Lawyers and Legal Advice Archive

Under Legal on The Free Dictionary, a common law marriage is the “A union of two people not formalized in the customary manner as prescribed by law but created by an agreement to marry followed by Cohabitation.”  That …

In all 50 states, including Mississippi, tenants and landlords have certain duties and responsibilities which they owe to each other.  Determining exactly what those rights and responsibilities are can sometimes become a difficult and confusing …

A process server is an individual who is usually hired by attorneys or legal organizations to deliver legal documents to an individual or party. Essentially, a process server is a liaison between a party that needs to …

One of the key responsibilities of an in-house lawyer is the selection and management of external advisers. Most in-house legal teams work on a tight operational budget and external fees are usually the largest component …

In the United States, motor vehicle accidents are the leading cause of death in children. According to the Centers for Disease Control (CDC), in the year 2009, over 1,300 children under the age of 14 …

As a paralegal, I drafted many living wills, including my own. Although individual state’s regulations vary to some degree, the basics of staying off life support are universal. 1. Enact a living will.A living will …

There are similarities in Criminal and civil cases. Both are held in a state court presided over by a state judge and state employees. In a Common Law jurisdiction, such as England and Wales, the …

Bankruptcy law in the United States is a federal statutory law contained in the Title 11 of the United States Code. It provides for developing a plan to allow a debtor who cannot pay his …

Any court that can review the decisions of lower courts is considered an appellate court. Picturing the court system as a hierarchical organizational chart – two charts, actually, one for the federal system and one for …

A temporary restraining order strictly from a law enforcement point of view is an enforceable court approved document prohibiting contact between a person(s) and another person(s).  In Minnesota, temporary restraining orders are signed by judges and approved …

The relationship between Utah landlords and Utah tenants has not always been a civil one.  Laws have to be made and adjusted because disputes happen. Tenants break leases and refuse to pay penalties. Landlords skip …

A cease and desist can come in two forms.  It can come as an actual order from a judge or other government authority; it can also come in the form of a letter from a …

It is extremely advantageous to make a will. Various direct and indirect benefits can come from this decision. One should know all of the benefits so that they can make an informed decision when considering …

The Electronic Frontier Foundation (EFF) understands the problems that arose along with the electronic highway and is dedicated to helping those who write for the web know when’s the law is on their side. Bloggers …

Getting out of a speeding ticket is a skill that many, if not most, drivers would like to have. After all, there are few experiences in life so instantly anxiety-inducing as the moment a driver …

Bankruptcy is an effective, and perhaps the only real, tool to help you get a new financial start.  Bankruptcy is a completely legal solution, and was provided for by the United States’ founding fathers in …

Minnesota’s landlord-tenant laws are similar to most states. In this state, the landlords and the tenants are obligated to act in good faith. Security deposits can be demanded by the landlord at the time of …

This article is an overview of a residential real estate closing. This will include the start to finish process and the need for an agent to represent the parties involved to protect both the buyer …

Under English law, when there is a breach of contract, the injured party will be entitled to damages as compensation for any loss suffered. Sometimes, these damages are quantified (so-called liquidated damages) allowing the parties …

There are two ways to occupy a house or land in England; you can rent or buy. Since the Second World War, buying has been the popular choice. This article deals with buying a property …

There are a number of ways to avoid the IRS ten-percent tax penalty for early withdrawal (usually before age 59 and a half). They have to do with IRS rules and apply mostly to what …

Drinking and driving under the influence is a serious crime, punishable by severe penalties, including fines and jail time. The sad truth is, however, is that a lot of people still engage in this risky …

In general, in rear-end collisions, the driver that gets hit is the victim.  This is because every driver is required to keep control of his or her car.  However, this becomes confusing in chain car accidents.  …

Often times, when people have disputes that cannot be resolved amicably, they seek legal intervention to reach a settlement. However, most people do not realize that they can do so without the intervention of an …

Texans have had a long history of using guns for personal defense and hunting. Since the first settlers came, firearms have been used to defend against the Mexican Army, Comanches, bandits, and wild animals. Texans …

The Restatement of Law (Second) of Torts deals with the basic principle of law of Torts in the US. The Restatement of Laws is issued by the secretaries of law. It states the laws along …

Your latest Facebook update or tweet probably seems entirely innocent to you. However, the Electronic Privacy Information Center (EPIC) has just obtained some information that suggests that the government may be rather more interested in …

In Utah, those who take part in drinking and driving risk being held accountable for two crimes: driving under the influence and driving while over the limit. Those whose driving was simply impaired by a …

Most judges in the various states are elected and therefore, politics becomes the issue for many of them. Mothers Against Drunk Drivers (MADD) lobbyist have influenced the decision of many judges. Notwithstanding that if you …

Marriage and divorce is serious business. Falling in love is an understanding of implicit trust, respect and faith. Some marry and commit to a lifelong partnership, to stay together, forever, “in sickness and in health”. …