Discover the expert in you.
Discover the expert in you.
Texas has a complicated law on homestead protection. The definition of a homestead varies, depending on whether the property is urban or rural and whether you are single or a family. A home that is in a rural area may be classified as urban if it meets certain criteria. This is one reason why lenders require a bond waiver before loaning money to a homeowner.
The California civil laws provide for a multitenancy of a single-family dwelling to be created by a rental agreement that can either be oral or written. It can be for a fixed duration or on a regular basis of weekly, biweekly or monthly. All fixed-term agreements for more than one year are required to be put in writing. The written agreement names the parties and the terms of agreement.
Both an arrest and being charged with a crime result from a complaint or probable cause of a criminal act. A complaint is filed, and then an investigation ensues. The only way a person can be charged for a crime is for an indictment to be filed with the court. The complaint is simply a request for the prosecutor to file charges and the assurance that whoever filed the request will testify in court about the case. For an arrest to take place, a police officer only needs probable cause.
The U.S. Department of Justice (DOJ) regulates the auctioning of seized property such as vehicles, homes, farm and engineering equipment and appliances. The DOJ retains the rights to these assets once seizure is carried out. Law enforcement agencies can appeal to the DOJ to auction off assets for recouping money. Money made from these auctions is put into government programs to benefit U.S. citizens and law enforcement.
American civil courts adjudicate disputes between private parties. Civil court verdicts do not include prison sentences or criminal fines. Each state has a civil court system of its own. An entirely different set of civil courts exists for federal cases. Both state and federal civil courts are divided into lower and upper courts. Lower courts are comprised of trial courts. Upper courts are comprised of appellate courts. A variety of names can refer to the lower, trial courts. Depending on the jurisdiction, lower courts may be called district, circuit or superior courts.
In criminal prosecutions and civil actions, the party initiating the action is assigned a burden of proof, but the level of proof in each case is different, taking into account the potential detriment to the defendant if he is found guilty or liable. The differences in civil and criminal standards can lead to opposite outcomes in a case involving the same facts and issues.
The constitution of the United States protects citizens from unlawful search and seizure. If property was taken from you by the police, it is likely tied to an investigation. In Arizona, it is first logged into an evidence room where it is cataloged and stored. Then an order from a court determines what the next step is -- either destruction, held for investigation or released to its owner. The onus falls on you to stay diligent, find your property and retrieve it before it is discarded or destroyed.
The United States Patent Quarterly (USPQ) is a quarterly legal reporter that publishes court opinions on intellectual property cases, covering topics including copyrights, trademarks and patents. The USPQ, which is published by the Bureau of National Affairs, is not available to members of the public without a subscription. In order to find and retrieve cases in the USPQ, you will need to have access to a digital research service that contains the USPQ database, such as Lexis-Nexis or Westlaw.
In most civil cases where a judgment is awarded, the judgment debtor must pay the prevailing party the amount of the judgment. The judgment creditor, in turn, completes a satisfaction of judgment form and files it with the court. The judgment debtor can petition the court to vacate the judgment in certain circumstances. If you believe that the judgment against you was obtained by fraud or you were not given proper notice, you may petition the court to vacate the judgment.
Civil courts are responsible for handling cases that do not involve a crime. Civil cases are disputes between individuals or groups that cannot be solved without the intervention of the court. One party, called the claimant or plaintiff, files a lawsuit or complaint against another party, called the defendant, with the court to resolve a personal or professional dispute that cannot be solved without court intervention.
A contested legal action or lawsuit is known as litigation. A litigator is a term for a trial lawyer. Most lawyers do not specialize in trying lawsuits. The ones who do are known as "litigators" because they specialize in litigation. "Litigator" is a specific term referring to a specific type of lawyer. "Mitigator" is a general term that does not designate a specific occupation; it refers to anyone who is mitigating or "limiting the losses" of an event. Generally, a litigator is unrelated to someone referred to as a mitigator. Recently, however, both litigators and mitigators have been actively involved…
The legal system in the United State is divided into two areas of law: criminal and civil. Criminal law involves federal crimes such as murder, theft and arson. Civil law deals in tax law, franchise litigation, copyright and business transactions, among other matters. Generally, civil attorneys chose an area of specialization. If your case is about intellectual property, for instance, you don't want to hire a lawyer who is an expert in personal injury. Although finding the right civil attorney might seem like searching for a specific pebble on the beach, reducing the process to a few steps will help…
The downside of acting as your own attorney is not having a professional to handle the legal research. The process of finding law that supports your position is crucial to convincing a judge to rule your way. One source of law is the large body of written decisions, or "cases," from courts in the past that had to decide legal problems similar to yours. If your lawsuit is pending in New Jersey, you can find these cases using an online legal database or a library. All you need to get started is knowledge of some legal research basics.
More people are choosing to save money on an attorney and represent themselves in court. Case law is an important aspect in backing up an argument in court. In the past, law cases were hidden away in law libraries and only available to attorneys. However, with the Internet, anyone can find and use case law on any legal topic to help them in their legal endeavors.
Most criminal offenses and civil actions occurring in the state of Maine must be tried within a set amount of time. The state's criminal code contains a statute of limitations provision that specifically details the application of statute of limitation laws to the criminal cases prosecuted in Maine. Maine's civil code also establishes limitation procedures governing civil court cases.
Whether one is sitting in the back of a police cruiser or reading one of those strangely formatted letters from the county or the state, it's typically confusing trying to find out exactly what one is charged with. With so many different classifications of lawbreaking, it's important to understand whether you're being charged criminally or civilly. Each carries a different set of legal rights for the accused and different outcomes if found guilty.
As opposed to criminal trials, civil proceedings do not lead to jail time. Instead, the court may order a series of damages, including an injunction and financial damages. To receive damages, as a plaintiff, you must successfully prove you were injured and your injuries were caused by the defendant(s) in the case.
Most people are familiar with the terms criminal conviction, civil suit and civil rights laws. Less familiar is the idea of civil conviction, which has to do with the finding of guilt when a person violates a law or regulation that falls outside the criminal court system.
Decisions judges make about legal issues are known as case law. In California, the judges on the California Court of Appeals and the state Supreme Court generate these opinions. Lower court judges generally consider these opinions when ruling on legal points. Attorneys use case law in subsequent cases to point to legal precedents to convince a judge to rule a certain way based on past cases. Finding case law involves researching specific opinions or general legal topics. You can search in online databases or in printed books, called reporters.
The United States legal system utilizes a lawmaking principle known as stare decisis. Under stare decisis, a judge not only interprets the law but has the authority to make the law by deciding cases before her which set precedents for future cases. As a result, attorneys often need to brief cases that have been decided in order to understand the judge's decision and apply it to a current case. The most common form used to brief a legal case is known as IRAC -- Issue, Rule, Analysis and Conclusion.
Canon law generally consists of rules and laws governing a Christian church. The term especially refers to the laws created by the Roman Catholic Church and compiled in the Code of Canon Law. Explaining canon law to someone else requires an understanding of its purpose, history and development. The ability to explain canon law can be acquired through a study of the structure and content of the Code of Canon Law and other resources such as commentaries, articles, study guides and online information. Joining a study group of people with knowledge of or interest in canon law can also be…
Pre-action protocols are a set of guidelines which must be followed by both parties in a civil suit court case before hearings can begin. Different pre-action protocols apply for different cases in different situations. Primarily, they are used in the United Kingdom.
Case documentation is an important element of legal writing. Cases are one of the primary sources of legal authority. Because the United States is a common law system, decisions made in a particular judicial district are binding on other courts in that district. Similarly, decisions made by appellate level courts are binding on courts beneath them. This is why a decision made by the U.S. Supreme Court is binding on all of the federal appellate and district courts. This authority of previous decisions is known as precedent. Using case documentation in legal writing is the means by which a legal…
Civil cases are non-criminal cases dealing with matters between two or more individuals. Each state may organize its civil courts differently, and different municipalities may also organize their courts differently, as long as they are in accordance with state law. Broadly speaking, there are several categories of civil cases: general, family, juvenile, landlord/tenant, small claims and probate. These categories may be reflected in different "courts" where judges deal primarily with one or more of the categories of civil law.
Eminent domain has been exercised by the federal government and by state government to take private land. But now the Utah State Legislature passed a law give the State of Utah the authority to condemn federal land. The state can now attempt to condemn federal land, but its success is not guaranteed. While the steps to achieving this are the same as in other eminent domain cases, the final step will be before a federal court.
Passed as part of the Civil Rights Act of 1871, 42 U.S.C. § 1983 or Section 1983 prohibits any acting under the "color of authority" of state law from violating the civil rights of any person.
The Law of Civil Procedure of the People`s Republic of China was enacted in 1991 and took effect April 9 of that year. The law ensured citizens were educated in, and had access to, their litigation rights and deals mostly with where certain cases should be tried.
In common law, an affray consisted of a fight between two or more people. Getting involved in an affray can lead to civil liability for a combatant who commits an assault against another person.
Registered nurses in Louisiana face penalties ranging from light to severe when they do not follow nursing protocol. These civil penalties help keep nurses aware that they have a heavy responsibility as far as public health and confidentiality are concerned.
Registered nurses have penalties that are inflicted on them for transgressions such as medical malpractice and breach of confidentiality. These civil law penalties can cause them to be suspended or banned from the nursing practice.
Forfeiture in Florida is governed by the Florida Contraband Forfeiture Act. The purpose of the statute is to deter crime by taking the profits of the crime. Under the statute, the authorities can seize contraband and any property that is an instrument to a felony offense. This can include not only drugs, drug paraphernalia, cash, vehicles, vessels and real property. Local governments in Florida may also have their own rules governing forfeiture.
Civil law is the section of the law that deals with non-criminal disputes. Virginia Civil laws deal with such areas of the law as disputes over contracts, custody of children, divorce, property ownership and property and personal damages..
In the state of Florida, the Florida Statutes contain laws that regulate judgments passed in civil proceedings in the state. Civil cases, in which a person, an organization or a corporate entity claims that you owe them money, are heard in Florida's civil courts, and Florida civil court practice and procedure are regulated by laws contained in Title VI of the Florida Statutes. Chapter 55 of Title VI contains the regulations relating to judgments in civil cases.
U.S. laws permits law enforcement officers to seize property. In some cases, property is forfeited, which means ownership is transferred to the government without any compensation to the original owner. Many laws allow seizure to prevent any further criminal activity, for example, drug trafficking and money-laundering. In criminal forfeiture, property is forfeited upon conviction of the owner. Civil forfeiture also exists, whereby the government seizes property without any criminal prosecution.
The differences between criminal and civil court can be confusing. Criminal courts judge only criminal cases and civil courts judge only civil cases.
The New York City Civil Court Act contains rules concerning the organization of civil courts in the city. Seven courthouses in the city's five boroughs house New York City's civil courts, which hear noncriminal cases.
Florida's Racketeer Influenced and Corrupt Organization Act (RICO) is designed to deter organized crime from operating corrupt businesses within the state and unlawfully influencing the day-to-day operation of existing legal businesses. The law has stiff penalties for those found guilty of racketeering and gives law enforcement broad powers to seize all illegally obtained funds, property and assets.
The United States Federal Criminal Code is extensive and covers almost any mandate you could think of. The federal law trumps state laws, and states tend to derive their laws from the laws already mandated by the federal government. While states can get more specific, they risk being overturned federally.
Although criminal charges and domestic law matters are very different concepts, the underlying facts are sometimes exactly the same.
California Law consists of 29 different codes. Each code describes the operation of the legal system within a subject area. These range from the Business and Professions Code through the Penal Code, the Vehicle Code, the Unemployment Insurance Code and the Water Code. The California Code of Civil Procedure describes civil law in California, and is divided into four sections: Courts of Justice, Civil Actions, Special Proceedings of a Civil Nature, and Miscellaneous Provisions.
A civil judgment is a court decision which arises from a lawsuit. Civil judgments often require one party to pay a specific sum of money to another party. Civil judgments automatically place a lien on the property of the party that the judgment was ordered against and will show up on a credit report. Florida has civil judgment laws that provide clear guidelines regarding civil judgments.
Family law is one of the categories of civil law. Civil law encompasses a number of legal areas that are non-criminal. Civil law is designed for the resolution of a wide range of disputes between parties.
Civil law is the set of rules that governs the resolution of noncriminal disputes. Every state has a codified body of laws for resolving civil disputes such as contract issues, divorce and property ownership conflicts. Many of Florida's civil laws are found in Title VI of the Civil Practice and Procedures Section of the Florida Statutes.
Civil cases typically involve disputes between private parties. On the other hand, criminal cases involve actions that are considered detrimental to society. In civil cases, the party that claims damages must bring suit, while in criminal cases the state or federal courts bring suit.
Chinese criminal procedure revolves around three branches of the judicial system. The people's procuratorates, the people's court and the public security organs are all separate legal organizations that work together to resolve criminal matters in the country.
Mentioned in almost every gangster movie of the last 20 years, the RICO act is the collection of laws originally aimed at racketeering and organized crime. The act targets the finances of organizations committing a pattern of illegal activity. Persons convicted under the RICO Act are subject to forfeiture of their illegally gained profit and restrictions may be placed upon them regarding future business dealings. The law provides for both civil and criminal penalties.
Civil lawsuits include all non-criminal lawsuits. There are six categories into which civil cases fall. In California the remedy sought in a civil case determines which court hears the case. Small claims courts have jurisdiction over lawsuits up to $7,500. Limited jurisdiction superior court handles cases worth less than $25,000, and cases worth more than $25,000 go to unlimited jurisdiction superior court.
Illegal asbestos removal in California poses an immediate threat to the environment and the health of the state's citizens. Penalties for workers and businesses that engage in these practices include jail time and fines. This goes a long way to ensure the law is upheld and no one cuts corners in the name of turning a larger profit.
The law affects everyone in a society with its implications reaching into nearly every corner of everyday life.. Those who practice law as a profession typically specialize in one field due to the complexity of the law in all its forms. It would be difficult for one person to become an expert in all areas of law. If you need a lawyer, you should know the different types of law to determine what type of lawyer to seek out.
Substantial evidence is a legal concept that an individual piece of evidence is so sufficient that a reasonable person of sound mind could convict or acquit based on that one piece of evidence alone. Substantial evidence is arguably better known as the "smoking gun" in criminal matters. The concept of substantial evidence is apparent in both civil and criminal law, and can work for or against a particular claim. For the courts to consider a piece of evidence as substantial, the evidence must pass the "substantial evidence test."
Maine does not classify crimes as felonies and misdemeanors but rather by the class system. Criminal acts are graded "A" through "E" by the possible penalties. The statute of limitation is decided according to the letter grade of the relevant offense. The age of the offender is also taken into account when determining the time limit for bringing legal action.
Assimilated crimes are those that exist at the state level and are "assimilated" to federal law. In order for the crime to be assimilated to the federal government, several things must exist: first, the crime must have occurred on federal property and second, that there is no federal law covering that crime.
Perjury is intentionally and willfully making a false statement in a court or government proceeding. The falsity of the statement must be known to the person making the statement at the time it is made. There are three federal perjury laws. Presenting false statements under oath in federal official proceedings is prohibited by 18 U.S.C. 1621. Presenting false statements under oath before a federal court or grand jury proceedings is prohibited by 18 U.S.C. 1623. Inducing or procuring another to commit perjury in violation of either of the above sections of the U.S. Code is prohibited by 18 U.S.C. 1622.…
Civil and criminal trials both take place in courtrooms, and the same judge may hear both civil and criminal matters. Civil and criminal court proceedings have several differences, however. These differences include different parties, different issues or causes of action, different burdens of proof and different penalties if the defendant is found to be responsible.
Canon law is defined as "the universal law of the Catholic church that defines roles, relationships, and responsibilities" in the Augustinian Recollects, a Web-based newsletter produced by the Augustinian order of priests, monks and deacons.
Litigation refers to any lawsuit taken to the courts to decide a legal question, such as when a patient brings suit against a physician for alleged medical malpractice. Some types of lawsuits allow plaintiffs or defendants to represent themselves before the court. Others, such as qui tam actions charging the government of fraud, require that an attorney litigate the case. Attorney litigation law means those cases specifically litigated by lawyers.
The federal court system and individual state court systems comprise the U.S. judicial system. According to the U.S. Courts website, each court system hears certain types of cases. The systems occasionally interact, but most cases are resolved without reaching the federal level. Most court cases take place in a state's civil or criminal courts.
The U.S. legal system can be divided into to basic, broad categories: civil law and criminal law. Under each category is a system of codes, common law and prescribed punishments used by the judicial branch to remediate crimes and disputes.
Penalties for conviction of credit card fraud in Massachusetts include loss of freedom, fines and potential additional federal consequences. Federal offenses relate to the possession of access devices, software and/or hardware to secure personal information by fraudulent means. Massachusetts law handles all those offenders causing smaller financial losses to victims, while federal charges target offenders who steal financial information on a large scale.
The word "litigation" refers to a lawsuit in court before a judge and/or jury. Litigation is used by people, companies and organizations to resolve disputes. The term "litigation" helps in distinguishing civil lawsuits from arbitrations, mediations and other dispute resolutions.
Your first assignment in all law school classes, with the exception of legal research and writing, will be to brief a case. Briefing a case is essentially dissecting a judge's opinion of a particular case. Your task will be to pick out the facts, the issue, the reasoning, and the holding. By doing this on a consistent basis for every class, you will be developing your case analysis and legal reasoning skills.
In the United States, decisions in civil suits are often made based on precedent. A precedent is a prior case with similar facts. Judges use decisions in these similar cases to guide their decision-making in the case before them, reasoning that cases with similar facts should be decided similarly. Using case law in a civil suit to support your case can help the judge make a decision in your favor.
Tennessee's Medical Practice Act, adopted in 1901, establishes the state's Board of Medical Examiners and provides detailed regulation of medicine and surgery. The Board awards licenses, sets standards, investigates violations of the act and disciplines violators.
A civil action officially commences when an individual who has a dispute with another files a complaint against that person in court. The complaint is a short and plain statement of the facts surrounding the controversy.
While criminal law tends to get the most notice, civil law actually makes up the largest number of cases in the U.S. legal system. A civil court action begins when you file a lawsuit against someone who you believe has wronged you. While civil law and civil actions share a few similarities with criminal law, it's important to understand what makes civil actions unique.
Civil courts settle disputes and arguments that are not criminal in nature. Civil court trials provide an arena for people to offer evidence for their case to persuade a judge or jury that they are deserving of compensation, most often in the form of monetary awards.
The Generic Drug Enforcement Act (GDEA) was passed in 1992 in an effort to address concerns raised in Congress about the approval process for generic drugs. It was put forth that the existing method of approval through the U.S. Food and Drug Administration (FDA) was corrupt and not fair to companies applying for approval to manufacture and distribute generic drugs. The act authorizes the FDA to prevent companies from manufacturing generic drugs should they deem those companies corrupt or acting in manners in violation of the law.
Civil law and criminal law have certain bedrock principles, but they also differ in various ways. Some of the similarities involve the steps taken before and during a trial. However, the processes leading to the trial are the most notable differences.
Criminal laws are passed to prevent dangerous acts such as robbery, assault and murder. Because such acts damage our society, officers of the court---county, state and federal prosecutors---file criminal charges in the name of the state or U.S. government. Civil laws seek to enforce contracts or correct a wrong inflicted on someone. People generally hear more about criminal cases than civil cases, but there are more civil laws on the books than criminal statutes.
Property seizure occurs for three primary different reasons. Property is seized in order to satisfy a civil financial obligation, including debts or taxes. Property also is seized as part of a criminal prosecution. Another type of legal action that involves the seizure of property--specifically real estate--is known as eminent domain.
Lawsuits in civil court can involve a range of areas including credit card payment disputes, landlord-tenant disagreements, breach of contract allegations and compensation for injuries suffered in automobile accidents. According to the Civil Court Self Service Center, lawsuits are filed in civil court by individuals or companies that believe they have been hurt financially or physically by another individual or company.
"Cybercrime" and "computer crime" are interchangeable terms that describe criminal activity related to computer technologies and the Internet, where a computer or technological device is the source or target of the crime itself.
Canon law differs from what commonly is thought of as "law" in that it is not enacted by a civil (or governmental) authority. Rather, canon law is ecclesiastical law, a code of provisions developed by a church. Specifically, canon law governs three religions in the world today, each having its own code of canon law--the Roman Catholic Church, the Eastern Orthodox Churches and the Anglican Communion of Churches. Other Protestant churches have laws, rules and policies, but do not consider these strictures to be canon law in the strictest sense of the word.
The concept of a civil litigation attorney comes from English Common Law and was later brought over and adopted in the United States. A civil litigation attorney is a lawyer who represents a party in matters such as personal injury, landlord/tenant disputes, motor vehicle accidents, negligence, contract or products liability. Civil litigation occurs when a party is seeking to recover money damages or specific performance from another party. A civil litigation attorney can help a person recover injuries caused by another party, and he can be a useful resource for anyone looking to recover capital or place an injunction on…
Both federal and state laws protect persons in a relationship from being physically, sexually and emotionally victimized by their partner. While general criminal law provisions protect victims of domestic violence, federal laws such as the Violence Against Women Act imposes additional penalties for persons who use a weapon while committing domestic violence or who travel between states to perpetrate their acts.
A JD degree is the professional graduate degree usually required to practice law in the United States. JD is the abbreviation for "Juris Doctor" or "Doctorate of Jurisprudence." ABA (American Bar Association) accredited law schools require a bachelor's degree for admittance and generally require three years of legal study to complete a JD degree. Law degree course requirements and teaching methods vary from school to school.
If you've suffered domestic violence at the hands of a spouse or lover, the judicial system gives you two main options in seeking justice. Punishable cases can be tried in either the criminal or civil court systems. While the vast majority of domestic violence cases can be tried in both court systems, there are several key differences in the ways these courts function. You'll need to understand the differences of these two courts to know if your domestic violence case is punishable under civil law.
Abuse can encompass all forms of mistreatment, from physical violence to emotional or psychological violence. Additionally, the courts have recognized two different classifications to organize the various forms of abuse or harassment. Before you can prosecute a case of abuse or mistreatment, you'll first need to tell if it the action qualifies as domestic violence or civil harassment.
The US justice system gives abusive victims several ways to bring their oppressors to justice. Domestic abuse can range from physical abuse to emotional or psychological abuse, all of which is punishable under criminal and civil laws. To mount a successful criminal case, you'll need to know how criminal law differs from civil law and if you'll be able to prosecute your case according to these different standards.
