Posts Tagged ‘Legal Remedy’

Common law questions and answers

December 29th, 2009

Minnesota common law- How many years do you have to live together before the state considers you married?

hate to tell you this, but common law marriage is not recognized in Minnesota – only 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).

free legal advice?

MY ex husband and father of my children died in 2006. he lived 20 years common law. i have no idea if had a will but the kids were short changed on any fincial gained by his common law wife. are they entitled to any inheritance? shortly before he died he had won about $ 30.

New rules for co-habitees?

New laws giving rights of money/property to non-married couples Not yet I’m afraid. There is still no such thing as common law. As a partner there are no rights to the other partner’s money belongings or property. It goes to the next of kin, unless the will specifies otherwise. The next of kin then has.

What exactly is ‘common law’? is it just for the proletariat or can rich people use it too?

Common Law/common law (the capitalisation is important here) has two seperate meaning. Common Law with capitalisation is the term for describing a legal system, and it is one of the family of legal systems. The most famous example of a.

What is a tortfease?

I have seen term used in common law and hand rule concerning punitive damages?? Do you mean Tortfeasor? A tortfeasor is a person or entity who commits a tort. Torts are civil wrongs, as opposed to criminal offenses, for which there is a legal remedy for harm caused. Tort law is law created through judges.

What is English Common Law?

I’ve read a lot about it lately, but I don’t understand what it means. How is it different between other legal systems? Ex) I read Hong Kong has retained Common Law, and not adopted the Chinese Legal System. What’s the difference? The essence of English common law is that it is made by judges.

Where do I start for spousal support & child support in texas??

Spousal support is very difficult to get in Texas. We have no long term alimony and only have spousal support in very limited circumstances. It has to be in a decree of divorce. If you were never cerminonially married and can’t prove common law marriage you.

Who would be the next of kin?

Is an adult child the next of kin to a deceased mother, or is the deceased person’s parents the next of kin? In most contemporary common-law jurisdictions, the law of intestacy is patterned after the common law of descent. Property goes first to a spouse, then to children and their descendants; if.

Do I need to file for custody if we are not legally married?

Me and my boyfriend have two kids (7 years old and 18 months old), we’ve been together for 8 years but we never got married. Maryland does not recognize the ‘common law’, and the little assets we have I am sure there will not be a.

Do you foresee Sharia law being an effective replacement to English common law when it becomes the US law?

Sharia law couldn’t even come close to the equality level of English common law. Granted, English common law is not perfect, but at least it doesn’t allow insane, ignorant thugs complete control of our government. There may be a.

Felony and expungment in SC?

We live in SC. My common law hushand has 2 felonies he wants to get expunged, one of them is with possision of meythampitames this happened in 95. Plus a assluat and battery w/ intent to kill or assluat and battery w/ intent he was in jail for 6-9 months and had 2or 3.

If the partner dies intestate, do common-law spouses inherit anything?

Yes, after about 6 months of living together, I believe common-law spouses are considered no different than married spouses. – It depends on if your state recognizes common law partnerships. – This is a state issue, and only your state laws will dictate the outcome. See a lawyer.

So you think you own your freehold .Really.?

according to the history books and various other references,All land wether purchased or not,belongs ultimately to the crown. All property and land eventually returns to the crown under the term escheated. Is this correct , Any legal beavers out there. Under English common law, all land originally belongs to the crown.

The authority for the judicial branch in a state to make up procedural rules comes from?

A. its state constitution, statutes, or the judicial branch itself. B. the power of the court to control its proceedings. C. the evolving American common law. D. acts of the U.S. Congress or Senate. A – A,B and C – b Feels like.

What is the difference between the US and the UK?

*LAW wise*. *not* politics or who is better. I’d just like to know the difference in the laws, please. The basics of the legal system aren’t all that different. The UK is built on English ‘common law,’ which is basically the collective term for the rights, procedures, and case.

What is the legal statis of people male & female co-habiting?

There are certain stipulations to qualify for common law other than just living together as well as a timeline (for my state it’s 6 months). You can be roommates but if you don’t represent yourselves publically as a couple then common law does not apply. There are.

What laws came before the United States Constitution?

When the original states were colonies, there were three sources of law — the common law (judicial decisions), statutes passed by the British Parliament, and each colony had local laws. After the colonies broke away and became states, most states passed a reception statute (a statute which adopted the common.

Where can I find general info on sentencing policies for various offences in Scotland/England?

The law regarding sentencing is quite complicated. You would need access to a good Criminal law practitioner’s textbooks because the general info is not necessarily how the courts apply the law in practice. There is also a lot of common law. A good start.

Your a lawyer, and you must argue whether or not a new state statute is constitutional.?

A. federal codes. B. the U.S. Constitution. C. the state constitution. D. common law. Well since you seem to be arguing the constitutionality of a new state statue, you can only argue on the State or US Constitution. Federal codes and common law.

How does a dual UK-USA citizen go about changing his name?

I’m a dual UK-USA citizen and am curious to know how one can go about changing one’s name. I have an American and a British passport. I know that theoretically, all Americans have the right to change their names at will, and in England common law allows you.

British constitution is what happens.discuss.?

this is my tutorial question.i dont know what it means.pls help,thanks. The UK constitution is not a codified one, meaning that it is not listed in one single document. It’s based upon constitutional conventions, Parliamentary statutes, common law and works of authority. – Maybe if you used normal English when discussing a question about.

Business Law Question?

1. The question that are asked for prospective jurors, to determine if they are biased toward or against either the plaintiff or defendant, are referred to as ??nterrogatories./F State your reason. 2. Ashley and her boyfriend live together in Washington for seven years. They will now be considered legally married under the common law of.

arbitration?

I have won my case against my ex-boyfriend..his attorney and him are basically dropping their claim against me that we are common law married..which is just the best thing that has happened to me in a long time. now we will go through arbitration for the house to be sold and who gets what money out of it..

how is road defined in england and wales?

By a road I presume you mean highway. Historically, a highway is any path that members of the public had the right to pass and re-pass along. Unfortunately the Highways Act 1980 which is basically built up from a long history of the common law does not give a definition.

how long do you have to live with a person before considered common law marriage in the state of texas?

There is no time constraint in Texas. Click the link and then look for the question ‘What makes a common law marriage?’ Only three criteria are listed, and period of co-habitation is not considered. There are also some.

Does anyone know if a person living with a nother person for 30 years can collect benifits.never married nys.

We were living togeather 30 years I know common law wife is not recognized in nys, but is there a clause were one can collect servivors benefits with the social security. Only if the policy has a domestic partner’s clause.

Does California believe in common law marriages?

California believes in them. But California does not recognize them as valid in California. The only way California recognizes them as valid is where they were valid in some other state, and the people in question became married through common law rules in that other state. ~~~~~~~~ No. If you have.

Does state of nj have comman law marriage law?

does state of nj have comman law marriage law? New Jersey abolished common law marriage in 1939. New Jersey Statutes 37:1-10. Common law and other marriages without license; validity Nothing in this chapter shall be deemed or taken to render any common law or other marriage, otherwise lawful, contracted before.

Explain the different between common law and statute as source of law(could you please add example)?

check with your state. – common law is *Scottish law – Statutes are laws passed by a legislature. They are typically prospective — meaning they are broad and general, and forward-looking. Common law refers to the interpretations of laws as made by.

In California, what is the legal age that a minor can stay home alone?

Not a ‘common law’, it is California statute. ‘Every parent of any child under the age of 14 years.who deserts such child in any place whatever with intent to abandon it, is punishable.’ The word ‘abandon’ as used in Penal Code sections 270, et.

Is Arizona a ‘Common Law Negligence’ state or a ‘No-Fault Negligence’ state?

thanks I’m not sure what you mean? You’re kind of vague. Common law is not the opposite of No-fault, when it comes to legal definitions. Common law refers to laws made on previous cases decided on by judges. The opposite of common law is Statute law. The.

More Common law questions please visit : LawFreeFAQ.com




By: lawfaq

Common law Questions and Answers

November 15th, 2009

Minnesota common law- How many years do you have to live together before the state considers you married?

hate to tell you this, but common law marriage is not recognized in Minnesota – only 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).

free legal advice?

MY ex husband and father of my children died in 2006. he lived 20 years common law. i have no idea if had a will but the kids were short changed on any fincial gained by his common law wife. are they entitled to any inheritance? shortly before he died he had won about $ 30.

New rules for co-habitees?

New laws giving rights of money/property to non-married couples Not yet I’m afraid. There is still no such thing as common law. As a partner there are no rights to the other partner’s money belongings or property. It goes to the next of kin, unless the will specifies otherwise. The next of kin then has.

What exactly is ‘common law’? is it just for the proletariat or can rich people use it too?

Common Law/common law (the capitalisation is important here) has two seperate meaning. Common Law with capitalisation is the term for describing a legal system, and it is one of the family of legal systems. The most famous example of a.

What is a tortfease?

I have seen term used in common law and hand rule concerning punitive damages?? Do you mean Tortfeasor? A tortfeasor is a person or entity who commits a tort. Torts are civil wrongs, as opposed to criminal offenses, for which there is a legal remedy for harm caused. Tort law is law created through judges.

What is English Common Law?

I’ve read a lot about it lately, but I don’t understand what it means. How is it different between other legal systems? Ex) I read Hong Kong has retained Common Law, and not adopted the Chinese Legal System. What’s the difference? The essence of English common law is that it is made by judges.

Where do I start for spousal support & child support in texas??

Spousal support is very difficult to get in Texas. We have no long term alimony and only have spousal support in very limited circumstances. It has to be in a decree of divorce. If you were never cerminonially married and can’t prove common law marriage you.

Who would be the next of kin?

Is an adult child the next of kin to a deceased mother, or is the deceased person’s parents the next of kin? In most contemporary common-law jurisdictions, the law of intestacy is patterned after the common law of descent. Property goes first to a spouse, then to children and their descendants; if.

Do I need to file for custody if we are not legally married?

Me and my boyfriend have two kids (7 years old and 18 months old), we’ve been together for 8 years but we never got married. Maryland does not recognize the ‘common law’, and the little assets we have I am sure there will not be a.

Do you foresee Sharia law being an effective replacement to English common law when it becomes the US law?

Sharia law couldn’t even come close to the equality level of English common law. Granted, English common law is not perfect, but at least it doesn’t allow insane, ignorant thugs complete control of our government. There may be a.

Felony and expungment in SC?

We live in SC. My common law hushand has 2 felonies he wants to get expunged, one of them is with possision of meythampitames this happened in 95. Plus a assluat and battery w/ intent to kill or assluat and battery w/ intent he was in jail for 6-9 months and had 2or 3.

If the partner dies intestate, do common-law spouses inherit anything?

Yes, after about 6 months of living together, I believe common-law spouses are considered no different than married spouses. – It depends on if your state recognizes common law partnerships. – This is a state issue, and only your state laws will dictate the outcome. See a lawyer.

So you think you own your freehold .Really.?

according to the history books and various other references,All land wether purchased or not,belongs ultimately to the crown. All property and land eventually returns to the crown under the term escheated. Is this correct , Any legal beavers out there. Under English common law, all land originally belongs to the crown.

The authority for the judicial branch in a state to make up procedural rules comes from?

A. its state constitution, statutes, or the judicial branch itself. B. the power of the court to control its proceedings. C. the evolving American common law. D. acts of the U.S. Congress or Senate. A – A,B and C – b Feels like.

What is the difference between the US and the UK?

*LAW wise*. *not* politics or who is better. I’d just like to know the difference in the laws, please. The basics of the legal system aren’t all that different. The UK is built on English ‘common law,’ which is basically the collective term for the rights, procedures, and case.

What is the legal statis of people male & female co-habiting?

There are certain stipulations to qualify for common law other than just living together as well as a timeline (for my state it’s 6 months). You can be roommates but if you don’t represent yourselves publically as a couple then common law does not apply. There are.

What laws came before the United States Constitution?

When the original states were colonies, there were three sources of law — the common law (judicial decisions), statutes passed by the British Parliament, and each colony had local laws. After the colonies broke away and became states, most states passed a reception statute (a statute which adopted the common.

Where can I find general info on sentencing policies for various offences in Scotland/England?

The law regarding sentencing is quite complicated. You would need access to a good Criminal law practitioner’s textbooks because the general info is not necessarily how the courts apply the law in practice. There is also a lot of common law. A good start.

You’re a lawyer, and you must argue whether or not a new state statute is constitutional.?

A. federal codes. B. the U.S. Constitution. C. the state constitution. D. common law. Well since you seem to be arguing the constitutionality of a new state statue, you can only argue on the State or US Constitution. Federal codes and common law.

How does a dual UK-USA citizen go about changing his name?

I’m a dual UK-USA citizen and am curious to know how one can go about changing one’s name. I have an American and a British passport. I know that theoretically, all Americans have the right to change their names at will, and in England common law allows you.

British constitution is what happens.discuss.?

this is my tutorial question.i dont know what it means.pls help,thanks. The UK constitution is not a codified one, meaning that it is not listed in one single document. It’s based upon constitutional conventions, Parliamentary statutes, common law and works of authority. – Maybe if you used normal English when discussing a question about.

Business Law Question?

1. The question that are asked for prospective jurors, to determine if they are biased toward or against either the plaintiff or defendant, are referred to as “interrogatories.?T/F State your reason. 2. Ashley and her boyfriend live together in Washington for seven years. They will now be considered legally married under the common law of.

arbitration?

I have won my case against my ex-boyfriend..his attorney and him are basically dropping their claim against me that we are common law married..which is just the best thing that has happened to me in a long time. now we will go through arbitration for the house to be sold and who gets what money out of it..

how is road defined in england and wales?

By a road I presume you mean highway. Historically, a highway is any path that members of the public had the right to pass and re-pass along. Unfortunately the Highways Act 1980 which is basically built up from a long history of the common law does not give a definition.

how long do you have to live with a person before considered common law marriage in the state of texas?

There is no time constraint in Texas. Click the link and then look for the question ‘What makes a common law marriage?’ Only three criteria are listed, and period of co-habitation is not considered. There are also some.

Does anyone know if a person living with a nother person for 30 years can collect benifits.never married nys.

We were living togeather 30 years I know common law wife is not recognized in nys, but is there a clause were one can collect servivors benefits with the social security. Only if the policy has a domestic partner’s clause.

Does California believe in common law marriages?

California believes in them. But California does not recognize them as valid in California. The only way California recognizes them as valid is where they were valid in some other state, and the people in question became married through common law rules in that other state. ~~~~~~~~ No. If you have.

Does state of nj have comman law marriage law?

does state of nj have comman law marriage law? New Jersey abolished common law marriage in 1939. New Jersey Statutes 37:1-10. Common law and other marriages without license; validity Nothing in this chapter shall be deemed or taken to render any common law or other marriage, otherwise lawful, contracted before.

Explain the different between common law and statute as source of law(could you please add example)?

check with your state. – common law is *Scottish law – Statutes are laws passed by a legislature. They are typically prospective — meaning they are broad and general, and forward-looking. Common law refers to the interpretations of laws as made by.

In California, what is the legal age that a minor can stay home alone?

Not a ‘common law’, it is California statute. ‘Every parent of any child under the age of 14 years.who deserts such child in any place whatever with intent to abandon it, is punishable.’ The word ‘abandon’ as used in Penal Code sections 270, et.

Is Arizona a ‘Common Law Negligence’ state or a ‘No-Fault Negligence’ state?

thanks I’m not sure what you mean? You’re kind of vague. Common law is not the opposite of No-fault, when it comes to legal definitions. Common law refers to laws made on previous cases decided on by judges. The opposite of common law is Statute law. The.

More Common law questions please visit : LawFreeFAQ.com




By: lawfaq

Why You Really Do Need To Keep Records In Lemon Law Cases

November 6th, 2009

If you think your car might be a “lemon,” start by doing a quick checklist of the problems.

So, if your car makes odd noises, but otherwise drives just fine, you might not have a car that falls under your state’s Lemon Law. But, if you are having major problems, like with the engine, drive axle, brakes, steering or radiator, you might want to start a paper trail. You could have a lemon.

With any issues you might be having, check your car service contract first. Give the manufacturer an opportunity to make repairs or corrections – this can be up to 3 or 4 attempts to fix a problem. At this point, a Lemon Law attorney may not be required.

However, if you are experiencing major defects with your car, the most important thing you can do is keep all receipts and records concerning your vehicle. Be sure you have a copy of the car warranty in a safe place. Keep all receipts concerning repairs that have been made to your vehicle. You might also want to consider keeping a log or notebook that contains all of this relevant information, including the number of days as a running tally that it was kept in the shop for a related problem. Start to research the Lemon Law in your state.

You may also want to research whether any ‘service bulletins’ have been issued for your make and model of car (this can be accomplished with a simple Google search). Do your homework, copy any information you find and put it in your notebook. Keep logs, as you may need this information later on in the event that you need to make a claim under your state’s Lemon Law.

In most states, the Lemon Law provides a legal remedy for customers who purchase a car that turns out to be a lemon. Dealers are required to give you a written car warranty under which a dealer must put right, free of charge, any defects in covered parts. In some cases, the dealer may have the option to reimburse you for the sensible cost of repairs; check your car service contract to see if this applies to you.

But if your car needs excessive repairs, start researching the Lemon Law statutes in your state. Many problems during the car guarantee period may not constitute a defect, but one major defect might be a breach of the Lemon Law. Note the dates of all repairs to your car in a notebook, and how long your car was “in the shop” and “off the road.” Make the receipts for repairs in a safe place. At this point you may want to look into finding a Lemon Law attorney in your state.

If you think you might be driving a lemon, gather up all of your paperwork. Become familiar with your state’s Lemon Law statute. Compile a list of Lemon Law attorneys. Check with the Attorney General’s office in your state for more information on the precise statutes.

Besides the car warranty, be sure you have each and every work order performed on your car, as well as any service bulletins issued that may relate to the problem or problems you’re having. Nearly every Lemon Law statute will include a list of records that are important to keep. Any reports or correspondence you’ve received from the dealer will also be important in case you decide to file a claim under your state’s Lemon Law.

It is a long paper trail, but if kept effectively, you will know rather quickly whether you are dealing with a chronically ‘sick’ car, or just normal car repairs.




By: Charles Stubbs