Substantive law determines rights and obligations, while procedural law establishes the stages and procedures for applying civil and criminal laws. Substantive law includes private and public law, while procedural law protects the rights of plaintiffs and defendants. Both are necessary for a fair and consistent legal system. The two main branches of law are substantive […]
Long arm statutes allow courts to have jurisdiction over individuals and corporations in other states if their connections are substantial enough. Courts must serve adequate notice and individuals can argue for deferments. Consult an attorney if unsure about jurisdiction. In the United States legal system, a long arm statute is a statute that allows a […]
A cost bill is when the losing party in a civil litigation case may have to pay the winner’s attorney fees and expenses. The bill is presented to the court and evaluated based on reasonable costs. The winning party must break down the different facets of the case. If a client believes the amount charged […]
Curtilage is an outdoor area surrounding a dwelling that is legally considered part of the home, protected by privacy legislation. It must be enclosed, used for domestic activities, and adjacent to the home. Structures within it are also protected. Law enforcement must observe search and seizure laws. It is important to fence off property to […]
Nonprofit law governs organizations such as charities and churches, outlining requirements for registration, tax-exempt status, and regulations on handling transactions. Nonprofits may be subject to laws in multiple jurisdictions. Nonprofit law refers to the legislation that governs certain organizations. This legislation may outline requirements for forming a non-profit organization, such as registering your name and […]
Antitrust law prevents unfair practices that inhibit competition and the development of monopolies. It protects consumers from unreasonable profit-making measures and prohibits predatory pricing. Cartels are also regulated to prevent market control. The concept dates back to ancient Rome, with US law based on the Sherman and Clayton Acts, and Europe governed by the Treaty […]
Procedural law is a court-made law that guarantees judicial economy by preventing parties from raising new issues in subsequent appeals. It is not a doctrine of precedent and does not bind subsequent cases. Procedural law concerns the legitimacy of challenging previous judgments in a single case. The law of the case no longer applies if […]
When a court’s judgment is upheld by an appellate court or not appealed, it becomes the law of the case. Procedural law guarantees judicial economy and prevents new issues from being raised in subsequent appeals. It is not statutory law but common law. Procedural law concerns the legitimacy of challenging previous judgments in a single […]
Computer law regulates intellectual property, liability of internet service providers for their customers’ illegal actions, and domain name disputes. Early cases involved copyright infringement, with some courts holding that installing a program on a hard drive was equivalent to reproducing a copyrighted work. ISPs are required to take reasonable steps to prevent violations they become […]
Company law governs the creation, management, and actions of a company, with different laws to comply with based on the market of operations. It extends into legal formation, shareholder rights, and liability determination. The controversial corporate personality debate grants corporations certain legal rights equal to individual citizens. Company law is an area of legal rules […]
The Game Act governs hunting and conservation of wildlife, with origins dating back to ancient times. Early laws protected animals and limited hunting to royalty and nobles. The US and UK have their own game laws, with federal laws limited to migratory and endangered species. Newer laws seek to protect hunters’ rights and address anti-hunting […]
The Product Liability Act holds companies responsible for damages caused by defective products, with manufacturers and sellers strictly liable for damages. The defect must have existed at the time the product left their control and caused harm in a reasonably foreseeable way. The law does not apply if the consumer modifies the product or uses […]
A prosecutor is a lawyer who represents the government in lawsuits to prove that an accused party has committed a crime. Their job is to seek justice on behalf of the government and protect the innocent. Private prosecutors exist, but are less common. In law, a prosecutor is a lawyer who attempts to prove that […]
Software law protects intellectual property in software transactions, including licensing, support, and development. License agreements can be simple or detailed, and non-negotiable. The Software Act covers larger transactions negotiated between parties, with specific ownership terms and rights. Support agreements vary based on cost and customization. Copyright and patent protections vary by country, complicating international contracts. […]
Usury laws limit the interest rate charged on loans. They have existed for thousands of years and are mentioned in religious texts. Usury involves charging an unfair interest rate, which varies by loan type and location. Many countries have deregulated their financial systems, making usury laws less effective. In the US, national banks and pawnbrokers […]
The US has federal, state, and tribal law enforcement agencies. Tribal nations have their own law enforcement agencies and courts, but jurisdiction is complicated and can involve the federal or state government. Tribal law enforcement faces challenges due to vast territories and limited resources. There are actually three different levels of law enforcement in the […]
The sociology of law examines social practices and phenomena surrounding legal theory and practice, drawing on various disciplines. It seeks to classify the role of law in society and address practical issues such as discrimination. It is often referred to as “legal sociology” and there is debate on how it should be classified. The sociology […]
The law of the land is the body of law that applies to all citizens, protecting their civil rights and outlining their responsibilities. It includes all laws of a nation’s jurisprudence and ensures a fair trial. In the US, the Constitution is the highest level of law, giving federal law precedence over state and local […]
Community property law governs the division of marital property in the event of divorce in nine US states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. All property acquired during marriage is considered community property and divided equally in a 50-50 split, regardless of individual investment. Assets owned before marriage are not […]
The best source for real estate law advice is a local attorney. Generic resources like books and online forums can be helpful, but may be outdated or too general. Real estate laws vary by jurisdiction, making personalized professional advice necessary for complicated scenarios. Online sources should be carefully vetted. Real estate attorneys are licensed to […]
