Posts Tagged ‘Law Faq’

Common law FAQ

December 30th, 2009

2 classes of citizenship in US.Why aren’t most folks aware they’re ‘defacto’ citizens? Not common law citzs.

#1 Article IV,section 2 of US constitution (de-jure) rightful CommonLaw Citizenship; #2 14th amendment of US const.(defacto)as a matter of fact although not rightful,citizenship created for emancipated negro slaves allowing them also federal benefits.Why did everyone become deFacto citizens and waive their.

Do Jurors have the right to judge the law as well as the facts in a case?

They sure do.When the U.S. Constitution recognizes the right to the trial by jury, it provides the common law trial by jury. This applies to both criminal law and to civil law suits ‘according to the rules of the common law’.

Marriage laws what is it and why do we have them?

Marriage licencse are regarsterd by law why is that? Marriages under the common law (the law from England and the Middle Ages), were essentially contracts. Marriages were very important. Land, money, alliances, goods, soldiers, and ships would be exchanged between families as part of a marriage. Some people.

Mrs Smith’s legal argument for her claim would be under common law?

Mrs S drives into the entrance of Watson’s multi–story car park at 4.55 pm. She takes a ticket from the dispensing machine. This ticket has printed on it a black metallic strip that records the time, and the legend: “By accepting this ticket the holder is bound.

On what reasonable grounds can you object to planning permission?

Hi, You can object on the grounds of denying you the common law right to light. i.e the new building blocks your window. The building design is not in keeping with the area. The land on which it is built has a restrictive covenant preventing building on the.

Statutory law?

is statutory law law that is passed by congress, state, and local governments? thanks Yes. There is also ‘common law’. Common law is law that was created over time by the courts. In some areas of law, in some states, common law has been replaced by statutory law. For example, in most states, there is no common.

Sueing someone for abuse and harassment?

My ex boyfriend has dragged me through the dirt for the past 8 months. He claimed we were common law married and we weren’t. I had a crappy attorney at the beginning and had them recused and now i have a really great attorney. I haven’t talked to my attorney yet about my.

The common law duty of skill and care owed by a director to his company adequately protects members. discuss?

The duty owed by directors of a company to the members (shareholders) is also a fiduciary one as they are acting to control the company to the shareholders benefits. xxR – Errm .. sorry .. but you have put.

‘The rule against past consideration is an imposition of common law’. Discuss?

A promise cannot be based upon consideration that was provided before the promise was made. For example, if X promises to reward Y for an act that Y had already performed, the performance of that act, while good consideration for the promise to be rewarded for.

True or false : A crime is always a violation of federal law.?

FALSE: It might be a violation of municipal, county, state, tort or common law. – false. a crime can be a state violation. it does not mean it is a federal crime. state laws are not federal laws. – Untrue..states, counties and cities make and.

What are main three difference between common law and equity law.please define with examples.?

You should not board a ladies compartment in the Train. This equity has been granted to female boarders. You should address Ladies & Gentlemen – this equity has been granted to ladies. Ladies are defined as ‘weaker’ section of the society. This enable ladies.

What does Common law husband and wife mean?

Not legally married? I really need some help to fill out a government application. So How do I know what common law husband means? In the state of Texas if a couple holds themselves to be married to the public and if they live with each other as a married couple.

What does no contest mean in law?

It is a common english translation of ‘nolo contendre.’ In criminal trials in some common law jurisdictions, a plea of ‘nolo contendere’ means that the defendant neither admits nor disputes the charge, and is an alternative to pleading guilty or not guilty. This is also called a plea of no contest,.

What happens when Someone dies intestate?

Depends on the jurisdiction. Hire a lawyer and find out. At common law everything went to the English king, unless given to an heir. In Roman times, a will was made, if you were rich and had something to give. If not, well it went to whoever was strong enough to keep.

What is difference between equity and common law?

English Common Law are the set of laws based on traditions created before and during the middle ages. As such, they often deal with nobility and other outdated traditions. But it also hands us traditions such as the jury system, search warrants, and many trial elements. These elements will later.

What is the difference between common law and civil legal systems?

There are too many differences to count, but they are the two most common legal systems in use in the west. I noticed many people answering this question with the assumption that you are talking about two facets of the American legal system, but this is a.

What is the difference between common law rights and statutory rights?

Common law rights are found in past case decisions..i.e. where a judge decided on a case and at the same time set a legal precedent, this is commonly known as case law or stare decisis. Statutory rights are found in legislative statutes written by local, county, state,.

What is the difference between common,criminal,civil and case laws?

Common Law: In UK common law is one of the main sources of law. This term is used to denote rules derived from decisions of superior courts in contrats to those derived from statutes. Common Law included rules of precedents,customs and ancient legislations. Distinction between criminal law and civil.

Which is better for legal system?

civil law? common law? religius law? costomery law? Common law and civil law have done the job well in their countries. In some cases common law appears to be better especially economically. But civil law has got its advantages as well. Common law or law that is digested from judicial decisions need good.

Who is responsible for keeping tree limbs trimmed that hang into a neighbours yard?

The general common law rule is that you have no obligation to trim tree limbs that overhang your neighbor’s property. On the other hand they have the right to cut anything that hangs over their land. Common Law Exception: If you know your tree.

Can a person relinquish their U.S. Citizenship but maintain State Citizenship?

Trying to research information on any sovereign individuals left in the USA that are only responsible to common law or inalienable rights. Are there really 2 classes of individuals ‘U.S Citizens’ and ‘State Citizens’ According to the US Dept of State, one can relinquish their US Citizenship by.

Does Arizona state law regonize common law marriages?

Arizona has a specific statute relating to common law marriages: Arizona Revised Statute §25-111 states as follows: A. A marriage shall not be contracted by agreement without a marriage ceremony. B. A marriage contracted within this state is not valid unless all of the following occur: 1. A license is.

Common law?

is there a common law in the state of Louisiana? i need to know for a friend of mine she has lived with her man for over ten years and now their brakeing up for good. he is in jail and he has been really bad to her and now it’s over. so can you help me.

Does each state create its own body of common law?

Well. to answer your question accurately. No (but yes). The ‘common law’ is the law that has been passed down throughout the years, interpreted by the courts, and essentially adopted by each of the states. It also means that the judges are (generally) required to follow the decisions.

Does USA has a comman law maraige?

- yes.requirements vary from state to state – Different states have different laws. – some states recognize common law marriages, not here in Illinois anymore but there are still a few that do. – It is under state jurisdiction. Some states acknowledge it and the one’s that do set their own.

I need some info on common law, how can i get it done?

I would recommend going to a local law library (and local law school will have one) and using some of the treatises on law. Treatises give the generally accepted rules for the various issues in law and the notable exceptions to those rules. Additionally, they.

In a common law relationship, Upon separation what is the cheapest way to divide equity . I am not on deed.?

I am not on title to my home. My commonlaw boyfriend says it is half mine. I pay half the mortgage. Would like to know the cheapest way to secure myself incase of a seperation in future. Please.

In the United States, informing suspects of their legal rights during an arrest procedure is required as a res

In the United States, informing suspects of their legal rights during an arrest procedure is required as a result of a) customs adopted from English common law b) State legislation c) decisions of the United States Supreme Court or d).

Is Ca. a common law state?

are common law marriges recogized in Ca. No, it is not. Common law marriage is recognized only in the following states: Alabama Colorado District of Columbia Georgia (if created before 1/1/97) Idaho (if created before 1/1/96) Iowa Kansas Montana New Hampshire (for inheritance purposes only) Ohio (if created before 10/10/91) Oklahoma Pennsylvania Rhode.

Is she entited to house after 17 years?

Lived unmarried for 17 years in a state that does not recognize common law marriage, she wanted to depart I did not object, I own home, she never contributed financially to it, now I am being sued , she is saying she should be entitled to half the home. SOMEONE PLEASE.

More law questions please visit : LawFreeFAQ.com




By: lawfaq

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constitutional law restrictive covenant, slavery common law marriage and the contatuion

State law FAQ

December 20th, 2009

Why can’t every law abiding citizen carry a concealed weapon to protect ourselves against human predators?

It seems to me humans are just animals with laws. It should be a human right to protect myself and my family with any means necessary regardless of state law. I can’t carry a concealed weapon in liberal ** Rhode Island without being.

If a company sends me a package I did not request, am I obligated to return it?

I bought a laptop from Refurbdepot.com. It was delivered with hardware problems. I sent it back and clearly asked for a refund in my emails. If they send me a replacement, am I legally obligated to return it? Depends on state law.

If HIPAA rules are stricter than state law, which standard should you follow and why?

And what if the state law is stricter? You always follow the stricter of the two sets of laws; that way, you know both sets of laws are satisified. – XIV Amendment .. – I always went with the strictest regulation and the strictest.

IF I’M DRIVING A 20′ BOX TRUCK, is it allowed by texas state law to pull a 20′ trailer?

Yes. – ? 621.205. MAXIMUM LENGTH OF VEHICLE COMBINATIONS. (a) Except as provided by this section, a combination of not more than three vehicles, including a truck and semitrailer, truck and trailer, truck-tractor and semitrailer and trailer, or a.

In california is there a law against placing flyers on the windshield of vehicles?

Yeah you’d only really get in trouble if you distributed your flyers on Private Property. – Not a state law but there could be local governing laws about litter and stuff! – I do not know of a specific law that says flyers are.

In the state of Wisconsin, are there any laws that an employer has to give a lunch or a break in an 8 hour day

This is a state law issue or federal law, not sure and would appreciate a direct answer, not a guess. Thank you Per the Wisconsin Department of Worforce Development employers are required to give.

Is it an felony under state law in Virginia(commonweath) to trade/sell a registed handgun?If not a felony what

I traded my registed handgun. And was arrested for selling /tradeing to an felony. Like also an month atfer I traded it. An they didn’t or haven’t told me who I gave it to.But to my knowledge he’s not an felony..

Is it legal to film a visitor on a cam corder in your own home without their consent?

See the Protection from Harrassment Act 1997 and Article 8 Right to Privacy – Human Rights Act 1998 – Yes, Unless some local or state law prohibits it. – with their clothes on or off?? On business premises you must.

Is weed really legal in Denver and are their any other states that is legal?

Also what are the rules, where do you buy it, where can you smoke it.. Denver did legalize marijuana, but Colorado did not. Since state law overrules city law, it is technically still illegal. And no there are no other states where it is.

law enforcement fails to uphold a state law?

‘California state law. Any sworn law enforcement official who willingly chose and fails to uphold a state law a law is guilty of a misdemeanor. Any citizen can charge and file a complaint on any enforcement officer who does that The district attorney willfully and failing to bring charges and prosecute.

My neighbors are baiting my chickens onto thier property in order to kill them, where r the laws against that?

I live in Hawaii, so I need a Federal law or a state law, thank you :) I had them right here until old Foghorn went poo poo on it and I had to throw it away. So the.

Under the UCMJ and Air Force laws is it legal to date a person not 18 but legal by state law?

By the UCMJ a military person can date a person 16 years or older. Although also by military standards you must adhere to local/state laws. If the state age of consent is 18 the youngest you can.

What are the repossesion laws in Connecticut?

I need an answer asap please! Thanks! Check with the State Attorney General Office. Try them on the internet, under ‘Consumer Protection Division’. Every state has one, and it is their job to enforce state law with regard to credit issues. They will cover your issue for free, if you can show.

Can a state judge review constitutionality of a state law, or can only federal courts/judges can do so?

I am particularly interested in NY State. Which constitution, state or federal? State court judges can review the constitutionality of a law under state or federal constitution. Federal judges can do similarly, although they may seek the opinion of the state.

What is an Initial Pretrial Conference?

What is an Initial Pretrial Conference? I am asking in reference to Arizona state law. An Initial pretrial conference is when you bring your calender and sets lots of dates and deadlines for status conference, mediation, and evidential trial. You should discuss a gameplan with your lawyer and already have goals for settlement..

what is New york state law on property concerning reverse possession?

we own property and are rebuilding a house on it. We had a recent survey showing that our neighbor has only 14 inches of property attached to his house. There is a plant box that extends 36 inches beyond the neighbors house. We need to cut the the.

What is the approximate jail time for armed robbery?

The penalties for armed robbery are determined by state law. The penalty in California may be different than the penalty in Texas. You need to specify where you are from to get the proper answer. Also, the sentence may depend on many factors in the discretion of the judge..

what is the power of federal over state laws?

The Constitution gives congress the power to make laws. States can also pass laws specific to there jurisdiction as long as the state law does not violate federal law. In cases where there is no federal law, states are free to come up with their own. An example that.

What is the wierdest state law you have heard of/read about?

Here in UK in my hometown men can have an afternoon off work to practice the longbow. In the UK as a whole it is legal for a male to urinate in public, as long it is on the rear wheel of his motor vehicle and his.

What law requires me to have an I.D. as an American without any added circumstances – ie Driving, working etc.

I’m asking on basis of law. (Yes I understand life would be tough without identification because ‘state law’ requires it for driving / working etc). I just want to know what exact law requires me to go into a.

More State law questions please visit : LawFreeFAQ.com




By: lawfaq

State Law FAQ

December 19th, 2009

What is the approximate jail time for armed robbery?

The penalties for armed robbery are determined by state law. The penalty in California may be different than the penalty in Texas. You need to specify where you are from to get the proper answer. Also, the sentence may depend on many factors in the discretion of the judge..

what is the power of federal over state laws?

The Constitution gives congress the power to make laws. States can also pass laws specific to there jurisdiction as long as the state law does not violate federal law. In cases where there is no federal law, states are free to come up with their own. An example that.

What is the wierdest state law you have heard of/read about?

Here in UK in my hometown men can have an afternoon off work to practice the longbow. In the UK as a whole it is legal for a male to urinate in public, as long it is on the rear wheel of his motor vehicle and his.

What law requires me to have an I.D. as an American without any added circumstances – ie Driving, working etc.

I’m asking on basis of law. (Yes I understand life would be tough without identification because ‘state law’ requires it for driving / working etc). I just want to know what exact law requires me to go into a.

what roles do states have in making abortion laws?

very little because of roe v wade has made it more of a federal matter. every state law that is passed will automatically be filed against in federal court. that is part of the reason why pro life movement wants roe over turned. so that the states and the.

what’s the max that a landlord can charge for late fees?

if a tenant is past the 5 day grace period alotted by law what the maximum dollar amount that the landlord can charge for a daily late fee? It is set by state law, county law or city ordinance. Check with your county. – Here in Florida the.

When does state law supercede Federal law?

Federal law is, by virtue of the constitution, the ‘law of the land,’ meaning that it supersedes in every instance where they may pass laws covering the same issue. On things like minimum wage, it’s not really an issue of superseding; if federal law says it must be $5.15 or more,.

Where does it say in indiana state law that i have to stand for the pledge at my school?

I know i have the right not to stand but i want to print off something and give it to my teacher as proof for my right. Though I disagree with your actions, I will fight to the death to.

which law supercededs state or federal?

federal law says in order for states to receive grants for assistance with needy families that if the person who receives cash assistance from the state receives child support then the child support is waived and goes to the state. but state law says that the custodial parent has no right to waive.

wondering what the penalty is for being accused of assault on a family meber when there are no marks no eviden

Assault does not only have to be physical, it can also be administered mentally. – There are no legal ‘penalties’ for accusations. Your daddy may tan your hide regardless. – Depending on state law, assault could be.

(VT Shootings) How many people could these crazy people kill if ever one had guns?

If any of the students or faculty had been exercising their right to conceal carry under state law the killer could have been stopped before he killed that many people. Why does everyone seem to over look this. Why do people only get one.

Can states pass laws in opposition to federal laws?

This is a general question concerning the case where the state law might be passed after the federal law existed and is in exact opposition to the federal law. Also, what would the consequences be for the state and for violators of the federal law? No. The ‘Supremacy Clause’ of.

Constitution of the United States is the foundation of the laws of this country.Why state law so different?

I recently moved to a city with my family and rottwieler. Man and his children have taunted & hit my dog.Lock disapearing ect. they even stole our cat over the past winter. The police would only file one report and the.

Federal law states that it is illegal to use certain drugs (marijuana). Some states allow medical marijuana.

if the fedral govrn. wants to have the state law unconstitutional by a court what argument would the federal government make? ANY COP THAT WOULD BUST A MED MARIJUANA PATIENT IS A BOTTOMFEEDER AND A COWARD! – They would just say that.

Has the law passed that sex offenders can not live with in a 1,000 feet of a school rember i live in sidney oh

Yes, a while ago. It’s a state law. Here’s a report about the unsuccessful challenge to the law. http://publicdefender.typepad.com/public.state law – It has here, and I live in California. – I’m from.

How old do you have to be to own a Gun In the United States?

Depending on state law, by federal law 18 for a long gun, 21 for a handgun. And of course, you can’t be a druggie, an illegal, a convicted felon, or have any domestic violence issues. – To legally own a firearm you must.

I was fired for a supposed positive drug screen i need advice?

they told me that my drug screen was positive, but i never saw any paperwork on it. in iowa there is a state law that says they must send a certified letter stating results and how to protest the results. i never recieved any such letter(iowa code.

If the legal age of concent in my state is 16, why must anyone in a porno be 18 or older?

consent for private sex and consent for a public affair is two different things. plus in this matter your parents still have jursidiction over you – the money is what changes it. – You’re confusing state law.

If you commit a crime in Washington D.C. that is typically considered a state crime is it a federal crime?

Yeah I’m just curious I’m not planning to commit a crime or anything. Federal Crime, there is no state law in DC because they are not a state. However, there is a separate appeals circuit just for DC and.

If your name is on the lease, can your roomate have you removed from it or kick you out?

I am asking about this in ragards to Gergia state law only. If my roomate and I both have our names on the lease for our apartment, and my roomate is the only one paying bills (due to the fact.

In the state of Missouri, is your landlord allowed to come on the property in the house without permission?

We are paid full on rent, we never signed a lease b/c he didn’t make us ? W hat is a renter’s rights? Thanks for any help!! It might be in state law, but it usually a part of your.

Is it legal for my wife of age 20 to.?

consume alchohol in our home on our property, I am 31 and I live in Missouri, who knows this state law Whatever you do behind doors, is your own business. Have fun!! – Beyond the cradle robbing thing — no — technically she is not of legal drinking age..

Labor law- how many paid breaks do you get?

Most are mandated by state law. A general rule of thumb is 4hrs – one 10 minute break 6 hrs – one 10 minute break, 1/2 hour paid or unpaid meal break 8 hrs – 2 ten minute breaks, 1/2 hour meal break, paid or unpaid. – none -.

More State law questions please visit : LawFreeFAQ.com




By: lawfaq