maxims Of Common Law’ Are Ignored In Family Court

Courts make determinations in law and in equity. By ‘in law’ is meant following a specific law – constitutional law, state law, etc. By ‘in equity’ is meant determining what is ‘fair’ to do where now law specifically rules. An example is determining how to distribute the assets in a divorce among the husband and wife.

Common law refers to the myriad of decisions made by judges and appeals courts. Maxims of Common Law are ‘guiding truths’. Adhering to them helps judges make fairer decisions. They’re ignored in family court determinations since fairness is a wholly secondary issue. This article overviews what these maxims are.

Maxims are absolutely essential to the preservation of rights and fair treatment to all litigants. Maxims:

* represent ‘self-evident’ truth – as mentioned in our Declaration of Independence when it referred to ‘all men’ as being created equal.

* serve to guide judicial determinations in the same way that ‘axioms’ guide the analysis of mathematical determinations

* promotes fair dealing and unbiased justice – a clearly essential issue in the purpose of courts

Courts, primarily established to enforce the principles of common law, are bound by common law rules of equity that should be grounded in the never-changing maxims. This grounding serves to restrain the court’s wanton discretion in equity law determinations.

Examples of Maxims:

Let’s take a look at some examples to see the nature of maxims -as self-evidently fair. Here’s an important one:

*The certainty of a thing arises only from making a thing certain.

This implies that the court should seek clear proof of allegations made against someone and not rule on just the allegations or weakly supported ones. Family court ignores these maxims all the time.

*The safety of the people cannot be judged but by the safety of every individual.

Laws which supposedly protect the safety of some people at the expense of other people’s rights violate this maxim. A clear example of such a violation is present day domestic restraining order laws which are rampantly and unjustly imposed upon so many fathers.

*Law is unjust where it is uncertain or vague in its meaning.

Laws should be clear so that one knows precisely when he’s breaking such a law. Remember the violation of laws brings consequences on those who violate them. Vague laws are considered unconstitutional. An example of vague standard of law is the ‘best interest of the child’ standard – used to unjustly deny fit fathers custody of their children.

*The Burden of Proof lies on him who asserts the fact -not on him who denies it.

This is based on the fact that you can’t prove a negative. Courts that force people to prove a negative are examples of kangaroo courts. Family courts jail fathers when they can’t prove that they don’t have money to pay!

*No one should be believed except upon his oath.

This simply means that anyone who will give testimony must be sworn in. That way he can be charged with perjury – which is a felony (a serious crime) – if he can be found to be intentionally lying. No ‘swearing in’ means no perjury and no penalty for lying.

*Perjured witnesses should be punished for perjury and for the crimes they falsely accuse against him.

This is the bottom line of enforcing honesty in court testimony. Unfortunately perjury is almost never punished -allowing the degradation of court integrity – so obvious in family court.

*Every home is a castle; though the winds of heaven blow through it, officers of the state cannot enter.

This is from English common law which made a man’s home sacrosanct. It should still be true. It requires officers to have warrants to enter a home. A warrant is permission from a judge based on good cause to enter a home.

*No man should profit by his own wrong or, He who does not have clean hands, cannot benefit from the law

This is self-evident. An extreme case is the child that pleads mercy because he’s an orphan – but only because he murdered his parents.

*He who uses his legal rights harms no one.

But, fathers are routinely punished by seeking their rights in family court.

*No one is punished unless for some wrong act or fault.

But forced into the noncustodial status for doing no wrong would be considered punishment by any reasonable person.

*It’s natural that he who bears the charge of a thing, should receive the profits.

If you have all the obligations for something but none of the benefits, then you are a slave.

Fathers who go to family court observe clear violations of these maxims all the time. Such violations mean that there is a tyranny taking place.

Law in UK, its evolution and study.

A combination of rules and regulations that creates an ambience of safety security, justice and equality in a civilized world is called a Law. Law brings about a transformation in the society and a change in people.

The process of teaching and training young learning minds the basics and intricacies of law and order and enabling them to practice it is called Legal Education. To learn Law and legal systems, people apply for admission to law colleges and law universities, study in-depth about the subject and then practice in real life.

These days many students go to study Law in UK. There are many Law colleges in UK which provide studies in UK and International Law. The reason why many prefer to study Law in UK is because of their similarity with Indian Law. This way one who studies law from a good Law College in UK can understand Indian Law also very well. Law Universities in U.K teach prospective lawyers the basics of law at the undergraduate level. After they graduate from the college, they are made to achieve distinction in a bar exam. Once that is done, they are given a certificate and then become eligible for practice.

There is an examination called the Common Professional examination that students must pass with good marks in order to set the ball rolling to practice Law in UK. Law practice tests are a good source to hone your skills before appearing in the exam. Like mentioned earlier, they can finish the process of learning law in the undergraduate level itself. It also possible to study Legal Education by earning a diploma in a Law college in the UK or a Law University in the UK. After the degree is earned, vocational courses is completed by students to finally finish their process.

“Education of Lawyers” is the top most body and the governing council for legal education in the U.S. “Juris Doctor” or “Doctor of jurisprudence” is the official law enabling practice degree that is given by law colleges and law universities to students. After this, he has to do a variety of law practice tests to attend a bar exam and pass in it effectively. After a prospective lawyer passes the bar exam, he is given an official license and officially becomes an Attorney of Law. Now he has the option to practice independently or join a law firm.

Federal and State Labor Law Posters for Employers and Justice

If we see now the authorities have made these federal and state labor posters compulsory for the businesses. These federal, state and OSHA posters come together in fact it merge OSHA posters with the federal ones. It makes bit easier to fulfill and bring calmness to the mind. In Florida the labor posters come up because the work force asked the authorities to give them better rights and protection to their rights, so thing can go fine for them on work place. It happens because the demands of the owners to limit the rights and powers of the work force, in most of the companies they wanted to keep the costs price normally low by doing this. Thats why authorities have made and brought these federal and state posters up enough to protect the workers rights, so that they have better earnings, managerial bodies, and health, safety and equal chances circumstances. They have need of a lot more than these. The trade unions working for workers in the organizations basically exceeding industrial clashes, and helping to increase the political supremacy which is opposed by most of the employers and owners.

As far as wages are concern there are many laws which are stating that an employee must get a minimum wage according to his work per hour. This lowest limit of wage is often different from the lowest wage which is considered by the employers in the market. In Florida these law posters require some parameters such as minimum wage, child labor, workers’ reimbursements, etc. The anti-discrimination is against the work force, and this is totally illegal and unlawful and morally unacceptable as well. These federal and state posters make sure that no employer can fire any employee with out any reason; they can only do this when there is a genuine reason. The work force must be allowed to defend their self before they get fired. They have their legal privileges which facilitate them to come up and defend them selves against the allegations. And authorities make sure that they are judged honestly and fairly.

Most of the time just because they are the minorities, such people are hassled not to defend their selves. If we talk about child labor, it also considered as an illegal act by the law. This child labor law is exploited in most of countries at the international level. The main and the basic purpose of these federal state labor law posters are to protect the right of the employees and deal with such obligations. Florida labor law poster deals with the lawful privileges of the employees and the limitations on the people and working of the organization. It is such an authoritative body that can address rules and regulations, standards and managerial rulings of the rights of the workers. It actually, acts as its going between the aspect of the relationships of the trade unions, work force and the employers. Basically the labor laws are more concerned with the employees’ legal rights. The labor law is helpful for the enacting laws shielding their rights for centuries. These are essential towards the economic and social development.

Reputation And Effectiveness Entwined Family Law Legal Representative

In the face of developing unrest career choice being an attorney can be very worthwhile. Laws and regulations can probably be said as a critical part of us. The days are gone when individuals are nervous associated with drawing near legal court or even the lawyers as it is treated while a thing to get ashamed away. These days we cant think regarding major each of our lifestyle without legal guidelines making our own dwelling relatively less difficult. Career choice as being a lawyer is definitely an remarkable profession. Lawyers include the nearly all much respected and also paid for experts. Human connection has grown to be fairly complicated. To unravel this specific complexness we need lawyers to compliment people in most element of each of our life. For instance we could hear instances of peoples divorces because generally as if we are listening to weather. In order the Divorce Lawyer we are able to gain enormous bits of cash along with respectability. In this competitive entire world seeking a new demanding occupation is essential in case would like you to ultimately gain a place amongst just about all.

You’ll find various parts of expertise like a legal professional with regard to electronic. Gary you are able to be an authorized consultant into a business, or even a criminal law firm, bankruptcy lawyer, support law firm or tax law firm and many others. You can also assist other individuals through going after this particular job selection. General public curiosity lawyers shield people who find themselves in any other case unable to afford an attorney in lawful concerns. Because lawyers you are able to carry high governmental positions. In addition to that if you would like you may also undertake individually by yourself free will or hold higher jobs throughout firms. Its a career where you can be thirsty your pursuit pertaining to expertise. You are able to to become the most intellectually demanding career. Expertise within area of interest areas just like natural regulation as well as banned law, work legislation is additionally probable.

As I get stated above complexity within human relations causes it to be required to get a Family Attorney who can guide all of us out of all aspects. A family law attorney is but one that is trained in the elements of family life like union, breakup, annulment, use, surrogacy, child misuse, property and asset settlement, alimony, custody, DNA paternity scam, teen adjudication and so on. that all of us encounter in our every existence. Many of us are living our own lifestyle in the middle of people coming from various facet therefore its a necessity that we’re secured by some regulations to shield each of our curiosity. So job within family law can be satisfying.

Hence we can deduce that will legislations is certainly one career where you can respectability as well as in addition to income. And something doesnt need to discuss the energy that goes with the entire place. Regarding course it relates to many of our hard work and difficult perform. So when we decide each of our career choices because legislation one has to be cautious whether or not we can easily keep focused on our profession because should go the old saying all of us sow even as enjoy. Simply no career is perfect, no doubt actually legislation like a job has its own drawbacks however even as we complement we will need to figure out the issues to show them in to our own favor.

Knowing the Basics of Escrow Law When Purchasing Pleasanton Real Estate

During the process of home buying, you’ll likely hear the term escrow many times. This can be a little bit confusing to many people, especially first time buyers. It’s your right, as a buyer of Pleasanton homes for sale, to understand escrow and the laws that govern it.

What is an Escrow?

An escrow is defined as anything of value to a party, such as a deed, a document, or money, held by an unbiased third party to be used or delivered to another party after fulfilling a certain event, condition, or obligation. The term is also used to refer to the transaction itself.

Escrow Law

For the protection of the parties who entrust their assets to escrow agents in Pleasanton or anywhere in California, the Escrow Law was enacted. Escrow agents, Internet escrow agents, and joint control agents are subject to its provisions.

An escrow agent is someone who is engaged in the field of receiving escrows for the purpose of delivery or deposit, while an Internet escrow agent is someone who is also engaged in this business, but does it over the Internet.

On the other hand, a joint control agent is any individual who receives money or other assets for spending or payment of the cost of services, materials, labor, fees, permits, or any other things acquired in the building of real property improvements.

Under the Escrow Law, anyone involved in the escrow or joint control business is required to be a corporation that is arranged for that function and must be licensed by the Commissioner. Also, all Internet escrow agents are subject to the licensure requirements. However, there are some individuals who are exempted from such requirements:

1. An individual who does business under any state or federal law that is related to insurance companies, savings and loan or building and loan associations, trust companies, or banks.

2. Any individual who has a license to practice law in this state and has a valid business relation with a principal in a personal property transaction or real estate; also, someone who isn’t engaged in an escrow agent’s business.

3. An individual whose main business is making searches or preparing abstracts of title used as a basis for the distribution of a title insurance policy by a certain company that is subject to any state law related to insurance companies.

4. A real estate broker that has a license from the Real Estate Commissioner while working in a transaction wherein he/she is an agent and is required to have a real estate license.

Below are the requirements to be able to get a license under the Escrow Law:

1. Pay the application fee
2. Must be a member of the EAFC or the Escrow Agents’ Fidelity Corporation
3. File a fidelity bond
4. Submit audited financial records that show the minimum financial requirements
5. File a surety bond of no less than $25,000
6. Must undergo background checks done by the Department
7. Must reach the minimum required experience
8. Has to provide a signed affidavit as proof that he/she is familiar with the Escrow Law
9. Must file a branch office application

If you’re purchasing a property in Pleasanton real estate, it’s essential to understand the legal aspects of the home buying process, including the Escrow Law.