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5 Legal Terms That Every Citizen Should Know

admin — Sun, 12 Feb 2012 00:00:00 +0000

Legal terms seem to be everywhere you turn. They are on television, radio, billboards, and even the Internet. If you are not a lawyer, it seems that you cannot make heads or tails of all the legal mumbo-jumbo. However, in today’s society, there are five important legal terms that every citizen should know. Everyone should know these because they can make a major financial, or even life and death, impact on your life, or the life of someone you love.

The first term is Habeas Corpus. This constitutional right puts the burden of proof on the legal system if you are being held by the police. If you have not been charged with a crime, you have the right to know why you are being held. The court must issue you a writ of habeas corpus, which is to tell you, or your attorney, why you are being held. If no viable reason can be given, you are to be let go immediately.

The second term is Double Jeopardy. Double jeopardy makes it illegal to charge someone with the same crime after they have been found not guilty. If you steal a car and then are found innocent, you cannot be charged with that same crime ever again.

Another power legal term is Power of Attorney. This is a very powerful document in legal terms. Power of attorney gives another person the right to speak or act on your behalf if you should ever become incapacitated or injured.

The fourth legal term that everyone should know is Bankruptcy. Bankruptcy gives a debtor a plan to follow that allows for the repayment or abolishment of certain debts. In an unstable job market, this is invaluable legal term to know and understand.

The fifth legal term to know is Statute of Limitations. This can be for crimes but also outstanding debts. Those outstanding debts that may show up on your credit report could be taken off because they fall under your state’s statute of limitations.

Thing to Consider Before Law School

admin — Fri, 13 Jan 2012 00:00:00 +0000

Whether you want to become a lawyer to defend the people (“My Home Security System scared that robber away, but not before he stole my bike!”) or big corporations (“We’ve got rights, too!) you’ve got a long road ahead of you. Here are a few things to consider before heading back to law school
No More Life: If you like socializing and NOT studying, law school is not for you. You’ll never be busier than when you’re earning that JD and it doesn’t stop there – the bar is next and then years of apprenticeships or entry level jobs.
Long Hours: Even if you land a great gig right out of school you’re likely going to be working consistent 14-18 hour days. You read that right – corporate lawyers in particular are known to sleep in their offices and head to the gym around 3am.
Overstock: There are currently more young lawyers than there are jobs in the US and that’s not a good thing. Unless you’ve got some type of “in” somewhere or a guaranteed position when you graduate you may find yourself with a load of loans and no job.

The Reason Why Some Trials Do (Or Don’t) Have Juries

admin — Mon, 26 Sep 2011 00:00:00 +0000

A jury trial is often considered to be a basic right. In the United States, the sixth amendment gives criminal defendants the ‘right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed’. This does not mean all defendants have the absolute right to a jury trial. Cases involving violations, child custody and many juvenile cases are not usually tried by jury.

The right to a jury trial can also be waived by the defendant. If the court approves then the case will be tried by a bench trial, where the judge determines guilt and innocence. In many cases whether a trial has a jury or not depends on which kind of trial the defense lawyer thinks will best serve the interests of his or her client. Also often a consideration is the fact that jury trials, by nature, are more expensive and time consuming. The process of selecting a jury is complicated and lengthy and sometimes has to be repeated. So, in some cases, a defendant charged with a minor crime or misdemeanor may request a bench trial because it is cheaper. In other cases,he may do so on the advice of his lawyers because legal aspects of the case would be hard for a jury to understand. A jury trial is often a better option if regular people are likely to take the defendant’s side, for example in cases involving ridiculous or stupid laws.

Jury Vs. Judge: Who Decides What?

admin — Sun, 25 Sep 2011 00:00:00 +0000

During a trial the functions of the Judge and those of the Jury differ in basic, but important roles.
The Judge will oversee that the court proceedings are followed in accordance with the law. He, or she, will preside the case and decide on applicable law for each specific case. They rule on the admissibility of the evidence to be presented, on the scope of the witness testimony and reliability of the expert witness. Those decisions made by a Judge regarding the admissibility of the evidence to be presented to the Jury if often done without the presence of the Jury. A Judge determines which of the evidence to be presented to the Jury is pertinent to the case, admissible by law and reliable.
The Jury decides on the veracity of the evidence presented during trial, the credibility of the witness and make a decision based on those. This decision is based based on the facts presented to them during the trial. After deliberation of the evidence the jury will present their conclusions. On a Jury trial they are the only evaluators of the evidence and only they can make a decision. Once a Jury decision is made their role in the trial is over.

Civil Vs. Criminal: What’s The Difference?

admin — Sat, 24 Sep 2011 00:00:00 +0000

Judicial matters can often become confusing in terms of litigation; the differences between civil and criminal proceedings are as follows:

Civil law suits can vary from tenant/landlord disputes to wrongful death claims. Those who bring about civil judgments are called “plaintiffs’ while the accused parties are called “defendants.’ One of the major differences between civil and criminal law is that defendants in civil litigation are never subject to jail time. The common denominator in most civil claims is the amount of revenue to be awarded or reimbursed to the plaintiff, which falls under the category of punitive damages. Smaller claims are handled by a residing arbitrator, as opposed to larger claims that may require a judge, jury, and proper representation.

Criminal cases such as arson, assault, murder, or sexual crimes are handled through due process. The accused will initially be arrested and given Miranda rights; depending on the nature of the crime, bail will either be set or remanded. If the case is brought to trial, prosecuting counsel will attempt to convince the jury beyond a reasonable doubt that the accused is guilty. Following a jury deliberated verdict, the defendant will either be set free or spend time behind bars.

20 Hilarious State And Federal Laws

admin — Tue, 20 Sep 2011 00:00:00 +0000

Laws are necessary to govern people and to maintain order. People in the county of Bergen, NJ cannot buy liquor anywhere in that county. In some US states such as California and Alaska, a motorist can be fined for driving too slowly. A federal law makes it illegal for an individual to disclose a fake Weather forecast.
In Los Angeles, CA it is illegal to bathe two babies in the same tub at the same time, so much for bonding. Also from the same state, one cannot wear a mask or disguise in public without a permit from the Sheriff.
It is illegal for unmarried individuals to perform lewd acts and to also perform unnatural acts with others in the state of Connecticut. In Indiana, it is disallowed for a horse to be ridden at a speed of more than 10 miles per hour. In Topeka, Kansas wine cannot be served in tea cups and in Kentucky State, a female cannot walk along a highway in a bathing suit. In Maryland, it is illegal to take lions to the movies. It is against the law in NY to hit someone on the head with a ball. In Nevada, it is illegal for one to dance or walk in a marathon. In Iowa, it is illegal for a man to wink at a female that they do not know. In Louisiana, sagging pants is unlawful and fines of 150 plus court costs and 15 days in jail.