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

Why is it when people ask legal questions, they don’t mention what state they are talking about?
Different states have different statutes and case law. Often, people don’t realize the laws vary from state to state. Other things askers often don’t know: the difference between civil and criminal proceedings, that laws of the federal government and laws of the.

Any case law relevant to a student getting contributions to student fees from an absent father?
my son is ready to start university and my peppercorn maintenance is due to end. Is my son legally entitled to a contribution towards university fees and lodging? He has applied for loans for fees and accomodation and I am going to help.

Are there statues of limitations on Arbitrator misconduct?
Thirty days in my state, but an arbitrator’s decision can only be overturned for fraud. This piqued my interest, so I checked NY case law. In Liebowitz v. City of New York, a 2000 case, the time limit was 30 days. However, there were statements in that opinion that make.

Does case law work if the case law I find is for a different state?
Let’s say there is no case law in Wisconsin regarding the use of Laser (in regards to the police using it to determine your speed); however, there is case law on this topic in a different state. Case I use case law from another.

How can I locate a case law that is currently being use in the state for Georgia?
I have a friend who claims he won a million dollars law against a company he worked for. The case was on discrimation. He says it is now being refer as a case law in Gerogia. I don’t have any other information.

Employment Law?
My company is in the process of disciplining (formally) one of our staff for various braches of policy?? and procedures, this under normal circumstances would be reasonable however this person is suffering from some from of mental illness, is their any case law or statue to prevent them taking this action Thanks Employment law varies tremendously from.

In a civil equity case involving a noncompete, why do judges ask for memorandum of law and case law?
Is this how they make their decisions and see who proved their case. It makes their job easier. If they have memoranda of law from both parties, it means that their law clerks do not have to do as much.

Is it possible to beat Governmental Immunity in Michigan with the Attractive Nuisance law?
I agree that you need to check with a Michigan attorney. I checked Michigan case law on Lexis-Nexis and it appears that the local governments are immune from suit on attractive nuisance. There seems to be some undefined ‘special circumstances’ in the most recent.

Is there an index of case law which lists the lawyers in the cases?
Where can you go to find out which lawyers have expertise in a special area of law and look up the cases they won? Martindale-Hubbell, http://www.martindale.com/case law is a good place to start. Looking up cases that a lawyer has won may not.

federal case law?
I need to find this case citation; 549 F.2nd 97, 105 it’s a 1976 case I need the case summary and findings Ramirez, Leal & Co. v. City Demonstration Agency 549 F.2nd 97 (9th Cir.1976). The plaintiffs in Ramirez were a Latino accounting firm that was overlooked in its bid to obtain a contract through a.

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Do you need to be a lawyer to file a motion to suppress evidence?
No, but you better be very well versed and reseached on case law. – No, in much the same way that you don’t need a surgeon to remove your appendix. You can do it yourself, it’s just likely to be very messy, and you.

How do I find housing case law?
I am writing a report about housing issues (ie, homelessness, right to repair, ending a tenancy) and I need to back up my report with the appropriate case law. Please can anyone advise me of any website I can use for help? The Shelter site is a good resource, but not sure.

Lawyers Dishonest?
I’m interested in the law. I’m in college and I’m interested in becoming a lawyer, but everyone tells me its only a profession for liars. Is lawyering really a dishonest profession? I agree, there is no more dishonesty in the profession of law than in any other field. (Read case law and jury verdicts.) The study and.

Should the British Judiciary be made accountable for their actions?
Should Judges be named and shamed For wrong Decisions? Much depends on what is accepted as a ‘wrong decision’. There are all sorts of legal, philosophical, economic and sociological arguments in favour of and against decisions. You can say a decision is descriptively contrary to case law or normatively.

How the lawyers prepare their cases?
what documents,speech or whatver they use to be ready at the court. Their paralegals prepare their cases, they just give them the go ahead and the paralegals do all of the research for the case law and then the attorney gets it and makes the questions up that they will need to have.

I want to emigrate but need childs fathers consent, show me case law where this has been approaved?
Has anyone had this problem, are there cases that have gone to court that i can study? Where’s your manners?? Say please! – This sort of issue is most likely covered by statute rather than case law. – I hate to.

Is it a federal or state offense when someone makes phone threats across state lines?
and what is the federal or state statutes that covers this if someone phones another person across state lines and threatens them? where do you find more legal case law on this and statutes No, it is not federal at all. it is a.

Is there a lawsuit relating to someone being injured in a public park?
Yes, there are. If you amend your question to list the name of your state, I may be able to give a case. We have plenty of public park cases in my state’s case law and you probably do, too. EDIT: Grace, go to my.

Is there any website throug which we can refer to cases of courts?
Access to SCC AIR HC Check this website http://judis.nic.in/scwelcome.htm.case law – i think ,just click district high court – Potentially, yes. But it depends on what you are looking for. Are you looking for case law or just trying to figure out what happened.

Whats the case law for the defence of parking on yellow lines that have no end lines?
Am appealing against a parking ticket issued by my local council. My car was parked on a road that had double yellow lines which just stopped(no end line at 45 degree angle to double lines). I remember a case in the papers.

i need to find using current law a recent case on formation of a contract.?
the case has to be as recent as possible and must be based on the offer and acceptance thus making the formation of a contract. offer and acceptance are pretty loose terms, so I’m guessing you’re looking for case law that defines what an.

I need to look up case law,but A dont know the term for the situation(help)?
I was involved in A civil suit with the local prosicuters office.I was recently charged with A minor crime,which the charges should have been droped, instead, they not only prosicuted,I was tardy for my pre-trial confrence,so she added bail jumping. Your question needs clarification..

Is there case law about winning a motion to undo a late filing of court documents?
I presented with timely documents, but 2 of the 4 Filing Clerks argued that I needed to accompany my Fee Waiver(s) to random Courts. that the hours for Courts to have fee waivers submitted had expired.that the Courts had gone home for the.

legal basis to use the Conners Rating Scales?
information collected by public schools using tests to evaluate mental and or phycial status of students. Legal Authority statue or case law permitting use and or collection evaluation. confidentiality and defintion of personal authorized to administer and view test and results The Conners??ating Scales are a result of 30 years.

My employer penalizes employees for the use of sick leave by including it in annual evaluations,is this legal?
I’m looking for case law, etc. to prove this isn’t legal. Sick leave is one of 16 ‘must rate’ categories on our annual evaluations and scoring low in this category can preclude you from attaining pay raises and promotions or special.

Need a LAW STUDENT in Tennessee?
Don’t have access to law library. Can you do a little research for me? Need some case law/precidents regarding slander. Will pay for verifiable info. please contact snoweagleltd@yahoo. Any law students thinking to take you up on your offer should check the state’s Unauthorized Practice of Law (UPL) statutes first. Laws vary by.

Or maybe this is more beautiful?
‘After a searching review of the record and applicable case law, we find that while ID arguments may be true, a proposition on which the court takes no position, ID is not science. We find that ID fails on three different levels, any one of which is sufficient to preclude a determination that.

Trying to repossess property from evidence room which belongs rightfully to me.Need specific case law to help.
A year ago I was assaulted by two blacks w/ baseball bats.In defence I pulled a knife and stabbed them back.I was booked on charges of 1st degree assault.I represented myself in court & was proudly vindicated by a verdict of NOT.

U.S. Supreme Court?
Can somebody explain to me how a U.S. Supreme Court decision may affect both state and trial court cases? Lawyers and judges rely an current case law. They closely monitor Supreme Court rulings because the rulings are ‘supreme law of the land.’ For example, the Supreme Court has recently heard a case concerning legal search and.

what are some examples of case law where courts may deviate from the doctrine of precedents strict limitations
Precedent requires applying previous higher-court case law where the fact pattern is the same as the earlier holding. If the facts in the new case are distinguished, so that the are different than the facts supporting the previous holding, then.

More Case law questions please visit : LawFreeFAQ.com

Originally published here.

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lawfaq

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People v. Roman Polanski — Oscar winning director Roman Polanski was arrested in Los Angeles in 1977 for unlawful sexual intercourse with a minor.  Mr. Polanski entered into a plea agreement and pled guilty to the charges in exchange for “time served” as a sentence.  The judge, however, rejected the plea agreement and set a hearing to sentence Polanski to additional jail time.  Prior to the sentencing hearing, Polanski fled to France ? which refused to extradite him to the United States — and he has never returned.  In September 2009, while in Switzerland for a film festival, the Swiss police arrested Polanski at the request of the U.S. authorities.  The United States formally requested his extradition in October, but the Swiss authorities refused the request and released him.

The victim in the Polanski case is now 45 years old and has publicly forgiven him.  She also filed a formal request that Los Angeles prosecutors drop the charges against him.  The victim stated that the continued publication of the details of the incident are taking an emotional toll on her and her family and that she wants to be able to move on from the incident and stop reliving the details of the assault.  Despite these wishes, the prosecutors are still pursuing Polanski, and intend to arrest and sentence him should he ever come to the United States again.

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In many sex crimes and domestic violence cases the victims state that they wish for the charges to be dropped or that they do not want to participate in the prosecution of the case.  While this may affect the prosecutor’s decision to proceed with the case, it is not (as in the Polanski case) the determining factor on whether to proceed with or to drop a case.

Contrary to popular belief, victims in sex crimes and domestic violence cases do not choose whether to prosecute or drop a case — that decision lies solely with the prosecutor.  Prosecutors represent all of the people of the State of California and the belief is that they have an interest in prosecuting offenders whether the victim cooperates or not.  Additionally, even if a victim refuses to testify, there may be sufficient evidence for the prosecutor to win at trial by using witness statements, the defendant’s statements to police, or other evidence of the crime.
Sincerely,

Steven Valerio and Garret Weinrieb
Valerio | Weinrieb Criminal Defense Attorneys

(note: Information contained within this article is intended for general information purposes only and is not, nor is it intended to be, legal advice for any individual case or situation. The information contained within this article is not intended to create an attorney-client relationship and use of this article, and any information contained herein, does not constitute such a relationship.)

Originally published here.

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VW Attorneys

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