What are the advantages of mediation?
How much will I receive in spousal maintenance?
Do same sex couples have the same legal rights as other couples?
What are the steps of an appeal?
What is Opting Out?
How is litigation involving spouses handled in Arizona?
Is a trial my only option during a divorce?
Fighting for Education Rights: Equal Justice for Pregnant and Parenting Students
Who pays attorney fees in a divorce proceeding?
Should I Get a Job While Going Through My Divorce? Can I Quit My Job?
If I wasn't happy with my lawyer, can I appeal and show evidence I wanted to present?
Can my ex-spouse see our children if he/she does not pay the court ordered child support?
End Game in the Fight Over Same Sex Marriage?
What is Mediation?
Can I collect my judgment if the other side is appealing?
What do we do with the children once the divorce action is filed?
Can I complete my divorce without a trial?
Can I appeal a dissolution?
What is a Resolution Management Conference?
What is an appeal and how do I know if I should appeal?
In This Issue:
Judgments; Legislation; and Reports.
Excerpt from Reports:
23 February 2015 - Same-sex adoption a step closer with review of laws -
Same-sex adoption in Victoria is a step closer,...more
On October 9, 2014, the New Jersey Supreme Court announced that it would hear the case of Innes v. Marzano-Lesnevich. The case deals with the interesting question of whether attorneys can be held liable for damages to...more
?AC35507 - State v. Wright -
?AC35289, AC36395 - Southport Congregational Church-United Church of Christ v. Hadley -
The doctrine of equitable conversion did not apply when the decedent contracted to sell real...more
SC18942, SC18993, SC18994 - Perry v. Perry -
Attorney appointed for a minor child cannot appeal the trial court’s award of only a portion of her fees w/o trial court permission. But that same attorney has personal...more
In the pre-Uniform Trust Code UTC), unless the terms of a revocable inter vivos trust provided otherwise, the trust could not have been revoked by the settlor’s will. A will speaks at the time of the testator’s death, an...more
The constructive general inter vivos power of appointment is the product of the marriage of power of appointment doctrine and creditors’ rights doctrine. It is a topic that is taken up in §4.1.3 of Loring and Rounds: A...more
One of the critical duties of a trustee traditionally has been to defend his trust against internal attacks. By that I mean to defend the trust against those who, in contravention of the settlor’s intentions as expressed in...more
Old Doctrine Misunderstood, New Doctrine Misconceived: Deconstructing the Newly-Minted Restatement (Third) of Property’s Power of Appointment Sections
In was in the course of preparing the 2013 edition of Loring and...more
As an attorney who has been conducting asset searches for other attorneys for over 20 years, I am repeatedly contacted or approached by lawyers and other professionals and asked whether it is permissible for a...more
On November 12, 1999, President Clinton signed the “Financial Services Modernization Act” into law, which made conducting bank account searches by asset search companies impermissible and a federal crime as you could no...more
As a general rule, one assumes no personal liability when one becomes a trust beneficiary. There are some exceptions, however. Charles E. Rounds, Jr. explains in Section 5.6 of Loring and Rounds: A Trustee’s Handbook (2012)....more
This Legal Byte analyzes whether a judge's advice to a litigant or an attorney is the same as an "advisory opinion." Citations to case law are provided.
Though the trust is a judge-made creature of equity, the last eighty years have seen numerous rounds of uniform legislation codifying various aspects of the law of trusts, beginning with the Uniform Principal and Income Act...more
A good part of the American dream and the largest single asset many people own is their home.
Whether shelter or showpiece, the sanctuary it provides and the investment we make in our homes is among the largest in the...more
The quantification of damage from medical malpractice...more
Privacy -- unlaw processing -- active subjects --...more
Aspetti e considerazioni sulla responsabilità professionale medica...more
Nursing home abuse is often very hard to detect. If you have a feeling your loved one is being mistreated, take extra precautions like these to prevent neglect or determine that nursing home negligence is happening.
Document from HHS on drug testing for child welfare. Relevant to family law and civpro....more
This Document from Health and Human Services serves as a guide for substance abuse and child welfare. Relevant to civil procedure and Family law issues....more
As Baby Boomers age into their twilight, more families are relying on assisted living to take care of them. As nursing home populations increase, so do instances of nursing home abuse and neglect. It is even more important...more
There have been more than one shocking story of child abuse in Texas daycare centers this month – one former daycare employee was accused of sexual misconduct with a child for the fourth time, while another daycare was shut...more
This is the Code of Ethics provided by the Psychological Association of the Philippines for Practicing Psychologists in our country....more
Attorney liability for false assertions in pleadings and affidavits pursuant to Minn. Stat. § 549.211...more
An intriguing look at how liberal versus conservative orientation plays into decisions to punish. Three experienced ASTC-member trial consultants respond to this article and discuss how they would use the results in court....more
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