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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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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Common Law Relationships in Canada

Common-law relationships are on the rise: according to Statistics Canada, the number of common-law couples is growing at 16 times the rate of marriages. There's a lot of confusion about the rights and obligations arising from this kind of relationship -- especially when it breaks up. Here's a brief primer.

By Malcolm Kronby, LL.B., Q.C.

Through a long period of English history, competent individuals could marry without the intervention of any civil or religious authority. If there was at the time a statute governing marriage, this was not the only way a marriage could be formed. Parties could be married at "common law," that is, quite apart from "legal" marriage or accordance with the formal requirements of a Marriage Act, such as issuance of a licence, and a ceremony of solemnization conducted by some person officially empowered to do so.

To create a common-law marriage, there had to be an agreement between the parties, as in some exchange of promises; legal capacity to make a contract, e.g., sufficient age, sound mind and free will; cohabitation; consummation by sexual intercourse; and public and continued recognition of the relationship.

After a lengthy controversy, a statute was passed in England in 1753 aimed at the abolition of common-law marriages and secret marriages, and that contained strict requirements for a valid marriage. By 1844, as a result of judicial decisions, it was clear that no valid marriage could be formed at common law in England, and that this was the state of the law at least back to the 1753 statute.

The effect of the English statute in Canada is not as clear as it should be after all these years. Probably the statute was not imported into Canada, so that in every province except Quebec it is possible to have a valid marriage in very special circumstances without strict compliance with the provincial Marriage Acts setting out the formal requirements. For instance, parties may not absolutely need a marriage licence if they go through a ceremony of some sort with the intent to be validly married, then live together, particularly if there are children of the union. This body of law is extremely technical. Our courts have a long-standing tendency to narrow the possibility of a valid marriage of this sort.

Also, the courts will interpret formal validity of marriage in accordance with the law of the place where the marriage was solemnized. Many places do not have procedures as strict as our provinces, or adverse conditions, such as war, make these procedures impractical.

So, although it is possible to create a common-law marriage recognized in Canada in the sense that common-law marriage hasn't been specifically abolished, no one who wants the legal state of marriage should fail to comply with all of the statutory rules of the place where the marriage is performed.

What constitutes a "Common-Law" Marriage?
We generally use the term "common-law marriage" to describe the voluntary union of a man and woman in a lasting relationship resembling marriage. The parties may indeed behave as if married, refer to each other as if married, and be recognized or assumed to be married in their community. In fact they are not married -- no matter how long they have lived together, no matter how many children they have.

They may have specific rights as conferred by statutes. For instance, they may treat each other as dependants for tax purposes, and take the same deductions as if they were married. They have mutual obligations to their children, with all rights of custody and access, as if married. They receive Child Tax Benefits. They can insure each other's life and qualify for pension benefits.

In Ontario, they have a mutual support obligation at law because of the Family Law Act. This arises because the Act states: "Every spouse has an obligation to provide support for himself or herself and for the other spouse, in accordance with need, to the extent that he or she is capable of doing so," and defines "spouse" to include either of a man and woman not being married to each other who have cohabited:

a) continuously for a period of not less than three years; or
b) in a relationship of some permanence,if they are the natural or adoptive parents of a child.

Almost exactly the same words are used in the Ontario Succession Law Reform Act to permit an unmarried dependent "spouse" to claim against an estate. One remarkable case dealt with the effect of an incomplete sex change. The parties, both born female, had in the course of their lives married and had children. After that, they formed a relationship together that endured for twenty years. One of them, taking the male role, had extensive psychotherapy, hormonal injections, a double mastectomy and a panhysterectomy but no genital surgery. He (she) had changed the gender designation on his (her) birth certificate. They separated, and the male partner claimed support from the female. The Court held that they were not a man and woman who had cohabited, since the sex change was incomplete, and reversible if hormone injections were stopped. The mastectomy and hysterectomy were inconclusive, since many women have this surgery without any question of their gender. The result might well have been different if there had been genital surgery.

Property rights
Parties who live together as if married have no property rights under the Family Law Act, so that there's no statutory entitlement to sharing of assets if they separate. Parties who live together may have property rights against each other based on the same legal principles that govern property rights between any unrelated people. This law is founded on the idea of compensating a person for the contribution he or she makes to the property of another, by imposition of a constructive or implied trust from the recipient in favour of the contributor.

The Supreme Court of Canada considered the case of a couple who lived together unmarried for about twenty years, during which they worked together to build a successful and prosperous beekeeping business, registered in the name of the man. The Court found that the woman's contribution in equal work and effort gave rise to a constructive trust in her favour for one-half of the property and business assets. There have been many other cases in which a share of property or some money award has been given to a party in a "common-law" union.

Cohabitation agreements
Parties who live together can create their own support obligations and property rights by making a "cohabitation agreement." The Family Law Act specifically permits this, in the following words:

"A man and a woman who are cohabiting or intend to cohabit and who are not married to each other may enter into an agreement in which they agree on their respective rights and obligations during cohabitation, or on ceasing to cohabit, or on death, including:

a) ownership in or division of property
b) support obligations
c) the right to direct the education and moral training of their children, but not the right to custody of or access to their children
d) any other matter in settlement of their affairs."

To be valid, a cohabitation agreement must be in writing, signed by the parties, and witnessed. If the parties to a cohabitation agreement subsequently marry, in the absence of specific words to the contrary, their agreement becomes a marriage contract.

This article has been edited and excerpted with permission from the seventh edition of Canadian Family Law (Stoddart Publishing, $15.95) by Malcolm Kronby, LL.B., Q.C. This book is invaluable for anyone who needs to understand the current laws regarding marriage, separation, divorce, child custody, support, property rights, and much, much more. Malcolm Kronby is a respected Toronto lawyer with Epstein Cole, and an instructor in family law at Osgoode Hall.

Common Facts

By Diana Shepherd

Released in October 1997, the 1996 Census states that: "Of all family structures, growth was strongest among common-law couples." The Census defines common-law couples as "two persons of the opposite sex who are not legally married to each other, but live together as husband and wife in the same dwelling." Here's some food for thought from this Census:

between 1991 and 1996, the number of common-law families rose by 28%, while married-couple families increased by only 1.7%
in 1996, there were 434,950 common-law couples with children at home -- up a whopping 47% from '91
in Ontario, there were 164,550 children living in common-law families in '96 -- a 45% jump from '91
common-law and single-parent families make up more than a quarter of the 7.8 million families in Canada; ten years ago, they accounted for one-fifth of the total
almost half of all Canadian common-law couples live in Quebec

Who's In Control - You or Them?

By Stacy D. Phillips, Certified Family Law Specialist
The Judge

In the continuation of a six-part series of excerpts from the book, Divorce: It’s All About Control—How to Win the Emotional, Psychological and Legal Wars by certified family law specialist, Stacy D. Phillips, she discusses the different “types” that tend to control a divorcee’s divorce process in the courtroom. In this segment, Ms. Phillips details the characteristics of the “judge variety”—those individuals who often assert authority taking complete control of a couple’s divorce, leaving them at the mercy of the courts.

The "Heard-It-Alls" This category of judge has little patience for the daily routine that goes on in the courtroom, between counsel, or for that matter, the parties, and refuses to grant continuances for “frivolous” reasons. Heard-It-Alls become easily fed up with standard excuses and can see past every histrionic ploy. Don’t try to pull anything over on a Heard-It-All because they already have heard it all! This moniker suggests a negative connotation. However, the label can equally apply to a very experienced, no-nonsense, truly fine judicial officer who, indeed, does know it all.

The "Peacemakers"
Contrary to the Heard-It-Alls, the Peacemaker is the type of courtroom boss who attempts to get the parties to come to terms and may even suggest the case be continued until additional settlement discussions can take place. The Peacemakers are known for being big on child rights. They also tend to be more sensitive to the perils only divorce can bring. As such, they try to minimize the trauma of the courtroom experience on the parties who come before them.

The "Technocrats"
This group tends to care less about the “people” side of the hearing and rules by the book. They typically have no “heart” and could care less about the parties personally. The way the Technocrat sees it, they have one duty and one alone: to uphold the statutes under which the marital laws fall. Do not try the emotional plea or pray to the Technocrat for mercy. A Technocrat will rule right over you!

The "Equalizers"
This group always wants to do what is fair and usually come from a “one for her, one for him” point of view. They have a “split down the center” mentality. As such, they are calmly focused on dividing everything equally—that includes responsibility for the children, assets and liabilities! Their focus is on equality, whether it means ordering each party to pay his and her fair share of attorneys’ fees or picking up responsibility with regard to the children. Though equitable, this judge does not have any patience for antics, so save any outbursts for the hallways.

The "Solomons"
Often times they are not focused on what might please the parties or what will cause the least amount of havoc. The Solomons are simply trying to get to the bottom line—or at least what they perceive is the right result. Like King Solomon who knew that the real mother would not allow him to “split the baby,” the Solomonesque judge will work with the parties to achieve the right moral result. This approach is particularly important in child custody disputes.

The "Hammers" Highly respected for their familiarity with all the family law statutes—new and old—the Hammers will strictly enforce each code. Low on patience, they are high on authority and not afraid to wield it. The Hammer often reaches a conclusion on the merits, i.e., decides the outcome he/she wants and then strives to reach that result through rulings and/or pressure on the parties. Hammers are particularly dangerous if they are not well versed in the facts or the relevant legal issues. You never want to get on the bad side of Hammers because they can pound you right into the courtroom floor. Good for you if the Hammer rules in your favor, but it could go the other way next time!

The 'Judge's Judge" combines the best traits and skills of each of the judges described above and is thoroughly well versed in all aspects of the law and is not afraid to make the tough call or lean hard on the parties when necessary. This judge does not mind hardball, but insists on fair ball. They can be Solomonesque when appropriate, or address issues with diplomacy. A Judge’s Judge takes each case individually and listens to all the facts before making a decision. These judges are typically compassionate types who make both parties feel as though they were well heard and their requests considered.

The "Lazy Judge" combines the worst traits of the various judges described above (except, of course, the Judge’s Judge). This is the judge who doesn’t read the papers and simply goes through the motions of performing his/her judicial duties. The Lazy Judge may fall back on hyper technicalities, “split the baby,” or do anything else necessary to get the matter off his/her docket. With the other judges—for better or for worse—you can plan. With the Lazy Judge, the outcome is truly unpredictable.


Your judge can be a mixture of some or all of the above. As you go before them, know that they can have tremendous control over your marital circumstances. This can bode well for you or it can be difficult, depending on how the court’s rulings come down, and it can affect you for years to come!


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Stacy D. Phillips' book may be purchased through Amazon.com, Barnes & Noble.com and in all major bookstores throughout the country. Visit her website: www.controlyourdivorce.com for more information.


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Agreeing To Part - The Uncontested Divorce

This is fast becoming the major trend in the UK. It is on the rise in the USA too, but not to the extent it is in this country. The picture is mixed in Europe, France being the country with the largest number of couples fighting their way to a highly contested court case and emotionally charged divorces. Does this mean that the British people are surpassing examples of matured and calm understanding when it comes to divorce? Not necessarily, but it does mean that law cases costs a fair bit here, and few are in the position to afford it. Uncontested divorces have become so very popular precisely because the very areas of conflict that are causing the divorce had been resolved as far as possible between the partners before they came to the court. When the areas of conflict are eliminated, there remains little left to do except finish the paperwork and formalities.

Advantages of Uncontested Divorces

There are several direct and indirect advantages of this form of divorce, which have been listed below:

• There is scope to cut costs in a major way. A court battle is not the only thing that requires expenditure, but a lot of money is wasted when a couple fights, and misses out on work, therefore, being unable to earn as they normally do. It is time that costs most, in very literal terms.


• The need to go to a lawyer and spend for it rises only when there are issues into which a lawyer needs to look into. The necessity of calling in a lawyer at all arises only when there are unresolved conflicts between the two parties. If both partners realise that dragging it out in painful and bitter detail will only hamper their work and empty their purses, then there is little need to fear for a situation when the expenses are spiralling out of control.


• Saving time is a major issue, not just where the lawyer or office working hours are concerned. The faster the two partners see reason and agree, they would be able to get the divorce process started. Even a slimmed down DIY will take a minimum number of days if a divorce is to be obtained according to the given laws of the land, where provision has been made for gaps between crucial stages not just to give some time to the court to prepare the papers, but also to let the couple think it over before taking the next step. If everything else except processing the papers is already done beforehand, it is possible to finish the divorce in exactly the minimum time as stated in the law books.


• The emotional toll on both parties is much less in the case of uncontested divorces. It is bad enough they need to part forever, but there is no need to make it worse by screaming and fighting and storming out at each other. At the end of the day, we are human beings, all of us have a bit of good and bad in us, yes, and even the man or woman with whom your partner is having an affair is not an entire villain. The most silently suffering spouse is not entirely saintly either. If we cooperate with each other on the grounds of common humanity, leaving some space for our frailties and some respect for our opinions, the world, maybe, not turn better, but it would be easier to sleep at night. The small mercies that we show each other at times of crisis are the true measures of our humanity. This is not poetry, it is plain hard common sense, and helps to save a few pounds too.


• It is definitely much easier on children if a divorce is uncontested. The greatest victim of the battle between a pair of adults is often the child who has no fault at all, but on whom both parties vent their frustrations. In the process, they scar an entire generation for life, and it is simply unfair. There is no way to justify the suffering of children for their parents’ follies. Our country is already full of unhappy kids; we don’t need to add to the number.
  

James Walsh is a freelance writer and copy editor. For more information on getting a Divorce see http://www.quickie-divorce.com

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