By Joe Regan

Intellectual Property Law can be quite confusing at times. Copyrights, trademarks and patents all have a role in protecting your hard earned content and knowing their role is half the battle.

Intellectual property in itself refers to the creations of the mind, including such things as: artistic works, literary works, inventions, names, images, symbols, and designs used in commerce. In other words, the intellect that is the possession of an organization or an individual is considered intellectual property.

Intellectual property is divided into two categories, copyrights and industrial property.

Copyrights give the authors of an exclusive work, exclusive rights to that work for a limited amount of time. Copyrights cover such literary and artistic works as novels, poems, plays, films, songs and other musical works, artistic works (drawings, paintings, sculptures and photographs) and architectural designs. Copyrights, which must be renewed periodically, allow the creators of a piece of work, the opportunity to benefit from that piece of work.

Industrial property includes patents, trademarks, industrial designs and geographic indications of source.

Patents give the inventors of a new product, a certain (limited) amount of time in which he/she may prevent others from making, selling or using the invention without authorization.

A trademark is an intellectual property protection which is used to protect the distinctive features that distinguish one product from another. Those features can include such things as: symbols, colors, brands, names, sounds, smells, shapes, and signs.

Fortunately, Intellectual property laws benefit the creator of a property, by rewarding that creator for his/her innovation and creativity. Also, society as a whole benefits from intellectual property laws, by the fact, that these laws encourage creativity, therefore allowing the rest of us to benefit from the wide range of products and services that are produced.

Any violation of a trademark, patent or copyright could constitute the grounds for an intellectual property lawsuit. If you feel that you have been victimized it would be wise to consult a qualified attorney in your area. Find an attorney or law firm, which specializes in intellectual property law. Know your rights and protect them accordingly.

You are welcome to reproduce this article: Intellectual Property Law as long as a live link to http://www.hugesettlements.com is provided.

Article Source: http://EzineArticles.com/?expert=Joe_Regan

By Jeff Ryan

Over the course of the past 24 months, there has been an increasing emphasis on construction law and trends in construction law. Therefore, if an individual is involved in the construction business or in an affiliated industry, it is important to have a basic understanding of these construction law trends at this point in time in the 21st century. Through this article, you are provided a review of these trends.

One of the most significant trends associated with construction law in this day and age revolves around construction enterprises that are finding themselves in the position of having to deal with projects that are not being completed because of financial problems on the part of the developer. Indeed, at this point in time a record number of developments are being halted midstream due to financial problems facing the developers themselves.

In this regard, construction companies of different types - from contractors to all manner of subcontractors - are finding it necessary to cover issues relating to defaults and termination of construction projects prior to completion due to financial problems being experienced by developers.

Many developers actually are ending up in bankruptcy. Therefore, when it comes to construction law related issues, a prime concern of companies and individuals in the construction industry is being able to protect their interests in the confines of bankruptcy proceedings. Therefore, a good number of these types of construction related business enterprises are finding it imperative to engage legal representation that is well versed in the arena of bankruptcy defense and in related areas of the law.

Another significant trend in the arena of construction law at this juncture in the 21st century involves making sure the enterprises involved in the construction industry are as fully protected as possible when it comes to the contracts that they enter into with developers and other enterprises involved in the industry. Provisions in these contracts that provide adequate protection to these construction related enterprises in the event of one kind of default or another are becoming of particular concern.

Finally, when it comes to trends relating to construction law, contractors liens are becoming an even more important issue. In simple terms, these are liens that are placed on real estate when a contractor or subcontractor performs work relating to that property. These liens provide a contractor, subcontractor or other construction industry related entity at least some level of additional protection in the event that a particular project ends up on the skids for one reason or another. In theory, a contractor, subcontractor or other similar type of entity can foreclose on that lien.

Once again, as was noted previously, when it comes to legal issues and challenges facing the construction industry presently, an enterprise in this industry is well served engaging the services of an experienced attorney. In the end, the best course that a business enterprise in the construction industry can take when it comes to protecting and defending their legal interest is through the assistance of a qualified, experienced and reputable attorney.

Jeff Ryan creates quality legal articles to help you learn more about common legal issues. His portfolio spans a medley of legal topics such as personal injury, criminal, accident, malpractice and more. To research other legal topics or to view the lawyer directory to find an attorney, go to Construction Law Attorneys. Article Source: http://EzineArticles.com/?expert=Jeff_Ryan

By John Ben Lee

If you are faced with having to go through a child custody dispute, you should be familiar with the basic aspects of child custody law and have an understanding of how the process works. Unless you are fully knowledgeable, always hire a qualified child custody attorney who is good in family law.

First, there are two basic aspects relating to the custody of a child – legal custody and physical custody. Legal custody covers the responsibility and decision making regarding the child’s basic needs like for health, education and welfare. If only one parent has been given sole legal custody, then that parent can make all decisions relating to the children without consulting the other parent. Sometimes parents will be given joint legal custody and decisions will then have to be made jointly. There may be various degrees of custody depending on the individual case. For example, a parent may have legal custody, but they may also have a duty of consultation with the other parent to inform them prior to any decision being made. However, it is quite common that one parent will have the decision making authority to avoid a situation where the parties will become deadlocked and can’t reach a decision.

The other aspect of child custody law is the physical custody. This determines where the child will physically be living. Sole physical custody means the child will be primarily with one parent and will have visitation with the other parent. On the other end is true joint physical custody where the parents have equal time with the children. There may be other possibilities for physical custody.

Physical Custody is always open to disputes as each parent will want to fight for their own right first and foremost. However, the law will need to look at the best interest of the child first. However, the best interest of the child may not be easily defined in real life and what seems best to one party may not appear so to be to another party. .

The court will try to be fair to both parents but more often than not, equal time between parents is usually not possible or practical and one parent will have to make the sacrifice. I believe that parents should also accept that the needs of the child come first and not to focus only on what they themselves want. Too often parents focus only on why the other parent should not have custody and they fail to see their own shortcomings.

Emotions can run high in child custody disputes but in the end, the actual decision on each case must be based only on the facts of that case itself. Parents should avoid comparing custody cases of other people that they deem similar.

When there is an inevitable divorce, it is most important that parents work out a custody arrangement first, setting out how the parties will approach custody and visitation time with their children. Although the Courts can order a custodial arrangement, agreements reached directly between the parents will have the best chance of working out than those enforced by the Court in the event of legal disputes.

Even if you have hired an attorney, it is wise to read up regarding child custody law yourself. There are many very good books written solely for mothers and fathers in child custody cases and they are written in very easy and readable format. Check out this site.

John Lee is a lecturer and trainer that has a passion for the arts and movies. Loves traveling and sharing of new cultural experiences.

Article Source: http://EzineArticles.com/?expert=John_Ben_Lee

By Jim Power

Consumer law has been designed by the government to protect the consumers. In other words the consumer law or rights that exist protect consumer’s safety and public health. You will find that the consumer organizations have been formed to help consumers make better choices in the products they buy. Let’s look at a recent example for a moment. With trade in China many toys have come in with lead paint. This concerns the consumers as lead paint has been found to be detrimental to health. In the US regulations against the use of lead paint have been created. So for consumer law in the United States that importation of lead based products goes against the consumer laws of safety and public health. The items have of course been recalled based on the consumer law.

There are other areas where consumer law has been designed to save the consumer as well. You will find public law that regulates private law for consumers and businesses that sell goods and services. You will also find product liability, privacy rights, unfair business practices, fraud, misrepresentation, advertising law, and laws that deal with debt or credit repair are also in place for the consumer.

Some of the laws we have based on consumer law in the United States include Fair Debt Collection Practices Act, Fair Credit Reporting Act, Truth in Lending Act, and many more. Each state can also have certain consumer laws. California has the department of consumer affairs that regulates professionals and professions in the state. This means that under consumer law people and businesses are required to be fair in all consumer based companies.

The National Consumer Law Center is a nonprofit organization in the United States that regulates the countries consumer law. You will find they offer legal services, government and private attorneys, and community organization. When you seek the National Consumer Law Center you are asking for help with a consumer law. In most cases they are going to represent the injured party. The attorneys will have to take the information provided and determine if there is enough evidence for a case.

Consumer law, which is based on protecting the citizens or consumers of the nation are very important, especially when you consider technology. You will find consumer law in advertising has changed dramatically we are no longer seeing a truth in advertising, but a skirting of the truth. In order to protect a consumer against the false advertising or partially misconstrued advertising lawyers and laws have to exist.

If you are looking for a consumer law lawyer you may find the National Consumer Law Center is one place to start looking. You can also find names through referrals or checking the better business bureau online. These places will help you to find the person that is most qualified to help with your type of consumer law case. Keep in mind that a consumer law case must find unsafe products or health conditions to be considered under the consumer law title.

Jim Power is writer for the legal website abouth Consumer Law more information can be found at http://www.lawyermemo.com Article Source: http://EzineArticles.com/?expert=Jim_Power

By Mansi Aggarwal

A professional degree in Juris Doctor relates to a higher grade of studies in law. With business houses expanding in size and the legal issues gaining higher importance for day to day working of large corporates, demand for Juris Doctor professionals has been increasing. As the business interacts more with the society and their other counterparts need to resolve legal matters emerge simultaneously. All this has given an impetus to students aiming for career in law field. But a purely law background without any corporate experience may not be well accepted by business industry. Top ranked services in companies also demand a graduate in business organization along with lawyer’s degree.

As demand for combined degree in JD and business is being a preferred combination to build a rewarding career in law. Business and law schools at various places have joined hands to impart students with best career courses. At many places Law Schools providing degrees of Juris Doctor and business school providing Master in business administration present a cooperative program for the convenience of aspiring students. This opportunity to avail concurrent degrees in both fields is a stepping-stone for success of students. Students who cannot travel to different places at the same time have a best prospect of finding excellent professional training under one roof.

Surviving in the law field gets tougher from the day one tries to enter the school of law. Getting admission requires fulfilling entire formalities along with earlier creditable basic high school record, clearing the admission test for the law school and even recommendations from people. The same is applicable for business studies a student is required to prove his quantitative skills and efficiency in microcomputers to get admitted. A dedicated and hard work during the courses ensures students with excellent results which in turn to provide better career opportunities.

A law person has various prospects for different types of career that he would like to accept. Depending on his caliber and willingness to work hard a lawyer can decide upon practicing law in an exclusive law firm or he may choose to be an in house lawyer. An exclusive law firm requires an extensive knowledge of one particular area in law where as an in house lawyer is required to deal with entire aspects of legal issues that relate to the particular company in which he is involved.

While undergoing training in one of the law schools a student would learn about different aspects of law like civil law, criminal procedures, constitutional law, contracts, property, professional responsibility, basic federal income taxation, legislative and administrative interpretation and many others. The syllabus is cautiously devised to ensure that students receive exhaustive training to deal with maximum situation in the professional front. Similarly Masters Degree in Business administration imparts education in business for global society, corporate finance, managerial accounting, information resource management, strategic management, master’s project and other similar relevant courses. Anyone pursuing both law and business studies simultaneously has an advantage of studying some courses that are counted towards both degrees and hence a considerable amount of work is reduced for these students.

Mansi aggarwal writes about business laws Learn more at http://www.jdforbusiness.com

Article Source: http://EzineArticles.com/?expert=Mansi_Aggarwal

By Marcelade Vivo

This is a big question, because just the scope of this term is absolutely huge. Constitutional law essentially encompasses all the foundational laws that our country is based upon. The creation and execution of laws by the government and the scope of power and authority given to the government is regulated by constitutional law. Just as it sounds, it is based off of the tenets of a constitution and all the elements within the constitution that outline the power of the government, state and people.

For the purposes of this article, we will be discussing constitutional law in the United States and go through a brief outline of what it is and why it exists. The United States constitutional law is the body that governs the implementation and interpretation of the US constitution.

It sets forth of the terms of the Constitution and directly describes the range and use of these terms. It covers areas of law like relationships between states and the federal governments, the rights of individuals and citizens of the US and all other areas concerned with constitutional law.

Because the US constitution lays out so many rules and contains archaic language, many people argue that it is open to interpretation and not meant to be taken literally. For example, in the United Stated courts, judges are often divided by how much they stick to the constitution and how much they interpret it in different ways.

Some say a literal translation of the constitution is best, others say that the terms are far too vague to be used specifically and that the constitution should be treated more as a guideline than anything else.

All other forms of law necessarily fall under the auspices of constitutional law. Because it is so huge, there are many details to go into; enough books have been written about this type of law to render anything but a summary unnecessary. Suffice to say, constitutional law is the law that supersedes all others and one that literally determined the founding of the nation of the United States of America.

MyAbogado.com is a popular legal directory that helps users locate legal professionals across the country while providing the legal community and litigation support providers with a low cost method to market their services to other professionals and members of the public across the country. To find out more, please visit http://www.myabogado.com

Article Source: http://EzineArticles.com/?expert=Marcelade_Vivo

By Eric Morris

Immigration laws are rules which govern the immigration practices of a country. The entire practice of migration must be in accordance with the immigration laws of the country. Immigration laws are intended to conduct immigration efficiently. They were introduced to control immigration. With the September 11 attack, countries have become more vigilant about illicit entries. Most countries have taken steps to practice immigration laws more stringently.

Immigration laws are formulated according to the immigration policy of the country. Each country has different perspective on immigration. The legal experts in the country formulate the laws according to the prevailing social and economic conditions. The foreign policy of the country also reflects in the immigration laws. The immigration laws are enacted by the legislative body of the country. Separate government bodies are entrusted to practice immigration laws. Usually the department of immigration regulates the immigration law.

Immigration laws define the legal duties and rights of those migrating. The laws detail about the circumstances under which immigration must be approved. The law specifies the eligibility of the immigrant. The person, who satisfies the regulations of the immigration law, only will get approval to enter the country. The obligation of the immigrants to the country is well defined in the laws. The immigration law specifies the measures to control the illegal immigrant. The laws are periodically revised by amendments according to requirements of the prevailing situation.

The formalities in the law are usually complex, for a common man. To avoid hassles in the proceedings of immigration, it is advised to consult experts in immigration law, while planning for immigration. Some government counsels offer free consultation in immigration laws. Online clarifications on immigration law are available from some Internet sites. The authenticity of the information has to be cross checked since the law is revised regularly. Official websites for immigration will be the best choice to gather information about immigration law.

Immigration provides detailed information on Immigration, Immigration Lawyers, Canadian Immigration, Immigration Attornies and more. Immigration is affiliated with Canada Immigration Lawyers.

Article Source: http://EzineArticles.com/?expert=Eric_Morris

By Vicheka Lay

There are two legal traditions that work as foundations to all-out administration of any country in the world; these legal traditions are; civil law and common law traditions. This is one of the reasons why each country’s legal education as well as any sort of administration are not the same and also one of the reasons why we cannot reach our abstract aspiration: “the world law.” This article will reveal which tradition is easier in term of education and enforcement.

Civil law is easier than common law in both, terms of learning and enforcement, but why?

From the very outset, civil law tradition is a “writing tradition.” Writing means every law or any nationwide effective administrative rule are written down and followed by printing in hard copies (books, journals, periodicals or other media publication) and even the fastest facilities: the internet. Writing makes the learners, the fellow citizens as well as the law enforcement officials easy, because they are able to find the law anytime and anywhere (library, bookstore, newsstand home library, etc) with or without the help from the expert in the field; in contrast, I do not think this ease applies to the common law countries. Above all, civil law is not as complicated like the common law where law or decision is flexible in accordance with the case.

One of the instinctive eases of civil law is that even the person whose brain is totally white with law or any social systematic complication can understand and it is much easier for serious law students who make to clarify or deeply understand and surprisingly, for the law enforcement officials.

The fact that civil law is a written tradition does facilitate me as a law student as well as others, because most of the times I do not need the expert in the fields to explain me every encountering difficulties; everything is literally and clearly written down in the books.

Furthermore, civil law also facilitates judge in making the decision, because he or she must follow a very stern system which are already stipulated in the books. Not just the judge, all the three institution (legislative, executive and judiciary) and the fellow citizens can easily follow what stipulated in the books; this would dramatically ease the conflicts of institutional and private interests.

The case that everything is written down in the civil law traditions, reveals me that it is easier from students from common law countries to study or practice laws in civil law countries, but it is extremely hard for civil law learners or lawyers to study or practice laws in the common law traditions, because civil law is easier to learn than the common law.

This article does not intend to underestimate common law tradition or promote the image of civil law tradition, but just, based on the author’s opinion, to reveal the truth as well as other reasons why each country in one region, continent or different region and continent are still, in term of social administration, are different or very different.

I have been living in Cambodia, a civil law country, for more than twenty years, this would make me very accustomed to this system (civil law tradition), but I strongly feel that my supporting sentiment is right. What do you think? May be I am wrong, because I am not deeply familiar with the common law tradition, if it is so, let the argument begin!

Lay Vicheka is a translator for the most celebrated translation agency in the Kingdom of Cambodia, Pyramid Translation Co.Ltd.. He is now hoding other two professions: freelance writer for Search Newspaper; focusing on social issues and students' issues and Media Liaison Officer for Asia's first free on-line IELTS consultation website. Lay Vicheka is the expert author for ezine and prolific article contributor to other websites around the world such as articlecity, 365articles, spiderden, talesofasia, etc (Just google him). He is also a volunteer Cambodian-newspapers columnist (Rasmey Kampuchea and Kampuchea Thmey). Lay Vicheka has great experience in law and politics, as he used to be legal and English-language assistant to a Cambodian member of parliament, migration experience (home-based business) and in writing. He is also member of a New York-based research company. Posting address: 221H Street 93, Tuol Sangke quarter, Russey Keo district, Phnom Penh, Cambodia. Tel: 855 11 268 445, vichekalay@yahoo.com

Article Source: http://EzineArticles.com/?expert=Vicheka_Lay

By Rosanna Cooper

In the case of Chouafi v London United Busways Ltd [2005], the claimant was employed as a bus driver by the defendant company. In October 2003, he was diagnosed with severe depression and was signed off work until February 2004. He was dismissed in January 2004 on the grounds of his medical condition and complained to the employment tribunal of unfair dismissal and disability discrimination.

The Employment Rights Act 1996 provides that an employment tribunal shall not consider a complaint for unfair dismissal unless it is presented to the tribunal within three months of the effective date of termination of employment. However this three-month limitation period may be extended if the tribunal considers that in the relevant case, it was not reasonably practicable for the complaint to be presented within the three months. There are similar provisions under the Disability Discrimination Act 1995.

The tribunal decided that:-

The complaint of unfair dismissal had not been presented within the three-month time limit, pursuant to s 111 of the Employment Rights Act 1996;

The complaint of disability discrimination had not been presented within the three-month time limit, pursuant to the para 3 Schedule 3 of the Disability Discrimination Act 1995; and
Accordingly, the tribunal did not have jurisdiction to hear the claims.
The employee appealed to the Employment Appeal Tribunal ("EAT") against the decision. The EAT held that:-

Decisions on whether or not a claim would be admitted out of time, for unfair dismissal or disability discrimination, were essentially questions of facts on which the tribunal should decide based upon the evidence submitted by the parties;

The onus of proof was on the claimant to show it was not reasonably practicable to bring an action within the three-month time limit;

If the claimant failed to discharge that burden of proof, his/her case would inevitably fail;

In this case, the claimant failed to attend the hearing and provide more evidence about his mental health; and
The Tribunal was right in concluding that the employee had failed to provide an adequate explanation for filing his claim outside the time limit; and

The tribunal's decision would be upheld.

The claimant's appeal was therefore dismissed.

If you require further information contact us.

Email: enquiries@rtcoopers.com

© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Rosanna Cooper is a partner in RT Coopers Solicitors a full service law firm in London. The firm specialises in employment law including advising employers and employees on redundancies, dismissals, discrimination, grievance and disciplinary procedures, suspensions and breach of contract claim. The firm represents clients before the employment tribunal.

Contact us at enquiries@rtcoopers.com. visit our website at http://www.rtcoopers.com

Article Source: http://EzineArticles.com/?expert=Rosanna_Cooper

By Richard Lahaie

What is law?

Law can affect many aspects of our lives yet most people living in England and Wales have little understanding of the legal system that operates in these two countries. For many their main awareness comes from newspaper articles with headlines such as Murderer jailed for life, Burglar caught in the act, Young offender goes free. This type of headline appears so frequently that it is not surprising that, when law is mentioned, many people only think of the criminal law and the courts that deal with this type of case. In reality, the law covers an enormous range of situations and the legal system in England and Wales has a variety of courts and methods for dealing with different types of cases.

International & National Law

International law is concerned with disputes between nations; much of this law comes from treaties which have been agreed by the governments of the countries. National Law is the law which applies within a country: Each country will have its own national law and there are often wide differences between the laws of individual countries. This can be shown by the fact that Scotland has its own law and legal system which are quite separate from the law and legal system which operates in England and Wales. For examples, while serious criminal cases are tired my jury in both systems, the Scottish jury has 15 members and the decision can be made by a simple majority of 8-7. In contrast, the jury in England and Wales has 12 members, at least 10 of whom must agree on the decision.

Public and Private law

Within national law there is usually a clear distinction between public and private law. Public law involves the state of government in some way, while private law is concerned with disputes between private individuals or businesses. Both public and private law can be sub-divided into different categories.

Company Law

Company law is very important in the business world: It regulates how a company should be formed, sets out formal rules for running companies, and deals with the rights and duties of shareholders and directors. Employment law covers all aspects of employment from the original formation of a contract of employment to situations of redundancy or unfair dismissal. As well as these areas of private law, there are also laws relating to land, to copyright and patents, to marine law and many other topics, so it can be seen that civil law covers a wide variety of situations.

Employment

Like any business, staff are needed to keep the business alive. But what happens when this gets ugly and termination of contracts come into the picture? This is an area in law where alternative dispute resolution has long been used in the shape of ACAS (Advisory Conciliation and Arbitration Service). When any claim is filed at an employment tribunal, a copy of that claim is sent to ACAS who will then contact the two parties involved and offer to attempt to resolve the dispute without the need for the matter to go to a tribunal. ACAS has specially trained conciliation officers who have a great deal of experience of employment disputes.

If you would like more help with this guide please visit the forum

Article Source: http://EzineArticles.com/?expert=Richard_Lahaie

By Marcelade Vivo

Private international law is a sector of international law that oversees all legal entanglements that involve foreign law elements. Private international law is also referred to as conflict of laws, as international law usually trumps federal or national laws if there is conflict and the countries in question have signed an agreement to submit to an international ruling.

Private international law determines, if there is a conflict of laws, who has jurisdiction over the specific case and which laws are to be applied by the country that is given jurisdictional rights.

This type of law has been practiced by ages, and was first implemented by the Romans, who established a tribunal to reside over cases brought by foreign states that had a conflict of laws with regards to a criminal, etc. the Roman courts might decide to apply the law of one nation over both Roman law and the other nation.

Thus, private international law is largely used to settle disputes between foreign countries; however, awarding a case to one may mean a backlash from the other. Because of this, international rulings often take into consideration the reality of the situation with regards to international law, and may come to a decision that both countries legal factors are okay with.

In contrast to private international law, public international law is not concerned with conflict of laws; it is concerned with the configuration and conduct of states, international organizations and sometimes commercial industry, like a multinational corporation.

Also called the 'law of nations,' international law deals with the possession of territory, the immunity of the state and its legal responsibility in regards to its conduct with other states. It also deals with the behavior towards citizens and non-citizens within the confines of the state. This includes rights of aliens, groups, refugees, human rights violations, crimes committed internationally, applications and problems concerning nationality, and much more.

International law attempts to maintain good relations and international peace, avoid any armed conflicts where possible, maintain arms control, concerns itself with environmental issues, communications and space technology; in essence, it simply deals with every aspect of law on an international scale, from wars to the environment and everything in between.

MyAbogado.com is a popular legal directory that helps users locate legal professionals across the country while providing the legal community and litigation support providers with a low cost method to market their services to other professionals and members of the public across the country. To find out more, please visit http://www.myabogado.com

Article Source: http://EzineArticles.com/?expert=Marcelade_Vivo

By Johnette Duff

A frustrating lack of permanence plagues modern relationships. Approximately one of every two marriages ends in divorce and the average length of a marriage before divorce is only five years. Many couples today chose cohabitation over traditional marriage. What happened to the idealized family depicted in Father Knows Best, Leave it To Beaver, The Donna Reed Show and Ozzie and Harriet?

No simple answer exists to this question: our intimate relationships have been affected by the industrialization of society, urbanization, continued changes in the traditional roles of the sexes and greater economic independence for women, a rise in the percentage of the population pursuing a college education, a lessening of social pressure against couples who cohabit, the recognition of legal rights for llegitimate children, a decreasing birth rate, improved birth control methods and a longer life expectancy. All these factors contribute to our alarming divorce rate.

Is it any wonder the state ( literally, the state you live in and as, generically, any form of government) must pass laws that affect our personal relationships as we struggle for answers?

You can take opposing views of the laws in our country. One argument is that they protect society and its members, but the flip side contends they are a means of oppression. The laws that impact our intimate relationships are not necessarily harmful or intrusive in and of themselves. However, forming a relationship without a working knowledge of these laws and without considering all the ramifications can lead to situations where the end result is both.

The state's role in romantic relationships has often been justified by “public policy” interests. The term “public policy,” though vague, is used to justify laws or actions that would injure the public welfare or be contrary to public decency, sound policy and good morals.

Understanding the necessity of laws that impact on our personal relationships starts with the recognition that our society is not the first to regulate love and the law. The efforts of governments throughout history to control the couplings of its citizens illustrates why and how our own laws were created and why and how, inevitably, they will adapt as society changes.

The one form of marriage permitted under our laws is the only option for couples who want a legal relationship. Happily, the single status is only a temporary situation for most Americans. Few will stop looking for love, trust, companionship and sexual and emotional fulfillment with another person. However, couples wanting to remarry, parents with ready-made families, couples over 65 looking for companionship without legal complications, all seek answers from the same legal relationship.

Although divorce laws have undergone radical changes in our lifetimes, the marriage laws have remained relatively static. Unfortunately, because couples considering marriage have many different needs, it is not uncommon for the laws that govern marriage to conflict with these needs. Too often, couples learn too late that financial penalties come attached to the marriage license. Marriage may be the only means of forming a legal and financial relationship under the law but, for many, legal marriage simply implies that they must suffer penalties to legalize their relationship.

As traditional marriage has proven less and less capable of living up to its potential in our society, alternatives such as unmarried cohabitation have arisen. The increase in couples who choose to cohabit can be traced to the fact that the marriage laws are not meeting the needs of these citizens in forming their personal relationships. Although there are a variety of reasons why couples choose to “just live together,” financial disadvantages are a major factor.

If you are previously married and considering a remarriage, you know that the older bride or groom has different needs than the young couple entering a first marriage. The responsibilities and obligations from prior marriages, particularly when children are involved, cannot be ignored. Men and women over fifty who have minor children fight the same uphill battle as younger couples do in defining and fulfilling their obligations of visitation, custody, support, and inheritance. These problems create stress for the old family, as well as the new, upon remarriage.

Even without children, it is possible that obligations to former spouses can impact a new marriage. Older couples must consider the potential loss of private pensions, alimony, social security benefits or tax advantages because of a remarriage. Also important is the issue of inheritance of assets that may have taken a lifetime to accumulate. Older couples may want to limit their financial obligations to each other in the areas of support, medical costs, insurance, and pension benefits.

If you are a refugee from the marital wars, you learned the hard way about precautions that could have been taken the first time and should be taken the next. The happily married couple doesn't need to learn from experience; they, too, can benefit from the information in this book. If you are one of the lucky couples who has beat the odds and stayed married, we want to show you how to continue to protect and preserve your relationship...and your money. Check out loveandthelaw.com to discover what you need to know about your relationship.

About The Author

Ms. Duff has been featured on Today, Good Morning America, in The Wall Street Journal, Self, New Woman, Smart Money and Modern Maturity and has been a guest on hundreds of radio talk shows.

johnetteduff@aol.com

Article Source: http://EzineArticles.com/?expert=Johnette_Duff

By Steve Austin

According to criminal law, crimes are offences against the social order. In common law jurisdictions, there is a legal fiction that crimes disturb the peace of the sovereign. Government officials, as agents of the sovereign, are responsible for the prosecution of offenders. Hence, the criminal law "plaintiff" is the sovereign, which in practical terms translates into the monarch or the people.

The major objective of criminal law is deterrence and punishment, while that of civil law is individual compensation. Criminal offences consist of two distinct elements; the physical act (the actus reus, guilty act) and the requisite mental state with which the act is done (the mens rea, guilty mind). For example, in murder the 'actus reus is the unlawful killing of a person, while the 'mens rea is malice aforethought (the intention to kill or cause grievous injury). The criminal law also details the defenses that defendants may bring to lessen or negate their liability (criminal responsibility) and specifies the punishment which may be inflicted. Criminal law neither requires a victim, nor a victim's consent, to prosecute an offender. Furthermore, a criminal prosecution can occur over the objections of the victim and the consent of the victim is not a defense in most crimes.

Criminal law in most jurisdictions both in the common and civil law traditions is divided into two fields:

* Criminal procedure regulates the process for addressing violations of criminal law

* Substantive criminal law details the definition of, and punishments for, various crimes.

Criminal law distinguishes crimes from civil wrongs such as tort or breach of contract. Criminal law has been seen as a system of regulating the behavior of individuals and groups in relation to societal norms at large whereas civil law is aimed primarily at the relationship between private individuals and their rights and obligations under the law. Although many ancient legal systems did not clearly define a distinction between criminal and civil law, in England there was little difference until the codification of criminal law occurred in the late nineteenth century. In most U.S. law schools, the basic course in criminal law is based upon the English common criminal law of 1750 (with some minor American modifications like the clarification of mens rea in the Model Penal Code).

Types of criminal law are: Arrests and Searches, Drug Crimes, Juvenile Law, Drunk Driving / DUI / DWI , Parole, Probation, Pardons, Violent Crimes, White Collar Crimes and Military Law.

Criminal Law, please visit Free Legal Information. Article Source: http://EzineArticles.com/?expert=Steve_Austin

By David Skul

Tort law is different from the laws of contract, restitution, and the criminal law. Contract law protects the parties involved when expectations arise from promises, restitution prevents unjust enrichment and compensation for wrong doing, and criminal law punishes crimes that are so severe (like murder, rape, fraud) that society has a direct interest in preventing and dealing with them. Note that many wrongs can result in liability to both the state (as criminal activity and proceedings) and to the victims (as torts).

Tort law serves to protect an individual’s interest in their bodily security, tangible property, financial resources, or reputation. Interference with one of these interests is usually met by an action for compensation, most usually in the form of unliquidated damages. The law of torts aims to restore the injured individual to the position they were in before the tort was committed (the expectation or rightful position principle).

In most countries, torts are usually divided into three general categories: intentional torts, negligence and nuisance. Additional categories or subcategories may be recognized in other countries. Some torts are liability torts. This is when the plaintiff may recover by showing only that they suffered an injury, that caused damages, and that the defendant was responsible for causing the damages. There never a need to show the defendant's state of mind or that the defendant breached a duty of reasonable care.

Definition of a tort:

In his famous treatise, Handbook of the Law of Torts, William Prosser defined "tort" as "a term applied to a miscellaneous and more or less unconnected group of civil wrongs other than breach of contract for which a court of law will afford a remedy in the form of an action for damages."

In a limited range of cases, tort law will tolerate self-help, for example, using reasonable force to remove a trespasser. I addition, in the case of an ongoing tort, or where harm is merely suggested, the courts will sometimes grant an injunction to restrain the ongoing threat of harm.

Purposes of torts:

The law of torts assesses whether a loss that affects one person should or should not be placed upon another person. Some of the consequences of injury or death, such as medical expenses incurred, can be compensated through payment of damages. Damages may also be compensated, for non-pecuniary damages, such as pain.

The law of tort can be confusing to many, but as an informed society member we can be wary of its effects on us personally and the nation as a whole. Legal responsibilities can often become overwhelming individually or personally if proper care is not taken.

This article and one-way link advertisement provided by LinkAcquire.com

David C Skul - CEO LinkAcquire.com and Relativity, Inc is pleased to serve his clients through traffic generating articles and one way links.

Article Source: http://EzineArticles.com/?expert=David_Skul

By Luigi Frascati

No matter where you live in North America, you must have seen some humoristic vignettes depicting a not-so-trustworthy Realtor intent at selling a house to some innocent-looking couple. My favorite vignette, which still makes me chuckle today, goes back to a few years ago when I was practicing real estate at United Realty. It involved a Real Estate Agent of Pompeii Realty, briefcase in hand, in the process of selling a house to an ancient Roman couple sometimes around 100 BC . The house is overlooking Mt. Vesuvius. There is a black, threatening, ominous plume of smoke coming out of the top of the volcano, and the Roman couple looks somewhat startled when the Real Estate Agent - big smile on his face - delivers the punchline: " Plus, with a view like this what could possibly go wrong" !

What is it exactly that you do when you sign a 'contract' . The term 'contract' means a promise or a set of promises made by one person to another, which the Courts will enforce. A contract can contain a number of promises or 'terms' to be performed by either party. The person who makes the promise is called the 'promissor' and the person who can enforce that promise is called the 'promissee' . If the contract contains several mutual promises, each party will be both a promissor and a promissee. Contracts of Purchase and Sale of land and interests in land usually have lots of mutual promises. Contracts are a crucial part of every business transaction, but not nearly as much as in Real Estate. For instance, some contracts are made verbally while others are made by simply exchanging letters or even e-mails. This is not the case in Real Estate, where it is a requirement at Law that contracts be written down in usually lengthy legal forms to avoid uncertainty, ambiguity and to be binding .

A contract has seven essential elements:

Offer.

Acceptance.

Consideration

Legal Intent.

Capacity.

Legal Object.

Genuine Consent.

Each of these elements must be present for a contract to be binding and enforceable. Let's examine them individually.

OFFER

An offer is the promise made by one party to another. Save and except in Real Estate where the offer must be in writing, an offer can be made in any form. In all circumstances, however, an offer must be made in clear an unambigous terms. If more than one interpretation can be given to an offer, neither interpretation will be followed by the Courts. There are 'unilateral' and 'bilateral' offers. Offers to purchase real property are bilateral, i.e. containing the exchange of mutual promises.

An offer is not made forever. Offers can either be finalized, when all mutual promises are fulfilled. Or they can expire, if not timely accepted. Or they can be released, if one of the parties does not - or cannot - deliver on the promise. Offers can also be revoked after acceptance, unless a term of the offer stipulates that revocation is not allowed.- as it is now the case in British Columbia for offers involving land. A 'counter-offer' is simply an offer from the offeree back to the offeror. The legal effect of a counter-offer is to terminate the original offer and substitute the offer of the offeree. What this means in practicality is that if the counter-offer is not accepted, the offeree cannot try to accept the first offer unless it is tendered again by the offeror. This is a point often times neglected in Real Estate, which has caused several tears to be spilled.

ACCEPTANCE

The acceptance, like the offer, must be given in clear terms. It must be a positive act. For instance, an offer cannot state "If I don't hear from you, I will assume you have accepted". Doing nothing will never be considered legal acceptance. The rule at Law is that where an offer is required by statute to be in writing, then also the acceptance must be in writing in order for the offer to become a contract binding on both parties. Such is the case in Real Estate. An acceptance has no effect until it is communicated to the offeror. Communication can be made by 'instantaneous means' as in the case of telephone or teletype or fax communications, or e-mail or hand-delivery and by 'non-instantaneous means' such as postal mail. The Law gives the responsibility to the offeror to specify how he wants the offer to be accepted. If the offeror chooses a method like slow mail, then he assumes the risks involved in that type of service (such as misdelivery).

CONSIDERATION

For an offer and acceptance to form a contract there must be consideration or the contract must be signed under seal. Consideration is defined as 'some right, benefit or profit accruing to the promissor or some forebearance, detriment, loss or otherwise responsibility suffered by the promissee' . What this means is that the party trying to enforce the contract must have 'paid' something in exchange for the promise of the other party. Consideration must be of real value, but it does not have to be money. For example, a mutual exchange of promises is consideration per se.

LEGAL INTENTION

For a person to be bound to a contract, he must seriously intend to create legal obligations. For example, inviting a guest for dinner would normally not be considered a contract intended to create legal obligations. The Law presumes that there is legal intention in a contract involving total strangers. On the other hand, if the contract is between family members the Law presumes that there is no intention to be so bound (non arm-length transaction). However, this presumption can be reversed if there is evidence to show otherwise.

CAPACITY

Even when all the foregoing essential elements exist, a contract can still be void, voidable or illegal. A void contract is one which is deemed at Law never to have existed. A voidable contract is slightly different: it exists until it is repudiated by one of the parties. An illegal contract is one which is made for an illegal purpose, and which is therefore always void. Examples of voidable contracts are the ones made when one of the parties is an infant, i.e. a minor or under the majority age. In this case the contract can be voided by the infant. Likewise, when one of the parties is legally insane, the contract is voidable. A special case is a contract stipulated when one of the parties is a limited company or corporation. Three questions must be first answered before the contract can be enforceable: 1) whether the corporation does in fact exist and 2) whether it has the capacity to enter into the contract and 3) whether the person signing on behalf of the corporation is, in fact, the authorized signatory.

LEGAL OBJECT

Quite aside from blatantly illegal contracts such as, for examples, contracts to commit a crime or tort until recently here in British Columbia certain other types of contracts where considered illegal. For example, until the mid-80's contracts involving the sale of land made on a Sunday were deemed to be a contravention of s.4 of the Lord's Day Act(now repealed) and, thus, illegal and void. Since then, the Supreme Court of Canada has ruled that the application of s.4 - in fact the entire Lord's Day Act - is unconstitutional in that it infringes on the freedom of conscience and religion guaranteed by the Canadian Charter of Rights and Freedom.

GENUINE CONSENT

If one of the parties makes a misrepresentation or if the contract contains an inherent mistake, the contract may still not be binding. A misrepresentation is, by definition, a statement which is false and which must have induced one of the parties to enter into the contract. A misrepresentation can be innocent, negligent or fraudulent and different remedies are available to the party suffering damages because of the nature of the misrepresentation. If the representation is innocent, the party can sue for rescission of the contract. In the case of negligent or fraudulent misrepresentation, the affected party can sue for damages as well. Although misrepresentation requires a statement to be made, in Real Estate silence too can result in some form of misrepresentation. Disclosure of latent defects is one such example: failure to disclose latent defects on the part of the Seller will not, by itself, affect the consent of the parties but will have similar consequences as misrepresentation.

In the case of inherent mistake, true consent of the parties does not exist. The logic behind this notion is that the parties were negotiating for a subject matter other than the one stipulated in the contract. A specific type of mistake is sometimes referred to as 'non est factum' , Latin for 'this is not my deed' . This occurs when a person executes one form of document thinking the document is something else. Duress and undue influence both affect the genuine consent element of a contract. Duress occurs when a person is forced to enter into the contract against his will. As a result, the Courts will find the contract voidable at his option. Undue influence, on the other hand, is more subtle. Like duress it results in one party losing his free will to contract out. However it occurs more frequently when a person is in a superior or dominant position in relation to another and uses this influential position to induce the other to enter into the contract. Again, if undue influence is found, the contract is voidable at the option of the innocent party.

Luigi Frascati

luigi@dccnet.com

www.luigifrascati.com
Real Estate Chronicle

Luigi Frascati is a Real Estate Agent based in Vancouver, British Columbia. He is the author of the Real Estate Chronicle, his weblog published online. Luigi holds a Bachelor Degree in Economics and has been practising real estate for the past eighteen years

Article Source: http://EzineArticles.com/?expert=Luigi_Frascati