Legal Research (page 4)
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Updated April 22, 2012
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Civil Law
Civil Law
"Criminal law is much better known to laymen than civil law, as a result of journalists' reports of famous criminal trials. In talking with people about law, I find that they often misapply principles from criminal law to situations in civil (e.g., tort) law, which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law. " |
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| Differences between Civil and Criminal Law in the USA |
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| Crime: Definition - Civil And Criminal Divide | "The possibility of a victimless crime underscores the central difference between criminal and civil law: a crime is an offense against public welfare, whereas a civil wrong is an offense against private interests." |
| Civil Law | "The law serves as a mechanism for peaceful resolution of disputes between individuals, through the area of civil law. " |
| Civil Law and Lawsuits | "A basic civil action is a lawsuit filed by one person - the plaintiff - against another person - the defendant or respondent - in which the plaintiff wants the defendant to pay money to compensate the plaintiff for harm the defendant caused to the plaintiff." |
| Civil Law | "Civil Law is the section of the law that deals with disputes between individuals or organisations. For example, a car crash victim claims damages against the driver for loss or injury sustained in an accident, or one company sues another over a trade dispute." |
| "Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials. "Civil trials" concern the judicial resolution of claims by one individual or group against another and are to be distinguished from "criminal trials," in which the state prosecutes an individual for violation of criminal law." | |
| Civil Procedures | |
| Civil Lawsuits | "In civil matter, the controversy is between two or more "people" ("people" can include individuals, businesses or government agencies). Most often, the result is an award of money to be paid by one party to the other." |
| Injunctions | "An injunction is a court order requiring a person to do or cease doing a specific action. The purpose is to maintain the status quo either by preventing a defendant from becoming insolvent or to stop the defendant from continuing to act in the manner complained of." |
| Your Right to Privacy | "The purpose of this report is to highlight and summarize key privacy issues affecting consumers today and tomorrow. Readers who want to explore issues in depth should visit the Web sites of government agencies, public interest groups, industry associations, and companies" |
| Frivolous Lawsuits | "Most of us laugh off these stories as urban legends made to show the absurdity of frivolous lawsuits. You might be surprised, however, by how many of these are true." |
| 'Frivolous' Lawsuits News | "Judge's already have the authority”—under "Rule 11"—to throw out a frivolous lawsuit and sanction the attorney before the case even gets started." |
| Frivolous Lawsuits | "A Frivolous Lawsuit is any legal claim that seems trivial and lacks merit. Often, an individual without legal counsel makes such a claim, and the claim is brought as a result of poor understanding for court processes and the law in general." |
| Self-Advocacy | "Self-Advocacy is learning how to speak up for yourself, making your own decisions about your own life, learning how to get information so that you can understand things that are of interest to you, finding out who will support you in your journey, knowing your rights and responsibilities, problem solving, listening and learning, reaching out to others when you need help and friendship, and learning about self-determination." |
| "A contract is an agreement between two or more parties that creates an obligation to do or not do something. A breach of contract is the existence of an agreement or bargained-for exchange where one of the parties fails, without a legally valid excuse, to live up to his or her responsibilities under the contract." | |
| Suing for Breach of Contract | |
| Oral Contracts - Your Word IS Your Bond | "Chances are that you either formed a contract today or acted underneath one. If you went to the supermarket and bought something, you formed a contract. Chances are that you either signed a check or a credit card charge slip and either one constitutes forming an agreement to pay for the food you purchased." |
| Contract Law - An Introduction | "A contract intends to formalize an agreement between two or more parties, in relation to a particular subject. Contracts can cover an extremely broad range of matters, including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute, and ownership of intellectual property developed as part of a work for hire." |
| Oral Contracts | "It's interesting to note that many powerful people have engaged in handshake deals, from Bill Clinton and Newt Gingrich to Bill Gates and Steve Jobs. But more than likely, these handshake deals were followed by large contracts that outlined key deal points and terms." |
| When Oral Contracts are Acceptable | "Through spoken communication, between two or more parties (or individuals) and sometimes, including a handshake, may enter into an agreeable oral contract or referred to as "meeting of the Minds " (mutual consent). Understandable, a discussion of an offer does not constitute an acceptance." |
| Is an Oral Contract as Good as a Written Contract? | "An Oral Contract is as legally binding as a Written Contract, the issue with an Oral Contract is in proving its existence. To begin, the existence of a Written Contract is fairly obvious, either there is a writing or there isn’t. An oral contract, by definition, does not have a writing to support its terms, conditions or even existence. So how can we prove that it exists?" |
| Contract Law | "A contract is an agreement between two or more persons (individuals, businesses, organizations or government agencies) to do, or to refrain from doing, a particular thing in exchange for something of value. Contracts generally can be written, using formal or informal terms, or entirely verbal. If one side fails to live up to his/her/its part of the bargain, there's a "breach" and certain remedies for solving the differences are available. The terms of the contract - the who, what, where, when, and how of the agreement - define the binding promises of each party to the contract." |
| Damages for Breach of Contract | "As a general rule, the objective of contract damages is to insure that the aggrieved or injured party should receive what he or she expected from the bargain." |
| "Personal injury is the name given to the branch of tort law that covers any wrong or damage done to another in his person, property, rights, or reputation. A personal injury can happen at work, in a traffic accident, because of a faulty product or a faulty repair, because of a mistake during medical treatment, or because you slipped and fell on a wet floor or pavement. The personal injury can be physical or psychological but, to be considered actionable, it must occur due to the negligence or unreasonably unsafe actions of your employer, a manufacturer, your doctor, your landlord, or some other person or organization who owes you a duty of ordinary care." | |
| Personal Injury Law | |
| Pain & Suffering | "Putting a value on pain and suffering is probably the most difficult task for a jury in any injury case. There is no scientific formula and no chart or table juries, attorneys or insurance companies can look to. Every injury, every injured person, every accident and every case is different and deserves a thorough evaluation." |
| Personal Injury Information | Listed by type of injury and state-by-state |
| Law Research | "Personal injury is an area of law designed to protect those harmed by the negligence, recklessness, malpractice, or inaction of others." |
| Accident Law - Auto Accidents Center | "Accident Law - Auto Accidents Information" |
| Traffic Law | "General Practice - Traffic Law Information" |
| The Injury Guide | "The Injury Guide has been developed to serve as a principal and unparalleled Internet resource for individuals who have suffered unexpected and life-changing injuries by someone else’s negligence or wrongdoing." |
| Personal Injury | "Personal Injury resources online. Get expert legal advice on personal injury lawsuits and issues. Use our search features to locate online, local or nationwide personal injury attorneys or PI firms to help with all your legal needs." |
| Personal Injury Settlements, Claims, and Lawsuits | "Simply put, a personal injury claim involves an injured individual seeking compensation for their pain and suffering, emotional distress, permanent disability, or other ensuing injury from the person, company, or institution believed to be at fault. The claim may be brought on one of three grounds: negligence, strict liability, and intentional wrong. " |
| First Steps After an Injury | "Below you will find tips on steps you can take to protect your legal rights immediately following an accident or injury." |
| Toxic Mold Legal Claims | "If you have been exposed to toxic mold in your home or in the workplace, you may be considering a legal claim against those responsible for your injuries. A number of different claims are possible in cases of toxic mold exposure --your specific claim will depend upon (among other factors) the circumstances of your exposure and the facts surrounding your injury." |
| Dog Bite Case Analysis | "May the victim of a dog bite recover damages where she arguably knew beforehand of the dog’s vicious disposition?" |
| Slip and Fall Accidents | "Slip and fall" is a term used for a personal injury case in which a person slips or trips and falls, and is injured on someone else's property. These cases usually fall under the broader category of cases known as "premises liability" claims, because slip and fall accidents usually occur on property (or "premises") owned or maintained by someone else, and the owner or possessor of the property may be held legally responsible. " |
| Wrongful Death | "A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. An action for wrongful death belongs to the decedent's immediate family members." |
| "The contract between the broker and seller is called a listing agreement. The agreement may be an open agreement whereby the broker earns a commission only if he or she finds a buyer. A listing is exclusive if the broker is the only agent entitled to a commission for finding a buyer. Under an exclusive arrangement a broker may be entitled to a payment even if the seller finds the buyer without the brokers aid." | |
| Real Estate Transactions | |
| Condemnation of Property | "Condemnation is the process of taking private property for public use through the power of eminent domain. When private property is taken by the government, the owner is entitled to receive just compensation." |
| Real Estate Law | "Real estate law is the name given to the branch of civil law that covers rights to possess, use, and enjoy land and the permanent manmade additions attached to it. This includes the capacity to hold interests in real property, permissible interests in real property, relations between owners, relations between owners and the community, landlord and tenant relations, the transfer of interests in real property, and real property financing, including deeds and mortgages. Real estate transactions, such as purchases, sales, and leases, are governed by a wide body of federal and state law, and the requirements established by state law often differ from state to state." |
| Tenant Law: Leases | "A lease or rental agreement is a legal contract between a landlord and tenant. The agreement gives the tenant the right to use and occupy the rental property for a specified period of time. In return, the rental agreement requires the tenant to pay the landlord rent each month. The lease also sets out the rights and obligations of the landlord-tenant relationship." |
| Landlord & Tenant Law | "Landlords have the responsibility to maintain residential rental property and repair any defects or problems. Under most state law, there is an implied warranty of habitability; that is, a landlord not only must deliver residential rental property to the tenant in a habitable condition, but s/he remains responsible for maintaining the property in a habitable condition during the term of the lease." |
| Landlord - Tenant Law | "The basis of the legal relationship between a landlord and tenant is grounded in both contract and property law. The tenant has a property interest in the land for a given period of time." |
| Buying & Selling a Home | "If you are selling, you need to thoroughly discuss and disclose the history and physical condition of the house. If you are buying, you need to be certain of your financial ability to pay the price." |
| The Real Estate Consumer’s Bill of Rights | "The premise of the bill is that consumers should have all the information the agent does about a house they’re trying to buy or sell, and about how the whole process works. Nearly a dozen Redfinners worked on it, from real estate operations, engineering and marketing" |
| Fair Housing Rights and Housing Discrimination | "Welcome to the "Fair Housing Rights and Housing Discrimination" section of FindLaw's Civil Rights Center, with information on discrimination and fair housing rights for home buyers and renters (tenants)" |
| "Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper." | |
| Defamation, Libel and Slander Law | |
| Defamation, Libel, and Slander | "The law of defamation protects a person's reputation and good name against communications that are false and derogatory. Defamation consists of two torts: libel and slander. Libel consists of any defamation that can be seen, most typically in writing. Slander consists of an oral defamatory communications." |
| Defamation | "Defamation is an injury to the reputation or character of someone resulting from the false statements or actions of another. Defamation is a false attack on your good name. Your good name is regarded as a proprietary interest, not a personal interest. Defamation is an improper and unlawful attack against your proprietary right to your good name, your reputation." |
| Canadian Defamation Law | "The common law protects every person from harm to their reputation by false and derogatory remarks about their person, known as defamation. In addition, all Canadian provinces have libel/slander legislation (defamation includes slander and libel, where slander is verbal defamation and libel is printed defamation)." |
| Slander and Defamation | "Defamation or "defamation of character," is spoken or written words that falsely and negatively reflect on a living person's reputation. Slander is a spoken defamation." |
| Slander | " The defaming a man in his reputation by speaking or writing words which affect his life, office, or trade, or which tend to his loss of preferment in marriage or service, or in his inheritance, or which occasion any other particular damage. In England, if slander be spoken of a peer, or other great man, it is called Scandalum Magnatum. Falsity and malice are ingredients of slander. Written or printed slanders are libels." |
| What is Libel? | "Libel and slander are legal claims for false statements of fact about a person that are printed, broadcast, spoken or otherwise communicated to others. Libel generally refers to statements or visual depictions in written or other permanent form, while slander refers to verbal statements and gestures. The term defamation is often used to encompass both libel and slander." |
| Libel Checklist | "Keep in mind that it is possible to identify people or entities like corporations without actually using a name. If the material contains identifiable voices, likenesses, or descriptions of or concerning a person or a company, it could be a problem." |
| Can I Say That? Defamation Law Made Simple | ""Defamation" is a catch-all term for any statement that hurts someone's reputation. Written defamation is called "libel," and spoken defamation is called "slander." Defamation is not a crime, but it is a "tort" (a civil wrong, rather than a criminal wrong). A person who has been defamed can sue the person who did the defaming." |
| "Harassment is a crime. If proven, depending on the severity and frequency of the conduct and the harasser's prior criminal record, harassment can be punishable as either a gross misdemeanor or a felony. Harassment can mean many things. It can refer to the actions of a person (or group) who is repeatedly sending you threatening letters, calling you on the phone, or repeatedly sending you unwanted gifts. It can also involve behavior such as following you, watching you, and coming to your place of work or home." | |
| What is Harassment | |
| Psychological Harassment | " Many victims of psychological harassment suffer from physical ailments, irritability, anxiety, nervousness, insomnia, stress, fatigue, depressive states, burn outs, and in some cases suicide. Many are unable to continue working and suffer financial loss." |
| Sexual Harassment Links | Internet links to sites on this topic |
| Types Of Harassment And Bullying | (UK) "Harassment and Bullying comes in many forms, some of which are listed below:-" |
| Dealing with Bullying | "Every day thousands of teens wake up afraid to go to school. Bullying is a problem that affects millions of students of all races and classes. Bullying has everyone worried, not just the kids on its receiving end. Yet because parents, teachers, and other adults don't always see it, they may not understand how extreme bullying can get." |
"Neighborhood disputes can get very ugly, it can easily spill over into affecting completely uninvolved parties and destroying the fabric of an otherwise great neighborhood. That is what happened to us." |
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| Neighborhood Disputes | |
| National Fair Housing Advocate Online | "The National Fair Housing Advocate Online is a resource designed to serve both the fair housing advocacy community and the general public with timely news and information regarding the issues of housing discrimination." |
| Dog/Animal Bites | "In many cases, a person bitten by an animal may have a legal right to recover damages from the animal's owner or another responsible party." |
| Premises Liability | "Owners and occupiers of property legally responsible for accidents and injuries that occur on that property. The kinds of incidents that give rise to premises liability claims can range from a slip and fall on a public sidewalk to an injury suffered on a amusement park ride." |
| Trespassing | "Trespassing is a legal term that can refer to a wide variety of offenses against a person or against property. Trespassing as it relates to real estate law means entering onto land without consent of the landowner." |
| Keep Out! The Basics of Trespassing Laws | "People have different views on privacy and property rights. Some don’t mind if people walk across their land. Others don’t want anyone on their property without permission." |
| Select State Laws on Hunting and Trespassing | "All city, county, and state law enforcement officers are authorized to enforce the hunter trespass laws. In 40 states, wildlife officers from the state's wildlife management agency are also authorized to enforce the trespassing laws. In 22 states, posting is not required, which means it is against the law for hunters to trespass on private property without the landowner's permission even if the land is not posted." |
| Trespassing Laws | "Trespassing laws are put into place so that land owners may protect their property and their privacy. As such, property owners are allowed to use a reasonable amount of force to protect against trespassers." |
| Mineral Rights | "In the United States and a few other countries, ownership of mineral resources was originally granted to the individuals or organizations that owned the surface. These property owners had both "surface rights" and "mineral rights". This complete private ownership is known as a "fee simple estate". " |
| Animal Damage Solutions | "Animal damage solutions is your site for comprehensive information on stopping wildlife damage." |
| Noise Complaints | Every locality has the right to pass noise control laws. You need to check with your local jurisdiction. |
| Neighbor Laws | 10 topics |
| Indecent Exposure | "Indecent exposure laws in most states make it a crime to purposefully display one's genitals in public, causing others to be alarmed or offended. Indecent exposure is often committed for the sexual gratification of the offender, and may reach the level of a sexual assault if any physical contact is made." |
| Property Rights Research | "In order to protect your property rights, you must first know the difference between the definitions of property, land, and premises. If you do not know their meanings, you cannot effectively protect your property rights" |
| Land/Property Easements Law | "A right-of-way is a type of easement that gives someone the right to travel across property owned by another person." |
| Curfew Laws | "Some curfew laws apply only to juveniles under the age of 18, while other curfew laws are enacted temporarily in response to a natural disaster or civil disturbance (and apply to all people in a city or local area)." |
| Consideration of Property Owners Rights in the National Register Nomination Process | "Although infrequent, there have been instances where nomination to, or listing on, the National Register is directly linked to, and triggers, the application of more direct regulations under State or local law which can affect a private property owner. " |
| "The National Highway Traffic Safety Association (NHTSA) reports that each year nearly 5,000 pedestrians die in motor vehicle related accidents, and more than 78,000 pedestrians suffer injuries when hit by a car or truck. In addition to pedestrian-vehicle incidents, thousands of non-vehicular pedestrian accidents also occur annually. Poor property maintenance, sidewalk or parking lot defects and/or construction or other debris on walkways cause or contribute to these accidents. " | |
| Pedestrian Accidents | |
| After a Motor Vehicle Accident: First Steps | "When a car accident happens, injuries may be severe and emotions may be high. However, there are important things that must be taken care of both at the scene of any accident and soon afterward. Following is a list of things that should be done, if at all possible, when any automobile accident occurs." |
| Traffic Accidents FAQ | "If you've been in an accident, this article tells you what to do and answers your questions about liability, proof, and insurance." |
| Automobile Accident Law | "Unfortunately, at some time in our lives, most of us will experience an automobile accident. When you are in a car accident, even if you are not injured, there are certain things that you should and should not do." |
| What to Do in Case of an Automobile Accident | "With the congestion on our roads, accidents are common, and not everyone obeys the rules. In the aftermath of an accident, keeping a cool head means that you must know exactly how to handle the situation and those affected by it." |
| What to do in Case of a Car Accident | "Whether it is simply a bump in the parking lot or if it is a more serious accident where people are injured, taking the right actions immediately can save lives and improve the outcome for everyone involved." |
| Motor Vehicle Accident Liability | "Click on the links below for information on determining who is responsible for a motor vehicle accident, and discussion of common liability issues in personal injury cases arising from motor vehicle accidents." |
| Hit-And-Run Auto Accidents | "Despite laws in every state which make it illegal to leave the scene of a car accident involving injury to person or property, drivers often attempt to flee the scenes of accidents they have caused. The most common flight from an accident scene probably involves parking lot collisions, where a driver strikes somebody else's parked car." |
| Leaving the Scene of an Accident | "Typically, state traffic laws require that any driver involved in an accident stop his or her vehicle as soon as it is safe to do so, and exchange identification and contact information with any other driver involved in the incident. If a driver collides with an unattended vehicle or other stationary property, most states mandate that he or she make a reasonable effort to identify the property owner and alert them as to what happened." |
| Truck Accidents | From AttorneyPages.com |
| Commercial Truck Accidents | "If you have been involved in an accident involving a commercial truck or "big rig," this section provides tips on steps you can take now to protect your legal rights, information on fault issues in truck accident cases, and an overview of what to expect in a lawsuit arising from a vehicle accident." |
| Motorcycle Accidents | "The lack of any substantial protective barriers between a motorcycle and the road, as well as the difficulty that other motorists may have in anticipating and seeing a motorcycle, leave riders prone to serious injury in the event of an accident." |
| Motorcycle Accidents | From AttorneyPages.com |
| Traffic Accidents in England | This information applies to England, Wales, Scotland and Northern Ireland |
| Top 10 Tips On How To Win Your Road Traffic Accident Case | "Hire an able solicitor-This could be the best thing you can do if you ever figure in a road traffic accident. A competent and knowledgeable solicitor will help you pursue your case to your advantage. " |
| Maritime Law | From AttorneyPages.com |
Civil Remedies
Civil Remedies
"This page is designed to be helpful to you in learning more about filing a civil lawsuit. " |
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| Filing a Civil Lawsuit | |
| Any Crime Victim May Be Able to File A Civil Lawsuit | "Regardless of the outcome of the criminal prosecution, or even if there was no prosecution, crime victims can file civil lawsuits against offenders and other responsible parties." |
| Victims of Violent Crimes: Filing Civil Lawsuit | A victim of a violent crime such as an assault, battery, sexual assault or similar offense has a right to file a personal injury lawsuit for damages, including punitive damages. |
| Civil Legal Remedies for Crime Victims | "Crime victims suffer painful and often permanent injuries at the hands of their assailants. Despite many effective advocacy efforts during this past decade, our society still does not provide adequate relief to victims in the wake of crime. Civil litigation should be viewed as an additional tool to provide such redress." |
| Civil Lawsuits | "In civil matter, the controversy is between two or more "people" ("people" can include individuals, businesses or government agencies). Most often, the result is an award of money to be paid by one party to the other." |
| Injunctions | "An injunction is a court order requiring a person to do or cease doing a specific action. The purpose is to maintain the status quo either by preventing a defendant from becoming insolvent or to stop the defendant from continuing to act in the manner complained of." |
| The Center for Victims of Violence and Crime | "We offer victim advocacy, crisis intervention, counseling, and community education programs to those impacted by all forms of violence and crime including, but not limited to: adult and child sexual assault; physical assault; child and elder abuse; homicide; robbery; and burglary." |
| Family & Friends of Violent Crime Victims | "The mission of Families and Friends of Violent Crime Victims is to support and advocate for all victims of crime, missing persons, and their loved ones, and to provide education about victims' rights and services." |
| Self-Advocacy | "Self-Advocacy is learning how to speak up for yourself, making your own decisions about your own life, learning how to get information so that you can understand things that are of interest to you, finding out who will support you in your journey, knowing your rights and responsibilities, problem solving, listening and learning, reaching out to others when you need help and friendship, and learning about self-determination." |
| Lawsuit Abuse Statistics | "The term "lawsuit abuse" was first defined in the 1990s by Washington pollster Jan van Lohuizan. However, before then, the Michigan State Medical Society had already cleverly coined it "frivolous lawsuit disease."" |
| Personal Injury Settlements, Claims, and Lawsuits | "Simply put, a personal injury claim involves an injured individual seeking compensation for their pain and suffering, emotional distress, permanent disability, or other ensuing injury from the person, company, or institution believed to be at fault. The claim may be brought on one of three grounds: negligence, strict liability, and intentional wrong. " |
| 'Frivolous' Lawsuits News | "Judge's already have the authority”—under "Rule 11"—to throw out a frivolous lawsuit and sanction the attorney before the case even gets started." |
| Frivolous Lawsuits | "A Frivolous Lawsuit is any legal claim that seems trivial and lacks merit. Often, an individual without legal counsel makes such a claim, and the claim is brought as a result of poor understanding for court processes and the law in general." |
| "The victorious party may have received a judgment stating what he or she is entitled to recover. Then it is his or her job to collect the "judgment". Collecting judgments can be difficult, especially if the defendant’s assets are not easily located, or exempt from claims of creditors, as everyone is learning from the OJ civil case." | |
| Collecting Judgments | |
| Damages | "Damages, in a legal sense, is the sum of money the law imposes for a breach of some duty or violation of some right." |
| Remedies | "A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. " |
| Crime Victim & Witness Rights | "In 1985, the United Nations adopted a Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power. The federal government enacted the Violence Against Women Act of 1994 as part of a comprehensive bill affecting victims in many ways." |
| Crime Victim Resources | "This section contains links to nationwide resources for crime victims, in addition to resources in your state. " |
| Crime Victims' Rights | "Victims of crimes have been given certain rights by the legislature. The prosecutor's office is responsible for enforcing most of these rights. Following is a review of most of these laws which affect battered women." |
| Wrongful Death Conditions and Remedies | "Wrongful death is the loss of a person’s life due to a party’s negligence or carelessness. To site one general example, a raging bus rear-ended a car killing all its four passengers. In this case, the surviving family of the victims may file their wrongful death lawsuit against the bus driver and demand for suitable damages." |
| Understanding Remedies | (PDF) "The linking of a remedy for the invasion of rights brings forth several important legal consequences. First, we should note the emotive value of the statement. A wrong will be rectified in fact, not just in principle. Yet, what does it mean to say that a wrong will be rectified?" |
| Declaratory Judgments | "Declaratory judgments permit parties to a controversy to determine rights, duties, obligations or status." |
| Discouragement of Crime Through Civil Remedies | "This discussion develops an updated version of routine activities theory and assesses its potential for explaining the impact of civil remedies on crime discoura gement." |
| Help for Victims | "The following topics offer links to information resources that may be of interest to victims of crime" |
| Helping Crime Victims Pursue Civil Justice | "Provides technical support to attorneys representing crime victims in civil actions, refers crime victims to lawyers in their local area, and works to increase general awareness about the availability of civil remedies for victims of crime." |
| Damages for Breach of Contract | "As a general rule, the objective of contract damages is to insure that the aggrieved or injured party should receive what he or she expected from the bargain." |
| Injunctions | "Injunctions are orders of the court telling a party to a lawsuit to do or not to do a certain thing." |
| (PDF) "Every crime victim has the right to file a civil lawsuit seeking financial compensation from the perpetrator or from other parties whose unreasonable conduct gave rise to conditions which allowed the crime to occur. The purpose of this handbook is to provide victims and service providers with a basic understanding of the civil justice system so that victims might consider this important option and know where to turn for help." | |
| Civil Justice for Victims of Crime | |
| Restitution | "A person who has been unjustly enriched at the expense of another is required to make restitution to the other. In the absence of a contractual agreement, a trial court may require an individual to make restitution for unjust enrichment if he has received a benefit which would be unconscionable to retain." |
| How Do I Collect On A Judgment? | "The winning party, the Creditor, should first contact the losing party, the Debtor, to attempt to collect the judgement. If the Debtor fails to pay, the winning party, the Creditor, may take steps to collect or execute the Judgment including: " |
| What Is A Civil Judgment? | (PDF) "The Court has ordered a civil judgment from your restitution order. This brochure explains civil judgments and collection procedures." |
| Tips for Collecting Your Judgment | "You won your lawsuit -- but how do you collect what you're owed?" |
| Judgment Recovery Articles | Collection of articles on this topic. |
| Equitable Remedies | "An example of a legal remedy is monetary damages. An example of an equitable remedy is an injunction." |
| Collecting Your Small Claims Judgment | "Although it feels great, winning your case in small claims court is only half the battle. Next comes collecting your judgment. And as many small claims victors are shocked to discover, getting the defendant to pay up isn't always easy." |
| Legal Remedies | "Whether you are a student in my Remedies class at Santa Barbara College of Law or studying law elsewhere, the material on these pages will hopefully serve as a useful outline for you." |
| Help for Victims | "The following topics offer links to information resources that may be of interest to victims of crime" |
Children & the Law
Children & the Law
"Did you know that seventy percent of children in the juvenile justice system have educational disabilities -- the vast majority have an Emotional Disturbance and/or Specific Learning Disabilities?" |
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| Juvenile Justice | |
| Harassment and Bullying | "According to the American Academy of Child and Adolescent Psychiatry, 50% of children are bullied and l0% are victims of bullying on a regular basis. Kids who have learning disabilities are especially vulnerable to bullying problems. On this page you will find information about bullying and harassment, prevention, and effective ways to respond to bullying." |
| Child Protection Law in Canada | "Child protection or child welfare orders, where they exist, supersede the regular custody or guardianship orders issued under divorce or provincial family law legislation. " |
| Juvenile Crime | "Special rules exist for criminal law cases involving young offenders (usually under 18 years of age)." |
| Juvenile Law | "A "juvenile" is a minor, which in most states is a person under the age of 18. When a juvenile violates a criminal statute, the consequences are usually very different from those if an adult broke the same law." |
| Juvenile & School Crimes | "Discusses the increase in the levels of violence in the United States since 1986. How to spot those children most at risk for violent behavior; How most violent teenagers became antisocial and aggressive early in childhood; Types of family problems these kids are shaped by; Possible treatments; The need for early intervention; " |
| Youth Criminal Justice Act (Canada) | "The purpose of the Act is to set out the principles, rules, and procedures for young persons who come into conflict with the law." |
| State Youth Justice Programs | "Each state has one project affiliated with the OJJDP Youth for Justice Program. Click on a state to view its project profile; states with multiple projects are starred. Clicking on a starred state will take you to the Multiple Projects page, where you can choose which state project profile you would like to view." |
| Family Watchdog | A web site that tracks known sexual predators by location. "Our goal at Family Watchdog is to provide you with the information you need to protect your loved ones. Our service allows you to view known registered offenders and predators in your area. Knowing who these people are and what they've done provides you with your best defense to protect your family - awareness." |
| When a Minor Commits a Crime | ""Juvenile justice" is an umbrella term for the special procedures set up by every state to deal with young people whose cases belong in juvenile court. Juvenile courts handle most of the cases in which young people (usually called "juveniles" or "minors") are accused of committing crimes. " |
| Juvenile Court Procedure | "The procedure and organization of the juvenile court system is different from the adult system. After committing an offense, juveniles are detained rather than arrested." |
| "In the face of skyrocketing numbers of juveniles entering the court system, Humes cites a multitude of problems plaguing the juvenile courts that prevent judges from properly administering justice. These problems include inadequate facilities, too few judges and personnel, too few placement options, lack of mental health services, and too few probation officers--all attributable to deep and continuing budget cuts that force the court to focus its limited time and resources on the 16 percent of juveniles who are the chronic serious offenders. " | |
| A Mostly Sensible Approach to Juvenile Crime & Punishment | |
| Juvenile Delinquents Respond To Punishment Just As Adult Criminals Do | "The evidence suggests that juvenile crime is responsive to harsher sanctions,” Levitt writes. “The estimated decrease in crime associated with incarcerating an additional juvenile is at least as large as the corresponding reduction in crime for adult offenders.”" |
| Juvenile Justice System | "Juvenile justice is criminal law applicable to persons not old enough to be held responsible for criminal acts, usually, the age for criminal culpability is 18. The goal of the juvenile justice system is rehabilitation. Juveniles can be transferred into adult court if juvenile court waives or relinquishes jurisdiction. The doctrine of parents patriae authorizes the state to legislate the protection, care, custody, and maintenance of children within its jurisdiction. The federal role is of founder and standard setter." |
| The Debate on Boot Camp for Kids | "This boot camp is the last chance for troubled teenagers. They're young, multiple offenders on the verge of hard- core prison time." |
| Female Offenders in the Juvenile Justice System | "This report was prepared by the National Center for Juvenile Justice, the research division of the National Council of Juvenile and Family Court Judges." |
| Kids & Crime | "Should juveniles who commit serious crimes be treated as adults?" |
| Should the Law Treat Kids and Adults Differently? | "When a child kills, does he instantly become an adult? Or does he maintain some trappings of childhood, despite the gravity of his actions?" |
| Ethical Treatment for All Youth | "The following articles provide extensive information about invalid diagnosis and abusive treatment practices used with children and teenagers who violate sex laws, and why they are used." |
| Center on Juvenile and Criminal Justice | "Promoting a balanced and humane criminal justice system through the provision of direct services, technical assistance, and policy analysis." |
| The National Association of Youth Courts | "A central point of contact for youth court programs across the nation, providing informational services, delivering training and technical assistance, and developing resource materials on how to develop and enhance youth court programs in the United States." |
"To help prevent child abduction and sexual exploitation; help find missing children; and assist victims of child abduction and sexual exploitation, their families, and the professionals who serve them." |
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| The National Center for Missing & Exploited Children | |
| State Child Welfare Agency Websites | "Includes website links to State child welfare agency websites in all 50 States and the District of Columbia. Links to Spanish translations of websites are provided when available." |
| Guidelines For Public Child Welfare Agencies | (PDF) "In 1999, the National Association of Public Child Welfare Administrators (NAPCWA) developed a strategic plan that included a focus on the intersection of child welfare and domestic violence. As a result of the plan, NAPCWA members and staff became involved in the development of Effective Intervention in Domestic Violence and Child Maltreatment Cases" |
| Child Welfare League of America | "CWLA is a powerful coalition of hundreds of private and public agencies serving vulnerable children and families since 1920. Our expertise, leadership and innovation on policies, programs, and practices help improve the lives of millions of children in all 50 states. Our impact is felt worldwide. " |
| Child Welfare Monitoring | "In order to help States achieve positive outcomes for children and families, the Children's Bureau monitors State child welfare services through the Child and Family Services Reviews." |
| "Each State is responsible for providing a school system whereby all children may receive an education. There is no charge for attending the school and it is equally open to all students. The Federal Equal Education Opportunities Act of 1974 provides that no state may deny equal education opportunities to an individual because of his or her race, color, sex or national origin. Therefore, every person has the right to attend school, unless his or her conduct violates valid rules and regulations." | |
| Education Law Center | |
| Education Law | "Parents, educators, advocates, and attorneys come to Wrightslaw for accurate, reliable information about special education law, education law, and advocacy for children with disabilities" |
| Education Law Association | "We provide unbiased information about current legal issues affecting education in schools, colleges, and universities," |
| State Compulsory School Attendance Laws | By state, lists year law enacted and (2002) mandated school attendance ages. |
| Education Law Links | Provides links to each state's educational laws. DO NOT use the "State Education Statutes" as few of them seem to be working. Rather, access the laws through the "State Education Departments" lower on the page. |
| Education Law Articles | A collection of articles on educational topics from around the world |
| Special Education Law Library | Caselaw, articles, publications, and reports. |
| Home Schooling Laws by State | Map indicates degree of regulation. Under map are links to each state. |
| Home Education Magazine | "When talking to new homeschoolers we often hear concerns about the law. Is homeschooling legal? Who do I have to notify? What do I have to teach? While the legalities are a concern that should not be ignored, neither should our response be automatic and not thought out carefully." |
| The Family Education Rights and Privacy Act | "The purposes of FERPA are twofold: to ensure that parents have access to their children's educational records and to protect the privacy rights of parents and children by limiting access to these records without parental consent. " |
| State Vaccines Requirements | "State Immunization Laws Database This tool contains results from a 50-state legislative review of laws requiring assessment of vaccination status and vaccine administration for healthcare workers and patients/residents." |
| National Vaccine Program Office Immunization Laws |
" As with all of our laws, federal and state immunization laws are consistent with a basic tenet of American citizenship: The privileges of democracy, including individual freedoms, must be enjoyed in ways that do not interfere with or create risks for others. Immunization provides protection not only to the person immunized, but for many diseases, also to the people with whom the immunized person comes in contact." |
| Education and Discrimination | "Below you will find in-depth information on different types of unlawful discrimination and harassment in education, as well as links to federal laws protecting students' rights." |
| Child Abuse | "Research has shown violent or aggressive behavior is often learned early in life. Parents and others can help them learn to deal with emotions without using violence and reduce or minimize violence." |
| Child Abuse | |
| State Child Abuse Laws | "In every state, the following people are required by law to report suspected abuse: Doctors; nurses; dentists; mental health professionals; social workers; teachers; day care workers; law enforcement personnel. In some states, clergy, foster parents, attorneys, and camp counselors also are required to report abuse." |
| Child Abuse Law Index | "This information may be extracted, edited, and/or paraphrased from government publications. The website host is not responsible for the source or accuracy of information." |
| Child Abuse | "Child abuse in the United States is principally the responsibility of states and local governments. Each of the 50 states has enacted laws defining child abuse and maltreatment, determining when outside intervention is required, and establishing administrative and judicial structures to deal with maltreatment when it is identified." |
| Child Abuse and the Law | "You may search for summaries of State code on the following child maltreatment and related child welfare issues. Choose a state and retrieve a summary. You may choose any or all of the issues below, but you must choose at least one issue to retrieve data" |
| Family Watchdog | A web site that tracks known sexual predators by location. "Our goal at Family Watchdog is to provide you with the information you need to protect your loved ones. Our service allows you to view known registered offenders and predators in your area. Knowing who these people are and what they've done provides you with your best defense to protect your family - awareness." |
| Child Pornography | "Federal and state laws make it a crime to produce, possess, distribute, or sell pornographic materials that exploit or portray a minor. Increasingly, child pornography laws are being utilized to punish use of computer technology and the Internet to obtain, share, and distribute pornographic material involving children, including images and films." |
| Sex Laws.org | "If you have questions regarding statutory rape, age of consent, sexual assault, or any similar laws in the U.S., this is the place to find answers. These laws vary from state-to-state, sometimes even city-to-city and the rumors that go with them make things even more complex and confusing. Our goal is be your primary source of up to date information as many of the online guides are out of date or contain misinformation." |
| Can Statutory Rape Laws Be Effective in Preventing Adolescent Pregnancy? | "Recent studies indicate that at least half of all babies born to minor women are fathered by adult men. In addition, there is a widespread perception that these young mothers account for the large increase in welfare caseloads over the last 25 years. As a result, a growing number of policymakers are embracing the notion that adolescent pregnancy rates can be lowered and welfare costs reduced if states more rigorously enforce statutory rape laws prohibiting sex ual intercourse between adults and minors." |
| Statutory Rape: A Guide to State Laws and Reporting Requirements | (PDF) "This report is a compilation of state laws and reporting requirements. It provides an overview of state statutory rape laws and reporting requirements, as well as a summary of laws for each state and the District of Columbia. This report is not intended to be a legal document. It is designed to provide useful information to state and federal policymakers who are interested in how state statutes address statutory rape." |
| Statutory Rape Laws by State | "Most states do not refer specifically to statutory rape; instead they use designations such as sexual assault and sexual abuse to identify prohibited activity. Regardless of the designation, these crimes are based on the premise that until a person reaches a certain age, he is legally incapable of consenting to sexual intercourse. Thus, instead of including force as a criminal element, theses crimes make it illegal for anyone to engage in sexual intercourse with anyone below a certain age, other than his spouse." |
| Spousal Rape Laws | "Until the late 1970s, most states did not consider spousal rape a crime. Typically, spouses were exempted from sexual assault laws." |
| "Bullying is a form of aggressive and harassing behavior. This antisocial behavior occurs across geographic, racial, and socioeconomic segments of society. Bullying prevents its targets from enjoying a safe, stress-free living, learning, and working environment. Children who bully are at risk for a host of long term, negative developmental outcomes including juvenile and adult criminal behavior. " | |
| Bullying | |
| Types Of Harassment And Bullying | (UK) "Harassment and Bullying comes in many forms, some of which are listed below:-" |
| Dealing with Bullying | "Every day thousands of teens wake up afraid to go to school. Bullying is a problem that affects millions of students of all races and classes. Bullying has everyone worried, not just the kids on its receiving end. Yet because parents, teachers, and other adults don't always see it, they may not understand how extreme bullying can get." |
| Internet Bullying | "With the click of a key, bullies are humiliating their peers. What are schools doing to tame this behavior? " |
| Bullying Moves To Internet | "Cyber bullying" is the latest trend in childhood harassment, according to experts. Police said the method of harassment involves threats made in chat rooms and through instant messaging." |
| Juvenile & School Crimes | "Discusses the increase in the levels of violence in the United States since 1986. How to spot those children most at risk for violent behavior; How most violent teenagers became antisocial and aggressive early in childhood; Types of family problems these kids are shaped by; Possible treatments; The need for early intervention; " |
| School Bullying - Know Your Legal Rights | "Bullying in the school is one of the most harrowing experiences a child ever faces. As parents, we try to protect our children from these obstacles in life." |
Family Law
Family Law
Family Law |
"Family law is the name given to the branch of civil law that a family lawyer or a family attorney covers including the legal relationships among family members, including husbands, wives, parents, children, and domestic partners. A family law attorney or a family law lawyer specializes in the family law relationships which encompass adoption, child custody, visitation rights, domestic violence, divorce, juvenile dependency and delinquency, marital property rights, support obligations, and paternity." |
| Family Law | |
| Self-Advocacy | "Self-Advocacy is learning how to speak up for yourself, making your own decisions about your own life, learning how to get information so that you can understand things that are of interest to you, finding out who will support you in your journey, knowing your rights and responsibilities, problem solving, listening and learning, reaching out to others when you need help and friendship, and learning about self-determination." |
| State Marriage Laws | "This table links to the marriage laws of the states and attempts to summarize some of their salient points. Those interested in the marriage law of a particular jurisdiction should review its law directly rather than rely on this summary which may not be fully accurate or complete." |
| Family Law Center | "providing helpful information and resources on a number of legal issues for parents, spouses, children, unmarried couples, same-sex partners, and more. To get started, choose a topic from the list below." |
| Family Law Quarterly | "The charts summarize basic laws in each state by topic, including custody, alimony and grounds for divorce" |
| Family Law | Information relating to this topic has been arranged in topics |
| Family Law Code (by State) | "Click the links below to research and access family law code or statutes for each state: " |
| Family Law Topic Areas | "Here are all sorts of materials on the legal aspects of Marriage, Divorce, Children, etc... split into a number of overlapping categories. " |
| Child Custody Research | Use the links below for research questions and answers on child custody. |
| Family Law Resource Page | (Oregon example) "The following links are designed to help answer some of your questions about marriage, adoption, divorce, child custody, and other family law topics." |
| Family Law Discussion Forums (by State) | "Discuss divorce, child custody and family law issues" |
| Uniform Child Custody Jurisdiction And Enforcement Act (1997) | "Drafted by the National Conference Of Commissioners on Uniform State Laws and by it approved and recommended for enactment in all the states" |
"This table links to the marriage laws of the states and attempts to summarize some of their salient points. Those interested in the marriage law of a particular jurisdiction should review its law directly rather than rely on this summary which may not be fully accurate or complete. " |
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| Marriage Laws of the Fifty States | |
| Spousal Rape Laws Continue to Evolve | "Remnants of the "marital rape exemption" still exist in many states' laws, even though all 50 states now criminalize spousal rape. Plea bargains can also lead to more lenient sentencing." |
| An Evolution of Law: Spousal Rape Prosecutable | "As of 2003, it still wasn't a crime in 20 states for a husband to have non-consensual sex with his wife while she was mentally incapacitated or physically helpless, according to Anderson's book. " |
| Husband-Wife Privilege | (PDF) "The spouse of a party has a privilege to refuse to testify against the party as to events occurring after the date of their marriage. A party has a privilege to prevent his or her spouse from testifying against the party as to events occurring after the date of their marriage." |
| Spousal Privilege | "The marital confidences privilege is a form of privileged communication protecting the contents of confidential communications between husband and wife. This privilege applies in civil and criminal cases. When applied, a court may not force one spouse to testify against the other concerning confidential communications made during marriage." |
| Getting the Facts Straight: Spousal Privilege | "The law holds that no one has a privilege to refuse to testify unless otherwise provided by constitution (e.g., the right to avoid self-incrimination), statute, or state or federal rules of evidence. The spousal privilege is a combination of two elements: 1) the right not to be compelled to testify against one's spouse, and 2) the protection of marital confidences. " |
| Common Law Marriage FAQ | "Learn what common law marriage is and in what states it's recognized." |
| Convention On Celebration And Recognition Of The Validity Of Marriage | International Law: " Article 9 - A marriage validly entered into under the law of the State of celebration or which subsequently becomes valid under that law shall be considered as such in all Contracting States, subject to the provisions of this Chapter. " |
| "While types of insurance vary widely, their primary goal is to allocate the risks of a loss from the individual to a great number of people. Each individual pays a "premium" into a pool, from which losses are paid out. Regardless of whether the particular individual suffers the loss or not the premium is not returnable. " | |
| Insurance Law | |
| New US Bankruptcy Law | "All debtors will have to get credit counseling before they can file a bankruptcy case -- and additional counseling on budgeting and debt management before their debts can be wiped out." |
| Insurance Law | Deals with workman's compensation, automotive, health, home owners' and life insurance |
| Insurance Law | Articles and links |
| Insurance Law | "An insurance policy is a legally binding contract between an insurance company and the person who buys the policy, commonly called the "policyholder, who also is often the person insured." |
| Ten Tax Laws You Gotta Know | "Several tax code changes will affect 2007 returns, but in many cases they are designed for very specific taxpayer circumstances." |
| Dealing with Bounced Checks | "You can help prevent bad checks and boost your chances of getting what's owed in several ways:" |
| How Do Overdrafts And Bounced Checks Happen? | "When you write a check, withdraw money from an ATM, use your debit card to make a purchase, or make an automatic bill payment or other electronic payment for more than the amount in your checking account, you overdraw your account." |
| Bounced Checks | " A bounced check will often be returned to the writer along with a penalty fee for non-sufficient funds. "Passing" bad checks is illegal, and the crime can range from a misdemeanor to a felony, depending on the amounts involved and whether the activity involved crossing state lines. " |
| How To Deal With Bounced Checks | "Payment by check is a common method of receiving payment for goods or services. Sooner or later, every business will receive a "bad check" - those checks that come back from the bank with the notation "NSF" or "Insufficient Funds" and are commonly known as "rubber" or "bounced" checks. Even when ultimately collected, bad checks issued by one business to another cost a company bank fees and employee time spent to trying to collect from the issuer." |
| Bounced Check Slaps You for 7 Years | "My research tells me that it is exceptionally rare for arrests or convictions to show up on a "regular" credit report. The public record of a judgment from a bounced check would be there for seven years. " |
| Don't Be Duped By Bounced-Check 'Protection' | "Banks have adopted a new type of overdraft plan -- with huge fees -- to cash in on Americans’ bad money habits. You may not know you've been enrolled." |
| Safety Deposit Boxes | "While millions of Americans rent a safe deposit box, few pay attention to questions such as who could or should have access to a safe deposit box (especially in an emergency) and how the contents of the safe deposit box are protected. About the only time people ever consider these issues is when there is a problem, and then it may be too late to prevent a loss." |
| Your Safe Deposit Box May Not Be So Safe | "Your jewels, stock certificates, deeds and other precious valuables in your safe deposit box are absolutely, positively safe, right? Not necessarily." |
| What Belongs in Your Safe Deposit Box? | "Here’s a list of items that should be kept in your safe deposit box. I found this list in an out-of-print book titled “The Money Club” by Marilyn Crockett, Diane Terman Felenstein, with Dale Burg. Duplicates of the items marked with an “*” should be kept in your home financial files for quick reference. Make sure a responsible family member or friend is aware of your safe deposit box, where it is kept, and how to gain access to it, should something happen to you." |
| What to Do if Your Credit Card or Wallet is Stolen | "We provide 5 simple steps that guide you through the process. Please note that the first step should be done by everyone -- now -- it will make dealing with any emergency in which your credit card is stolen or lost much simpler." |
| Credit, ATM and Debit Cards: What to do if They're Lost or Stolen | "Report the loss or theft of your credit cards and your ATM or debit cards to the card issuers as quickly as possible. Many companies have toll-free numbers and 24-hour service to deal with such emergencies. It's a good idea to follow up your phone calls with a letter. Include your account number, when you noticed your card was missing, and the date you first reported the loss." |
| Credit Card Fraud | "One of the easiest ways for criminals to commit fraud is by stealing credit card numbers and using them for a short period. That may not sound like the easiest thing to do because your credit card never leaves your wallet. You would know it if your card was missing for even a day or so. But still, it’s easier than you think." |
| Debt Relief Options | "If you are faced with mounting debt, or just want to learn more about budgeting and debt management, the information in the links below can help:" |
| "What better time to talk about equality in marriage than when the two of you have never felt closer? You both need to commit to equality in marriage from the start. It is particularly important to create a prenuptial agreement (also referred to as premarital agreements and marriage contracts) that reflects equality in financial matters." | |
| Creating A Prenuptial Agreement | |
| Prenuptial Agreements | "A prenuptial agreement, sometimes called a premarital agreement, is a contract between people who intend to marry which governs what will happen to their assets in the event of divorce. " |
| Everything You Need To Know About Prenuptial Agreements | "Nothing can kill romance faster than the word prenup. But with about one in three of all first marriages ending in divorce, and 50 percent of second or third ones hitting the skids, a prenup is smart financial planning, legal and financial experts say." |
| Premarital Agreements | "Pre-Marital Agreements (also called "pre-nuptial" or "ante-nuptial agreements") are binding legal contracts between you and the one you intend to marry." |
"Unmarried couples, whether they are same sex or opposite sex, use private contracts, such as cohabitation agreements, wills, and trusts, to protect their assets. Increasingly, unmarried same sex couples are being allowed to register with government entities as domestic partnerships." |
|
| Unmarried Couples & the Law | |
| Common-Law Marriage | "To be defined as a common-law marriage within the states that allow it, the two people must: agree that they are married, live together, and present themselves as husband and wife. Common-law marriage is generally a non-ceremonial relationship that requires "a positive mutual agreement, permanent and exclusive of all others, to enter into a marriage relationship, cohabitation sufficient to warrant a fulfillment of necessary relationship of man and wife, and an assumption of marital duties and obligations." |
| How To Know if Your Common-Law Marriage Is Recognized | Only a few states in the United States recognize common-law "marriages." |
| Common Law Marriage FAQ | "Learn what common law marriage is and in what states it's recognized." |
| Common Law Marriage | "As a result of the laws of different states, actions which can result in common law marriage in one state may not provide any legal rights or protections in another." |
| Common Law Marriage FAQ | "Learn what common law marriage is and in what states it's recognized." |
| "Within the already controversial realm of gay rights, no area is more controversial than gay marriage. For some, the idea that homosexual couples should have the same matrimonial benefits as heterosexual couples is purely a question of civil rights." | |
| Same-Sex Couples and the Law | |
| ACLU - Relationships | "The ACLU believes the only way to protect the freedoms outlined in the Bill of Rights is to guarantee that everyone, no matter how unpopular, has the same rights." |
| Gay and Lesbian Rights / Sexual Orientation Discrimination | "Information on the legal rights of gay and lesbian individuals and same-sex couples, including the right to be free from discrimination based on sexual orientation." |
| Issues Affecting Gay, Lesbian, Bisexual And Transgender Families | (PDF) "Regardless of sexual orientation or gender identity, our families provide many of the narratives that most profoundly shape each of our lives: love stories of great warmth and joy, eulogies to loss and pain, anecdotes that make us laugh and those that may make us cry." |
| Hate Crimes and Criminal Civil Rights Violations | "A civil rights violation may become a crime if it involves the use (or threat of use) of force. Hate crimes are intended to hurt and intimidate someone because of their race, ethnicity, national origin, religious, sexual orientation, or disability." |
| Lesbian, Gay, Bisexual And Transgender Project | "Since the first marriage lawsuit for same-sex couples in 1972, the ACLU has been at the forefront of both legal and public education efforts to secure marriage for same-sex couples and win legal recognition for LGBT relationships. " |
| Lambda Legal | Status of Same-Sex Relationships Nationwide |
| Same-sex Marriages , Civil Uunions & Domestic Partnerships | We often hear that the institution of marriage was created in an era before governments as a union between one man and one woman, and has remained unchanged ever since -- that is, until some people started successfully advocating for same-sex marriage. This is factually untrue. There are, for example, at least eight different marriage and family types mentioned in the Bible. Even within the U.S., the definition of "marriage" has gone through many major changes over the past century and a half." |
| "Adopting a child can be one of the most rewarding experiences of your life. However for adoption beginners, the adoption process can seem overwhelmingly complicated, time consuming, and frustrating--especially if you are eager to get started. " | |
| Adoption: Where Do I Start? | |
| Adoption Law in Canada | "Because of the profound legal consequences adoption causes for the child and his or her new parents, some provinces have wisely set special ages which must be attained by the applicant adoptive parent before an application for adoption can be made." |
| The Adoption Law Center | "Adoption is the process through which the natural parents' rights and obligations toward their children) are terminated, and the adoptive parents assume these rights and obligations. Once a child has been adopted, the natural or birth parents are no longer responsible for their child; the obligations that they have toward their child, likewise, cease to exist." |
| Adoption Law in U.S. | "All 50 states have statutes governing adoption as defined under the Uniform Adoption Act . The code defines the process by which a legal parent-child relationship is created between individuals without biological relation. In some states, doctrines of "equitable adoption" allow courts to recognize adoptions when not all statutory procedures have been carried out." |
| US State by State Adoption Information Pages | With Links to other adoption information sites |
| The Adoption Guide | "There’s more than one way to build a family—and adopting a child into your home and your hearts is one of the most wonderful. But how do you figure out if adoption is right for you—and how do you get started? You’ll find the answers to your questions here." |
| Adoption Law | "Family Law - Adoption Law Information" |
| Canadian Adoption Laws | With links to other sites. "There are about the same number of adoptions in Canada each year; about 2,000 domestic adoptions and about 2,000 adoptions from foreign countries." |
| Foreign Adoption | "Every country has requirements for prospective parents. Generally, these fall within certain age and income parameters. But, you may also be asked about the number of children you already have, as well as questions designed to indicate the stability of your marriage." |
| " If you and your spouse cannot solve your problems and a divorce is in the cards, you're probably concerned about what happens next. Divorce can be an extremely complicated process and the divorce laws are different from state to state.This information is designed to provide you with an overview of the entire, complex divorce process. " | |
| The Divorce Process | |
| Family Law | "Family law issues usually arise in the context of divorce proceedings, child custody disputes, and child protective proceedings. Child protective proceedings arise when the state, acting to protect minor children, attempts to place children into foster care, or to terminate parental rights and to place the children for adoption." |
| Marriage | "Marriage is chiefly regulated by the states. The Supreme Court has held that states are permitted to reasonably regulate the institution by prescribing who is allowed to marry, and how the marriage can be dissolved. Entering into a marriage changes the legal status of both parties and gives both husband and wife new rights and obligations. One power that the states do not have, however, is that of prohibiting marriage in the absence of a valid reason." |
| Canadian Civil Marriage Act | " For greater certainty, a marriage is not void or voidable by reason only that the spouses are of the same sex...." |
| Canadian Divorce Law | "There is one ground for divorce in Canada: "breakdown of marriage." This ground is established if: The spouses have lived apart for at least one year immediately preceding the divorce judgment; The defendant spouse has committed adultery; or The defendant spouse has treated the plaintiff spouse with physical or mental cruelty of such a kind as to render continuation of the marriage intolerable. " |
| Glossary of Divorce Terms | "Getting a divorce is a confusing process that can be made even more confusing when the legal terminology is added to the mix. To help you, we've put together a Glossary of some frequently used words in a divorce." |
| Alimony | "Alimony is also referred to as “maintenance” in some states. In the majority of cases, alimony is paid to the wife from the husband, although the wife may be required to pay alimony if the husband is the homemaker and primary caretaker of the children." |
| Divorce Law | "Many states have enacted what is called no-fault divorce statutes. This is a response to outdated common law divorce which required proof in a court of law by the divorcing party that the divorcee had done one of several enumerated things as sufficient grounds for the divorce." |
| Divorce Law in Canada - An Introduction | "The Canadian constitution says that only the federal government can set divorce law. The Government of Canada has a Divorce Act, and because it is a federal law, it applies fully and equally in all parts of Canada." |
| Top 10 Things NOT to Do When You Divorce | "As anyone who's gone through a divorce can tell you, the process is rarely easy. Tensions run high, and couples often make poor decisions in the heat of the moment. Given the mountain of financial, practical and emotional details that have to be sorted, it's not surprising so many couples wind up making critical mistakes on the road to divorce." |
| State Divorce Resources and Laws | " The state divorce resources directory lets you easily access divorce laws by state, child support guidelines and calculators, as well as divorce lawyers and professionals. " |
| Pet Custody After Divorce | "Conflicts over a pet can be just as important to divorcing spouses as any issue when both spouses have developed a special connection to a companion pet and wish to maintain it. This feeling can be even greater where the couple has no children, and the dog or cat has taken on the role of the couple's "child." " |
| Divorce 5 | "Divorce, also known as “dissolution of marriage,” occurs when a marriage is legally terminated. Divorce law governs the sometimes complicated process of divorce, helping to determine how property and assets are divided as well as who will have custody of any children the couple may have. " |
| Annulment Law | "An annulment is a decree that a marriage was invalid from its outset. Whereas a divorce brings a valid marriage to an end, an annulment is a legal decree that effectively undoes the marriage, such that in the eyes of the law the marriage did not ever exist." |
| Marriage Annulment | "A marriage annulment is a legal procedure that dissolves a couple's marital status by establishing that a valid marriage never existed. In effect, it nullifies the marriage, returning the parties to their prior single status. It's a common misconception that short marriages can be annulled, but the length of the marriage is not a qualifying factor." |
| State Marriage Laws | "This table links to the marriage laws of the states and attempts to summarize some of their salient points. Those interested in the marriage law of a particular jurisdiction should review its law directly rather than rely on this summary which may not be fully accurate or complete." |
| State Divorce Laws | "This page links to the divorce laws of the states and to tables summarizing some of their salient points. " |
| "Guardianship or conservatorship is a legal relationship between a competent adult or "guardian" and a person who is no longer able to make his own responsible decisions or "ward." such as the legal guardianship of a minor child. The legal guardianship is appointed by a court and can be authorized to make legal, financial, and health care decisions for the ward." | |
| Guardianship or Conservatorship | |
| Child Custody | "Under the common statutory provision, the parents of a child born within a marriage are joint guardians of that child and the rights of both parents are equal--each parent has an equal right to the custody of the child when they separate." |
| Child Custody | "Parents who are contemplating divorce often have many concerns about who will have custody of the children and how the costs of raising them will be divided. Even when a divorce is “friendly,” each parent is advised to seek out his or her own lawyer to be sure their rights and those of the children are protected." |
| The Twenty-Three Commandments of Child Custody --Canadian Divorce Act | "This is not legal advice but is general legal information only. Never try to resolve an actual child custody situation based solely on these Twenty-Three Commandments. Especially where child custody is a real issue, you should seek competent professional or legal advice before making any decisions." |
| Child Custody Laws | "Child custody is a term that refers to the bundle of rights and responsibilities that a parent carries with respect to his/her child. Child custody includes numerous concepts, some of which overlap and some that are distinct. The term child custody can be further broken down into terms that shed additional light and provide a greater understanding of the respective parents rights and obligations with respect to their common child." |
| Establishing and Contesting Paternity | "Contested paternity actions arise either as private actions, or are brought by the state. A private action for paternity is usually meant primarily to secure child support payments from the father, or parenting time with the child. The state will usually commence a paternity action through a prosecutor's office where the mother applies for state assistance, so the state may obtain full or partial reimbursement of any grant of aid from the child's father." |
| Children & Divorce | "If you have children and divorce is either a possibility or a reality, you are probably experiencing a whole new set of emotions in your life. Where you once worked together as a team on issues concerning the children, you may now find yourself battling over every little thing. " |
| Child Support Law | "Child support payment is a court-ordered amount that the non-custodial parent must pay to the custodial parent to cover a proportionate amount of the child's expenses, including housing and utilities, food, clothing, education expenses, and other costs. Both parents have an obligation to support their children, both before and after a divorce." |
| "Domestic violence is abuse between family members or related persons. Domestic violence may come in many forms: actual physical abuse, threats of physical abuse, emotional abuse, threatening telephone calls, disturbances at a place of employment, stalking, and other forms of dominance and control. Domestic violence is distinguished from other kinds of abuse because of the special relationship between the persons." | |
| Domestic Violence Center | |
| Domestic Violence Law | "Domestic violence law and the term "domestic violence" usually refers to crimes involving domestic abuse, such as child abuse and child neglect, spousal abuse or domestic-partner abuse, and elder abuse." |
| Domestic Violence | "According to the US Department of Justice, 1/3rd of the women murdered in America between 1976 and 1999 were killed by their husband, ex-husband, or boyfriend. " |
| Domestic Violence | "Domestic violence is a frightening but all too common issue. Being aware of your rights and how to prevent or stop domestic abuse is important." |
| Canadian Family Violence Law | "The Criminal Code does not have a specific "family violence offence". However, an abuser can be charged under the Criminal Code as follows:....." |
| What is Family Violence (Canada) | ""Family violence" is a term that includes the many different forms of abuse, mistreatment or neglect that adults or children may experience in their intimate, kinship or dependent relationships. As our understanding of the nature and extent of violence within intimate relationships and families improves, and our insight deepens, the definition of family violence continues to evolve." |
| Fighting False Allegations of Domestic Abuse | "Domestic Abuse is a significant problem. However, the way the system handles that issue has created, perhaps an even greater danger related to false allegations of abuse. They permeate divorce, legal separation and custody proceedings often as a strategy to seek an advantage in a custody case." |
| Codependence | “Codependent behavior will often be at the root of relationship problems, and will impact your overall satisfaction in life. This is because the thought process of codependency is very deeply integrated into your self concept and level of self esteem.” |
| Are You Being Abused? | "Respect is another word for love. You deserve respect in a relationship and should leave any relationship where respect is not shown." |
| Abuse: An Introduction | “Abuse occurs when people mistreat or misuse other people, showing no concern for their integrity or innate worth as individuals, and in a manner that degrades their well being. Abusers frequently are interested in controlling their victims. They use abusive behaviors to manipulate their victims into submission or compliance with their will.” |
| The Signs of Verbal Abuse | “Verbal abuse is a form of domestic violence and often is a precursor to physical violence. It can be difficult to recognize verbal abuse and often excuses are made for it. Understanding what constitutes verbal abuse is explained here.” |
| Passive Aggressive Behavior | “Passive aggressive behavior expresses negative feelings, resentment, and anger; and it does so in an unassertive passive way” |
| Understanding Mental and Emotional or Psychological Abuse. | "A common form of emotional abuse is "I love you, but..." That sounds so sweet, yet it is both a disguised criticism and a threat. It indicates, "I love you now, but if you don't stop such-and such, that love is of short duration."" |
| Domestic Violence | “If you find yourself in a relationship that involves physical abuse, verbal abuse, threats or other types of attempts to control your life or freedom, this is not a safe relationship to be part of at this moment.” |
| Handling Guilt | What is guilt and how can you overcome this feeling? |
| Ten Destructive Habits That Demolish Trust | “There are 10 destructive habits that you should stay away from if you truly want to rebuild the trust in your relationship and make it thrive again.” |
| "Are you having trouble fighting the feeling that you spouse is being unfaithful? Do you frequently second guess yourself, your feelings, or the situation? The truth is, many people have the feeling, at one time or another, their spouse has been unfaithful but generally brush their suspicions off as “nonsense” or “being paranoid.”" | |
| The Top 15 Signs of Infidelity | |
| Common Relationship Problems | “Relationships are constantly changing; they may include perfect moments but in a sustained relationship there are many highs, lows and lengthy plateaus. Even in strong partnerships there will be times when changes happen and you may hit rockier patches.” |
| Relationship Breakdown Signs & Signals | “Occasionally, relationships break down without any apparent sign that there is something wrong - sometimes one partner chooses to leave for reasons they never share. However, in the majority of cases the breakdown of a relationship is more gradual with clear signs and signals along the way.” |
| Affairs & Infidelity | “Extramarital affairs, infidelity, betrayal or adultery don't have to mean the end of your relationship or marriage. Surviving infidelity in your relationship or marriage can actually be easier than you might think.” |
| Surviving an Extramarital Affair | “Adultery is a heart-breaking betrayal, whether it's emotional cheating or physical intimacy with another person. Here are five steps to surviving an extramarital affair.“ |
| Infidelity | “Infidelity can range from a one night drunken mistake to a long term, planned and calculated affair. Infidelity doesn't have to mean the end, but is likely to have a long term impact on your relationship.” |
| Surviving Adultery: How to Survive and Overcome Adultery | "Adultery is devastating to any marriage, regardless of the circumstances under which adultery might have occurred. Unfortunately, adultery is all too common is the cause of pain and anguish to many couples." |
| 15 Steps to Surviving an Affair | “Healing from infidelity is hard, painful work; both of you must be committed to repairing the damage, rebuilding trust, and reconnecting. On the agenda: The unfaithful spouse must be willing to stop the affair, provide all details honestly and completely, and take the steps necessary to prove his or her trustworthiness.” |
| After the Affair | “Finding out your partner is having, or has had an affair is one of the worst things that can happen in a relationship. It is a demoralizing and painful experience.” |
| How to Survive an Affair - Take Care! | “Surviving an affair can be a very traumatic experience. Partners tend to know which strings to pull to antagonize the situation especially if there are children involved.” With links to related articles. |
" A series of Supreme Court decisions severely limits what restrictions states can impose on abortion. About the only restrictions the Court will allow states to impose are:...." |
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| Summary of US State Abortion Laws | |
| Abortion Law in Canada | "Abortion is not a crime in Canada. But it is an area of the law where, beyond that simple fact, the waters are very murky. In a nutshell, the Supreme Court of Canada said that the section of the Criminal Code which made abortion a crime was of no force or effect so it is as if that section did not exist. " |
| History of Abortion | "Over several centuries and in different cultures, there is a rich history of women helping each other to abort. Until the late 1800s, women healers in Western Europe and the U.S. provided abortions and trained other women to do so, without legal prohibitions. " |
| Abortion History | "In the United States, abortion laws began to appear in the 1820s, forbidding abortion after the fourth month of pregnancy. Through the efforts primarily of physicians, the American Medical Association, and legislators, most abortions in the US had been outlawed by 1900." |
| Abortion Information | "Established in 1980, FWHC is a nonprofit organization that promotes and protects a woman's right to choose and receive reproductive health care. " |
| National Abortion Federation | "Abortion has been performed for thousands of years, and in every society that has been studied. It was legal in the United States from the time the earliest settlers arrived. At the time the Constitution was adopted, abortions before "quickening" were openly advertised and commonly performed." |
| Abortion Law Development: A Brief Overview | "In Roe v. Wade, 410 U. S. 113 (1973), the U. S. Supreme Court determined that the Constitution protects a woman's decision whether or not to terminate her pregnancy. In a companion case, Doe v. Bolton, 410 U. S. 179 (1973), the Court held further that a state may not unduly burden a woman's fundamental right to abortion by prohibiting or substantially limiting access to the means of effectuating her decision" |
| Teen Abortion Laws | "At this time in the United States abortions are legal. However, for teenagers under the age of 18, the laws on abortions differ from state to state." |
| All About Abortion | "Is it legal? Is it safe? What about parents? Cost?" |
| Anthony Comstock's "Chastity" Laws | "The driving force behind the original anti-birth control statutes was a New Yorker named Anthony Comstock. " |
| Family Planning, Abortion& Birth Control | "Family planning involves decisions made by women and men concerning their reproductive lives and whether, when, and under what circumstances they have children." |
| The History of Birth Control | "Educating and counseling adolescents about contraception requires repeated presentation of the same information in a variety of ways. Students, formal and informal educational backgrounds, learning aptitudes, levels of moral reasoning, and emotional maturity will affect how they receive and process information pertinent to their personal lives." |
| Planned Parenthood | "We are a trusted health care provider, an informed educator, a passionate advocate, and a global partner helping similar organizations around the world. Planned Parenthood delivers vital health care services, sex education, and sexual health information to millions of women, men, and young people." |
| Family Planning Council | "The Council's mission is to ensure access to high quality, comprehensive, reproductive and related health and prevention services to primarily low-income individuals and families. The Council develops, manages, and promotes programs that are innovative, research-based and responsive to women, men and adolescents." |
| Natural Family Planning | "Natural family planning is a method used to help a couple determine when sexual intercourse can and cannot result in pregnancy." |
| National Right to Life | "The National Right to Life Committee was founded in 1973 in response to a United States Supreme Court decision released on January 22 of that year, legalizing the practice of human abortion in all 50 states, throughout the entire nine months of pregnancy." |
| Right to Life Australia | "We stand up for the vulnerable little baby in the womb. Abortions are government funded through Medicare. It is a travesty that Australian taxpayers have to support mass killing and pay for the wealthy incomes of abortionists." |
| American Right to Life | "American Right To Lifeexists to provide leadership in the fight to advocate enforcement of God's enduring command, Do not murder" |
Elder Law
Elder Law
Elder Law |
"Established in 1987, the Academy provides a resource of information, education, networking and assistance to those who deal with the many specialized issues involved with legal services to the elderly and people with special needs." |
| National Academy of Elder Law Attorneys | |
| Certified Elderly Attorneys | "An increasing number of lawyers are choosing to be recognized as having special knowledge and experience by becoming certified specialists in certain fields of law." |
| Links to Elder Law Issues in Canada | "Canadian Elderlaw Centre & Trusts & Wills & Estates" |
| Elder Law Topics | "Elder Law is a relatively new specialized field of law that deals with the issues faced by the fastest growing segment of the US population, the elderly. It combines elements of Estate Planning, Wills and Trusts, Conservatorship, Health Care Planning and Medicare/Medicaid Planning." |
| Social Security Law | "In addition to retirement benefits, those who are disabled, dependent for support upon someone who receives social security income, and those who are a widow, widower, or child of someone who has died are eligible for benefits - if they meet the requirements." |
| Elder Law Answers | "ElderLawAnswers supports seniors, their families and their attorneys in achieving their goals." |
| Senior Law Home Page | "This is a Web site where senior citizens, their families, attorneys, social workers, and financial planners, can access information about elder law, Medicare, Medicaid, Medicaid planning, guardianship, estate planning, trusts and the rights of the elderly and disabled." |
| National Elder Law Foundation | "Dedicated to the development and improvement of the professional competence of lawyers in the area of elder law, and which is working to have the specialty recognized by judicial authorities and the organized bar in the United States. " |
| ElderLaw 101 | "Find in-depth explanations of these key elder law topics." |
| The Elder Law Journal | "The Elder Law Journal is an academic publication published twice annually by the students of the University of Illinois College of Law. The Elder Law Journal is the oldest scholarly publication in the country dedicated to addressing elder law issues." |
| "Under the new provisions, before a senior qualifies for Medicare assistance into a nursing home, they must spend-down their assets. These new restriction have a 5 year look-back, used to be 3 years. And used to be that each spouse had a one-half interest in the marital property, it now appears that all the marital assets are to be spent-down." | |
| Senior Medicaid Asset Protection | |
| Elder Rights | "Global Action on Aging advocates for the protection of older persons as a key element of the human rights movement. Increasingly subject to physical and emotional abuse, theft, negative stereotyping and discrimination, older persons often feel vulnerable and frightened." |
| Elder Care Rights Alliance | "Offers guidance, advocacy, and education to families, community members, elders, and professionals. We offer solutions, awareness, and prevention strategies regarding elder care and safety issues. We provide confidential services for victims of elder abuse." |
| Civil Rights: Elder Law | Links to resources. |
| Agency of Againg: Elder Rightd | (Arizona example) "This service helps older adults with issues concerning government benefits, housing, wills, probate, guardianships, and other legal matters." |
"WIA prohibits discrimination on the grounds of race, color, religion, sex, national origin, disability, political affiliation or belief," |
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| Equal Employment OpportunityAge Discrimination | |
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Age Discrimination: Overview of the Law
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"The Age Discrimination Act of 1975 prohibits discrimination based on age in programs or activities that receive federal financial assistance." |
| Your Rights Against Age Discrimination | "State and federal laws protect workers from discrimination based on age. " |
| How Old is Too Old? | "Believe it, or not, job seekers are reporting age discrimination beginning as early as the mid-thirties. By the time you reach your forties, you can be considered washed up in some industries." |
| Age Discrimination Law | "Laws and related resources on age discrimination." |
| Coverage of Age Discrimination and Disability Discrimination Laws | From the American Foundation for the Blind |
| Race and Age Discrimination in Lending Documented | "This study shows clearly that two banking systems exist in America. If you live in a white neighborhood, you will get a market rate loan. If you live in a predominantly minority or elderly neighborhood, you will get a high cost loan." |
| Federal Laws Prohibiting Job Discrimination | "The CSRA prohibits any employee who has authority to take certain personnel actions from discriminating for or against employees or applicants for employment on the bases of race, color, national origin, religion, sex, age or disability." |
| Age Discrimination In Employment Law | "With significant court decisions regarding age discrimination in employment having been handed down in the past year, it’s more important than ever to have the most updated information available." |
| "Guardianship or conservatorship is a legal relationship between a competent adult or "guardian" and a person who is no longer able to make his own responsible decisions or "ward." such as the legal guardianship of a minor child. The legal guardianship is appointed by a court and can be authorized to make legal, financial, and health care decisions for the ward." | |
| Guardianship or Conservatorship | |
| Guarding the Interests of Our Parents | "Most people are familiar with naming a legal guardian for a child when the parents are unavailable or unable to care for the child. As the population matures, more people are also becoming aware of the reverse situation, naming a guardian for an adult parent." |
| Power of Attorney, Personal Custodian and Guardianship | "A power of attorney is created by a written document stating the names of both the principal and the attorney in fact, along with the specific powers given to the attorney in fact. " |
| Who Will Look After the Elderly? | "There are two risks that every reader of this column runs. The certain risk is that you will grow old. The contingent risk is that you may suffer some catastrophic accident that renders you disabled or incapable." |
| What Is A Care Custodian Under Probate Code | (California Example - PDF) "The authors believe that “care custodian” should be broadly construed to maximize the protection of the elderly." |
| "Every year an estimated 2.1 million older Americans are victims of physical, psychological, or other forms of abuse and neglect. For every case of elder abuse and neglect reported to authorities, experts estimate that there may be as many as 5 cases not reported. Research suggests elders who have been abused tend to die earlier than those who are not abused, even in the absence of chronic conditions or life threatening disease." | |
| Elder Abuse | |
| Nursing Home Abuse | "The Nursing Home Abuse Center is an informational website committed to providing comprehensive information on nursing home abuse and neglect for the elderly and their loved ones." |
| Nursing Home Abuse | "Elder law is intended to protect individuals from nursing home and elder abuse. However, as the older population increases, nursing homes are increasingly understaffed and unable to meet the demands of caring for patients." |
| Canadian Elder Law | "When a person dies without a will, all of that person's property is distributed according to a formula fixed by law. Without a will, legal costs are increased. It can also lead to hard feelings. Finally you will have no say as to who will look after your affairs after you have gone." |
| Nursing Home Abuse - Overview | "Older people are sometimes actually physically and/or psychologically harmed by the negligent or intentional acts of their caregivers. In institutional settings, several factors have been shown to contribute to the abuse or neglect of residents, including: poorly qualified and inadequately trained staff; staff with a history of violence; inadequate numbers of staff; the isolation of residents; and, the reluctance of residents to report abuse out of embarrassment or fear." |
"Throughout North America, committing suicide or attempting to commit suicide is no longer a criminal offense. However, helping another person commit suicide is a criminal act. " |
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| Euthanasia & Physician Assisted Suicide |
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| Should Euthanasia or Physician-Assisted Suicide be Legal? * | "This site presents in a simple, nonpartisan pro-con format, responses to the core question "Should euthanasia or physician-assisted suicide be legal?" We have divided questions about the topic into the issues and sub-issues listed below." |
| Voluntary Euthanasia | "The entry sets out five individually necessary conditions for anyone to be a candidate for legalized voluntary euthanasia (or, in some usages, physician-assisted suicide), outlines the moral case advanced by those in favour of legalizing voluntary euthanasia, and discusses five of the more important objections made by those opposed to the legalization of voluntary euthanasia. " |
| Arguments Against Euthanasia | "Even where a specific life expectancy (like six months) is referred to, medical experts acknowledge that it is virtually impossible to predict the life expectancy of a particular patient. Some people diagnosed as terminally ill don't die for years, if at all, from the diagnosed condition. Increasingly, however, euthanasia activists have dropped references to terminal illness, replacing them with such phrases as "hopelessly ill," "desperately ill," "incurably ill," "hopeless condition," and "meaningless life."" |
| The Arguments For Legalising Voluntary Active Euthanasia | "The arguments about euthanasia can take many forms and the reasons put forward here are by no means exhaustive but aim to capture the essence of the debate and are written in conjunction with the arguments against." |
| An Argument for Euthanasia | "Euthanasia can be traced back as far back as the ancient Greek and Roman civilizations. It was sometimes allowed in these civilizations to help others die. Voluntary euthanasia was approved in these ancient societies." |
| Euthanasia.com | "We are committed to the fundamental belief that the intentional killing of another person is wrong. We have deep sympathy for those people who are suffering." |
| Euthanasia in Canada | "Assisting suicide or intentional killing, even to reduce suffering, is criminal conduct. Doctors are also under legal obligation to ensure that patients, for whom a risk of suicide exists, are prevented from harming themselves. On the other side of the coin, Canadian citizens have a basic right to refuse medical care and treatment and they have a right to decide what medical treatment they accept or reject, even if the rejection of a life-saving procedures leads to their death." |
| Euthanasia in Hospices | "Hospice Patients Alliance affirms that all human life is inherently valuable and that the role of hospice nurses, physicians and all other staff is to alleviate suffering and provide comfort for the sick and dying without sanctioning or assisting their suicide. A death with dignity allows for a natural death in its own time, while doing everything possible to assure relief from distressing symptoms. " |
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