No need to buy expensive Law Books to Read Up on the Supreme Courts Rulings on The Constitution...
Tuesday, April 26, 2016
Monday, March 14, 2016
What Do Students Study in Law School?
What Do Students Study in Law Schools...? Well, The Law obviously...But How is that done?
1st Year Law Students study the following: Contract Law, Torts, Criminal Law, Civil Proceedure...and Property Law.
Contracts are Agreements between parties for performance of certain agreed upon things...
Torts are the law of damages for injuries to persons or property....
Criminal Law is the law of crimes against the people...
Civil Proceedure is How Courts Work...The Rules for Filing Papers and Conduct of Trials.
Property Law is the law of Real Estate & Personal Property. Deeds and Trusts
Property Law is the law of Real Estate & Personal Property. Deeds and Trusts
These five core classes last for two terms and take up most of the first year in law school...
~~~~~~~~~~~~~~~
Second Year Students study Constitutional Law, Law of Evidence, Law of Corporations & Partnerships & Law of Probate & Estates with several electives like Interpretation of Legislation, Labor Law, Administrative Law, among others.
Constitutional Law is the law of the foundation documents of government
Evidence is the law of what is and is not allowed to be considered in trials as proofs.
Corporations & Business Partnerships are Law of How Businesses are organized & managed from a legal viewpoint...
Probate & Estate Planning are Law of Wills, Trusts and Intestate Succession if No Will is Made...
Third
Year is mostly elective classes which allows some degree of
specialization...Trial Practice, Seminars on Various Topics & of
course preparation for taking dreaded Bar Exam...
Ultimately this course of study leads to taking the bar exam and admission to the bar...
Wednesday, March 2, 2016
How to Beat a Drunk Driving Case..
Drunk Driving is among the Worst Traffic Tickets a Person can Get... But It Doesn't have to be a Disaster.
Most Drunk Drivers Don't have accidents. If they are careful when Sober they are likely careful when slightly intoxicated. But the Law makes no distinction between careless and cautious drivers...
Drunk Driving is USUALLY Plea Bargained Down to Impaired Driving or some lesser offense which has fewer "points" and is not as destructive to the life of the driver ticketed...
These "Deals" are routine and don't often require a Lawyer to Get. Of course Lawyers make Good Money off Drunk Driving Tickets even though they know they end in "plea deals" 90% of the time.
So If charged with Drunk Driving talk with the prosecuting attorney before you go to court about a possible "Plea Deal" At your First Hearing Always "Stand Mute" which preserves your "Technical Defenses" in case there is a flaw in the writing of the ticket... Never Plead Guilty at Arraignment ..You can get a better deal later.
Now if you are a second offender your options are less. You can get a second offense "Impaired Driving" but the fines and costs will be higher... At least consult an attorney on second offense cases.
Some people who suddenly start getting Drunk Driving Tickets are becoming problem drinkers and will be referred to AA for observation.
The best rule of thumb for drinking is limit yourself to 3 beers in 3 hours...Have a designated driver or Walk Home!
A Drunk Driving Ticket can be plead down in most cases... But Its never a good thing to have on your record.
Most Drunk Drivers Don't have accidents. If they are careful when Sober they are likely careful when slightly intoxicated. But the Law makes no distinction between careless and cautious drivers...
Drunk Driving is USUALLY Plea Bargained Down to Impaired Driving or some lesser offense which has fewer "points" and is not as destructive to the life of the driver ticketed...
These "Deals" are routine and don't often require a Lawyer to Get. Of course Lawyers make Good Money off Drunk Driving Tickets even though they know they end in "plea deals" 90% of the time.
So If charged with Drunk Driving talk with the prosecuting attorney before you go to court about a possible "Plea Deal" At your First Hearing Always "Stand Mute" which preserves your "Technical Defenses" in case there is a flaw in the writing of the ticket... Never Plead Guilty at Arraignment ..You can get a better deal later.
Now if you are a second offender your options are less. You can get a second offense "Impaired Driving" but the fines and costs will be higher... At least consult an attorney on second offense cases.
Some people who suddenly start getting Drunk Driving Tickets are becoming problem drinkers and will be referred to AA for observation.
The best rule of thumb for drinking is limit yourself to 3 beers in 3 hours...Have a designated driver or Walk Home!
A Drunk Driving Ticket can be plead down in most cases... But Its never a good thing to have on your record.
Sunday, November 29, 2015
Gilbert Law Summaries ~ Best Way to Get Overview of Law
The Gilbert Law Summaries Series as been popular for Years with Law Students seeking an overview of certain law subjects...
They are still available on Amazon at this Link:
http://www.amazon.com/s/ref=nb_sb_noss_2?url=search-alias%3Daps&field-keywords=gilbert+law+summaries&rh=i%3Aaps%2Ck%3Agilbert+law+summaries
They are still available on Amazon at this Link:
http://www.amazon.com/s/ref=nb_sb_noss_2?url=search-alias%3Daps&field-keywords=gilbert+law+summaries&rh=i%3Aaps%2Ck%3Agilbert+law+summaries
Tuesday, May 12, 2015
Consider a Life Estate to Transfer Property Outside of Probate
The use of a Life Estate for Real Estate~Transfers the Property outside of Probate and Protects Heirs in case a Widowed Parent Remarries in Later Life... Act of Remarrying can seriously change how an estate is distributed...Much to the dismay of adult children from prior marriages.
There are no Dower Rights in the Life Estate So the "New Wife" has no claim to the Property...which is really only a "Life Lease" on the Property ending at Death...
A Life Estate has to be established before Death or Any Remarriage and there are several scenarios where it can be a disadvantage, For Example if your child Goes Bankrupt before you Die...So Consult your Attorney or Accountant for these situations...
Some states allow a "Lady Bird Deed" which gives even more freedoms to transfer property before death to Grantor
But be advised that Attorneys Love to Set Up Wills and Trusts because they pay bigger fees...
Whereas a Life Estate is set up with a simple & cheap warranty deed... So Don't Be Talked into a Will or Trust if you don't need one...
State Laws differ so some research or advice is recommended...
There are no Dower Rights in the Life Estate So the "New Wife" has no claim to the Property...which is really only a "Life Lease" on the Property ending at Death...
A Life Estate has to be established before Death or Any Remarriage and there are several scenarios where it can be a disadvantage, For Example if your child Goes Bankrupt before you Die...So Consult your Attorney or Accountant for these situations...
Some states allow a "Lady Bird Deed" which gives even more freedoms to transfer property before death to Grantor
But be advised that Attorneys Love to Set Up Wills and Trusts because they pay bigger fees...
Whereas a Life Estate is set up with a simple & cheap warranty deed... So Don't Be Talked into a Will or Trust if you don't need one...
State Laws differ so some research or advice is recommended...
Wednesday, December 10, 2014
What is the Hearsay Rule?
The Hearsay Rule is a rule of Evidence in a Trial Court that says you can not admit the statement of someone who is not subject to cross examination as to FACTS of the Case...
For Example: The Classic "John Said: 'It was Green'..." If John is not testifying there is no way to examine him about truth of that statement...So that testimony is Hearsay and not admitted as evidence to prove the case...
There are many "Exceptions" to the Hearsay Rule that Developed under Common Law...Click Here for Link giving a List of Exceptions.
There are so many exceptions that the Rule has been said to be like a Swiss Cheese..!
Most of the Exceptions involve situations where the fact admitted is so obvious or important that not admitting it would be unfair...
Nowadays Hearsay is defined by the State Rules of Evidence... Each State may be different and the old Common Law Rules may not apply.
For Example: The Classic "John Said: 'It was Green'..." If John is not testifying there is no way to examine him about truth of that statement...So that testimony is Hearsay and not admitted as evidence to prove the case...
There are many "Exceptions" to the Hearsay Rule that Developed under Common Law...Click Here for Link giving a List of Exceptions.
There are so many exceptions that the Rule has been said to be like a Swiss Cheese..!
Most of the Exceptions involve situations where the fact admitted is so obvious or important that not admitting it would be unfair...
Nowadays Hearsay is defined by the State Rules of Evidence... Each State may be different and the old Common Law Rules may not apply.
Thursday, November 28, 2013
What is difference between Federal and State Courts...
Federal Courts are limited to issues involving Federal Laws passed by the US Congress under the Constitution...
Also cases where State Courts violated Federal Laws or the US Constitution.
State Courts deal with the old style Common Law.
State Courts are courts that deal with recognizable crimes like Murder, Robbery, Assault, and other Crimes that you might read about in Mystery Novels.
State Courts are also charged with hearing Civil Cases arising between individuals in their state...involving Contracts, Torts, which are cases about injury or damage to persons or property...
State Courts also handle Suits concerning Real and Personal Property....
Crimes in Federal Court usually involve "Federal Questions" or "Crossing State Lines"... so they are very limited in scope
Federal Crimes have Odd Names that you probably won't find in old Mystery Stories...
Therefore, Federal Crimes are NOT the place average street criminals end up...except in very rare cases...
For Example Stealing from the Mail, Assaulting a mail delivery person... or violating Federal Liquor or Drug Laws...passed under authority of the US Commerce Clause
The Interstate Commerce Clause has been used to greatly expand Federal Crimes into areas that in the old days would have been handled in the State Common Law Courts...
For example Civil Rights under the US Constitution...are Federal issues...not necessarily State Issues.
Federal Courts have jurisdiction over cases where parties are from different states and the value of the case exceeds a certain amount...
Federal Courts also have jurisdiction over "Navigable Waters"...which can be a small Creek at times... Navigable often being liberally defined
State Courts have Concurrent Jurisdiction over Federal Law where the case does not qualify for a Federal Court filing...which usually requires parties from Different States and a Dollar amount in excess of a set amount...or a serious "Federal Law Question"...
So State Courts are Common Law Courts...for old style Criminal and Civil Law
And Federal Courts are specialized courts to handle only issues that Congress has Constitutional Authority to regulate...Either expressly under the Constitution or Bill of Rights... Or from the decades long expansion of the Interstate Commerce Clause...
Also cases where State Courts violated Federal Laws or the US Constitution.
State Courts deal with the old style Common Law.
State Courts are courts that deal with recognizable crimes like Murder, Robbery, Assault, and other Crimes that you might read about in Mystery Novels.
State Courts are also charged with hearing Civil Cases arising between individuals in their state...involving Contracts, Torts, which are cases about injury or damage to persons or property...
State Courts also handle Suits concerning Real and Personal Property....
Crimes in Federal Court usually involve "Federal Questions" or "Crossing State Lines"... so they are very limited in scope
Federal Crimes have Odd Names that you probably won't find in old Mystery Stories...
Therefore, Federal Crimes are NOT the place average street criminals end up...except in very rare cases...
For Example Stealing from the Mail, Assaulting a mail delivery person... or violating Federal Liquor or Drug Laws...passed under authority of the US Commerce Clause
The Interstate Commerce Clause has been used to greatly expand Federal Crimes into areas that in the old days would have been handled in the State Common Law Courts...
For example Civil Rights under the US Constitution...are Federal issues...not necessarily State Issues.
Federal Courts have jurisdiction over cases where parties are from different states and the value of the case exceeds a certain amount...
Federal Courts also have jurisdiction over "Navigable Waters"...which can be a small Creek at times... Navigable often being liberally defined
State Courts have Concurrent Jurisdiction over Federal Law where the case does not qualify for a Federal Court filing...which usually requires parties from Different States and a Dollar amount in excess of a set amount...or a serious "Federal Law Question"...
So State Courts are Common Law Courts...for old style Criminal and Civil Law
And Federal Courts are specialized courts to handle only issues that Congress has Constitutional Authority to regulate...Either expressly under the Constitution or Bill of Rights... Or from the decades long expansion of the Interstate Commerce Clause...
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