Documents You’ll Need in Divorce – A Good List To Start With

Divorce Documents

As you head towards a divorce it’s important to be prepared.  This involves both emotional preparation for the long road ahead and finding a talented family lawyer that suits your personality.

Another important thing to gather and prepare are all the relevant documents you will need.  Having an incomplete list may leave your attorney in the dark when it comes to important matters such as property settlement or child support.  Here is what I call a “starter list” of the minimum documents you should collect before talking to an attorney or filing yourself.

Prenuptial agreements:  These are legal contracts you may have signed before the marriage.  They can governs everything from property division, spousal support after the marriage or child custody matters.

Pension statements:  You should collect these retirement documents for both yourself AND your spouse.  Generally, spouses can claim a portion of their partners retirement income if funds were used during the marriage to contribute to these types of plans.

Proof of current income:  This includes all W2s, 1099s, and other documents listed below such as bank statements and tax returns.  Basically, if you list is on your taxes as “income” then collect the documents that support those numbers, including home businesses.

Proof of spouse’s current income:  This includes W2s, 1099s, income from side businesses, repayments of debts (including interests), gifts, etc.  Examine the last few years of tax returns to give you an idea of what types of income are reported and then find the documents that support those claims.

Certificates of deposit:  A certificate of deposit is an instrument typically sold by a bank which represents a deposit of cash that cannot be withdrawn (without penalty) until a certain date.  For this promise the bank pays a higher interest rate.

Stock portfolios and stock options:  Documentation about stock portfolios usually take the form of monthly brokerage statement that come in the mail but be wary!  Many brokerages send their statements via email exclusively so you will need to check there.  Stock options are typically evidenced by a document “granting” the individual the options, but may also be contained on pay stubs, tax returns, or any documents you may have used to qualify for a mortgage or other loan.  These are usually considered assets and will be listed anywhere you may have needed to prove your financial status or net worth.

Credit card statements:  These may also be arriving via email so be sure to check all possible locations for the statements.  If you think you may not be aware of some credit cards check email  for correspondence or junk mail from the credit card provider.

Property tax statements:  These come in the mail and will document the tax assessed (and often the market) value of the real estate you own.  Be careful to watch out for property you may not be aware of.  Also note any unpaid taxes or tax liens showing on the documents.

Bank statements:  These m ay also be coming via email.  Pay special attention to deposits and withdrawals because large deposits or withdrawals may indicate hidden bank accounts your spouse may not have told you about.

Loan documents:  Loan documents always show proof of income and can also lead you to the exact documents you may need to verify proof of income.

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Ways in which a Business Lawyer can help you Start and Run a Business

Hiring a Lawyer

Many business entrepreneurs entertain the notion that hiring a lawyer is an expensive and unnecessary thing to do when there are other aspects to look into. However, the truth according to Rowe Bristol is that commercial lawyers can help prevent expensive and time-consuming mistakes that can threaten the stability and success of your business. Smart business entrepreneurs find a lawyer that they can rely on and make them a part of their business team from the start. Having a trained lawyer on your side to tackle legal issues can prevent them from snowballing into bigger troubles down the line.

A trusted business lawyer can provide valuable guidance and assistance in several different ways:

  • Advising you on the type of structure that is most suitable for your requirement
  • Providing guidance on the permits, licenses etc that you need to take in order to legally set up a business in Australia
  • Preparing and creating standard agreements and contracts as well as specialised ones as and when the need arises
  • Advice on preparing sale or purchase agreements
  • Guidance regarding tax laws, employment policies and procedures

Your lawyer will also help review and negotiate contracts with third parties including property leases and loan documents. They can also provide valuable assistance in preparing non-disclosure agreements and work for hire contracts. Commercial lawyers can also help formulate agreements to protect confidential company information and advise you regarding compliance issues. If you wish to protect your business name, logo, packaging and labelling etc under trademark protection, your lawyer will be happy to prepare a correct and complete trademark protection application to the relevant authorities.

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Legal Aspects of Nullity Under Australian law

Nullity Under Australian law

Apart from divorce, nullity constitutes another way of bringing marriage to an end. However, family lawyers will advise you that in contrast to divorce as the ending of a valid marriage, a declaration of nullity under Australian law implies that there was no legal marriage between the parties, notwithstanding the fact that parties might have held a marriage ceremony.

As a matter of Australian law, it is a prerogative of the Family Court of Australia to declare a marriage invalid. In making decision on the legal validity of a marriage, the court considers the following factors: 1) whether the parties were already married at the time of their marriage ceremony; 2) whether the parties were underaged and did not have the necessary approvals, or 3) whether the parties were forced into the marriage without their free will (under duress).

Here, it is extremely interesting to note that the court will not declare a marriage invalid on a variety of grounds, such as family violence, failure of the spouses to live together, non-consummation of marriage, etc.

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Important Reasons to Consider Estate Planning

Estate Planning

How do you want your Assets to be distributed after your Death? Important Reasons to Consider Estate Planning

Estate Planning is a crucial process whereby you control the process of distribution and disposal of your assets after your death. By requesting the guidance of competent estate planning lawyers, you can provide for loved ones and dispose off your assets in accordance with your wishes. Each person works hard, often over several decades, to acquire financial and property assets as well as other kinds of resources.

You may own monetary assets, homes, plots of land, jewellery and antiques and so on. Some of us are fortunate enough to inherit wealth. Hence, it a good idea to give adequate thought to estate planning. In other words, estate planning involves much more than simply deciding who inherits your grandfather clock.

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Regulation of Corporate Crimes in Australia

Corporate Crimes

Current issues and trends in regulation of corporate crimes in Australia

In Australia, corporate crime is covered by the category of the white collar crimes and can be broadly defined as crime committed within the course of one’s occupation by individuals of relatively high social status. However, in contrast to those white collar offenses which are committed against companies, such as embezzlement or misuse of personal computers, corporate crimes include offences perpetrated by companies or their agents against members of the public, creditors, investors or corporate competitors.

In most cases, corporate crimes have deliberate nature, such as fraudulent billing of the government for examinations that have never been performed, or winding back the odometer in order to deceive prospective customers. In addition to this, a great variety of corporate crimes is connected with recklessness, negligence, or inattention to detail.

In elaborating further, corporate crimes in Australia may be classified in accordance with specificities of a field in which the crimes are committed. Thus, legal experts usually categorise corporate crimes as security crimes, tax crimes, crimes in the field of safety and occupational health, environmental crimes, consumer crimes, food standards, restrictive trade practices, economic offences against employees, discriminatory practices, etc.

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Assert Your Rights: Commercial Litigation can Help Protect Your Interests in Business

Commercial Litigation

Commercial litigation could involve several different types of disputes in the world of business. Asking for the assistance of competent commercial lawyers can help you protect your interests and assert your rights. Formal business agreements or governing documents go a long way in minimising the likelihood of confusion and stress. Business agreements help impart structure to commercial relationships and set out procedures to be followed in the event of disputes etc. The governing documents provide excellent guidelines for different situations.

Business contracts help specify the issues that had been agreed between the shareholders, directors and partners and so on. Such agreements also help provide clarity by mentioning timeframes, payment schedules, rights and responsibilities. All those who have a controlling stake in the business have a precise record of what they agreed to and in addition, the agreement will also spell out the conditions if you wish to make an exit. Most importantly, a legal business agreement is a document that is recognised by Australian law and courts.

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Anxious Regarding a Property Dispute? You Should Know Your Rights

Property Dispute

Property disputes may occur in various settings and scenarios. Property lawyers can help you obtain your fair share and assert your rights. For example, property disputes could involve disagreements with neighbours over trees and fencing or you could face a property dispute with a divorced spouse or partner. As a matter of fact, it’s very common for people to have disputes over trees and fencing. Disputes over trees and fences may be caused due to leaves from the overhanging tree may clog gutters or fall into a pool.

There may be increased risk of overhanging branches falling on a person or a child and causing injuries and accidents. Falling branches may also cause damage to property. Disputes could also arise regarding the sharing of costs for building and upkeep of fence. Other disagreements could arise regarding the height and type of fence.

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Need Assistance with Traffic Infringement Notice?

Traffic Infringement Notice

Competent Legal Counsel can provide Guidance

Traffic infringements occur when an individual is found to perform an action that contravenes traffic laws or regulations. Reliable criminal lawyers can help guide and assist you if you are served with penalty notices and so on. Traffic offences that are considered minor are not associated with the penalty imprisonment. If you commit a minor traffic offence, you are issued with what is known as a TIN or Traffic Infringement notice. Such offences require an expiation fee to be paid within twenty-eight days of committing the offence and are resolved in the court. Once the offender pays the expiation fee, he or she is no longer liable for any further prosecution for that specific offence.


In case, the offender fails to pay the expiation fee, they will be served with a reminder notice where an additional fee will be added to the original expiation fee. However, under hardship conditions (if the offender is genuinely found to be in difficult financial conditions), the court may allow one or more of the following payment arrangements to be implemented:

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Thinking of Making Out Your Will? The Right Way to Leave Property in a Will

Leave Property in a Will

A Will is a document that specifies the way in which your assets disposed off after you die. Competent Wills lawyers like Perth Wills Lawyers can help you prepare a watertight Will that contains comprehensive and clear instructions regarding disposal of assets and the beneficiaries. A Will also contains information regarding the person(s) or organisation that will execute your Will in the aftermath of your death.

There are two main ways in which property can be disposed off in a Will: Right to Reside and Life Interest. Both these terms are explained below.

Right to Reside

In this case, the beneficiary is usually allowed to live at the premises until his or her death. In certain cases, the beneficiary may be allowed to live on the property for a specified amount of time. The beneficiary may also be expected to pay for upkeep and maintenance. All this information will be clearly stated in the Will.

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Are High Costs of Divorce Making you Nervous? Explore less Expensive Alternatives

Costs of Divorce

Divorce is a difficult experience for men and women, financially and mentally. Top family lawyers Family Lawyers Perth suggest that in addition to being emotionally stressful, divorce proceedings are typically driven by negativity, resentment and anger as opposed to reliable judgment and rational decision-making. Failure to agree on issues and acrimonious interactions result in lengthy, costly and tense court battles that seem to drag on forever.

Bitter and caustic divorces have a long-term impact on your financial health and couples may experience the adverse consequences long after the legal battle is over. High lawyer fees, steep court costs and other expenses result will make a huge dent in your hard-earned money. However, the good news is that divorcing couples need not undergo such stressful and prolonged legal proceedings. By adopting a synergistic and collaborative approach, they can resolve their issues, work out settlements to mutual satisfaction and move on with their lives.

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Stressed over Allegations of Insider Trading or Securities Fraud

white-collared-crime

Get Able Assistance from Qualified Lawyers

The term white-collared crime can be used to describe a wide variety of offences. By seeking the assistance of certified criminal lawyers, you can effectively defend yourself and assert your rights. In general, white collared offences are not criminal in nature and do not involve violence; they are usually committed for financial gain though fraud or deceit. Also, white-collared crime is usually (but not always) committed against organisations or companies. There has been a lot of debate recently about increasing the penalties against white-collared crime.

Different types of white-collared offences are listed below:

  • Insider trading: This type of fraud carries the most severe penalty for white-collared crime in Australia. The Australian Securities and Investment Commission (ASIC) can levy penalty costs upto $ 450,000 and/or imprisonment upto 10 years.

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Experiencing Difficulties in Following Parenting Orders?

Parenting Order

Make a Legal Request to change Parenting Orders

In the eyes of Australian law, all individuals under the age of 18 are considered children and they must be cared for by parents regardless of extraneous circumstances affecting their relationship. If you seek legal guidance, top family lawyers such as Family Lawyers Adelaide will explain that parenting orders are issued by the Family Court and are intended to ensure the welfare of the child. Whether parents remarry, divorce or separate, they are legally obliged to care for their child in accordance with the parenting orders provided by the court.

The Family Court will usually issue parenting orders after the parties reach an agreement or after a court trial or hearing. Once parenting orders are issued, all parties affected by the order (parents, caregivers and so on) are legally obligated to follow the guidelines and recommendations.

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Divorce is Often Stressful and Traumatic: Taking Precautionary Measures can Help Ease out the Process

Precautionary Measures

For most of us, the decision to end a relationship is often a life transition point. Reputed firms such as Family Lawyers Perth can provide valuable advice regarding potential problems and pitfalls. It’s always a good idea to take simple steps and precautions to ensure that divorce proceedings are simple, straightforward and quick. Lengthy divorce hearings, stressful interactions and prolonged court ordeals result in worry and anxiety and may affect not only you but also other loved ones in your family. Resolving financial issues and protecting your rightful property and assets can help you move on to lead a fulfilling and happy life. Feelings of rejection, anger and resentment may prevent us from making positive decisions.


The most important thing is to ensure that your financial assets are protected. Although, this may not seem important to you at the time, having free access to your rightful monies may prove invaluable down the line. The following list describes some important things that you may wish to do in order to ease the difficult process of divorce.

  • First, make a detailed list of all your assets. Separate this list into assets under your name, assets under your partner’s name and assets held jointly.

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I am David Mytton

Legal Advice

In August last year I set up this to allow me to blog under a new persona about law without worrying about discussing topics that might offend the readers of my main blog (who are mostly my customers). I created a new identity called Wilbur Parry, based on the character Will Parry from the His Dark Materials Trilogy (Will is also the name of two of my best friends, but that’s not really relevant).

One true aspect of my identity is that I was a law student. I have since decided to take a gap year and shall be restarting my course at a different university (Birmingham) this year.

I wrote a fair number of posts on the site and I managed to generate a decent number of visits (1,820 visitors and 3,063 pageviews). It got listed in the Blawg Review – #78 was hosted by Human Law – and is linked to from quite a few legal blogs.

That experiment is now over. I have just finished merging most of the posts into mytton.net and you can read them under the Law category.

Thanks for reading!

…meanwhile, 95 years later

copyright

When you create something in artistic format such as a piece of writing or music, you automatically get protection to use that creation how you wish without anyone necessarily being able to use it without your permission. This protection is known as copyright and allows the author to exploit their hard work and try and make money from it. The format that you create the piece of work determines how long the protection lasts for – it is not forever – and this duration has been at the heart of some quite strong discussion recently.

Looking specifically at music, to quote the Patent Office website:

Copyright exists in your original music composition or score for your life plus 70 years from the end of the year of your death. The same length of time applies for the lyrics, whereas the sound recording only lasts for 50 years from the end of the year in which it was made or, if published in this time, 50 years from the end of the year of publication. If not published during that 50 year period, but it is played in public or communicated to the public during that period, then copyright will last for 50 years from when this happens.

A socialist might ask why is there a duration at all whilst a capitalist would ask why is it not longer? The two extremes, whilst not really a fair description of the representatives of the two sides of the argument, do allow some form of reasoning to be applied to a) why there is a duration at all and b) why the number of years is set as it is.

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Petition the PM

Petition the PM

Today I was impressed by the government. It doesn’t happen often, but today it did. What was impressed by? I was linked to an online petition through the Open Rights Group I am a member of, hosted by the Downing Street website. I went on to discover that the website is running a trial of an online, automated petition system that allows any British Citizen to submit a petition to Downing Street and let any other British Citizen electronically sign it.

Petitions have long been sent to the Prime Minister by post or delivered to the Number 10 door in person. You can now both create and sign petitions on this website too, giving you the opportunity to reach a potentially wider audience and to deliver your petition directly to Downing Street.

The system is run by mySociety and the software used is open source and can be downloaded by anyone.

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A week of morality

A week of morality

David Mytton is having a kind of themed week on his blog. On Monday, today and Friday he is posting a discussion/analysis of certain moral questions interspaced by two posts yesterday and tomorrow with business advice.

On Monday the topic was:

Is there any difference between lying to someone and withholding something from someone?

and today the post is:

If a friend did something illegal, would you inform the appropriate authorities?

Thoughtcrime

Thoughtcrime

The latest post by Geeklawyer, specifically the first paragraph, caused me to think about the differences between inciting hatred and violence.

Geeklawyer is glad that the ultra right wing extremist British National Party (BNP) leader Nick Griffin was acquitted of charges of using words or behaviour intended to stir up racial hatred. He is of the view that only speech which incites, or is genuinely immediately likely to do so, violence & discrimination should be unlawful. If hating $(todays_unpopular_group) is lawful, and even this government is not proposing to make it illegal to hate Muslims, then inciting hatred should not be an offence either. Inciting violence yes, inciting opinions no. Criminalising incitement because it makes it easier to prevent violence is not the answer since it has knock on effects on free speech.

What is basically being said here is that hate is a feeling and/or opinion – it is not something physical and is many cases results in no detriment to the hated object so far as physical action is concerned. In the UK we have the right to free speech and so we can enjoy hating whatever or whoever we want without fear of being arrested. Even when the hatred is voiced it still counts as opinion and we still have the right to freely say what we want.

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The God Delusion

The God Delusion

…the Government of the United States of America is not, in any sense, founded on the Christian religion;

This is an interesting quote from a treaty with Tripoli, drafted in 1796 under George Washington and signed by John Adams in 1797 (the first president and vice president respectively) because the common perception is that America is perhaps the most religious country in the world. This may or may not be correct, but as the BBC reported:

A survey done in 2001 by the City University of New York Graduate Center found that 85% of Americans identify with some religious faith. In contrast, in Canada and the United Kingdom, two societies often perceived as quite similar to the United States, only 28% and 17% respectively described religion as similarly important in their lives.

This clearly presents us with a paradox – despite the founding of the USA as a secular country, religion has far more of a part in daily life than in England where the entire constitution is based around a central church, a monarch as head of state and religion influencing many aspects of society including law and education.

Over the last few weeks I have been reading the latest book by Richard Dawkins, Professor for the Public Understanding of Science at Oxford University. Previously, I have read The Blind Watchmaker which goes into great biological detail about evolution, with the specific intention of countering creationism – and it does a very good job. So based on my experiences with that title, I immediately purchased a copy of The God Delusion which takes aspects from all of his books and presents them in a logical format in order to completely disprove religion.

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Expression

Expression

In English Language A Level you look at various aspects of the English language, one of which being comparing the types of form – i.e. spoken and written language. This includes looking at the features of each and comparing them. One of the “advantages” of written language that is highlighted during any comparison is its permanence in the sense that when something is spoken, unless you record it, it is lost, but something written is usually pretty permanent.

I enjoy writing and the written form is my favourite method of expressing myself. I find it easy to write down something – a description, a commentary, an answer to a question or my thoughts about something. I find that it allows me to logically transcribe what I’m thinking and arrange my ideas and thoughts effectively.

Usually, when I write something such as a blog post or an essay, I will sit and think for a few moments about how I want to start the first paragraph and then I will start writing. I rarely plan – I just start writing and the rest of the text just flows naturally. After I have written out the first draft, I will reread it several times adjusting phrases, updating grammar and perhaps rearranging a few sentences or adding some additional detail. Despite not planning I don’t find that I need to rewrite anything. I can only remember one or two instances where I have written something out for a blog post and then not posted it at all, and those were on a different blog about personal topics.

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Religious Dress

Religious Dress

It is currently Reading week – a time to read. Yeah. Or something like that.

In addition to reading, we have been set a short assignment to comment on a case we have been looking at in Constitutional & Administrative Law, an assignment I have just completed and am now going to republish here:

Read the Court of Appeal decision of Brooke LJ, and the House of Lords decision of Baroness Hale, in Begum v Denbigh High School. In your opinion, how should this case have been decided and why.

The UK is not secular – throughout the country there exist schools run by the church, Religious Education is part of the national curriculum and religious dress is often incorporated into uniform policy. Indeed, the history of the UK revolves around religion and the influence of the Church of English, and now increasingly the religious beliefs of a wide variety of faiths. In contrast, the United States (and many countries in Europe) operates a secular educational system to allow the state to appear neutral. However, despite this, an interesting paradox exists in that the US “is now the most religiose country in Christendom, while England is among the least”[1] . This is particularly the case when the President of the USA himself openly states that “he [is] driven with a mission from God”[2] which goes against the original non-religious founding beliefs of the American government.

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The Perfect Example

detention-without-trial

When I showed the Military Commission article on The Register to one of my friends yesterday he said that it’s a sign of things to come here in the UK. I disgreed because in the UK we do have an effective parliament and safeguards in place. The government might try and instigate the likes of the Legislative and Regulatory Reform Bill but they have so far, and I hope always will, fail.

Another perfect example of how this is the case is when the detention without trial idea was suggested only to be scrapped because it is against human rights laws. It’s ironic that it was this Labour government that passed the Human Rights Act in 1998 and now things they are trying to get through are being blocked because of it! I’d like to think that anything similar to this in the future will meet the same fate and our judicial system will ensure that even if something suspect does come into force, it doesn’t have much of an impact upon the freedoms we take for granted.

And I’m glad the Lord Chief Justice thinks along the same lines.

The beginning of the end

The beginning of the end

I hate the American media. I can’t stand their “news”. And I use “news” in the lightest sense. You only have to watch Fox News to see what I mean – a show of pure drama and hype. The news as I see it in the USA is purely for entertainment value and rarely shows an unbiased or independant view. Contrast that with the BBC News and even ITV or Channel 4 news and it really becomes aparrant. We are so lucky in the UK to have the BBC News providing real impartiality in their original news broadcasting.

However, despite my dislike for news reporting in the United States I am actually going to link to a 9 minute clip from an MSNBC broadcast which mirrors some of the points I highlighted yesterday. But even this clip that assults the Military Comissions Act and the government that passed it caused a shiver down my spine in the way that it was presented. If this had been reported by the BBC News (it may have been, but I don’t have a TV) I would have expected a summary of the points of the legislation covering both sides and possible impacts and perhaps a comment from the US political correspondant, but certainly no personal opinion. This MSNBC piece did none of that and focused entirely on what had happened in history and how it was the beginning of the end of America.

The media always hype things, particularly the destruction of freedom and liberty (rightly so?) and that is even more so in the USA. But on this occasion if you can put up with that, it’s worth watching.

Military Commissions Act

Military Commissions Act

So called “Western society” is supposed to be the pinnacle of democracy, fairness, justice and tolerance. I’m proud of British history and when people look back on the 21st century I want them to be just as proud of our the achievements.

Sometimes I feel sorry for the Americans who have to put up with the Bush administration. For the most part, Europe and the UK have been spared such crazy things like software patents, the full extent of the Patriot Act and forced teaching of creationism as a scientific theory (it might be a theory but it sure as hell isn’t scientific). So when I read an article today on The Register about the Military Commissions Act of 2006 I was dismayed at the extent to which rights are being eroded in the USA in the name of democracy – as a “a “vital tool” in the war on terror”.

My political alignment is not clearly defined – I like ideas from all sides of the political compass. As a result I’m by no means a liberal, but I think that aspects of law enforcement such as judicial review, parliamentary review, the right to legal counsel, the right to not be tortured et al are crucial aspects to a fair and just legal system. That the removal of these aspects of a legal system (all be it concerned with military commissions) can actually pass through the legislative stages in the USA is beyond belief. What exactly is the purpose of Congress if it just passes these bills without any consideration for the key aspects of modern society that it will demolish? I know our government has tried similar things, but they always fail – our parliament works in that stupid ideas such as these cannot get through.

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Trauma

beyond reasonable doubt

In the UK we have a criminal legal system which requires the burden of proof to be “beyond reasonable doubt” – should any doubt be present then the defendant should be acquitted of any charges. You already knew that.

The way the system works is a witness will be questioned by their own counsel and then cross examined by the other side. The idea here of course is to determine the facts of the case and convince the jury (if present) that something did or didn’t happen, how it did or didn’t happen and to prove or disprove the charge. The questions can often be difficult and since most barristers are cunning, the questions will also be worded and crafted in such a way as to get the answer the particular barrister wants. But you already knew that too.

It is quite fun to watch when this kind of thing happens. You can see how answers are manipulated and in many cases the witness will become frustrated, making them even easier to question. This is fine if the witness is a horrible criminal – you want to see them have a hard time – but what if the witness is the victim or someone who is vulnerable? Fine if they’re a hardcore robber but what if they are a young rape victim?

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The UK Statute Law Database

The UK Statute Law Database

Although I am only a first year law student, I have already had to use my Statute Book and the law resources online to research cases and particular legislation. This is made easier because my university subscribes to the well known online legal databases such as Lexis Nexis, Justis and Westlaw. These resources are helpful because it becomes much easier to find the text of the legislation as well as any ammendments and annotation.

Unfortunately, these resources are subscription based i.e. they will probably cost a hell of a lot of money to use. Just looking on the Lexis Nexis website right now I see that the prices aren’t even available – you have to contact someone first. That’s always a bad sign!

I read The Guardian and there has been an ongoing campaign in their technology supplement called “Free Our Data”. This is particularly focused on data such as post codes or Ordinance Survey maps, but I recall them also mentioning making available the law which applies to us all i.e. legislation. Already Parliament (through a fancy new website) and the DCA provide access to recent legislation as well as bills currently going through Parliament. There is also online access to Hansard and the particularly useful theyworkforyou.com. But there is no centralised source that can provide you with access to the full text of all the legislation along with details of amendments etc etc.

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Obligations

Obligations

Last week was my first week on a full and proper timetable, which is split between lectures and seminars. I had prepared the work I needed to for the seminars and this weekend I have been doing the same – preparing for the seminars for this coming week.

We haven’t really been “taught” much law so far – a lot of the lectures and seminars have been focused around an introduction to the modules. So when the second piece of work for the Obligations I seminar was set, I was a little surprised at what the question was. For example:

What is the likely (legal) outcome in the following situations?
1. Gary had installed a new kitchen for his friend Dave. When Dave bought a new car, he promised to give Gary his old car when the new one was delivered. Garry accepted, but Dave later changed his mind and decided to sell the car instead.

7. Martha rents out rooms in her flat for £300 per month. When James, one of her tenants, unexpectedly lost his job, she told him that she would accept half the rent from him, as she thought this would be easier than finding a new tenant. Two months later, James finds another job – but when Martha says the rent should go back to £300 per month, he tells her he doesn’t have to pay that much any more.

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Finding case material

Finding case material

Unfortunately I was very busy with visiting the County Court for the day and then going to the Space Society meeting so I wasn’t able to post this as I said I would, but here it is now!

Feel free to comment and add your own resources/tips and reuse this document under the terms of the CC license this site uses.

Sources of case material

Pre 1865 – Nominate Reports

Found in the “English Reports”
Post 1865 – The Law Reports (Incorporated Council of Law Reporting)

Official law reports, approved by judges and preferred in court
Under 200 cases per year
25 series, of which 4 are reported today
AC – Appeal cases in House of Lords
Ch – Chancery Division
QB – Queen’s Bench Division
Fam – Family Division
Post 1936 – All England Law Reports

Report quicker than The Law Reports
Post 1954 – Weekly Law Reports

Report quicker than The Law Reports
Locations of case material

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Finding legislation

As I posted yesterday, this is the first of two posts containing short reference documents I put together to consolidate the information I gained through lectures on finding legal material. This document concerns finding legislation.

Feel free to comment and add your own resources/tips and reuse this document under the terms of the CC license this site uses.

Types of legislation

Primary

Acts of Parliament or Statutes
Public General Acts – Apply nationally
Local/Personal Acts – Apply to an individual/locality
Debates published in Hansard
Green Papers – Consultative documents
White (Command) Papers – Policy documents
Orders in Council
Delegated

Statutory Instruments – made under the authority of statute
Other rules, codes, orders with the force of law
Locations of legislation

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Finding…

In order to find the text of legislation back in “The Day” you would have had to look in the library and find so called “books” with the text in, and even then it might be difficult to find the very latest version and the text may not have any helpful annotations. Nowadays this task is much easier with the use of the internet and Google. But whilst Google is handy to confirm a fact or get a quick copy of the legislation, for full, authoritative versions with additional information about citations, ammendments and various other notes you need to look elsewhere.

Right now, “elsewhere” will be databases such as Lexis Nexis, Westlaw and the Justis. Unfortunately these are subscription based services but since my university pays for access to them I shan’t consider any other resources for the moment. In a few months the Statute Law Database will become available which will provide access to the legislation for everyone for free. I am part of the final phase 3 test user group and shall be reporting my findings in due course (i.e. when I get around to testing it in amonst my vast amount of reading and preparation tasks).

One of the first things I have learnt from the law school is how and where to find both legislation and case material. Across a few lectures we have been introduced to the services available and I decided to consolidate the information provided into two handy documents I now have stuck on my wall. And I am going to share these online and open them for comment, feedback and improvement (assuming anyone who is reading has the time to do so!).

As such, my next two posts tomorrow and Wednesday will be these documents typed out for all and any to use. And because the content on this blog is licensed under a very unrestrictive CC license, you can pretty much do with them as you please so long as you mention me! But if you do improve them I would appreciate any feedback.