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Family Laws in the United States of America

September 26, 2018September 26, 2018

Family law is a set of laws that govern the legal responsibilities of individuals that share a connection that is domestic. These laws are in the form of statues or case precedents. Said cases involve individuals or parties that are related by marriage or blood.

These laws also extend to those that are related distantly or causally. As these cases are emotionally charged, it is always advisable to retain a legal counsel for any or all family law cases.

A majority of family law cases involve the termination of a marriage or romantic relationship. These cases are carried by lawyers that specialize in family laws or divorce, child custody/support, and alimony. If a marriage that lasted only for a short period of time is canceled, an annulment is done. For same-sex couples, individual rights may exist.

A common issue in many divorce cases is the division of property. The law that concerns with the division of property varies from state to state. If a couple cannot agree on the default rules, they can opt out by hiring a lawyer to draft a prenuptial agreement.

Prevention of abuses such as the likes of emotional or physical also comes under family laws. These laws aren’t restricted to current/former spouse and children. The jurisdiction also extends to older members of the family, members in a relationship and roommates. In order to prevent further abuse, the court may mandate a restraining order.

A widespread dispute in family courts is the issue of child custody as parents care for the children’s safety and wellbeing.

This is especially hard in the event of a divorce or breakup. The problem is usually because of the fact that the parents become distrustful of each other at times like these. In such an event, the judges assume authority over the decision of who takes the child by taking what is best for them into consideration.

The custody can either be shared or assigned to one of the parents. The schedule is split between weekend and weekdays and in the event of a holiday, the days will be alternated. This is done in a manner where the child’s life isn’t disrupted.

The parents also have a duty, and this is legal in nature. In order to change the initial set amount of money given in child support, one must prove that the circumstances have changed since the order was initially drafted. These may include the parent being disabled or loss of employment.

Criminal Laws in the United States of America

September 20, 2018September 26, 2018

Criminal laws are set to protect the public from wrongful conduct and to keep them safe. When a law is violated, the individual will face fines or incarcerations as penalties. The nature of the American criminal justice system is very complex, and most offenses or violations would require an attorney’s assistance.

The consequences for violating specific crimes can be found in penal codes enacted by local, state or federal level legislators.

Offenses that are relatively less serious such as petty theft, drunk driving or possession of controlled substances in small amounts are all considered as misdemeanors.

Felonies are crimes of more severe natures. Examples of these include burglary, rape, crimes that come in white collar jobs such as laundering or embezzlement. The punishment for these offenses will be a year or more in a federal or state prison.

In order to interpret criminal statues, lawyers and judges refer to previous court opinions on the same issue to arrive at a conclusion, and this is called “stare decisis.” The stare decisis states that for a given set of circumstances for which the court has issued a statement, that particular ruling can be a binding precedent for any similar disputes that occur on a later date.

As defendants aren’t familiar with the court system, they are likely to be presented with traps that come with the criminal prosecution process. That is why in order to prevent them from saying or doing anything which may increase the chances of conviction, criminal defense lawyers are trained to counter precisely this. In the event that a lawyer hasn’t been hired, the accused may waive their rights and thereby harm their interests unknowingly.

Law enforcement officers will try to exploit their unfamiliarity by pushing for a confession after reciting their Miranda rights. Whatever is said during this period can possibly be used as incriminating statements against the defendant in the court.

Most defendants, when asked for a plea, will often plead guilty in the absence of an attorney which will negate them of essential rights from the beginning itself. This includes giving up the opportunity to negotiate terms of the sentence.

Another critical stage in a case is the discovery proceedings where the copies of the evidence gathered by the prosecutor can be demanded to be shown by the defendant. These include lab results, police reports, or even video recordings. This procedure is done to check whether the case can be settled or continued to trial.

If a plea bargain is declined by the defendant, a trial will be initiated where witnesses are questioned. All of this is done in order to conclusively determine whether the defendant will go to jail or walks free.

Copyright Laws in the United States

September 11, 2018September 26, 2018

The laws that protect intellectual property is called copyright laws. These laws are reserved for original works that are tangible, no matter if they are published or unpublished. The works can be in the form of literary works, photographs, software or movies just to name a few.

To start with, let us define what copyright is. The reservation of a person’s right to produce, publish or sell an original work is called copyright. Copyright laws do not take into account concepts, ideas or techniques as original works. They only apply to works that have been materialized.

This is the reason why an original work should be put into paper in order to receive copyright protection. The rights enjoyed by a copyright owner are plenty. Let us look at a few right now.

The right to reproduce a specific work.
The right to derive something out of an existing piece of work.
The right to distribute their work by lease, sale or transfer of ownership.
The right to publicly perform the work.
The right to publicly display their work.

The above rights can be granted by a copyright owner to any other person. The owner can also transfer their exclusive power to anyone that they choose. As copyright offices do not have forms to grant the transfer of rights officially, this process is settled with the help of a contract. This contract will either be recorded by the

When an artist works for a company or creates content for said establishment, the ownership is usually given to the establishment instead and not to the creator. A scenario such as this is called “work for hire.” The copyright ownership is assigned to either the employer or the individual who commissioned the particular work.

Although it isn’t necessary to register original works in the Copyright Office, doing so has its benefits such as a clear public record of the ownership of the work. To file a lawsuit for copyright infringement, registration is required.

The registration can be carried out online through the electronic Copyright Office or eCO. This way, you’ll save time and money as well as keep track on the status.

Some things are filed instead as intellectual property that isn’t covered by copyright laws. An idea, procedure or technique can be protected using the patent law whereas names, symbols or titles can be trademarked.

It is always important to protect your work as you may have put your heart and soul into it. To have a deeper understanding of these laws or to determine whether your work qualifies for copyright protection, it is recommended that you consult a lawyer that specialized in intellectual property.

10 Common Questions Answered by Criminal Law Firms

September 7, 2018

We asked Criminal law firms in Your city 10 FAQ…

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Q1: Who’s who in the local Australian court?

Criminal law firms your city: the set up of our courts is one of power dynamics. At the front and top of the room is the most respected figure, the magistrate.

The long bar table is where the lawyers sit. Defence lawyers, and police and prosecutors will be on opposite sides.

Right before the magistrate is the court officer on one side, court monitor responsible for recordings, and witness stand.

Q2: How should you behave in court?

Criminal law firms your city: court is nerve-wracking for the best of us. However knowing the etiquette, will mean less stress over how you should be acting…

These include but aren’t limited to being punctual, bowing to the Coat of Arms upon entering and leaving the courtroom, switching phones off, and not talking unless addressed by the magistrate.

Q3: How can you get bail?

Criminal law firms your city: one who’s determining bail must consider whether or not an ‘unacceptable risk’ to the community is at stake.

Q4: What’s at the Downing Centre?

Criminal law firms your city: find your essentials across the 7 levels…

Local courts – levels 4 and 5
District courts – lower ground to level 3
Jury assembly room and Drug Court Registry – lower ground
JP Desk – ground floor
Victims Services – level 1

Q5: What is the Drug Court Program?

Criminal law firms your city: involves 3 phases…

Initiation – detox and focus on getting physical and mental health back on track, through a case management plan that involves drug testing, counseling, and psych treatment.
Consolidation – continued refrain from drug use and other crimes, good health maintained, improvement in general life skills, and employment programs.
Reintegration – a stable home environment must be maintained as the participant rejoins the community. They must be working or doing positive activities, and must regularly visit the drug court

Q6: What’s different in district courts?

Criminal law firms your city: the set up along the bar table, and magistrate’s position are much the same. The court officer will however be on the far left, and court monitor on direct right of the magistrate.

Q7: Who can attend a court case?

Criminal law firms your city: generally, anyone is allowed to watch a court case. They are public. ‘Closed courts’ (for example with a child defendant) are however exempt.

Q8: What happens if you plead not guilty to the local court?

Criminal law firms your city: when the magistrate calls you up, attend the microphone and await to be asked what you intend to do. This is the time to say “I wish to plead not guilty, Your Honour”

The magistrate may set a defendant hearing for you at a later date in which you and your witnesses will be able to provide accounts of the event, along with cross-examinations of and by the prosecution.

Once the magistrate hears these along with closing submissions, they’ll decide then whether you are guilty. Alternatively ‘brief service orders’ may be requested.

Q9: What to wear in court?

Criminal law firms your city: no thongs, caps, casual t-shirt, etc. Dress conservatively and respectfully.

Q10: What about fraud matters?

Criminal law firms your city: there are different types of fraud offenses? These include but aren’t limited to credit card, tax, and cyber fraud.

There are different defences for each kind of fraud case. The most common fraud charge is that of one who deceptively obtains property that isn’t theirs. It was decided by parliament that this covers most fraud charges.

Driving Laws in the United States

August 20, 2018September 26, 2018

The thing that you should know when it comes to road laws is the fact that road rules in the United States vary from state to state. But for someone who’s not from the country, driving shouldn’t be a tight affair, especially if they’re from Europe as the signs are near identical. There are still some differences that you should be aware of.

The judicial system in America is extremely strict, and hence, the compensation fees can be extremely high. That is why you need to have insurance as even the slightest of contacts can destroy your life.

1. First come, first served at crossroads

When there are no traffic lights, the first vehicle to reach is generally allowed to go first. You also need to stop, rather than slow down, wherever there are stop signs. In the case of several cars in an intersection, make sure to keep track of who goes first and wait for your turn. This is the rule wherever there are no traffic lights.

2. Right lane is reserved for right turns

Make sure to give way for traffic to go right at a red light by not blocking the road. When there is a no right run sign specifically in the surrounding, it is an exception. This can also be in the form of a no right turn red light.

3. Speed Limit

The speed limit of each state, town or county is different from each other although most of them are in between 90km/h to 120km/h. If you approach a city or an intersection, it is advisable to slow down. Make sure you drive slowly in a school zone.

4. U-turns

The roads in the US are mostly divided into two, three or four parts with each section divided by a U-turn. These are kept for the driver’s convenience. But keep in mind that drivers from both sides use the same gap to get to the other side which is why it is important to drive with care when you’d like to take a U-turn. There are some areas where U-turns are prohibited. These areas will have a sign to help you.

5. Lanes and passing other vehicles

In double-lane roads, the lane to the left is reserved for overtaking whereas the lane to the right is reserved for slow moving traffic. But that is only what is on paper. People overtake wherever there is an option. In a three-lane road, the rightmost lane is reserved for trucks or vehicles that’d like to leave the highway.

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