over the legal process.

All business owners and executives have the obligation and duty to their employees, shareholders, partners and families to insulate and protect their companies and operations from the legal threats that haunt businesses. By understanding the threats and risks, and by taking proactive measures to prevent lawsuits and legal disasters, you can control your own legal destiny and win the advantage in any future legal battles.

Marjorie Jobe is a practicing attorney in El Paso, Texas and is the author of Business Law Battle Plan for Entrepreneurs: Protect Your Company from Lawyers, Lawsuits and Legal Disasters.

http://marjoriejobe.com/

http://businesslawbattleplan.com

Civil law is the most dominant legal tradition today in most parts of the world. It is that branch of law which deals with individuals, and/or organizations in which compensation is rewarded to the victim. E.g. in a car accident, victim can claim damages against the driver for the loss or injury sustained in the accident. Going back to the history of civil law, common law follows an adversarial model while civil law is more inquisitorial. Civil law is code-based. It provides a forum or predefined set of rules for deciding disputes involving torts, probate of wills, property, administrative law, commercial law and private matters including government departments. The civil judge does not interpret the law but simply follow predetermined legal rules.

The objectives are different in civil law. There is an attempt to right a wrong, honor an agreement or settle a dispute. The victim gets compensation from the person who does the wrong. Every common law country has its own set of legal system that depicts on the rich history of civil law.

Understanding civil law, one needs to know the history of its origin. As they say, “All roads lead to Rome”, civil law has also originated from the legal institutions of Rome. Its name derives from jus civile, the civil law of the Roman Republic and the Roman Empire. The jurists were people from upper classes of the Roman society who offered their legal knowledge as a public service. They advised parties to litigation, lay judiciary who presided over the trials and judged the facts of the case.
There were two types of civil judges: the magistrate and the judge for the trial. The jurists in Rome were nonprofessional and were not the government officers, hence they did not charged for their services. Thus, Roman law had an important influence on history of the world.

Civil law is usually referred to both the common law and law of equity which have historically operated to different doctrines.

Despite of the universal recognition of the distinction between the private law and public law in the civil law world, there is still no agreement among the civil law attorneys on its theoretical basis and no uniformity as to the scope of private and public law. Private law is that area of the law in which the sole function of government was the recognition and enforcement of private rights. Contrarily, public law is the effectuation of public interest by state action. Private law includes civil and commercial codes, while public includes constitutional law, administrative law and criminal law.

In a civil lawsuit, the plaintiff is responsible for the cost of litigation. Most civil law attorneys handle victim cases on a contingency basis which means the attorney fees is deducted from the final award.

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Are signed contracts legally binding? to what extent?
my common law husband left the kids and i and i found the information contained in a custody agreement online and typed one up myself including signatures and witness signatures. obviously i realize a legal document from a lawyer is best but i dont really have the time or the money..

Can duties under negligence law arise out of the common law and out of statutory law?
Yes, the duty to not violate statutes (also ordinances and safety regulations) is a common law principal called Negligence Per Se. – Yes and yes. – Usually they arise out of common law. But, duties have been legislated, such as the duty.

Can u copyright an object by mailing it inside an envolope to yourself and never opening it?
I need this decided That would prove first authorship (use registered mail where the envelope is marked to prevent tampering), and thus preserve common law copyright. It does not put the world on notice that you have a copyright as one issued.

Common Law?
O.K. two part question, Does Idaho have common law? And does common law apply to minors as well? Common Law is simply a form of law that is different from criminal law. All US states would have a common law. Basically, unlike criminal law where crimes are against society and laws, common law regards ‘wrongs’ between individuals..

Common laws of north carolina on living together?
You could go to jail for having sex out of wedlock. – Cohabitation by non related adults of seperate sex is actually illegal. However its not enforced. Otherwise I dont know what your ? is. – A common law marriage cannot be created under North Carolina law. However, a common.

Constitutional law?
Like my other question, I need a one sentence definition for this term. Wikipedia doesn’t make it very clear what they mean. ‘ law that relates to the constitution, as a permanent system of political and juridical government, as distinguished from statutory and common law, which relate to matters subordinate to such constitution. ‘

For lawyers only!?
Have you heard of the State v. Stewart case. IF you have or have some knowledge of the case please e-mail me. 1. Under the common law, the excuse for killing in self-defense is founded upon necessity, be it real or apparent. 2. Where self-defense is asserted, evidence of the deceased’s long-term cruelty and violence towards.

Habeus corpus is lost will you help me to find him?
who is habeus corpus and where did he go to the ACLU wants me to help them find him, can you help us with this I don’t know who he is or where he went can you help us with this In common law, habeas corpus (/’hes/).

How does society and the government impact common law?
any help with the topic is much appreciated. i have no idea. thank you Common law is judge made law. Personality factors such as the individual judge can affect this. Statistics show that Australian judges are from a very narrow socio-economic background, over 90% of judges are male from an.

I specifically told a solicitor not to disclose my address but they have done what can I do?
They have breached data protection act 1998 and you need advice. It could be a very horrific situation especially as you could have been fleeing domestic violence. Basically there is a common law, called the law of confidence which prevents.

Countries that have the same common law system mean that they have the same/similar laws?
Does that mean Australia has the same kind of statutes as in Singapore/ England.. and other common law countries? Virtually all countries that started with British common law have a lot of basic legal concepts in common, starting with the principles in the Magna.

Degrees in a Murder case?
What do the degrees mean for a murder or other crime? Like when they say 1st degree, 2nd degree, or 3rd degree? 1st degree is premeditated, 2nd degree is when you just kill someone without premeditation, 3rd degree is usually like manslaughter. – It varies by state (or province). At common law (which is.

Did a common law marriage exist between Mary Magdalene & Jesus Christ?
No, the Bible, nor any other manuscript says that they were married. The Da Vinci Code is a lie, and attempts to undermine the Christian faith. Jesus came for one reason, to save mankind! – Sadly, Nobody knows.. – No, they were very close friends. Of.

In uk law, what is the difference between common law and equity?
the common law is a complete system of law applied in common law courts, it’s rigid in nature.equity is not a complete system of law, yet it suffices the lackings of the common law, equity adjudicators judges based on what is fair and just. – In.

Inheritance law in Singapore?
Hello there, I am retired and about to transfer my money to a bank in Singapore. I live partly in Europe and Thailand and have a son with my common law partner. I recently made my last will where I stated that 75 percent of my fortune should go to my son and 25 percent.

Is A South Carolina Marriage Recognized In Georgia,Or Is It Legal There?
Yes – any marriage in any state is recognized in all 50 states. This is provided for in the US Constitution. Most states do not recognize common law marriages, with one exception. Common law marriages which were established in states which *do* recognize them are recognized.

Is there a law to protect me if my boss slanders my good name?
The common law of practically every state recognizes slander as a ‘tort’ where you can sue for actual and punitive damages. Consult a lawyer. – Ofcourse.slander..but make sure it was infact slander..the boss must make a statement in the presence of third parties that.

Is there common law marrage in ohio?
a friend of mine was married in 1958 he was married for 8 years and had 3 children, he divorced , a year later they bought a home together but never remarried, the children grew up and left, neither one wants to leave the home and all they do is fight ,.

Is there common law marriage in your state?
I lived with a man for 14 years. When we broke up I thought are relationship was common law. Which entitles me to marriage benifits. But California did away with that. Does your state have common law? My state does (if it’s grandfathered – pre 1997) Here’s.

More Common law questions please visit : LawFreeFAQ.com

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Constitutional law?
Like my other question, I need a one sentence definition for this term. Wikipedia doesn’t make it very clear what they mean. ‘ law that relates to the constitution, as a permanent system of political and juridical government, as distinguished from statutory and common law, which relate to matters subordinate to such constitution.

Difference between common law and law of equity?
Common law is a different stream of law to equity. It developed in the middle ages where people who had an injustice which could not be sorted by the common law due to strict procedure and precedent were able to file their grievances in equity. – they are 2 different.

can you sue a store for not carrying an item that is on sale?
What are the common law contract principles? (Homework assignment) No, because there can be several reasons why they don’t have the item, but they can write you a raincheck or offer a substitution. – No. – ?? How can it be on sale if the.

Common law marrage in Virginia.?
Okay I have a few questions: 1) What IS common law marrage? 2) How exactly does it work in the state of Virginia? 3) What if you don’t want to be married by common law, or whatever? (Lost on words here!) Thanks! 3) An essential part of common law is that you are presenting.

common law marriage with non-u.s. citizen?
Is common law marriage recognized in Texas? If so is it still possible to have a common law divorce if one spouse is not a u.s. citizen? Texas does recognize common law marriage (called an informal marriage), but there is no such thing as a common law divorce. If you have a common.

Common law Marriage?
Is there a such thing as common law marriage, legally? Or is it just what people say when they live together. and how long do you have to live together to be considered common law? it depends on what state you live in if it exists and how long you must live together before it takes.

Find me a book on republic of ireland common law?
Hmmmm. I think you need to be more specific. Common Law relating to what? Start here, it may help.  – No, YOU find a book on republic of ireland common law. – No unless you are more polite about it

For lawyers only!?
Have you heard of the State v. Stewart case. IF you have or have some knowledge of the case please e-mail me. 1. Under the common law, the excuse for killing in self-defense is founded upon necessity, be it real or apparent. 2. Where self-defense is asserted, evidence of the deceased’s long-term cruelty and violence towards.

Habeus corpus is lost will you help me to find him?
who is habeus corpus and where did he go to the ACLU wants me to help them find him, can you help us with this I don’t know who he is or where he went can you help us with this In common law, habeas corpus (/).

How does society and the government impact common law?
any help with the topic is much appreciated. i have no idea. thank you Common law is judge made law. Personality factors such as the individual judge can affect this. Statistics show that Australian judges are from a very narrow socio-economic background, over 90% of judges are male from an.

I specifically told a solicitor not to disclose my address but they have done what can I do?
They have breached data protection act 1998 and you need advice. It could be a very horrific situation especially as you could have been fleeing domestic violence. Basically there is a common law, called the law of confidence which prevents.

Countries that have the same common law system mean that they have the same/similar laws?
Does that mean Australia has the same kind of statutes as in Singapore/ England.. and other common law countries? Virtually all countries that started with British common law have a lot of basic legal concepts in common, starting with the principles in the Magna.

Degrees in a Murder case?
What do the degrees mean for a murder or other crime? Like when they say 1st degree, 2nd degree, or 3rd degree? 1st degree is premeditated, 2nd degree is when you just kill someone without premeditation, 3rd degree is usually like manslaughter. – It varies by state (or province). At common law (which is.

Did a common law marriage exist between Mary Magdalene & Jesus Christ?
No, the Bible, nor any other manuscript says that they were married. The Da Vinci Code is a lie, and attempts to undermine the Christian faith. Jesus came for one reason, to save mankind! – Sadly, Nobody knows.. – No, they were very close friends. Of.

In uk law, what is the difference between common law and equity?
the common law is a complete system of law applied in common law courts, it’s rigid in nature.equity is not a complete system of law, yet it suffices the lackings of the common law, equity adjudicators judges based on what is fair and just. – In.

Inheritance law in Singapore?
Hello there, I am retired and about to transfer my money to a bank in Singapore. I live partly in Europe and Thailand and have a son with my common law partner. I recently made my last will where I stated that 75 percent of my fortune should go to my son and 25 percent.

Is A South Carolina Marriage Recognized In Georgia,Or Is It Legal There?
Yes – any marriage in any state is recognized in all 50 states. This is provided for in the US Constitution. Most states do not recognize common law marriages, with one exception. Common law marriages which were established in states which *do* recognize them are recognized.

Is there a law to protect me if my boss slanders my good name?
The common law of practically every state recognizes slander as a ‘tort’ where you can sue for actual and punitive damages. Consult a lawyer. – Ofcourse.slander..but make sure it was infact slander..the boss must make a statement in the presence of third parties that.

Is there common law marrage in ohio?
a friend of mine was married in 1958 he was married for 8 years and had 3 children, he divorced , a year later they bought a home together but never remarried, the children grew up and left, neither one wants to leave the home and all they do is fight ,.

Is there common law marriage in your state?
I lived with a man for 14 years. When we broke up I thought are relationship was common law. Which entitles me to marriage benifits. But California did away with that. Does your state have common law? My state does (if it’s grandfathered – pre 1997) Here’s.

More Common law questions please visit : LawFreeFAQ.com

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Can a person file another person in a common law marriage?
If my grandma was being filed on my mother taxes for about 30 years but my grandma’s common law husband said he wants to file her can he do it? whoever she lived with or paid for her care and support gets to do it. – It depends.

can an x-wife go after the income of any partner the x-husband may marry or live common law with?
you need to check the laws in your particular state , each state has different rules/laws dealing with family court. in some states she can try to go after the income. so definitely check with your state! – No,.

what is an arraignment hearing?
reference.com Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary from jurisdiction to jurisdiction, but they generally include ‘guilty’,.

What is the Law of Domain?
– I have no idea what you are talking about. – Eminent domain (US), compulsory purchase (United Kingdom, New Zealand), compulsory acquisition (Australia) or expropriation (Canada, South Africa) in common law legal systems is the lawful power of the state to expropriate private property without the owner’s consent, either for its own.

What is The Law of Domain?
I know it’s associated to Chicago’s O’hare wanting to remove a cementary to have a new run way. – I believe you are asking about the legal concept of Eminent Domain: Eminent domain (US), compulsory purchase (United Kingdom, New Zealand), compulsory acquisition (Australia) or expropriation (Canada, South Africa) in common law legal systems.

what is the penalty for defamation with the intention of tarnishing the reputation or modesty of a woman?
There is no ‘penalty’ per se for defamation. It is a common law civil tort action, so the damages in the case are based on the concept of ‘making the injured party whole’ and restorative justice. Since it is defamation,.

what would the answer be?
Raoul is serving 6 years in prison for murder. He received $10,000 for the hit. If his common law wife is spending $100 a month, how much money will be left when he gets out of jail, and how many years will he get for killing the ** that spent all his money? Raoul.

Whats the # of yrs. to claim a common law marriage in states of Az & Tx?
how many years living together constitutes/justifies a couple as having a common-law marriage? In Texas it’s as long as you both use the same address and and or consider yourselves married. Also if you both do your taxes together then you can.

What’s the difference between statue and common law?
Hey Gords. Statute is the law which is laid down by the legislature, it is legal text which is promulgated by parliament, or law making organs of state. Common Law is the law of our ‘ancestors’. It is that law which has been developed since before (in my case South.

When was the first Sodomy law passed in the United States?
Under the common law, many crimes were not set out in statutes. Sex with animals, a crime against nature, was such a common law crime, and would pre-date Columbus. Male homosexual sex was, probably, also a common law ‘crime against nature’ but was specifically prohibited by a.

Who Can give me an example of common law thanx?
The common law is the body of law (in England and the US) that grew up outside of statute — in very simple terms, it is legal tradition, rather than acts of Congress or Parliament. Now most of the common law traditions are formalized by statute, but in.

Will a court find a contract and include the additional terms?
An acceptance will create a contract. At common law the acceptance had to be identical ( mirror image) to the offer! A response that was not identical would amount to a counter-offer and cancel out the offer. Modernly, this is no longer the case. If the offeree gives.

can someone get married without getting divorced from a common law marriage in texas?
– yes, unless they have used your name on any mail or government thing(welfare)for a period of 2 or more years – !st find out if common law marriages are even legal in Texas, people assume that they are legal in All states, there.

Can the whistleblowers identity be revealed if he freely and voluntarily resign because of another job?
using the UK public disclosure act No, definitely not, if the whistle blower found out the firm/company/organisation would have breached their duty of care under common law and may be put the informer in a life threatening position. The whistle blower could sue.

Are judges considered ‘public figures’ under common law?
and can they legally sue a newspaper for libelous statements? We’d need more facts to answer, truthfully, because there are so many different types of judges. Most will be at least limited-purpose public figures. Assuming some form of public-figure identity, a lawsuit from a judge would have to show ‘actual malice,’.

Are signed contracts legally binding? to what extent?
my common law husband left the kids and i and i found the information contained in a custody agreement online and typed one up myself including signatures and witness signatures. obviously i realize a legal document from a lawyer is best but i dont really have the time or the money..

Can duties under negligence law arise out of the common law and out of statutory law?
Yes, the duty to not violate statutes (also ordinances and safety regulations) is a common law principal called Negligence Per Se. – Yes and yes. – Usually they arise out of common law. But, duties have been legislated, such as the duty.

Can u copyright an object by mailing it inside an envolope to yourself and never opening it?
I need this decided That would prove first authorship (use registered mail where the envelope is marked to prevent tampering), and thus preserve common law copyright. It does not put the world on notice that you have a copyright as one issued.

Common Law?
O.K. two part question, Does Idaho have common law? And does common law apply to minors as well? Common Law is simply a form of law that is different from criminal law. All US states would have a common law. Basically, unlike criminal law where crimes are against society and laws, common law regards ‘wrongs’ between individuals..

Common laws of north carolina on living together?
You could go to jail for having sex out of wedlock. – Cohabitation by non related adults of seperate sex is actually illegal. However its not enforced. Otherwise I dont know what your ? is. – A common law marriage cannot be created under North Carolina law. However, a common.

Constitutional law?
Like my other question, I need a one sentence definition for this term. Wikipedia doesn’t make it very clear what they mean. ‘ law that relates to the constitution, as a permanent system of political and juridical government, as distinguished from statutory and common law, which relate to matters subordinate to such constitution. ‘ http://www.thefreedictionary.com/Constitutional+law

Difference between common law and law of equity?
Common law is a different stream of law to equity. It developed in the middle ages where people who had an injustice which could not be sorted by the common law due to strict procedure and precedent were able to file their grievances in equity. – they are 2 different.

can you sue a store for not carrying an item that is on sale?
What are the common law contract principles? (Homework assignment) No, because there can be several reasons why they don’t have the item, but they can write you a raincheck or offer a substitution. – No. – ?? How can it be on sale if the.

Common law marrage in Virginia.?
Okay I have a few questions: 1) What IS common law marrage? 2) How exactly does it work in the state of Virginia? 3) What if you don’t want to be married by common law, or whatever? (Lost on words here!) Thanks! 3) An essential part of common law is that you are presenting.

common law marriage with non-u.s. citizen?
Is common law marriage recognized in Texas? If so is it still possible to have a common law divorce if one spouse is not a u.s. citizen? Texas does recognize common law marriage (called an informal marriage), but there is no such thing as a common law divorce. If you have a common.

Common law Marriage?
Is there a such thing as common law marriage, legally? Or is it just what people say when they live together. and how long do you have to live together to be considered common law? it depends on what state you live in if it exists and how long you must live together before it takes.

Find me a book on republic of ireland common law?
Hmmmm. I think you need to be more specific. Common Law relating to what? Start here, it may help. http://www.courts.ie/courts.ie/library3..common law – No, YOU find a book on republic of ireland common law. – No unless you are more polite about it

For lawyers only!?
Have you heard of the State v. Stewart case. IF you have or have some knowledge of the case please e-mail me. 1. Under the common law, the excuse for killing in self-defense is founded upon necessity, be it real or apparent. 2. Where self-defense is asserted, evidence of the deceased’s long-term cruelty and violence towards.

Habeus corpus is lost will you help me to find him?
who is habeus corpus and where did he go to the ACLU wants me to help them find him, can you help us with this I don’t know who he is or where he went can you help us with this In common law, habeas corpus (/’he?bi?s ‘k??p?s/).

How does society and the government impact common law?
any help with the topic is much appreciated. i have no idea. thank you Common law is judge made law. Personality factors such as the individual judge can affect this. Statistics show that Australian judges are from a very narrow socio-economic background, over 90% of judges are male from an.

I specifically told a solicitor not to disclose my address but they have done what can I do?
They have breached data protection act 1998 and you need advice. It could be a very horrific situation especially as you could have been fleeing domestic violence. Basically there is a common law, called the law of confidence which prevents.

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