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Common law Questions and Answers

Sunday, March 21st, 2010

Minnesota common law- How many years do you have to live together before the state considers you married?
hate to tell you this, but common law marriage is not recognized in Minnesota – only Alabama Colorado District of Columbia Georgia (if created before 1/1/97) Idaho (if created before 1/1/96) Iowa Kansas Montana New Hampshire (for inheritance purposes only).

free legal advice?
MY ex husband and father of my children died in 2006. he lived 20 years common law. i have no idea if had a will but the kids were short changed on any fincial gained by his common law wife. are they entitled to any inheritance? shortly before he died he had won about $ 30.

New rules for co-habitees?
New laws giving rights of money/property to non-married couples Not yet I’m afraid. There is still no such thing as common law. As a partner there are no rights to the other partner’s money belongings or property. It goes to the next of kin, unless the will specifies otherwise. The next of kin then has.

What exactly is ‘common law’? is it just for the proletariat or can rich people use it too?
Common Law/common law (the capitalisation is important here) has two seperate meaning. Common Law with capitalisation is the term for describing a legal system, and it is one of the family of legal systems. The most famous example of a.

What is a tortfease?
I have seen term used in common law and hand rule concerning punitive damages?? Do you mean Tortfeasor? A tortfeasor is a person or entity who commits a tort. Torts are civil wrongs, as opposed to criminal offenses, for which there is a legal remedy for harm caused. Tort law is law created through judges.

What is English Common Law?
I’ve read a lot about it lately, but I don’t understand what it means. How is it different between other legal systems? Ex) I read Hong Kong has retained Common Law, and not adopted the Chinese Legal System. What’s the difference? The essence of English common law is that it is made by judges.

Where do I start for spousal support & child support in texas??
Spousal support is very difficult to get in Texas. We have no long term alimony and only have spousal support in very limited circumstances. It has to be in a decree of divorce. If you were never cerminonially married and can’t prove common law marriage you.

Who would be the next of kin?
Is an adult child the next of kin to a deceased mother, or is the deceased person’s parents the next of kin? In most contemporary common-law jurisdictions, the law of intestacy is patterned after the common law of descent. Property goes first to a spouse, then to children and their descendants; if.

Do I need to file for custody if we are not legally married?
Me and my boyfriend have two kids (7 years old and 18 months old), we’ve been together for 8 years but we never got married. Maryland does not recognize the ‘common law’, and the little assets we have I am sure there will not be a.

Do you foresee Sharia law being an effective replacement to English common law when it becomes the US law?
Sharia law couldn’t even come close to the equality level of English common law. Granted, English common law is not perfect, but at least it doesn’t allow insane, ignorant thugs complete control of our government. There may be a.

Felony and expungment in SC?
We live in SC. My common law hushand has 2 felonies he wants to get expunged, one of them is with possision of meythampitames this happened in 95. Plus a assluat and battery w/ intent to kill or assluat and battery w/ intent he was in jail for 6-9 months and had 2or 3.

If the partner dies intestate, do common-law spouses inherit anything?
Yes, after about 6 months of living together, I believe common-law spouses are considered no different than married spouses. – It depends on if your state recognizes common law partnerships. – This is a state issue, and only your state laws will dictate the outcome. See a lawyer.

So you think you own your freehold .Really.?
according to the history books and various other references,All land wether purchased or not,belongs ultimately to the crown. All property and land eventually returns to the crown under the term escheated. Is this correct , Any legal beavers out there. Under English common law, all land originally belongs to the crown.

The authority for the judicial branch in a state to make up procedural rules comes from?
A. its state constitution, statutes, or the judicial branch itself. B. the power of the court to control its proceedings. C. the evolving American common law. D. acts of the U.S. Congress or Senate. A – A,B and C – b Feels like.

What is the difference between the US and the UK?
*LAW wise*. *not* politics or who is better. I’d just like to know the difference in the laws, please. The basics of the legal system aren’t all that different. The UK is built on English ‘common law,’ which is basically the collective term for the rights, procedures, and case.

What is the legal statis of people male & female co-habiting?
There are certain stipulations to qualify for common law other than just living together as well as a timeline (for my state it’s 6 months). You can be roommates but if you don’t represent yourselves publically as a couple then common law does not apply. There are.

What laws came before the United States Constitution?
When the original states were colonies, there were three sources of law — the common law (judicial decisions), statutes passed by the British Parliament, and each colony had local laws. After the colonies broke away and became states, most states passed a reception statute (a statute which adopted the common.

Where can I find general info on sentencing policies for various offences in Scotland/England?
The law regarding sentencing is quite complicated. You would need access to a good Criminal law practitioner’s textbooks because the general info is not necessarily how the courts apply the law in practice. There is also a lot of common law. A good start.

You’re a lawyer, and you must argue whether or not a new state statute is constitutional.?
A. federal codes. B. the U.S. Constitution. C. the state constitution. D. common law. Well since you seem to be arguing the constitutionality of a new state statue, you can only argue on the State or US Constitution. Federal codes and common law.

How does a dual UK-USA citizen go about changing his name?
I’m a dual UK-USA citizen and am curious to know how one can go about changing one’s name. I have an American and a British passport. I know that theoretically, all Americans have the right to change their names at will, and in England common law allows you.

British constitution is what happens.discuss.?
this is my tutorial question.i dont know what it means.pls help,thanks. The UK constitution is not a codified one, meaning that it is not listed in one single document. It’s based upon constitutional conventions, Parliamentary statutes, common law and works of authority. – Maybe if you used normal English when discussing a question about.

Business Law Question?
1. The question that are asked for prospective jurors, to determine if they are biased toward or against either the plaintiff or defendant, are referred to as “interrogatories.?T/F State your reason. 2. Ashley and her boyfriend live together in Washington for seven years. They will now be considered legally married under the common law of.

arbitration?
I have won my case against my ex-boyfriend..his attorney and him are basically dropping their claim against me that we are common law married..which is just the best thing that has happened to me in a long time. now we will go through arbitration for the house to be sold and who gets what money out of it..

how is road defined in england and wales?
By a road I presume you mean highway. Historically, a highway is any path that members of the public had the right to pass and re-pass along. Unfortunately the Highways Act 1980 which is basically built up from a long history of the common law does not give a definition.

how long do you have to live with a person before considered common law marriage in the state of texas?
There is no time constraint in Texas. Click the link and then look for the question ‘What makes a common law marriage?’ Only three criteria are listed, and period of co-habitation is not considered. There are also some.

Does anyone know if a person living with a nother person for 30 years can collect benifits.never married nys.
We were living togeather 30 years I know common law wife is not recognized in nys, but is there a clause were one can collect servivors benefits with the social security. Only if the policy has a domestic partner’s clause.

Does California believe in common law marriages?
California believes in them. But California does not recognize them as valid in California. The only way California recognizes them as valid is where they were valid in some other state, and the people in question became married through common law rules in that other state. ~~~~~~~~ No. If you have.

Does state of nj have comman law marriage law?
does state of nj have comman law marriage law? New Jersey abolished common law marriage in 1939. New Jersey Statutes 37:1-10. Common law and other marriages without license; validity Nothing in this chapter shall be deemed or taken to render any common law or other marriage, otherwise lawful, contracted before.

Explain the different between common law and statute as source of law(could you please add example)?
check with your state. – common law is *Scottish law – Statutes are laws passed by a legislature. They are typically prospective — meaning they are broad and general, and forward-looking. Common law refers to the interpretations of laws as made by.

In California, what is the legal age that a minor can stay home alone?
Not a ‘common law’, it is California statute. ‘Every parent of any child under the age of 14 years.who deserts such child in any place whatever with intent to abandon it, is punishable.’ The word ‘abandon’ as used in Penal Code sections 270, et.

Is Arizona a ‘Common Law Negligence’ state or a ‘No-Fault Negligence’ state?
thanks I’m not sure what you mean? You’re kind of vague. Common law is not the opposite of No-fault, when it comes to legal definitions. Common law refers to laws made on previous cases decided on by judges. The opposite of common law is Statute law. The.

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Law Questions and Answers

Tuesday, January 5th, 2010

Renters rights?
what rights do I have if my lnld is selling the house and has not notified me of this situation and came into my apt with giving me false pertents? Should I keep paying the rent or put it in a escrow acct untilI move or it is sold? It depends on the laws of your local.

Rights to a property that has been abandoned by the current owners?
If a property has been left empty for more than 5 years are there any laws or loopholes that can force the owners to sell the property? None that I know of. As long as there aren’t any violations of law. Failure to pay taxes, probably. Just.

Roe Vs Wade / Unborn victims of violence Act?
One states that an unborn baby is not worth anything and can be disposed of without reguard. The other one says that killing an unborn child can be punishable by a (second) charge of murder. Both are laws, but the both clearly contridict eachother. So which is it? If a.

Runaway laws for pennsylvania?
My friend is 17 and she is turning 18 soon. And i want to know if there are any laws in pa about runaways. I know i should tell her not to do it but i have and her parents are horrible so i need to kno the laws. So any help her would be.

Sharia law in Britain?
Is it true that there is going to be a two tier law system in Britain, where muslims will get to have their own courts? And they will live by their own laws, separate from ours? I read it in a paper yesterday (well, saw the headline) but abit dubious since it was the daily.

Shooting On American Campus Kills 31! Should We Outlaw College Students?
Students whether High School or College seem to lead to tragedies. Should we outlaw students? Yes. We need stricter student laws. Many European countries outlaw education and they have lower murder rates. Stop the insanity! icon smile Law Questions and Answers – It’s about as intelligent as outlawing guns. – F you. -.

Should America be subject to British laws?
Technically, the UK still owns America. Should we therefore revoke the Colonists independance, and ask for back taxes since 1776? Sure if you want another butt whipping. – Technically the Romans still own the UK. Why not ask them? – Actually they do not own it. any more than Rome owns most.

Should churches lose their tax free status?
for harboring illegal immigrants? No, because it will start a trend of giving the IRS more authority to tax churches, and control them like China does their churches. Secondly, it is against international laws, because in the case of Catholic churches, they are believe it or not enclaves of a foreign government.

Should freedom be conditional?
i understand that your freedom only extends as far as it doesn’t encroach on another’s freedom, but why the laws against drug use and euthenasia? either we do no trust our fellow citizens to be free, or maybe we’re not the freedom loving country we claim to be. is freedom not a birthright? Freedom is.

Should Gun laws be changed to protect our society?
Do you believe that access to guns need to be much more restricted and controlled? Should the permit should be issued by the police only after an interview occurs and the individual passes the following tests: A) The purpose of owning the gun is clearly established by interview by a.

Should guns be allowed on college campuses?
First of all, this guy purchased two 9mm handguns, so only the strictest gun control laws would have prevented him from purchasing them. However, even then he could have purchased them black-market style (marijuana, anyone?) So, if one student in the dorms, or in the classroom had a handgun on his side,.

Should guns be banned in the USA?
You only have to look at countries like Japan who have on average(from memory) 4 shootings and the tightest gun laws in the world. While there are 10,000 shootings a year in America. If u do not agree with the banning of guns then what do you suggest should happen? Yes, there.

Should Kids Be Excused From School For Sports & Other Recreational Activities?
Despite the current laws regarding this matter, do you believe kids should be excused from school for sports or other recreational activites? What are your thoughts and reasons on this matter? I live in Texas and high school sports are a big thing here. As long as.

Should marijuana be legal for medical and personal use (restricted like alcohol and cigarettes)?
In my opinion, in a free country, you can’t have laws designed to protect people from themselves. You can’t have big brother and freedom at the same time. – No. and this is why. I would be OK flying in a plane with a.

Should municipal laws such as street cleaning be changed?
Every now and then I get a traffic ticket for leaving my car parked on the street during those certain street cleaning hours. Well I am not complaining about paying a few bucks in a parking ticket but it seems odd. There’s nothing to clean. It’s as if a giant.

Should the courts have the power to create crimes?
I’m a little confused by your question. Courts don’t create crimes, criminals create crimes. If you mean should laws be passed criminializing acts that were once not considered illegal, then yes, there need to be specific laws to address areas that were overlooked or not foreseen when the original.

Should the Florida Clemency board make it ok for Convicts to vote at all?
Florida Governor Crist sits on the Clemency board and is trying to make it eligible for ex-convicts that served their time to vote in elections. Should they have any rights after breaking laws made by the people they are voting for? That is why they.

Should the government crack down on smoking laws?
Just answer yes or no. It’s for an opinion poll in my government class. Thanks all! your question cannot be answered correctly. you need to re word it. it is confusing should the government enforce anti smoking laws, and create new ones? No if these answers your counting are going to.

Should the laws be changed to require mental health facilities to report admissions?
This would permit a national data base to deny gun purchases from mentaly disabled people. Or would it violate the rights of the mentaly unstable? I think the first thing to consider is that not every person that is checked into a mental health facility is.

Should the U.S have tougher gun laws?
In light of the recent shootings in Virginia Tech, but not soley contained to that ONE incident, do you think tougher gun/anti-gun laws might bring down the number of shooting deaths in the USA? No. – Of course. Even al quaida, Iraq and iran have tougher gun laws then US. – no.

Should the Virginia Tech shooting rampage affect gun laws?
No. One psycho should not be able to force an entire nation to change its laws. We accept this kind of risk. Also, if guns were outlawed unfortunately we’d still see shootings like this. If one of the victims had been carrying a gun, they may have ended it.

Should there be a law to not allow importation of an ‘alien’ species?
need help for an essay!! asap .. need a response to this questions and if u can add detials then thats great and thanx in advnce i will appreciate it .. ‘should there be laws that restrict the importation of an ‘alien’ species into a community?.

SHould there be laws regarding recycled water in australia?
Help me!! I’m trying to do my assignment and have no ideas! Until the Aussies pick up on your question, below is a website that might get you started. Queensland, Australia is in the midst of a drought – and the water shortage is critical. No wasting of any water.

Should there be more gun control laws in the U.S.?
There are more than enough gun control laws in the U.S. What we need is better enforcement. People should undergo extensive background checks prior to recieving a weapon. Also, get rid of assault rifles, they are useless for home defense and for hunting (except for humans). – yes.

Should there be stricter gun laws and why?
No, because of the Second Amendment to the United States Constitution. – No. If the anti-gun folks want to be sheep fine, but leave those of us that want to have the right of self defense alone. – No They are already very restrictive in most states. They need to.

Should there be tighter gun laws in America?
Should America put tighter restrictions on the ownership of weapons. Perhaps a gun buy-back scheme, where people get money for the handing over of their weapons. Of course, we can also be worried that the responsible gun owners will do the right thing, and the criminals will now have the upper.

Should we just give Immigrates citizenship?or send em back and have the people do it legally?
Illegals should be sent back and forced to enter via legal means or, maybe even not at all since they have already proved that they care less about our laws anyway. – yes..if they have been here long enough to were there.

Should we make ‘Sanctuary cities’ for fetuses?
We could make abortion illegal in certain cities or states, and prosecute any abortion doctors in those states for murder. If Los Angeles can violate federal laws, why can’t we? if is an evil thing to do and every city in the world should make it illegal for abortion to take place..

Should we raise the age limit for possessing a handgun to 25?
What do you think would be a proper age to posses a gun to keep our children safe. Creating laws that constrain the rights of lawful gun owners DOES NOT and WILL NEVER restrain the actions of those who will ignore the law in the pursuit of.

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