Types of Law

Every citizen ought to know the Law of the Land. There is no excuse for not knowing the law. It will not help a person defend him or herself in a legal crisis. Ignorance can never be explained away.

Even when you have not acted against the law, you might need to know the law in order to protect yourself from people who might violate the law. To know ones rights and privileges is not only beneficial, it is absolutely essential. You will never know when the information you have at your disposal might come in handy. Having it ready before any crisis strikes will help you take immensely wiser and more informed decisions which you will not regret later. Just as there are varied disciplines in the field of medicine, there is a wide range of divisions when it comes to law. For instance, everyone knows that you don't visit a general physician for a severe heart ailment. You want to consult a heart specialist in this case. Likewise, for every particular type of law, there are specific attorneys who specialize in that particular field. It really helps to search and identify the suitable attorney for your particular case, instead of heading to the nearest or most familiar attorney for every case.

This article briefly lists the types of law:

Admiralty Law
The Admiralty Law is also known as Maritime Law and governs all U.S. All countries have maritime laws and they are responsible for their vessels regardless of which ocean they are sailing in. Admiralty Law Attorneys represent cases of all matters concerning cargo disputes, oil pollution, fishing regulations, international trade, cargo and injury that takes place on docks and vessels. Admiralty Law Attorneys also offer advice on trade laws, legal matters concerning environmental groups and the protection of endangered species. Admiralty Law also covers freight and passenger liabilities.

Aviation Law
Laws have been instituted by state and federal governments to enhance safety in air traffic. Aviation Laws in the United States govern aircraft operations and the maintenance of aircraft facilities.

Bankruptcy Law
When an individual or a company files for relief of debt, it is termed as Bankruptcy. In the United States, there are specific courts that handle bankruptcy rulings and specialty attorneys who handle these cases. A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial "fresh start" from burdensome debts.

Civil Rights
A Civil Rights Attorney has the responsibility of defending the rights and privileges granted to all United States citizens. These include freedom from slavery, freedom to vote, freedom of assembly, freedom of the press, freedom of speech and the right to be treated fairly in public places.

Consumer Rights
The Attorney General of a particular state houses the division of Consumer protection and its team of consumer fraud attorneys. Complaints about misleading advertising or business practices that are unlawful can be filed and that division investigates and mediates on behalf of the consumer.

Corporate Law
A corporation is a legal entity created through the laws of its state of incorporation. Individual states have the power to disseminate laws relating to the creation, organization and dissolution of corporations. Many states follow the Model Business Corporation Act.

Criminal Law
A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is, however, a Model Penal Code which serves as a good starting place to gain an understanding of the basic structure of criminal liability.

Education
Each state is required by its state constitution to provide a school system whereby children may receive an education. State legislatures exercise power over schools in any manner consistent with the state's constitution. Many state legislatures delegate power over the school system to a state board of education.

Elder Law
The three major categories that make up elder law are Estate planning and administration, including tax questions; Medicaid, disability and other long-term care issues; and Guardianship, conservatorship and commitment matters, including fiduciary administration.

Employment Law
Employment law is a broad area encompassing all areas of the employer/employee relationship except the negotiation process covered by labor law and collective bargaining. Employment law consists of thousands of Federal and state statutes, administrative regulations, and judicial decisions.

Entertainment Law
Entertainment attorneys use multiple areas of legal practice to advise and represent their clients. The different types of employment make knowledge of diverse legal practices necessary for the good entertainment lawyer.

Family Law
Family law is an area of the law that deals with family-related issues and domestic relations including, but not limited to the nature of marriage, civil unions, and domestic partnerships; issues arising during marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction; the termination of the relationship and ancillary matters including divorce, annulment, property settlements, alimony, and parental responsibility orders.

Immigration Law
Federal immigration law determines whether a person is an alien, and associated legal rights, duties, and obligations of aliens in the United States. It also provides means by which certain aliens can become naturalized citizens with full rights of citizenship.

Intellectual Property
Patents, copyrights, trademarks and related interests are known as intellectual property (IP). It has not been long since patents especially were regarded in U.S. courts, and the Supreme Court in particular, as tools of monopolists, and their owners often fared poorly.

Labor Law
The goal of labor laws is to equalize the bargaining power between employers and employees. The laws primarily deal with the relationship between employers and unions.

Military Law
The Constitution grants to Congress the power to raise and support armies and a navy, to suppress insurrections, and repel invasion among other military-related governmental roles.

Personal Injury Law
Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages.

Product Liability
Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain).

Real Estate
Real estate transactions are governed by a wide body of federal statutes and state statutory and common law. The requirements established by state law often differ significantly from one state to the next.

Taxation
Taxation in the United States is a complex system which may involve payment to at least four different levels of government and many methods of taxation. United States taxation includes local government, possibly including one or more of municipal, township, district and county governments. It also includes regional entities such as school and utility, and transit districts as well as including state and federal government.

For a detailed overview on each type of law and to download Free EBook on Law, please visit the Law website.

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Rhode Island Divorce Court Conferences - What Happens Behind Closed Doors?

If you've been in a Rhode Island Family court either for a Rhode Island divorce proceeding or other family law matter and you've been represented by a Rhode Island attorney then you most likely have seen the attorneys go into the judge's chambers on more than a few occasions to discuss your case.

This can, and often is, very frustrating for clients because they want to witness first-hand everything that goes on in their case. To the uninformed client it can appear fairly suspicious and cause considerable nervousness because they don't know what is being said about them, their case, their assets, their responsibilities, etc. . . . . all behind closed doors.

I can certainly understand the concerns of these clients. Here they are sitting in the courtroom, waiting to be heard . . expecting to be heard . . . and waiting as the moments tick by so that they can say something . . . . ANYTHING . . . to make sure their side of the story is heard by the Rhode Island family court judge assigned to their divorce case.

No doubt, as clients sit in the gallery (a more respectable term than the church type pews that line most of the state court rooms) waiting for their attorneys to come back from the mysterious "chambers" of the judge, they conjure in their minds various images of what may be taking place in the judge's chambers based upon everything from their attorney's demeanor that morning, to the size of the briefcase the other attorney may be carrying in comparison to their own counsel.

So is there a purpose to these "backroom" gatherings that clients worry about? Or, is it merely a way to keep the client's mouth shut and bill a few hours for the attorney?

As a Rhode Island attorney focusing my law practice in the area of Rhode Island Divorce and Family law, I can tell you with certainty that these questions are not merely a creation of my own mind. These are, in fact, questions that are routinely tossed my way by clients, by spectators and by arm chair lawyers that want to second guess their attorneys who may well be in with the judge at the time they choose to try to pick my brain, "free of charge", while they sit and wait to find out what fate may befall them on that particular day.

The long and the short of it, is that conferences between counsel and the judge on Rhode Island Divorce and Family Law Cases are in some instances mandatory, such as Case Management Conferences and Pre-trial Conferences, and are, in other instances, necessary to move the court's docket.

Practicality must be a weighing factor here for all concerned, litigants, attorneys and judges. Every year the state courts are overflowing with divorces, custody cases, domestic abuse matters, etc... There are, in fact, many judges who sacrifice their own personal time and convenience (thanklessly I might add) in order to hear additional matters that wouldn't otherwise be heard if the judges didn't go beyond the scope of what they are simply expected or required to do on a daily basis.

Many Rhode Island Divorce and family court judges deserve a pat on the back or round of applause for what they do for the constituents of Rhode Island and those that become subject to the Rhode Island family court system. It is unfortunate that the public itself rarely sees the things the judiciary do for them from the bench and it is rare, if ever, that good servants of the people go unrewarded and unappreciated.

Though we all have our good and bad days, I believe it is worth noting one particular week in which I observed Magistrate Jeanne Shepard who at the time was sitting in the Providence Family Court hearing nominal proceedings, miscellaneous proceedings and protection from abuse matters. I appeared in the magistrate's courtroom three times in the same particular week. That week and the timing of cases was particularly hectic to my schedule and many other practitioners as the case calendar was very heavy with limited time for each matter. Though Magistrate Shepard's voice was "short" at times with both pro se individuals and counsel alike, she endeavored to hear each person in turn, was attentive as each person presented their case, limited testimony to the extent of the rules of evidence and what was appropriate . . . and most significantly on two of the occasions she required her clerk, her stenographic court assistant and her courtroom sheriff to delay their lunches for nearly an hour on two separate occasions to help accommodate people who had been waiting to be heard that morning and to help attorneys rework their schedules so that not only her docket but other court dockets could move forward. Though not appearing to be an exuberant gesture to to anyone, it was a thoughtful and selfless act that was not within any requirement she had. It was well worth the slight rebuke I received when I endeavored to bring testimony before the court that was only tangentially related to the case matter.

The point is simply this. Conferences are a part of the Rhode Island Divorce and family court process. By and large conferences are much quicker than full hearings requiring movement within the courtroom, swearing in, the formalities of entering exhibits, cross-examination, redirect examination, offers of proof and objections that may go on endlessly if counsel is not particularly adept at asking questions within the boundaries of each and every evidentiary exception. Conferences, generally speaking, can save the client considerable time and money as well since conferences are designed to expedite the process.

There are both pros and cons to conferences that clients should be well aware of. Conferences will rely upon the advocacy skill of your lawyer in an informal setting. Hearings rely upon the advocacy skill of your lawyer in a formalized and possibly highly regimented courtroom proceeding in which a judge may hold your attorney to the letter of the law as to argument, testimony and evidence. Thus, information that your attorney might be able to convey that is favorable to you in the course of a chamber's conference with a judge may not be admissible at all in a formal courtroom hearing. If this were the case, valuable information that YOU consider evidence and want presented at a "hearing" on the record . . . may never be heard or even considered by the judge even though your attorney may make an offer of proof as to that information which the court may consider.

No one can expect nor predict if the results of a chambers agreement would, or even might, mirror the outcome after a hearing. Yet there are significant benefits to chambers conferences for clients and it is best to discuss those benefits with your attorney in determining what stance you would like him or her to take. Practicalities are a concern both with timing, court docket, scheduling, and the monies and time necessary to achieve the result you want in the manner in which you want it.

What goes on behind closed doors? Agreeable resolutions with the candor of individuals who usually know the system, appreciate the practicalities, keep the client's concern's and legal interests foremost in mind and want you to be able to move forward to a better tomorrow.

Visit http://www.ChristopherPearsall.com to learn about Attorney Pearsall's Divorce focused practice

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PLUS . . . get detailed Rhode island Divorce Information at Rhode Island Divorce Tips Blog

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This article is for informational purposes only and is not legal advice. You should not take legal action without legal advice from a licensed practitioner who has been fully informed about your specific circumstances.

The Rhode Island Supreme Court licenses all attorneys in the general practice of law and has no procedure for recognition of specialties.

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Mediation In A Florida Divorce - What Is It Good For?

Whether you have considered filing for divorce, or are in the middle of one now, you have heard of mediation. In a Florida divorce, sooner or later you will go to a mediation, either before you file the case; or during the case because Florida judges refer the case to mediation prior to setting a date for trial. The question, then, what is mediation; and what good will it do in your divorce?

Mediation is one of the alternatives to litigation; in other words, an alternative to a trial, and has several important advantages for you. You will use a mediator, who will facilitate communication between you and your spouse. Mediators are not judges; they cannot make you agree, they can simply help you to agree. This is very important in litigated cases, where each party (and sometimes their attorneys) become rigid in holding their positions in a case, and may not consider certain weaknesses of their case because they are so close to the issues.

In Florida family mediators are certified by the Florida Supreme Court, although anyone may mediate your case if you and your spouse agree. A Florida certified family mediator has taken the required training in mediation, including a 45-hour course, as well as satisfied other requirements. Most family law attorneys prefer a certified family mediator because usually he or she is also a family law attorney, and is familiar with family law. However, in Florida, mental health professional and certified public accountants may also become certified in family mediation if they comply with those requirements.

Negotiations in mediation are confidential unless the law requires the mediator to make disclosure. This means you cannot tell your judge what was discussed in mediation. However, the law requires a mediator to disclose certain things, such as child abuse. In any case, the confidentiality is important because it lets the parties discuss the issues and potential agreements fully, without fear of being held to a less favorable position in court if the mediation does not result in a marital settlement agreement.

Mediation has several advantages. The most important advantage is probably the fact that each party keeps control of what the outcome will be. No one is going to be affected by the ultimate outcome like you will be. So why put the resolution of your case in the hands of a third party---a judge--who does not know you, and has hundreds of cases similar to yours?

Also, while your attorneys are an invaluable source of information and advice, they do not work for free. We all know what good legal advice can cost per hour so there is no point in discussing that here. But saving on attorney's fees is also a great advantage in mediation because there is no need to continue litigating once you have reached an agreement--the more money you save in attorney's fees the more you can keep for you and your children.

In addition, studies show that parties to a divorce are more likely to comply with the terms of an agreement they participated in reaching then with the terms of a final judgment imposed by a judge. So, once your divorce is final, you are less likely to go back into court to enforce the terms of an agreement than you are those of a final judgment.

Lastly, there is the advantage of cutting your case short. Anyone who has made their way through the court system is aware of the pressure and stress involved. In a divorce, where many times there are children involved, the last thing a family needs is the pressure and stress of the process or the lingering ill-feeling after the divorce decree is final.

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What To Do Before the Divorce

When it looks like a divorce action may be approaching your marriage, a proactive approach of taking preparatory steps can significantly reduce the overall financial and emotional cost. To get ready before divorce proceedings begin, what follows is a practical guide to organizing your personal business and life in order to help such proceedings go more smoothly.

1) Outline the family financial situation: make a list of what you own, a list of what you owe, what the family income is and from whence it comes, and the family’s monthly bills/living expenses. Specify who is the named owner or owners on each asset and for each debt (home, cars, credit cards, etc.).

2) Make copies of statements for all accounts your family has, such as bank account, stocks or other investments, pension funds, life insurance and so forth, as well as for income tax returns and any other family financial records.

3) Do an inventory and list all the personal property or assets which belong to you and/or which you would wish to keep if a division of family property occurs.

4) Keep. It. Friendly. If you can keep relations with your partner civil and amicable through the split-up, everyone will win at least a little. Vindictiveness is a poison that will hurt everyone, especially children. And if at all possible, unless you or your children are in danger, don’t move out of your home, not even if your partner asks you to and no matter how much you may want to. If there are children involved, and they remain in the family home, the parent who has physical custody and is living with them day-by-day has a much better chance of getting custody of the children than does a parent who has moved out and just visits. Additionally, moving out could compromise your share in the property. Your partner could undermine attempts to get it sold, so you have to keep paying the mortgage; or the cost of paying for two residences – the family home and your new one – could become so difficult that you forfeit your interest in the home to get out from under the debt.

5) Look for an experienced family law attorney and start the search by asking friends or associates for referrals. Before your first meeting with an attorney, write down all the questions and problems about which you want to ask. As when you go to the doctor, a written list will help you remember important topics during what could be an upsetting discussion. It will help focus the meeting so it takes less time, which saves fees, and it will give the attorney a written document of your priorities that can be kept in your file for future reference. Bring your financial records to your initial meeting for the same reasons – it’s much less expensive for the attorney to get information from you than from financial institutions or from your partner’s attorney.

6) The more negotiating and agreement you work through on your own with your partner, before the divorce proceedings are initiated, the less negotiating your attorney will have to do on your behalf, and again, the more money you will save in fees. When agreement can’t be reached, clearly your attorney will need to step in, but you may be able to resolve some day-to-day matters, for example who pays for car insurance or school fees, or how household goods and furnishings will be divided.

7) Don’t make big-ticket purchases or take on new debt. These items will make your finances harder to sort out if the time comes to divide things, and they could add to the debt load you have to assume at a point when your spending money is decreasing.

8) Make the most educated estimation possible of what it will cost you to live after the divorce, so you know what goals you want to meet in the financial negotiations and the divorce settlement.

9) If you don’t have any credit in your own name, you will need it when you are single again. Start getting a good credit rating by taking out a credit card, department store card or gas card. Use it only to the extent you can pay off in full every month.

10) In working with your family law attorney, if you can send a letter or e-mail when you want to communicate, rather than calling the attorney on the phone, it will help your attorney to work more efficiently, saving time and money. If the attorney has issues or questions given to her or him in writing, it takes less time to learn about the issue than if it is described over the telephone, it gives time for the attorney to think about and research a response, and thus makes the response more effective. Long, “story-telling” telephone conversations can raise billing hours unnecessarily. Use your attorney for legal counsel, and go to family and friends when you need to vent or get emotional reinforcements.

This general guide to putting your house in order before a possible divorce will not apply to every situation, nor be right for everyone, but it can help make a good start. Your family law attorney can assess what actions are best for you to take, and the more organized information you give the attorney, the better that assessment will be. Divorce is not something any of us choose to experience, but when it is unavoidable, do it smart and cooperatively and the pain will be proportionately minimized.

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Divorce And Family Law

Divorce is one aspect of family law. Family law deals with all the family related issues such as adoption, prenuptial agreements, marriage, divorce, separation, legal separation, annulment, division of the property accumulated during the marriage, alimony, negotiation, domestic violence, adjudication, child custody and support, child abduction, kidnapping or child seizure, emancipation, abuse in the marriage, parental rights, paternity, juvenile, felonies etc., and many such cases related to family. Other than this they also deal with regular cases relating to criminal laws, property related laws, probation law, trusts etc. However, majority of the cases that come to family lawyers are the divorce, separation, abuse or child custody cases. In simpler words, all the domestic litigation cases are filed under the family law.

Divorce is one aspect of family law and so is to be filed in the family law court. Many legal companies specialize in providing advice for family related issues, most common being separation, divorce and child custody and support. Approaching these companies would be advantageous in messy divorce cases. They would be able to handle with expertise all the aspects of divorce and afterward.

Lawyers and attorneys practicing family law are the best with more experience than qualifications. It is amazing how much documentation and negotiation is expected when taking care of a family related case. Along with this the lawyers must be able to support the party professionally, emotionally and morally all the while helping in separating the client from the spouse and in some instances from the children. Also, the lawyers dealing with the family law cases must be aware of the laws in that particular state as family law differs in each state. An experienced and qualified lawyer would be able to make a divorce case less painful and a lot quicker. Lawyers who are experienced in family law and handle all the necessary documentation for the same are also well versed in the divorce proceedings related documentation.

Family law attorneys charge the fee depending on the type of case. In case of divorce, the price can range depending on whether the parties have still some issues pending between them such as property division, child custody, support etc., Most attorney charge either an hourly fee or a flat rate after the case is filed and the court accepts the divorce. However, the best kind of attorneys charge by the hour as there would be less scope of getting fleeced later on after getting a big settlement or alimony from the spouse. These hourly rates can vary depending on the area or state where the case is to be held. Of course, a lawyer in New York, Beverly Hills or Los Angeles would be expected to charge a lot more than a lawyer from a small place in Iowa! Also, it is a usual practice for the attorneys to charge a retainer, as is the case with regular lawyers practicing in other fields of law. If unable to bear the retainer charges, the court can make the spouse bear the retainer charges when the court is requested for counsel fee pedente lite. Pedente lite is a court order for taking financial care of a low income spouse while court proceedings are ongoing.

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Family Law

Attorneys and lawyers practicing family law take up cases relating to all kinds of family related issues. These can be adoption, prenuptial agreements, marriage, divorce, separation, legal separation, annulment, alimony, division of the property accumulated during the marriage, domestic violence, negotiation, adjudication, child custody and support, child abduction, kidnapping or child seizure, emancipation, abuse in the marriage, parental rights, paternity, juvenile, felonies etc., and many such cases related to family. Other than this they also deal with regular cases relating to criminal laws, property related laws, probation law, trusts etc. However, the majority of the cases that come to family lawyers are the divorce, separation, abuse or child custody cases. A number of details need to be considered when it comes to these cases and family lawyers are specialized in all the legalities involved in such cases.

A number of questions tend to arise when a couple is getting separated legally or getting divorced. One is the process of getting divorced with a minimum fuss, as getting separated or divorced can in itself be a traumatic experience on both the parties. Add to this a contesting from either party and the whole thing becomes quite messy to handle without a lawyer to offer sufficient moral and professional support.

One other important issue that must not be neglected is the child custody and child support if any children exist as a result of the marriage. Even though the court finally approves all the aspects regarding the custody and support for the children, both the parties must be able to reach to a decision even before filing the papers. Attorneys and lawyers practicing family law will be able to provide immense assistance in such cases.

Family lawyers will be able to assist with all the usual questions that might arise in such cases. Child support laws vary in each state as the law is governed by each state individually without any input from the federal level. However, certain issues such as deciding the parent who is liable to receive the custody and the parent who is supposed to pay for the support, calculation of the amount of child support to be borne, etc., are the questions a lawyer from a particular state would be familiar with.

Family lawyers can also be of a big help if the supporting parent is missing or if the payment is not on time, or even in some cases when the individual does not care enough for the court orders to cough up sufficient amount for the child support. Deciding on other criteria such as visitation rights, receipt of money if both the parents are in different states, or when the child supporter is unable to make payments duly on time due to pecuniary problems.

Family problems can be very upsetting and distressing and the best way to handle them is with the help of a lawyer practicing family law. An exhaustive list of lawyers that are qualified, experienced can be found either from the yellow pages or on the Internet with some effort. A word of advice, it is the best option to always go for a new lawyer chosen on basis of qualifications and experience instead of the ones recommended by friends or acquaintances or relatives to avoid any problems or explanations later on.

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