Lawyers and Legal Advice Archive

Freelance writers are, by definition, people who earn their livelihood from their ability to produce and sell words. In order to protect themselves, their reputations and their markets some knowledge of the law is necessary. …

A codicil is a legal document that amends or changes an existing will. Codicils are generally used to make minor changes to a will. Most lawyers will not choose to use a codicil to make …

The Criminal Injuries Compensation Authority (CICA) is a British government body which provides compensation for victims of violent crime. Individuals must meet certain criteria to qualify for CICA compensation, including that the compensation sought is over …

The Federal Rules of Civil Procedure govern the handling of a civil lawsuit as it progresses through the phases of pleading, discovery, motions, pretrial practice, and trial. During the discovery phase, each party discloses to …

If you own a motorcycle, you should be aware of safety precautions. Every time you get on your bike, whether to ride down the interstate or through less-populated back roads, you run the risk of …

Pluralism is a belief that a multitude of different groups maintain power within the United States of America in a variety of ways. Although the term pluralism itself can pertain to a multitude of topics, …

In English law, defining reasonable doubt is very important in criminal trials. Jurors must find a criminal defendant guilty “beyond a reasonable doubt”. The proof in civil matters is a much lower standard, that of …

Effectiveness. One of the most important aspects of our criminal justice system. Every part of the criminal justice system attempts effectiveness, but the question is, does it really achieve effectiveness? More specifically, does the death penalty achieve …

Redemption rights on foreclosed properties are the rights that are granted to the homeowner to “reclaim” their property by paying their mortgage in full. In Massachusetts, homeowners are not provided these rights except in very …

            There is an institution in the United States called “common law marriage.”  This is a state of marriage entered into by adults who have decided to form a marriage without …

Murder and manslaughter are both charges against a person who, by their actions, has caused the death of another person (or people). The essential difference between murder and manslaughter is that a person who knowingly …

Under UK law, a spent conviction is a conviction which has become spent under the laws of the Rehabilitation of Offenders Act of 1974.  According to legislation.gov.uk, which provides a database of all UK laws …

If you are caught driving drunk in Texas it is likely you could find yourself being charged with a DWI. What most people don’t realize about the DWI process is that a qualified Texas DWI …

While the law helps in maintaining peace and security in a society, there might be some unfortunate times when someone is accused of a crime that he/she didn’t commit. It is during these times when …

The American Center for Law and Justice (ACLJ) has filed an amicus brief with the Supreme Court, urging it to overturn an earlier federal appeals court decision which declared Arizona S.B. 1070 to be unconstitutional. …

The will is probably one of the most important documents any of us will ever consider. It is the only way that anyone will know our last wishes for burial and division of our assets. …

The laws of bankruptcy in California are generally the same as they are in all states.  The Constitution gave Congress the power to establish “uniform” laws of bankruptcy so that the same standards apply to debtors …

The United States of America did not have a uniform federal criminal procedure for almost 150 years.  The Judiciary Act of 1789 may be considered as a first step in that direction.  However, it was …

Everyone would like to believe that Justice Systems convict the guilty and clear the innocent. However, even the best justice systems in the World occasionally get it completely wrong. In England and Wales there have …

Criminal and civil proceedings have the best chance of succeeding, and the best chance of producing a fair and balanced result if they are pursued as soon as possible after the incident occurs. Over time, …

Don’t drink and drive! It’s that simple. That’s the best tip I can give you. Whether it’s just a glass or two of wine at dinner or a couple of beers, don’t get behind the …

The difference, in a word, is “intent,” but like everything else in the law, there are exceptions. To be guilty of simple murder you must intend to cause the death of a person and perform …

At some point in his or her life every parent faces a very tough choice whether they can leave their child at home alone or not. In some cases parents have no other choice but …

The federal court system is mandated by Article III of the United States Constitution (“The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the …

It is a detestable thing to order the killing of another person. It is so detestable that in many countries, and in more than thirty American States, such killings are punishable by extreme jail terms …

There are many different laws and restrictions in place within the United Kingdom in order to protect the rights of young people who wish to join the workforce. These laws are intended to protect the …

The career of a paralegal involves assisting lawyers in their legal work. The role of paralegals is important, since although lawyers are ultimately responsible for all the legal work, they often delegate a great number …

The standards governing the federal criminal process come from a variety of sources. There are some rules that are required by the Constitution, such as the right to a trial by jury. There are some rules …

Understanding what criminal intent is by definition makes it immediately evident why it is such an important determinant in the justice system. “The criminal act” is the definition purported by thelawdictionary.org. An example this source …

A change of venue is the transfer of a legal matter from a court in one location to a court in a different location. Generally speaking, the party initiating a case gets to decide where, …