Gale Encyclopedia of Everyday Law

Editor: Gale
Publication Year: 2013
Publisher: Gale

Price: Core Collection Only
ISBN: 978-1-41-449896-6
Category: Social Sciences - Criminology & Law
Book Status: Available
Table of Contents

The Gale Encyclopedia of Everyday Law provides information and resources to help users answer their legal questions, and outlines their rights and recourses, as well as consequences, under the law. It also provides a general background and explanation of legal issues and educates the user on federal and state/local laws, statutes, cases, and regulations and Constitutional protections.

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Table of Contents

  • Contributors
  • Introduction
  • Overview of the American Legal System
  • FRAMEWORK OF GOVERNMENT IN THE UNITED STATES
  • CONSTITUTIONAL AUTHORITY
  • INTERNATIONAL TREATIES
  • FEDERAL AND STATE LEGISLATION
  • CASES AND CASE LAW IN THE JUDICIAL SYSTEMS OF THE UNITED STATES
  • ADMINISTRATIVE LAW AND PROCEDURE
  • RELATIONSHIP AMONG VARIOUS LAWS AND OTHER AUTHORITY
  • A
  • Americans with Disabilities Act
  • Educational Accommodations
  • Background
  • Defining Disability
  • Accommodation of Disabilities
  • Reasonable Accommodation
  • Testing and Examinations
  • Hidden Disabilities
  • Private and Religious Schools
  • Postsecondary Education
  • Individuals with Disabilities Education Act
  • State Laws Regarding Disabled Students
  • Additional Resources
  • Public Facility Accommodations
  • Background
  • Before ADA
  • Architectural Barriers Act
  • Rehabilitation Act of 1973
  • Uniform Federal Accessibility Standards (UFAS)
  • ADA and Title III
  • Physical Accommodations
  • Auxiliary Accommodations
  • Other Accommodations
  • Enforcing the Law
  • Additional Resources
  • Work Accommodations
  • Background
  • Rationale
  • Reasonable Accommodations
  • Procedure
  • Types of Reasonable Accommodations
  • Additional Resources
  • Attorneys
  • Attorney-Client Privilege
  • Background
  • The Elements, Scope, and Application of the Attorney-Client Privilege
  • Elements of the Attorney-Client Privilege
  • Scope and Application of the Attorney-Client Privilege
  • State Rules Governing Attorney-Client Privilege
  • Additional Resources
  • Attorney Fees
  • Background
  • Exceptions
  • Types of Fee Arrangements
  • Hourly Fees
  • Flat or Fixed Fees
  • Contingent Fees
  • Retainer Fees
  • Statutory Fees
  • Prepaid Legal Plans
  • Pro Bono Services
  • What Is Covered by Fees
  • Initial Consultation
  • Fees vs. Costs
  • Fee Sharing and Fee Splitting
  • Ethical Considerations
  • IOLTA Funds
  • American Bar Association (ABA) Code and Model Rules
  • Recourse and Remedies
  • Fees Owed to Attorneys Who Are Fired
  • Escrowed Funds and Retainers
  • Unreasonable Fees
  • Arbitration
  • Additional Resources
  • Communications Between Attorney and Client
  • A Client's Relationship with an Attorney
  • A Lawyer's Advertising and Solicitation
  • The Interview with the Attorney
  • Communicating with the Attorney
  • Fee Agreements
  • Scope of the Representation
  • Decision-Making and Status Updates
  • Confidential Information
  • Problems the Attorney and Client Should Avoid
  • Conflicts of Interest
  • Other Relationships with Clients
  • Terminating the Attorney-Client Relationship
  • State Laws
  • Additional Resources
  • Enrolling in Law School
  • Introduction
  • Deciding Whether to Attend Law School
  • Deciding Where to Attend Law School
  • Deciding Which Law School to Attend
  • Applying for Law School
  • Undergraduate GPA and Course of study
  • The Law School Admission Test
  • Personal Statement and Recommendations
  • Other Criteria
  • How to Stand Out as an Applicant
  • Law Schools by State
  • How to Find an Attorney
  • Background
  • Why It Is Difficult to Find an Attorney
  • When Do I Need A Lawyer?
  • Avoiding the Dishonest or Unethical Lawyers
  • Questions to Ask Before Retaining a Lawyer
  • Methods of Finding an Attorney
  • By Advertisement
  • By Personal Referral
  • By Published Directories
  • By the Internet
  • By Lawyer Referral Services of State Bar Associations
  • Selected State Bar Association Resources
  • Additional Resources
  • Licensing of Attorneys
  • Background
  • History
  • Formation of an Early American Legal System
  • Legal Education
  • Law School
  • The Bar Examination
  • Character and Fitness Review
  • The Role of the Organized Bar
  • Procedure for License to Practice Law
  • Scope of License
  • Suspension or Revocation of License
  • Individual State Admission Requirements
  • Reciprocity
  • Additional Resources
  • Malpractice
  • Background
  • Establishing the Attorney-Client Relationship
  • Conduct vs. Performance
  • What Constitutes Actionable Malpractice
  • Omission or Failure to Do Something (Nonfeasance)
  • Failure to Perform or Do Something Competently (Malfeasance)
  • Acting Outside the Scope of Authority, Duty, or Area of Competence
  • Filing a Malpractice Lawsuit
  • Alternatives for Addressing Malpractice
  • Breach of Fiduciary Duty
  • Select State Laws
  • Additional Resources
  • B
  • Banking
  • Banking and Lending Law
  • Background
  • Bank Transactions
  • Checks and Other Negotiable Instruments
  • Checking Accounts
  • Funds Transfers
  • Letters of Credit
  • Secured Transactions
  • Federal Reserve System
  • Insurance of Deposits
  • Interest Rates Charged by Banks
  • Truth in Lending
  • Usury Laws
  • Crimes Related to Banks and Banking
  • State Laws Governing Banks, Banking, and Lending
  • Additional Resources
  • Banks, Savings & Loans, Credit Unions
  • Background
  • Types of Financial Institutions
  • Banks
  • Savings and Loan Institutions
  • Credit Unions
  • Automated Teller Machines (ATMs)
  • Online Banking
  • Federal Laws
  • Additional Resources
  • Debit, Credit, and Gift Cards
  • Background
  • Debit Cards
  • Credit Cards
  • The CARD Act
  • Gift Cards
  • Additional Resources
  • Dodd-Frank Financial Reform Act
  • Background
  • Enhanced Consumer Protection
  • Financial Stability Oversight Council
  • Ending Too Big to Fail Bailouts
  • Regulating the Derivatives Market
  • Mortgage Reform
  • Executive Pay and Corporate Governance
  • Additional Resources
  • Federal Deposit Insurance Corporation (FDIC)
  • Background
  • History
  • How the FDIC Works
  • Definitions
  • Additional Resources
  • Interest Rates
  • Background
  • History
  • Interest and Inflation
  • State Usury Laws
  • Additional Resources
  • Business Law
  • Accounting Requirements
  • Background
  • Financial vs. Managerial Accounting
  • The Accounting Profession
  • Accountants, PAs, and CPAs
  • Qualification and Licensure
  • CPA Requirements
  • Professional Ethics
  • Accounting's Watchdog
  • Controlling Interstate Practice
  • Regulation of Accounting Firms
  • Generally Accepted Accounting Principles (GAAP)
  • Sarbanes-Oxley Act
  • Peer Review
  • Who's Watching the Watchdog?
  • Finding a Good Accountant
  • Accounting Discipline and Malpractice
  • State Boards of Accountancy
  • Additional Resources
  • Conflicts of Interest
  • Background
  • Handling Conflicts of Interest
  • Field of Law
  • Lawyers
  • Judges
  • Accounting
  • Stock Analysis
  • Business
  • Medical and Scientific Research
  • Federal Employment
  • State Law Applying to Elected Officials
  • Additional Resources
  • Corporations
  • Background
  • History
  • Laws Governing Corporations
  • Forming a Corporation
  • Shareholders, Directors, and Officers
  • Shares and Dividends
  • State Corporation Laws
  • Additional Resources
  • Independent Contractors
  • Background
  • Significance
  • Treatment of Independent Contractors Under Various Laws
  • Title VII Claims and the Economic Realities Test
  • Equal Pay Act and FLSA
  • Section 1981 Claims
  • Age Discrimination in Employment Act (ADEA)
  • Veterans' Reemployment Rights Act
  • Family and Medical Leave Act (FMLA)
  • Leased or Temporary Workers
  • Consequences for Improper Classification
  • Summary of Significant Factors in Classification
  • Additional Resources
  • Laws Affecting Small Businesses
  • Background
  • Starting a Small Business
  • Start-Up Considerations in General
  • Obtaining Capital
  • Leasing or Buying Property
  • Insurance
  • Choosing a Business Form
  • Franchising
  • Running the Business
  • Business Transactions
  • Taxes
  • Advertising
  • Intellectual Property Issues
  • Other Regulations
  • Issues with Employees
  • Issues with Customers
  • Ending the Business
  • Additional Resources
  • Limited Liability Entities
  • Background
  • Entities Without Limited Liability
  • Corporations
  • Limited Partnerships
  • Limited Liability Partnerships
  • Limited Liability Limited Partnerships
  • Limited Liability Companies
  • Professional Limited Liability Entities
  • Issues Regarding Limited Liability Entities
  • Taxation
  • “Piercing the Veil”
  • Liability for Torts and Other Obligations
  • State Laws Governing Limited Liability Entities
  • Additional Resources
  • Nonprofit Organizations
  • Background
  • Purpose of a Nonprofit Organization
  • Location of the Organization
  • Choice of Organizational Form
  • Corporations
  • Unincorporated Associations
  • Limited Liability Companies
  • Charitable Trusts
  • Meaning of Tax Exemption
  • Determining Tax-Exempt Status
  • Categories of Tax-Exempt Organizations
  • Charitable Organizations
  • Taxation of Unrelated Business Activities
  • Public Charities and Private Foundations
  • Reporting Requirements
  • Disclosure Requirements
  • Legal Protections for Officers, Directors, Employees and Volunteers
  • State Laws Governing Nonprofit Corporations
  • Additional Resources
  • Officer and Director Liability
  • Background
  • Officers' and Directors' Roles in Corporate Governance
  • Officers
  • Directors
  • Responsibilities of Officers and Directors
  • Decision-Making Responsibilities
  • Fiduciary Duties
  • Duty of Care
  • Duty of Loyalty
  • Business Judgment Rule
  • Securities Regulations
  • Rights and Duties of Shareholders
  • Insurance and Indemnification
  • State Laws Governing Officer and Director Liability
  • Additional Resources
  • Partnerships
  • Background
  • Forming and Managing a General Partnership
  • Characteristics of a General Partnership
  • Consent and the Partnership Agreement
  • Profit Sharing
  • Loss Sharing
  • Ownership and Management
  • Liability and Duties of Partners in a General Partnership
  • Partner as an Agent of a Partnership
  • Tort Liability to Third Parties
  • Contract Liability to Third Parties
  • Tax Liability of Partners and Partnerships
  • Ownership of Property
  • Duties of the Partners
  • Duty of Loyalty
  • Duty of Care
  • Dissociation and Dissolution
  • State Laws Governing Partnerships
  • Additional Resources
  • Shareholder Rights
  • Background
  • Ownership of Stock
  • Common Stock
  • Preferred Stock
  • Bonds and Debentures
  • Shareholder Meetings and Voting Rights
  • Shareholder Rights, Actions, and Liabilities
  • Shareholder Direct Litigation
  • Shareholder Derivative Litigation
  • Shareholder Preemptive Rights
  • Shareholder Liabilities
  • Transfer of Stock Ownership
  • Securities Laws
  • Conversion Rights
  • Redemption Rights
  • Sharing Proceeds Upon Liquidation of Corporate Assets
  • State Laws Governing Shareholder Rights
  • Additional Resources
  • C
  • Civil Rights
  • Affirmative Action
  • Background
  • Affirmative Action Defined
  • History of Affirmative Action
  • Supreme Court Decisions on Affirmative Action
  • Griggs v. Duke Power Co.
  • Regents of the University of California v. Bakke
  • United Steel Workers of America v. Weber and Fullilove v. Klutznick
  • Johnson v. Santa Clara County Transportation Agency
  • City of Richmond v. J.A. Croson
  • Adarand Constructors v. Pena
  • Gratz v. Bollinger and Grutter v. Bollinger
  • Developments After Gratz and Grutter
  • Forms of Affirmative Action
  • Required Affirmative Action For Federal Contractors
  • What an Affirmative Action Plan Should Include
  • Voluntary Implementation of Affirmative Action
  • Abolishing Affirmative Action
  • Additional Resources
  • Age Discrimination
  • Background
  • Changing Attitudes
  • Retirement Plans
  • Subtle Discrimination
  • Advocacy for Older Workers
  • Age Discrimination in Employment Act
  • Bona Fide Occupational Qualifications
  • State Age Discrimination Laws
  • Additional Resources
  • Castle Doctrine and Stand-Your-Ground Laws
  • Introduction
  • Castle Doctrine
  • Stand-Your-Ground Laws
  • Controversies
  • State Laws
  • Additional Resources
  • Children's Rights
  • Background
  • Historic Mistreatment of Children
  • The Fair Labor Standards Act (FLSA)
  • Children's Rights Violations in the United States
  • Child Labor Violations
  • Benefits of Joint Custody
  • Children as Detainees
  • Convention on the Rights of the Child
  • State Child Labor Standards
  • Additional Resources
  • Civil Liberties
  • Overview
  • The Bill of Rights
  • The ACLU
  • Other Organizations
  • Civil Liberties Issues
  • Banning Books in Schools
  • DNA and Exoneration
  • The USA Patriot Act
  • Monitoring Domestic Phone Calls
  • Defending Targets of Discrimination
  • Safe Communities, Fair Sentences
  • Additional Resources
  • Concealed Carry Laws
  • History of Concealed Carry Laws
  • Obtaining a Permit
  • Out-of-State Permit Holders
  • Restrictions
  • Legal Challenges
  • Concealed Carry Statistics
  • State Concealed Carry Laws
  • Additional Resources
  • Constitutional Rights to Privacy
  • Introduction
  • Personal Autonomy
  • Family and Marriage
  • Abortion Rights
  • Other Issues
  • Personal Information
  • Government Surveillance and Searches
  • Fourth Amendment Rights
  • USA Patriot Act and Related Legislation
  • State Laws
  • Additional Resources
  • Due Process
  • Background
  • Procedural Due Process
  • Deprivation of Life
  • Deprivation of Liberty
  • Deprivation of Property
  • Procedural Requirements
  • Substantive Due Process
  • History
  • Modern Protection of Fundamental Rights
  • Right to Procreate
  • Use of Contraceptives
  • Abortion
  • Sodomy
  • Marital Rights
  • Parental Rights
  • Other Fundamental Rights
  • Additional Resources
  • Firearm Laws
  • Background
  • History of Gun Control Laws
  • Acquisition and Possession of Firearms
  • Eligibility to Purchase or Own a Firearm
  • Acquiring Firearms
  • Antique Firearms
  • Prohibited Firearms
  • Shipping Firearms
  • Transporting Firearms in Automobiles
  • Transporting Firearms on Aircraft
  • Transporting Firearms on Other Commercial Carriers
  • Ammunition
  • Firearms in National and State Parks
  • Hunters
  • Effect of District of Columbia v. Heller
  • State and Local Restrictions on the Transportation of Firearms
  • Special Rules Governing Traveling with Firearms in Other Countries
  • Additional Resources
  • Racial Discrimination
  • Background
  • Constitutional Protection Against Racial Discrimination
  • Supreme Court Involvement in Protections Against Racial Discrimination
  • State Action
  • Thirteenth Amendment Protections
  • Fourteenth Amendment Protections
  • Fifteenth Amendment Protections
  • State Protections Against Racial Discrimination
  • Judicial Review of Constitutional Violations
  • Civil Rights Acts and Their Applications
  • History of Civil Rights Acts
  • Employment
  • Voting
  • Education
  • Housing
  • Remedies for Civil Rights Violations
  • State Provisions Regarding Racial Discrimination
  • Additional Resources
  • Sexual Discrimination
  • Background
  • The Equal Pay Act
  • Title VII of the Civil Rights Act
  • Civil Rights Act of 1991
  • Title IX
  • The Pregnancy Discrimination Act and Family and Medical Leave Act
  • Supreme Court Standards for Gender Discrimination
  • Sexual Harassment
  • State Equal Pay Laws
  • Additional Resources
  • Sexual Orientation
  • Introduction
  • The Supreme Court and Gay Rights
  • Bowers v. Hardwick
  • Romer v. Evans
  • Boy Scouts of America v. Dale
  • Lawrence v. Texas
  • Other Supreme Court Decisions
  • Specific Issues Related to Gay and Lesbian Rights
  • Employment
  • Housing
  • Marriage and Other Relationship
  • Parenting
  • Gay and Lesbian Teens and Children
  • State Non-Discrimination Laws
  • Additional Resources
  • USA Patriot Act
  • Background
  • Provisions of the Patriot Act
  • Title I: Enhancing Domestic Security Against Terrorism
  • Title II: Enhanced Surveillance Procedures
  • Title III: Money Laundering
  • Title IV: Border Protection
  • Titles V, VI, and VII
  • Title VIII: Criminal Law Changes
  • Title IX: Improved Intelligence
  • USA Patriot Act Successes and Controversies
  • Additional Resources
  • Voting Rights
  • Background
  • The Nineteenth Amendment
  • Black Suffrage
  • Grandfather Clauses, Literacy Tests, and the White Primary
  • The Fifteenth Amendment
  • The Voting Rights Act
  • Section Two and Section Five
  • Malapportioned Districts
  • Minority Majority Districts
  • Additional Resources
  • Consumer Issues
  • Advertising
  • Background
  • Bureau of Consumer Protection
  • Advertising Agency Obligations
  • Publisher Obligations
  • Franchises and Businesses
  • Telemarketing Sales
  • Environmental Marketing Practices
  • Labeling Rules
  • Comparative Advertising
  • FTC Litigation
  • Additional Resources
  • Bankruptcy
  • Background
  • History
  • Types of Bankruptcies
  • Sweeping Changes in 2005
  • Jurisdiction and Procedure
  • Exemptions from the Bankruptcy Estate
  • Federal Bankruptcy Exemptions
  • Additional Resources
  • Consumer Debt Collection and Garnishment
  • Background
  • General and Secured Creditors
  • Sequence of Events
  • Internal Efforts by Original Creditor
  • Collection Agencies
  • Offers of Settlement
  • Attorneys for the Creditor
  • Formal Proceedings
  • Satisfaction of Judgment
  • Property Seizure and Garnishment
  • Fair Debt Collections Practices Act
  • State Laws
  • Additional Resources
  • Consumer Rights and Protection
  • Background
  • Warranties
  • Implied Warranties
  • Express Warranties
  • Extended Warranties
  • Federal Acts
  • Food Quality Protection Act
  • Safe Drinking Water Act
  • Federal Insecticide, Fungicide, and Rodenticide Act
  • Consumer Vehicle Purchases
  • Lemon Laws
  • Federal Agencies
  • Consumer Product Safety Commission
  • Office of Consumer Litigation
  • Internet Fraud Complaint Center
  • U.S. Food and Drug Administration
  • Center for Biologics Evaluation and Research
  • Federal Trade Commission
  • National Highway Traffic Safety Administration
  • State Laws
  • Additional Resources
  • Contracts
  • Background
  • Elements of a Contract
  • Offer
  • Acceptance
  • Consideration
  • Mutuality of Obligation
  • Competency and Capacity
  • Writing Requirements
  • Contract Formation Under the U.C.C.
  • Types of Contracts
  • Contracts under Seal
  • Express and Implied Contracts
  • Bilateral and Unilateral Contracts
  • Breach of Contract: Definition
  • Breach of Contract: Defenses
  • Unconscionability
  • Mistake
  • Fraud
  • Undue Influence
  • Duress
  • Breach of Contract: Remedies
  • Additional Resources
  • Credit/Truth-in-Lending
  • Background
  • Types of Credit
  • Same-as-Cash Credit
  • Installment Credit
  • Revolving Credit
  • Interest
  • Truth in Lending Act
  • Credit Card Accountability, Responsibility, and Disclosure Act
  • FTC Litigation
  • Equal Credit Opportunity Act
  • Fair Credit Reporting Act
  • Credit Reports
  • Credit Report Errors
  • Accurate Negative Information
  • Fair Debt Collection Practices Act
  • Consumer Financial Protection Bureau
  • Additional Resources
  • Deceptive Trade Practices
  • Background
  • Applicability of Deceptive Trade Practices Statutes
  • Trade or Commerce
  • Consumer Transactions
  • Goods or Services
  • Prohibited Acts and Practices
  • Other Practices Deemed Deceptive or Unfair
  • Debt Collection
  • Breach of Warranties
  • Insurance
  • Pyramid Schemes and Similar Practices
  • Remedies for Violations of Deceptive Trade Practices Statutes
  • State and Local Provisions Prohibiting Deceptive Trade Practices
  • Additional Resources
  • Defective Products
  • Background
  • Theories of Product Liability
  • Negligence
  • Strict Liability
  • Breach of Warranty
  • Types of Product Defects
  • Design Defects
  • Manufacturing Defects
  • Marketing Defects
  • Used Merchandise
  • Exported Goods
  • Comparative Fault
  • Statute of Limitations
  • State Laws
  • Damages
  • Consumer Product Safety Commission
  • Additional Resources
  • Federal Trade Commission/Regulation
  • Background
  • Bureau of Consumer Protection
  • Division of Advertising Practices
  • Division of Enforcement
  • Division of Financial Practices
  • Division of Marketing Practices
  • Division of Planning and Information
  • Bureau of Economics
  • Bureau of Competition
  • Antitrust Laws
  • Mergers
  • FTC Litigation
  • Additional Resources
  • Identity Theft
  • Background
  • How Identity Theft Occurs
  • Self-Help Measures
  • Determine Whether Identity Theft Has Occurred
  • Obtain a Credit Report
  • File a Fraud Alert
  • Submit an ID Theft Affidavit
  • Report to Local Police
  • File a Complaint with the Federal Trade Commission
  • Manage Personal Information
  • Identity Theft Insurance
  • Federal Statutes
  • Identity Theft and Assumption Deterrence Act
  • Identity Theft Penalty Enhancement Act
  • Fair and Accurate Credit Transactions Act
  • Other Statutes
  • State Statutes
  • Credit Card Skimming
  • Breach of Information
  • Consumer Report Security Freeze
  • Anti-Phishing
  • State Identity Theft Laws
  • Additional Resources
  • Mail-Order Purchases/Telemarketing
  • Background
  • Direct Mail
  • Deceptive Mail Prevention and Enforcement Act
  • E-mail Marketing
  • 900 Telephone Number Solicitations
  • Solicitations Disguised As Invoices
  • Sexually Oriented Mail Solicitations
  • Telephone Solicitation
  • The Telephone Consumer Protection Act
  • Automatic Telephone Dialing Systems
  • Do Not Call Lists
  • The Federal Trade Commission
  • Mail or Telephone Order Rule
  • Bureau of Consumer Protection
  • Obligations of Publishers and Agencies
  • FTC Litigation
  • Additional Resources
  • Ombudsman Programs
  • Background
  • Three Basic Types of Ombuds
  • Ombudsmen Programs as Impetus for Change
  • Attributes and Traits of Ombuds
  • Public Sector Programs
  • United States Ombudsman Association (USOA)
  • Special Interests
  • Elder Rights
  • Child Welfare
  • Juvenile Corrections
  • Adult Corrections
  • Workers' Compensation
  • Small Businesses
  • Students
  • Environmental Protection
  • Consumer Affairs
  • Insurance and Banking
  • Private Sector Programs and Organizations
  • International Ombudsman Association
  • National Credit Union Administration
  • State Organizations
  • Additional Resources
  • Phishing
  • Background
  • Phishing and Related Schemes
  • Typical Phishing Scams
  • Spear Phishing
  • Pharming
  • Evil Twins
  • Spyware and Keyloggers
  • Difficulty in Controlling Phishing Scams
  • Federal Laws Related to Phishing Activities
  • Credit Card Fraud Act
  • Identity Theft and Assumption Deterrence Act
  • Fair and Accurate Credit Transaction Act
  • California's Anti-Phishing Law
  • Self-Help Measures
  • Education and Awareness
  • Review of Credit Records
  • Anti-Identity Theft Freeze
  • Insurance
  • Additional Resources
  • Purchases and Returns
  • Background
  • Warranties
  • Enforcing a Warranty
  • Remedies After the Warranty Expires
  • Extended Warranties
  • Returning Consumer Purchases
  • Mandatory Policy Posting
  • Responses to Dishonest or Unfair Merchants
  • The Cooling-Off Rule
  • Exceptions to the Cooling-Off Rule
  • Other Kinds of Contracts
  • Additional Resources
  • Recalls by Manufacturers
  • Background
  • Consumer Product Recalls
  • Food, Drug, and Cosmetics Recalls
  • Meat, Poultry, and Egg Safety
  • Automobile Recalls
  • Lemon Laws
  • Additional Resources
  • Schemes and Scams
  • Background
  • Ponzi Schemes
  • Contemporary Ponzi Schemes
  • Scams
  • Additional Resources
  • Warranties
  • Background
  • Types of Warranties
  • Implied Warranties
  • Express Warranties
  • Used and “As Is” Goods
  • Extended Warranties
  • Extension of Warranties to Remote Purchasers
  • Magnuson-Moss Warranty Act
  • Self-Help Measures
  • Additional Resources
  • Courts and Procedures
  • Burden of Proof
  • Background
  • Preponderance of the Evidence
  • Clear and Convincing Proof
  • Beyond a Reasonable Doubt
  • Shifting Burden of Proof
  • Appellate Courts
  • Administrative Tribunals
  • Additional Resources
  • Cameras in the Courtroom
  • Background
  • U.S. Supreme Court Cases
  • Acceptance of Cameras in the Courtroom
  • Rules Governing Media Access
  • The Future of Cameras in the Courtroom
  • Additional Resources
  • Civil Procedure
  • Background
  • Authority
  • Jurisdiction
  • Subject Matter Jurisdiction
  • Jurisdiction over the Parties
  • Jurisdictional Amounts
  • Venue
  • Federal Rules of Civil Procedure (FRCP)
  • Parties
  • Commencement of an Action
  • Pleadings
  • Pre-trial Procedure
  • Trial
  • Judgment
  • Appeal
  • State Rules of Civil Procedure
  • Additional Resources
  • Federal Courts and Jurisdictions
  • Background
  • Structure and Power of the Federal Courts
  • Supreme Court of the United States
  • Federal Courts of Appeals
  • Federal District Courts
  • Specialized Federal Courts
  • Jurisdiction of Federal Courts
  • Diversity Jurisdiction
  • Federal-Question Jurisdiction
  • Admiralty and Maritime Cases
  • Bankruptcy
  • Other Areas of Federal Jurisdiction
  • Jurisdictions of Federal Courts in the U.S. States and Territories
  • Additional Resources
  • Juries
  • Background
  • Historical Roots in England
  • Development in America from Colonial Times
  • Grand Juries as Distinct from Civil and Criminal Juries
  • Constitutional Right to a Jury Trial
  • How People Are Chosen for a Jury Pool
  • Diversity and Cross Section of Community Requirement
  • Selection Process at the Courthouse
  • Disqualification Grounds for Jury Service
  • Exemptions from Jury Service
  • Peremptory Challenges
  • Use of Jury Consultants
  • The Function of the Jury at the Trial
  • Role as a Factfinder
  • How Juries Weigh the Evidence
  • Standards of Proof Used
  • Jury Instructions and Their Purpose
  • Special Kinds of Instructions Limiting the Discretion of the Jury
  • Jury Nullification
  • Issues Pertaining to the Jury's Performance of Its Duties
  • The Hung Jury and the Unanimous Requirement
  • Judge's Discretion to Set Aside Verdicts
  • Jury Sequestration
  • Juror Misconduct
  • Notetaking by Jurors
  • Questioning of Witnesses by Jurors
  • Future Prospects of the Jury System
  • Decline in the Use of Jury Trials
  • Prospects for Reform
  • Additional Resources
  • Pretrial Process and Settlements
  • Background
  • Pretrial Conferences
  • Settlement
  • Additional Resources
  • Selection of Judges
  • Background and History
  • Formal and Informal Requirements of Judges
  • Selection of Federal Judges
  • Supreme Court, Courts of Appeals, District Courts
  • Chief Justice of the Supreme Court
  • Chief Judges
  • Bankruptcy Judges
  • Federal Magistrate Judges
  • State Methods of Judicial Selection
  • Election
  • Appointment and Merit Selection
  • Reelection and Retention
  • State-by-State Summary of Judicial Selection
  • Additional Resources
  • Small Claims Courts
  • Background
  • Anatomy of a Small Claim Action
  • Maximum Dollar Value of a Case
  • Nature of Dispute or Controversy
  • Time Limitations
  • Procedure
  • Special Considerations
  • When Individuals Are Sued in Small Claims Court
  • Collecting on a Judgment
  • Small Claims for Small Business Owners
  • Small Claims in U.S. Tax Court
  • State Provisions
  • Additional Resources
  • State Courts and Procedures
  • Background
  • Function and Scope of State Courts
  • The Concept of Jurisdiction
  • General Structure of State Court Systems
  • Judges and Administrative Staff
  • State Provisions
  • Additional Resources
  • Criminal Law
  • Appeals
  • What Is an Appeal?
  • The Basis for an Appeal
  • Where Are Appeals Filed?
  • The Number of Appeals
  • Reversing a Conviction
  • Writs
  • Writs of Habeas Corpus
  • The U.S. Supreme Court
  • Costs
  • Additional Resources
  • Bail and Bail Bond Agents
  • Background
  • The Bail Reform Act of 1984
  • Detention Hearing Procedures
  • Material Witnesses, Bonds on Appeal or Pending Sentencing
  • Posting Bail
  • Bail Bond Agents
  • Additional Resources
  • Crimes
  • Background
  • Felonies, Misdemeanors, and Infractions
  • Felonies
  • Misdemeanors
  • Infractions
  • Substantive and Procedural Implications of a Crime's Classification
  • Additional Resources
  • Criminal Procedure
  • Background
  • The Fourth Amendment and Criminal Procedures Governing Investigation, Arrest, and Search and Seizure
  • The Text of the Fourth Amendment
  • Case Law Interpreting the Fourth Amendment
  • The Fifth Amendment and Criminal Procedures Governing Post-Arrest and Pre-Arraignment Proceedings
  • The Text of the Fifth Amendment
  • Case Law Interpreting the Fifth Amendment
  • The Sixth Amendment and Criminal Procedures Governing Post-Arraignment and Pre-Sentencing Proceedings
  • The Text of the Sixth Amendment
  • Case Law Interpreting the Sixth Amendment
  • The Eighth Amendment's Limitations on Sentencing
  • The Text of the Eighth Amendment
  • Case Law Interpreting the Eighth Amendment
  • Appeal and Other Post-Conviction Proceedings
  • Additional Resources
  • Death Penalty
  • Background
  • History of Death Penalty Laws
  • The United States and the Death Penalty
  • The Abolitionist Movement
  • The Colonial Period
  • The Nineteenth Century
  • The Progressive Period
  • The United States Constitution and the Death Penalty
  • Death Penalty Challenges
  • Temporary Abolition of the Death Penalty
  • Reinstatement of the Death Penalty
  • Recent Developments in the Death Penalty
  • Capital Punishment at the Federal Level
  • Worldwide Abolition
  • Capital Punishment Today
  • Recent Death Penalty Statistics
  • Additional Resources
  • DNA Testing, Fingerprints, and Polygraphs
  • Background
  • Comparing the Techniques
  • Fingerprints: The First ID
  • “Lie Detectors”
  • DNA: Greater Accuracy
  • DNA as an Exoneration Tool
  • Additional Resources
  • Double Jeopardy
  • Background
  • Policy Considerations Underlying the Right Against Double Jeopardy
  • The Common Law Development of the Right Against Double Jeopardy
  • Where Jeopardy Applies
  • When Jeopardy Attaches
  • When Jeopardy Terminates
  • What Constitutes the Same Offense
  • State Court Decisions Interpreting State Constitutional Provisions Governing Double Jeopardy
  • Additional Resources
  • Evidence
  • Background
  • Admissibility
  • Real Evidence
  • Demonstrative Evidence
  • Documentary Evidence
  • Testimony
  • Leading Questions
  • The Lay Opinion Rule
  • Character
  • Hearsay
  • Privileges
  • Presumptions
  • Judicial Notice
  • Additional Resources
  • Fifth Amendment
  • Background
  • The Text of the Fifth Amendment
  • Applicability of the Fifth Amendment to the States
  • Interpretation and Scope of the Grand Jury Clause
  • Interpretation and Scope of the Double Jeopardy Clause
  • Interpretation and Scope of the Due Process Clause
  • Interpretation and Scope of the Self-Incrimination Clause
  • Interpretation and Scope of the Eminent Domain Clause
  • State Laws Concerning Rights Enumerated by the Fifth Amendment
  • Additional Resources
  • Insanity Defense
  • Background
  • The M'Naghten Rule
  • The Irresistible Impulse Test
  • The Durham Rule
  • The American Law Institute's Model Penal Code Test
  • The Hinckley Trial
  • Current Application of the Insanity Defense
  • Burden of Proof
  • Commitment and Release Procedures
  • Distinction Between the Insanity Defense and Competency to Stand Trial
  • The Federal Insanity Defense Reform Act
  • Guilty but Mentally Ill
  • Status of the Insanity Defense in Criminal Law
  • The Insanity Defense Among the States
  • Additional Resources
  • Juveniles
  • Background
  • Development of the Juvenile Justice System
  • Juvenile Case History
  • Juveniles and Status Offenses
  • Examples of Status Offenses
  • Curfew
  • Truancy
  • Juvenile Court Procedure
  • Juvenile Waiver
  • Judicial Waiver Offenses
  • Statutory Exclusion
  • Concurrent Jurisdiction
  • Juveniles and the Death Penalty
  • Juveniles and the Mandatory Life Sentences
  • Additional Resources
  • Plea Bargaining
  • Background
  • Pros and Cons
  • U.S. Supreme Court Cases
  • The Alford Plea
  • Plea Bargaining in Federal Courts
  • Prohibitions and Restrictions
  • State Provisions
  • Additional Resources
  • Probation and Parole
  • Background
  • Probation
  • Definition
  • History
  • Intensive Supervised Probation (ISP)
  • Shock Probation and Split Sentencing
  • Revocation
  • Parole
  • Definition
  • History
  • Revocation
  • Abolishment
  • Additional Resources
  • Right to Counsel
  • Background
  • What the Sixth Amendment Guarantees
  • The Miranda Case
  • Invoking the Right
  • Judicial Proceedings Before Trial
  • Custodial Interrogation
  • Lineups and Other Identification Situations
  • Post-Conviction Proceedings
  • Adequate Representation or Ineffective Assistance of Counsel
  • Additional Resources
  • Search and Seizure
  • Background
  • The Text of the Fourth Amendment and Case Law Interpreting It
  • The Text of the Fourth Amendment
  • When the Fourth Amendment Applies
  • How the Fourth Amendment Applies: The Warrant Requirement
  • How the Fourth Amendment Applies: The Reasonableness Requirement
  • How the Fourth Amendment Applies: The Exclusionary Rule
  • State Court Decisions Interpreting Constitutional Provisions Governing Search and Seizure
  • Additional Resources
  • Sentencing and Sentencing Guidelines
  • Background
  • Types of Sentences
  • Factors Considered in Determining a Sentence
  • “Three Strikes” Sentencing Laws
  • Uniformity and Consistency
  • Alternative Sentences
  • Sentencing Commissions
  • Selected State Sentencing Provisions
  • Additional Resources
  • Sex Offenders
  • Background
  • The Impact of Jacob Wetterling
  • Megan's Laws: Community Notification Laws
  • Residency Restrictions for Sex Offenders
  • Other Methods to Deal with Sex Offenders
  • Chemical and Surgical Castration
  • Civil Commitment
  • Amber Alerts
  • Additional Resources
  • D
  • Dispute Resolution Alternatives
  • Arbitration
  • Background
  • Contractual Versus Compulsory Arbitration
  • Arbitrability
  • Who Are the Arbitrators?
  • The Arbitration Process
  • The Uniform Arbitration Act (UAA)
  • Federal Arbitration
  • State Arbitrations
  • Additional Resources
  • Organizations
  • Collaborative Law
  • Background
  • State Collaborative Laws and Rules
  • Uniform Collaborative Law Act
  • Additional Resources
  • Mediation
  • Background
  • Voluntary Versus Mandatory Mediation
  • The Mediation Process
  • Deciding to Mediate a Dispute
  • Finding an Appropriate Forum and Mediator(s)
  • Checklist
  • Uniform Mediation Act
  • Federal Mediation
  • State Mediation Provisions
  • Additional Resources
  • Mini-Trials
  • Background
  • Mini-trials Distinguished From Other Forms of ADR
  • Mini-trials in Federal Courts
  • State Provisions
  • Additional Resources
  • Organizations
  • Negotiation
  • Background
  • The Role of Negotiations in ADR
  • Arbitration
  • Mediation
  • Minitrials
  • Summary Jury Trials
  • Early Neutral Evaluation
  • Conclusion: Negotiation, ADR, and Civil Litigation
  • Additional Resources
  • E
  • Education
  • Administering Medicine
  • Background
  • General Policy Overview
  • Authority
  • Common Provisions
  • State Laws
  • Additional Resources
  • Athletics
  • Background
  • Amateur vs. Professional Athletics
  • High School Athletic Associations
  • Collegiate Athletic Associations
  • Professional Sports Associations
  • Relationship Between Professional Sports Leagues and College Athletics
  • Other Legal Issues Affecting Amateur and Professional Athletes
  • Title IX and Sex Discrimination in Amateur Athletics
  • Background
  • Parties Subject to Liability
  • Standards for Liability
  • Student-Athletes' Title IX Claims
  • Coaches' Title IX Claims
  • Remedies
  • Criticisms of Title IX
  • Additional Resources
  • Bilingualism
  • Background
  • Types of Bilingual Education
  • Conflicting Philosophies
  • Historical Perspective
  • Landmark Legislation
  • Setting the Stage
  • Civil Rights Act (1964)
  • Bilingual Education Act (1968)
  • English Language Acquisition Act (2001)
  • Lau v. Nichols (1974)
  • State and Local Initiatives
  • Programs
  • Additional Resources
  • Codes of Conduct
  • Background
  • Basic Conduct Issues
  • More Serious Violations
  • Violence and Other Extreme Behavior
  • Identifying Troubled Students
  • Conduct and Technology
  • Acceptable Use Policies
  • Cell Phones and Smart Phones
  • Getting Information
  • Additional Resources
  • Competency Testing
  • Background
  • “Exit Examinations” for High School Graduates
  • Legal Authority for Setting Educational Standards
  • Legal Challenges to Educational Testing
  • Due Process Claims
  • Equal Protection Claims
  • High School Graduation Exit Options
  • Standard Diploma
  • Individual Education Plan (IEP) Diploma
  • Occupational Diploma
  • State Laws
  • Additional Resources
  • Compulsory Education
  • Background
  • What Are Compulsory Attendance Laws?
  • History and Development of Compulsory Attendance Laws
  • Penalties for Non-Compliance
  • Statutory Exemptions from Compulsory Attendance Laws
  • Child's Circumstances
  • Equivalent Education
  • Court Case Exemptions from Compulsory Attendance Laws
  • Exemptions Accepted by Some Courts
  • Exemptions Rejected by Some Courts
  • Early U.S. Supreme Court Challenges
  • Meyer v. Nebraska (1923)
  • Pierce v. Society of Sisters (1925)
  • Farrington v. Tokushige (1927)
  • Home Schooling as an Alternative to Public School Education
  • Why Parents Home School and Its Acceptance by State Governments
  • Legal Requirements for Home Schools
  • Home Schooling Constitutional Defenses
  • Due Process Fundamental Rights
  • Due Process Vagueness
  • Due Process Arbitrariness
  • Free Exercise
  • Free Speech
  • Right to Privacy
  • Ninth Amendment
  • Access of Home Schooling Students to Public School Facilities and Activities
  • Home School Parents' View
  • Oppositions' View
  • Constitutional Arguments Raised in Court
  • Legislative Action
  • Keeping Current on New Developments in Your State
  • Additional Resources
  • Curriculum
  • Background
  • Authority over Educational Curricula
  • Federal Authority
  • State Authority
  • Local Authority
  • Parental Authority
  • Ideological Content
  • Curriculum and Free Speech
  • Making Curriculum Decisions
  • No Child Left Behind Act
  • National Standards
  • Additional Resources
  • Desegregation/Busing
  • Background
  • Before Desegregation
  • The Fourteenth Amendment
  • Plessy v. Ferguson
  • Brown v. Board of Education
  • Desegregation in Theory and Practice
  • Busing and “White Flight”
  • The Needs of the Children
  • Innovative Approaches
  • Magnet Schools
  • Resegregation of Public Schools
  • Additional Resources
  • Discipline and Punishment
  • Background
  • Current Issues
  • Definition
  • Origin of Corporal Punishment
  • History
  • Codes of Conduct
  • Creating Codes of Conduct
  • Content of Codes
  • Students' Constitutional Rights and Selected Cases
  • Columbine and Its Aftermath: Zero Tolerance
  • State Laws Regarding Corporal Punishment
  • Emerging Disciplinary Theories
  • Additional Resources
  • Drug Testing
  • Background
  • State Court Decisions
  • Additional Resources
  • Finance/Funding
  • Background
  • What is Funded?
  • Sources of Funding
  • Federal Revenues
  • State Funding
  • Local Funding
  • Sources of Information
  • Additional Resources
  • For-Profit Higher Education
  • Background
  • Accreditation
  • Structure of For-Profit Education
  • Recruiting Students
  • Costs
  • Outcomes
  • Additional Resources
  • Homeschooling
  • Background
  • Homeschooling Laws by State
  • Additional Resources
  • No Child Left Behind Act of 2001
  • Background
  • Provisions of No Child Left Behind
  • Title I
  • Adequate Yearly Progress
  • Failure to Meet AYP Goals
  • Title II: Teacher Accountability
  • Sex Education and School Prayer
  • School Safety and Drug Use
  • Criticism of No Child Left Behind
  • Education as Domain of the States; NCLBA as an Unfunded Federal Mandate
  • Emphasis on Standardized Testing
  • The Future of NCLBA
  • Additional Resources
  • School Prayer/Pledge of Allegiance
  • Background
  • School Prayer
  • Constitutional Basis for Ban
  • Types of Prayer Banned
  • Permissible Private Prayer and Secular Study of Religion
  • Permissible “Minute of Silence”
  • Congressional Action
  • Limits on Pledge of Allegiance
  • State and Local Laws
  • Additional Resources
  • Special Education/Disability Access
  • Background
  • Individuals with Disabilities Education Act
  • Free and Appropriate Public Education
  • State Educational Agencies
  • Local Educational Agencies
  • Individualized Education Programs
  • Parental Involvement
  • Additional Legislation Protecting Children with Disabilities
  • Section 504 of the Rehabilitation Act of 1973
  • Americans with Disabilities Act
  • Definition of Disability and Eligibility for Special Education Services
  • Placement of Children with Disabilities
  • Procedures for Alleging Violations of Statutes Protecting Disabled Children
  • State Provisions Regarding Special Education and Disability Access
  • Additional Resources
  • Student Loans
  • Background
  • Federal Direct Loan Program
  • Additional Resources
  • Student Rights/Free Speech
  • Background
  • Free Speech Rights in Public Schools
  • West Virginia State Board of Education v. Barnette
  • Tinker v. Des Moines Independent Community School District
  • Bethel School District No. 403 v. Fraser
  • Hazelwood School District v. Kuhlmeier
  • Elementary and Secondary Student Rights Since Hazelwood
  • Higher Education Free Speech Issues
  • Recognizing Student Groups
  • Mandatory Student Fees
  • Hate Speech Codes
  • Additional Resources
  • Teachers' Rights
  • Background
  • Teacher Certification
  • Certification Requirements
  • Denial or Revocation of Teaching Certificate
  • Tenure and Dismissal of Teachers
  • Tenure
  • Dismissal for Cause
  • Due Process Rights of Teachers
  • Teacher Contracts
  • Ratification of Contracts by School Districts
  • Teacher's Handbook as a Contract
  • Breach of Teacher Contract
  • Remedies for Breach of Contract
  • Collective Bargaining by Teachers
  • Teacher Freedoms and Rights
  • Freedom from Discrimination
  • Academic Freedom
  • Freedom of Expression
  • Freedom of Association
  • Freedom of Religion
  • Privacy Rights
  • Age
  • Pregnancy
  • Regulating a Teacher's Private Life
  • State and Local Laws Regarding Teachers' Rights
  • Additional Resources
  • Teacher's Unions/Collective Bargaining
  • Background
  • Constitutional Considerations Regarding Unions
  • Forming and Joining a Union to Bargain Collectively
  • Bargaining Units
  • Representation Procedures
  • Obligations and Resolution of Conflicts in Collective Bargaining
  • Exclusivity and Good Faith in Bargaining Agreement
  • Terms of the Collective Bargaining Agreement
  • Impasse
  • Strikes
  • Collective Bargaining in Higher Education
  • State and Local Provisions Governing Collective Bargaining
  • Additional Resources
  • Truancy
  • Background
  • The Rationale for Truancy Laws
  • Extent of the Truancy Problem
  • Correlates of Truancy
  • Enforcing Truancy Laws
  • Getting Tough on Parents
  • Examples of Truancy Laws
  • Additional Resources
  • Types of Schools
  • Background
  • Public Schools
  • Private and Parochial Schools
  • Charter Schools
  • Privatization
  • Homeschooling
  • Vocational Education
  • Distance Learning
  • Additional Resources
  • Violence and Weapons
  • Background
  • Weapons at School
  • Ramifications of Possessing Weapons on School Grounds
  • Holding Parents Accountable
  • Holding Teachers Accountable
  • Limitations on School Authority
  • Constitutional Rights of Students
  • Metal Detectors in Schools
  • Drug Testing
  • Vehicle Searches
  • Additional Resources
  • Estate Planning
  • Estate and Gift Tax
  • Background
  • Gift Tax
  • Gift Splitting
  • Gift Tax Return
  • Unified Credit
  • Estate Tax
  • Taxable Estate
  • Recipients
  • Economic Growth and Tax Relief Reconciliation Act of 2001
  • Generation-Skipping Transfer Tax
  • Farmers and Small Business Owners
  • State Taxes
  • Additional Resources
  • Guardianships and Conservatorships
  • Background
  • Guardianship
  • Guardianship of Minors
  • Guardianship of the Estate
  • De Facto Custodian
  • Standby Guardianship
  • Permanent Guardianship
  • Subsidized Guardianship
  • Conservatorship
  • Involuntary Commitment
  • Public Fiduciary
  • Representative Payee
  • Power of Attorney
  • Joint Ownership
  • State Law Provisions
  • Additional Resources
  • Intestacy
  • Background
  • Intestacy
  • Partial Intestacy
  • Determining Who Will Receive a Share of an Intestate Estate
  • Intestacy Laws and Surviving Spouses
  • Intestacy and Marital Property
  • Typical Intestacy Distribution Methods
  • If the Intestate Decedent Is Married but Has No Children
  • If the Intestate Decedent Is Married and Has Children
  • If the Intestate Decedent Is a Single Person with Children
  • If the Intestate Decedent Is a Single Person with No Children
  • Escheat
  • Estate and Inheritance Tax Considerations
  • Additional Resources
  • Life Insurance
  • Background
  • Types of Insurance
  • Individual Life Insurance
  • Group Life Insurance
  • Second-To-Die and First-To-Die Insurance
  • Term Life Insurance
  • Cash Value Life Insurance
  • Traditional Whole Life and Universal Life
  • Variable Life and Variable Universal Life
  • Insurable Interest
  • Examinations
  • Claims
  • Denial of Claims
  • Exclusions
  • Insurance Regulation
  • Rates
  • Minors as Beneficiaries
  • Additional Resources
  • Long-Term Care Planning
  • Background
  • Planning For Long-Term Care
  • Long-Term Care Insurance
  • Combined Life and Long-Term Care Insurance
  • Reversible Mortgages
  • Annuities
  • Trusts
  • Additional Resources
  • Power of Attorney
  • Background
  • Agent
  • Creating a Power of Attorney
  • Types of Powers of Attorney
  • General Power of Attorney
  • Special or Limited Power of Attorney
  • Springing Power of Attorney
  • Durable Power of Attorney
  • Revoking a Power of Attorney
  • Additional Resources
  • Probate and Executors
  • Background
  • Personal Representative
  • Duties
  • Compensation
  • Probate Court
  • Ancillary Probate
  • Will Contests
  • Lawsuits
  • Creditors
  • Avoiding Probate
  • Taxes
  • Individual Income Taxes
  • Estate Income Taxes
  • State Law
  • Additional Resources
  • Trusts
  • Background
  • Types of Trusts
  • Revocable Trust
  • Irrevocable Trust
  • Asset Protection Trust
  • Charitable Trust
  • Constructive Trust
  • Special Needs Trust
  • Spendthrift Trust
  • Tax By-Pass Trust
  • Totten Trust
  • Parties to a Trust
  • Trustmaker
  • Trustee
  • Beneficiaries
  • Reasons for Trust Creation
  • Asset Control
  • Tax Savings
  • Asset Protection
  • Avoiding a Conservatorship
  • Avoiding Probate
  • State Law
  • Additional Resources
  • Wills
  • Background
  • What Is in a Typical Will?
  • The Personal Representative
  • Changing a Will
  • Competency
  • Contesting or Challenging a Will
  • Disinheriting
  • Divorce
  • Dying Without a Will
  • Guardians
  • Life Insurance
  • Lost Wills
  • Moving From State to State
  • Revoking a Will
  • Probate
  • Taxes
  • Types of Wills
  • Do-It-Yourself Wills
  • Oral Wills
  • Death-Bed Wills
  • Holographic Wills
  • Self-Probating Wills
  • Living Wills
  • Additional Resources
  • F
  • Family Law
  • Adoption
  • Background
  • Types of Adoption
  • Domestic Adoptions
  • Multiethnic Adoptions
  • International Adoptions
  • The Adoption Process
  • Obstacles to the Adoption Process
  • Putative Fathers
  • Single Parent Adoptions
  • Multiethnic Issues
  • Gay and Lesbian Adoptions
  • Open Adoption
  • Searching for Birth Parents
  • Getting Information
  • Additional Resources
  • Child Abuse/Child Safety/Discipline
  • Background
  • History
  • Defining Child Abuse
  • Preventing Child Abuse
  • Mandatory Reporting Laws
  • State Laws
  • Additional Resources
  • Child Support/Custody
  • Background
  • Child Custody
  • Joint Custody
  • Split Custody
  • Custody Disputes
  • Child Support
  • Mediation
  • State Laws
  • Additional Resources
  • Cohabitation
  • Background
  • Unmarried Cohabitation Compared with Marriage
  • Criminal Statutes
  • Legal Status and Discrimination
  • Acquisition of Property
  • Children
  • Adoption
  • Eligibility for Benefits
  • Recognition of Domestic Partners
  • Common Law Marriage
  • Agreements Between Unmarried Cohabitants
  • Validity
  • Provisions of Written Cohabitation Agreements
  • Wills and Durable Power of Attorney for Health Care
  • State and Local Provisions Regarding Cohabitation
  • Additional Resources
  • Divorce/Separation/Annulment
  • Background
  • No-fault Divorce
  • Legal Separation
  • Annulment
  • Property Distribution
  • Equitable Distribution
  • Community Property
  • Military Pay
  • Spousal Support
  • Temporary Orders
  • Court Process
  • Insurance
  • Divorce from Parents (Emancipation)
  • State Laws
  • Additional Resources
  • Domestic Violence
  • Background
  • History of Police Responses to Domestic Violence
  • Federal Legislation
  • State Legislation
  • Civil and Other Proceedings
  • Domestic Violence and the Workplace
  • Domestic Violence and Firearms
  • Stalking
  • Battered Women's Syndrome
  • Identifying Signs of Domestic Violence
  • Additional Resources
  • Emancipation
  • Background
  • Age
  • Automatic Emancipation
  • Petition to Courts
  • Criteria for Emancipation
  • Rights, Privileges, and Duties Inherent in Emancipation
  • Examination of Certain State Provisions on Emancipation
  • Additional Resources
  • Family Planning/Abortion/Birth Control
  • Background
  • History
  • Birth Control
  • Abortion
  • Roe v. Wade
  • After Roe v. Wade
  • Additional Resources
  • Foster Care
  • Background
  • Federal Child Welfare Programs
  • Foster Care Funding
  • Medical Issues
  • Children with Disabilities
  • Aging Out of Foster Care
  • Child Abuse
  • Foster Parent Requirements
  • Group Homes
  • Kinship Care
  • The Adoption and Safe Families Act
  • The Indian Child Welfare Act
  • Adoption of Foster Children
  • Additional Resources
  • Gay Couples
  • Background
  • Pre-1993
  • Baehr v. Lewin
  • The Reaction
  • The Defense of Marriage Act (DOMA)
  • Rights Expand as Support Grows
  • Massachusetts
  • California
  • Connecticut
  • Vermont
  • Iowa
  • District of Columbia
  • New Hampshire
  • New York
  • Other State Laws
  • Municipalities and Corporations
  • Additional Resources
  • Grandparents' Rights
  • Background
  • Factors Considered for Custody or Visitation
  • Best Interests of the Child
  • Requirements for Awarding Custody to Grandparents
  • Requirements for Awarding Visitation to Grandparents
  • Courts' Jurisdiction over Custody and Visitation Cases
  • Parties Residing in the Same State
  • Parties Residing in Different States
  • State Provisions for Custody and Visitation
  • Additional Resources
  • Guardianship
  • Background
  • Guardianship of Minors
  • Guardianship of Adults
  • Testamentary Guardianship
  • Temporary Guardianship
  • Guardianship of Persons Who Are Mentally or Physically Incapacitated or Disabled
  • Removal of Guardian
  • Examination of Certain State Provisions on Guardianship
  • Additional Resources
  • Marriage/Marriage Age
  • Background
  • Consent
  • Age
  • Capacity
  • Marriage Between Close Relatives
  • Common Law Marriage
  • Interracial Marriage
  • Polygamy
  • Same-Sex Marriage
  • Change of Last Name
  • State by State Summary (Age of Consent, Etc.)
  • Additional Resources
  • Parent Liability Child's Act
  • Background
  • Minors
  • Civil Responsibility
  • Teenage Parents
  • Negligent Supervision
  • Family Car Doctrine
  • Criminal Responsibility
  • Child Access Protection Laws
  • Computer Hacking and Internet Crimes
  • Juvenile Delinquents
  • Insurance Coverage
  • Selected State Laws
  • Additional Resources
  • Paternity
  • Background
  • Significance
  • Voluntary Paternity Determinations
  • Voluntary Petitions
  • Voluntary Testing
  • Formal Paternity Proceedings
  • Legal Standing
  • Complaint for Paternity
  • Challenging Paternity
  • The Uniform Parentage Act
  • State Laws
  • Additional Resources
  • Physician-Assisted Suicide
  • Background
  • Supreme Court Rulings
  • Oregon's Death With Dignity Act
  • The DWDA and the Controlled Substances Act of 1970
  • Other States
  • Additional Resources
  • Prenuptial Agreements
  • Background
  • Requirements for Prenuptial Agreements
  • Provisions of a Prenuptial Agreement
  • Inventory
  • Character of Property
  • Spousal Support
  • Escalator Clause
  • Contested Agreements
  • Child Custody and Child Support
  • Postmarital Agreements
  • Living Together Agreements
  • Engagement Rings
  • Probate Concerns
  • Additional Resources
  • Termination Parental Rights
  • Unmarried Parents
  • Background
  • Unmarried Parents Living Together
  • Paternity Actions
  • Paternity Tests
  • Blood Tests
  • DNA Tests
  • Custody and Visitation
  • Artificial Conception
  • Artificial Insemination
  • Invitro Fertilization
  • Surrogate Mothers
  • Welfare
  • Names
  • Taxes
  • Additional Resources
  • First Amendment Law
  • Assembly
  • Background
  • Content-Based vs. Content-Neutral Restrictions on Free Speech
  • Public vs. Private Speech
  • Reasonable Time, Place, and Manner Restrictions
  • Overbreadth and Vagueness
  • Permissible and Impermissible Restrictions on Rights of Assembly
  • Speech and Assembly in Public Streets and Parks
  • Parade Permits and Other Restrictions
  • Speech and Assembly in Libraries and Theatres
  • Speech and Assembly in Airports and Other Public Transportation Centers
  • Picketing and Other Demonstrations
  • Loitering and Vagrancy Statutes
  • Speech and Assembly on Private Property
  • State Laws Affecting Rights of Assembly
  • Additional Resources
  • Censorship
  • Background
  • Early History
  • Censorship in the United States
  • Book Censorship
  • Music Censorship
  • Press Censorship
  • Electronic Censorship
  • Additional Resources
  • Establishment Clause
  • Background
  • Tests Used to Determine Constitutional Violations
  • Religious Education in Public Schools
  • School Prayer
  • Creationism, Evolution, and Intelligent Design
  • School Vouchers
  • Religious Displays on Government Property
  • Happy Holidays
  • Ten Commandments
  • Governmental Assistance or Benefits
  • National Symbols
  • Blue Laws and Sunday Closings
  • Additional Resources
  • Free Speech/Freedom of Expression
  • Background
  • Protection of Core Political Speech
  • Permissible Restrictions on Freedom of Expression
  • Speech that Incites Illegal or Subversive Activity
  • Fighting Words
  • Symbolic Expression
  • Commercial Speech
  • Freedom of Expression in Public Schools
  • Obscenity and Pornography
  • Regulation of the Internet
  • State Law Protecting Free Expression
  • Additional Resources
  • Freedom of Association
  • Introduction
  • Evolution of Freedom of Association
  • NAACP v. Alabama
  • Bates v. City of Little Rock
  • Scales v. United States
  • Right to Intimate Associations
  • Griswold v. Connecticut
  • Roberts v. United States Jaycees
  • Right to Expressive Association
  • Freedom Not to Associate
  • Abood v. Detroit Board of Education
  • Boy Scouts of America v. Dale
  • Select State Court Decisions
  • Additional Resources
  • Regulating Video Games
  • Introduction
  • Efforts to Restrict Video-Game Sales to Minors
  • State Regulations
  • Brown v. Entertainment Merchants Association
  • Warning Labels
  • Other First Amendment Issues
  • Intellectual Property Issues
  • Copyright Protection
  • Trademark Protection
  • Privacy Issues
  • Additional Resources
  • Religious Freedom
  • Background
  • The Establishment Clause
  • History Behind the Establishment Clause
  • Case Law Interpreting the Establishment Clause
  • The Free Exercise Clause
  • History Behind the Free Exercise Clause
  • Case Law Interpreting the Free Exercise Clause
  • State Laws Protecting Religious Freedom
  • Additional Resources
  • H
  • Health Care
  • Doctor-Patient Confidentiality
  • Background
  • Key Points
  • The Doctor-Patient Relationship
  • Doctor-Patient Privilege
  • Constitutional Right to Privacy
  • Waiver of Confidentiality or Privilege
  • Select Applications
  • Medical Records
  • Death Certificates
  • Duty to Warn Others of Medical Conditions
  • Select State Disclosure Laws
  • Additional Resources
  • Informed Consent
  • Background
  • From Common Law to Statute
  • Application of the Doctrine
  • Defenses
  • Measuring the Duty to Inform
  • Professional Standard
  • Materiality and Subjective Patient Standards
  • Select State Law Provisions Regarding Disclosure Requirements
  • Additional Resources
  • Insurance
  • Background
  • Health Insurance Basics
  • Employer Provided Health Insurance
  • Consolidated Omnibus Budget Reconciliation Act of 1989 (COBRA)
  • Insurance Reforms in the Affordable Care Act
  • Medicare Coverage
  • Eligibility
  • Coverage
  • Cost
  • Medigap Coverage
  • Medicaid
  • Disability and Long-Term Care
  • Denial of Claims or Reduced Payment of Benefits
  • Selected State Laws
  • Additional Resources
  • Limitations of Liability
  • Background
  • Warranties and Disclaimers
  • Monetary Ceilings and Caps
  • Insurance “Policy Limits”
  • Contractual Terms
  • Public Policy Exceptions
  • Limited Liability Companies (LLCs)
  • Limitations on Governmental Liability
  • Additional Resources
  • Managed Care/HMOs
  • Background
  • Types of Managed Care Organizations (MCOs)
  • Health Maintenance Organizations (HMOs)
  • Preferred Provider Organizations (PPOs)
  • Exclusive Provider Organizations (EPOs)
  • Point-of-Service Plans (POS)
  • Medicare Managed Care
  • The HMO Act of 1973
  • State Laws
  • Common State Provisions
  • Additional Resources
  • Medicaid
  • Background
  • History
  • Eligibility
  • How Medicaid Funds Are Administered
  • Fee-For-Service Medicaid
  • Medicaid Managed Care
  • Benefits
  • State-By-State Guide To Medicaid
  • Additional Resources
  • Medical Malpractice
  • Background
  • Actionable Malpractice
  • Failure to Diagnose or Erroneous Diagnosis
  • Failure to Treat or Erroneous Treatment
  • Substandard Care, Treatment, or Surgery
  • Gross Negligence
  • Unauthorized Treatment or Lack of Informed Consent
  • Guaranteed Results or Guaranteed Prognosis
  • Breaches of Doctor-Patient Confidentiality
  • Vicarious Liability
  • Patient's Contributory or Comparative Negligence
  • Medical Malpractice Tort Reform
  • State Tort Reform Statutes for Malpractice Actions
  • Additional Resources
  • Medical Marijuana
  • Background and History of Medical Marijuana Laws
  • State Law Provisions
  • Defenses Provided
  • Registry Systems
  • Quantity Limits
  • Dispensaries
  • Caregiver Provisions
  • ID Cards
  • Conflicts with Federal Law
  • Major Cases
  • State Laws on Medical Marijuana
  • Additional Resources
  • Medical Records
  • Background
  • Sources of Protection of Medical Information
  • Common Law Duty of Confidentiality
  • Constitutional Right to Privacy
  • Statutory Privacy Laws
  • The Federal Privacy Rule
  • Voluntary Consent for Release of Medical Information
  • Waiver of Consent for Release of Medical Information
  • Involuntary Release of Medical Information
  • Selected Applications
  • Death Certificates
  • Disclosures to State or Federal Authorities
  • Selected State Disclosure Laws
  • Additional Resources
  • Organ Donation
  • Background
  • Legislation
  • Earlier Federal Legislation
  • Uniform Anatomical Gift Act of 1987
  • The National Organ Transplant Act
  • The Patient Self-Determination Act of 1991
  • State Anatomical Gift Acts
  • Advance Care Directives
  • Additional Resources
  • The Patient Protection and Affordable Care Act
  • Background
  • Provisions of the Act
  • Individual Mandate
  • Employer Requirements
  • Expansion of Public Programs
  • Health Insurance Exchanges
  • Changes to Private Insurance
  • Essential Benefits
  • Tax Credits
  • Improving the Quality of Health Care
  • Other Provisions
  • National Federation of Independent Business v. Sebelius
  • Additional Resources
  • Patient Rights
  • Background
  • Right to Autonomy and Self-Determination
  • History
  • Living Wills
  • Durable Powers of Attorney
  • The Patient Self-Determination Act of 1990
  • Euthanasia and the “Right to Die”
  • Informed Consent
  • Patient's Bill of Rights Under the Affordable Care Act
  • Right to Privacy
  • Right to Treatment
  • State Provisions
  • Additional Resources
  • Regulation of Tobacco
  • Background
  • Family Smoking Prevention and Tobacco Control Act
  • FDA Rules
  • State Authority to Regulate Tobacco
  • State Restrictions on Smoking
  • Additional Resources
  • State Licensing and Certification Laws
  • Introduction
  • Physicians and Surgeons
  • Counselors and Therapists
  • Dentists and Dental Assistants
  • Pharmacists and Pharmacy Assistants
  • Nurses
  • Physical and Occupational Therapists
  • Additional Resources
  • Treatment of Minors
  • Background
  • Informed Consent
  • Generally
  • Family Planning
  • Emergency
  • Sexual Abuse
  • Mental Health and Substance Abuse
  • Sexually Transmitted Diseases
  • Status
  • The Mature Minor Doctrine
  • Confidentiality of Medical Records
  • Health Insurance for Minors
  • Additional Resources
  • Treatment without Insurance
  • Background
  • The Dangers of Being Uninsured
  • Quality of Care
  • Failure to Get Treatment
  • How Are the Uninsured Protected?
  • EMTALA
  • PPACA
  • Government Assistance Programs
  • Other Solutions
  • Additional Resources
  • Homeland Security
  • Emergency Management
  • Background
  • Early Efforts with Emergency Management
  • First Responders
  • Government Agencies
  • Department of Homeland Security
  • Civilian Agencies
  • Private Sector
  • Additional Resources
  • Natural Disasters
  • Background
  • Charting Disasters
  • Early Agencies
  • Federal Emergency Management Agency (FEMA)
  • National Oceanic and Atmospheric Administration (NOAA)
  • U.S. Geological Survey
  • First Responders
  • National Guard and Coast Guard
  • Department of Homeland Security
  • Additional Resources
  • Terrorism
  • Overview
  • Methods of Attack
  • Terrorism in the United States
  • Anti-government
  • Race-based
  • Anti-war and Nationalist
  • Eco-terrorism
  • The USA PATRIOT Act
  • Department of Homeland Security
  • Federal Bureau of Investigation (FBI) and National Counterterrrorism Center (NCTC)
  • Additional Resources
  • Transportation Security Administration (TSA)
  • Background
  • Airport Screening
  • Covert Testing
  • Grant Programs
  • Additional Resources
  • US Department of Homeland Security
  • Background
  • September 11th Terrorist Attacks
  • Creation of the Office of Homeland Security
  • Passage of the Homeland Security Act
  • Restructuring of Federal Agencies into Directorates
  • Components of the U.S. Department of Homeland Security
  • Office of the Secretary
  • Department Components
  • State Offices of Homeland Security
  • Additional Resources
  • I
  • Immigration
  • Asylum
  • Background
  • Qualifying for Asylum
  • Who Can Stay
  • Who Cannot Stay
  • The Asylum Process
  • Derivative Asylum
  • Torture
  • Appealing a Rejected Application
  • Additional Resources
  • Deportation
  • Background
  • History of Deportation in the United States
  • The Deportation Process
  • Voluntary Departure
  • Inadmissible Aliens
  • Ways to Avoid Deportation
  • Waivers, Cancellation, and Suspension
  • Asylum Seekers
  • Removal Statistics
  • Additional Resources
  • Dual Citizenship
  • Background
  • What Is a Dual National?
  • Pros and Cons
  • Significant Court Cases
  • Perkins v. Elg
  • Kawakita v. United States
  • Afroyim v. Rusk
  • Renouncing Citizenship
  • United States
  • Other Countries
  • Staying Informed
  • Additional Resources
  • Eligibility for Government Services
  • Background
  • Pre-1996
  • Welfare Reform and Its Impact
  • Benefits for Legal Immigrants
  • Temporary Assistance for Needy Families
  • SSI
  • Food Stamps
  • Medicaid
  • Exceptions
  • Sponsor Deeming
  • Public Charge Finding
  • State-by-State Guide to Government Benefits for Immigrants
  • Additional Resources
  • Residency/Green Cards/Naturalization
  • Background
  • Becoming a Lawful Permanent Resident
  • Immigration Petition
  • Immigrant Visa Number
  • Special Situations
  • Working in the United States
  • Naturalized Citizens
  • Requirements for Naturalization
  • The Application Process
  • Appealing USCIS Decisions
  • Immigration Reform
  • Additional Resources
  • State Illegal Immigrant Laws
  • Introduction
  • Controversy Over State Immigration Laws
  • Arizona v. United States
  • Similar Bills in Other States
  • State Immigration-Related Laws
  • Budgets
  • Education
  • Employment
  • Health
  • Human Trafficking
  • Driver's and Other Licenses
  • Law Enforcement
  • Public Benefits
  • Voting
  • Other Categories
  • Additional Resources
  • US Immigration and Naturalization
  • Background
  • Brief History
  • Pre-1900
  • 1900 to 2002
  • Immigration Challenges
  • Reorganization after September 11, 2001
  • Immigration Law Highlights
  • Temporary Visitors
  • Illegal Immigration Activities
  • Asylum and Refugee Status
  • Lawful Permanent Residents
  • Additional Resources
  • Intellectual Property
  • Copyright
  • Background
  • Definition of Copyright
  • History of Copyright
  • Copyrightable Works
  • What Is Copyrightable
  • What Is Not Copyrightable
  • Copyright Ownership
  • Registration, Deposit, and Notice
  • Identify Ownership
  • Attributes of Ownership
  • Duration of Ownership
  • Copyright Infringement
  • Definition of Infringement
  • Defense to Infringement: Fair Use
  • Remedies for Infringement
  • State Laws Related to Copyright
  • Additional Resources
  • Licensing
  • Introduction
  • Typical Intellectual Property Licenses
  • Royalties
  • Copyright Licenses
  • Trademark Licenses
  • Patent Licenses
  • Trade Secrets
  • Licenses
  • State Laws on Trade Secrets
  • Additional Resources
  • Patents
  • Background
  • Types of Patents
  • Utility Patents
  • Design Patents
  • Plant Patents
  • Patentability
  • Novelty
  • Nonobviousness
  • Utility, Distinctiveness, or Ornamentality
  • Obtaining a Patent
  • Inventors Entitled to Patents
  • Provisional Patent Application
  • Joint Inventions
  • Specifications and Claims
  • Patent Oath and Fees
  • Review by the Patent and Trademark Office
  • Inventors' Rights to Patented Items
  • Duration of Patents
  • Assignment and Licensing
  • Abandonment
  • Infringement
  • Damages
  • Applicability of State Law to Patents
  • Additional Resources
  • Trademarks
  • Background
  • Trademark Law
  • The Lanham Act
  • Trademark Registration
  • Trademark Infringement
  • State Court Decisions
  • Additional Resources
  • Unfair Competition
  • Background
  • The Law of Unfair Competition
  • Free Market Theory Underlying the Law
  • Interference with Business Relations
  • Infringement upon Trademarks, Trade Names, and Service Marks
  • Infringement upon Copyrights and Patents and Theft of Trade Secrets
  • False Advertising, Trade Defamation, and Misappropriation of a Name or Likeness
  • State Law of Unfair Competition
  • Additional Resources
  • Internet
  • Advertising
  • Background
  • Before the Internet
  • Print, Radio, and TV Advertising
  • Advertising Becomes More Intrusive
  • Benefits of Internet Advertising
  • Advertising Caveats
  • Website Advertising
  • Cookies
  • Spam
  • Search Engines
  • Social Networking Site Advertising
  • Mobile Advertising
  • Internet Advertising and Children
  • Making Internet Advertising Work for Users
  • Additional Resources
  • Consumer Rights and Protection
  • Background
  • Development of the Internet
  • Consumers and Privacy
  • Computer Fraud and Abuse Act
  • Electronic Communications Privacy Act
  • Children's Online Privacy Protection Act
  • CAN-SPAM Act
  • Identity Theft
  • Federal Trade Commission Actions
  • Cybersquatting
  • Electronic Signatures and E-Sign
  • Additional Resources
  • Free Speech
  • Background
  • Radio, Television, and the Internet
  • The Communications Decency Act of 1996
  • Reno v. ACLU
  • The Child Online Protection Act
  • Filters
  • The Children's Internet Protection Act
  • Anonymity
  • Additional Resources
  • Internet Crime
  • Background
  • Fraud
  • Unauthorized Computer Access
  • Types of Unauthorized Access
  • National Security
  • Illegally Obtaining Information
  • Affecting U.S. Government Computers
  • Intent to Defraud
  • Damaging Computers
  • Password Trafficking
  • Extortion
  • Additional Penalties and Legal Recourse for Unauthorized Access
  • Damaging Communications Lines, Stations, or Systems
  • Interception and Disclosure of Wire, Oral, or Electronic Communications
  • Terrorism
  • Unlawful Access to Stored Communications
  • Pornography and Sexual Predators
  • Copyright Violations
  • State Laws and Policing of Internet Crime
  • Additional Resources
  • Internet Filters in Schools and Libraries
  • Background
  • Filtering Restrictions
  • Institutions Affected
  • Compliance
  • Internet Safety Policy
  • Filtering
  • Disabling Filters
  • Enforcement
  • State and Local Restrictions
  • Additional Resources
  • Internet Privacy
  • Background
  • Electronic Communication Privacy Act
  • Purpose of the Law
  • Protected Internet Communication
  • Exceptions for Employees of Network Services
  • Exceptions for Employers
  • Exceptions for Government Authorities
  • Additional Exceptions Under the USA Patriot Act of 2001
  • The Children's Internet Protection Act
  • The CAN-SPAM Act
  • Anonymity
  • State Laws
  • Additional Resources
  • Internet Regulation
  • Background
  • Intellectual Property
  • Trademark Law
  • Copyright Law
  • Patent Law
  • Free Speech
  • Obscenity and Pornography
  • Commercial Speech
  • Defamation
  • Privacy
  • Privacy Concerns on the Internet
  • Laws Regulating Privacy on the Internet
  • Contracts
  • Other Legal Considerations
  • Additional Resources
  • Net Neutrality
  • Background
  • ISP Network Management Practices
  • FCC Net Neutrality Rules
  • Additional Resources
  • Online Business
  • Background
  • General Legal Issues Confronting Those Starting and Maintaining an Online Business
  • Domain Names and Trademarks
  • Privacy Issues
  • The Uniform Commercial Code and Online Business
  • Electronic and Digital Signatures
  • Linking
  • Emailing and “Spamming”
  • Metatags
  • Internet Sales Tax
  • Special State Law Considerations
  • Electronic and Digital Signatures and E-SIGN
  • E-mailing and “Spamming”
  • Internet Sales Tax
  • Additional Resources
  • Piracy and File-Sharing
  • Background
  • Federal Laws
  • Digital Millennium Copyright Act
  • No Electronic Theft Act
  • Napster
  • After Napster
  • Grokster
  • The Pirate Bay and BitTorrent File-Sharing Sites
  • Campus Crackdowns
  • Additional Resources
  • Pornography
  • Background
  • Federal Restrictions on Cyber Porn
  • Child Pornography
  • Disseminating Cyber Porn to Minors
  • Filtering in Federally Funded Public Schools and Libraries
  • State Laws
  • Additional Resources
  • Social Media
  • Background
  • General Privacy Concerns
  • Social Media and State Employment Law
  • Social Media and Federal Employment Law
  • Additional Resources
  • L
  • Labor Law
  • At-Will Employment
  • Background
  • History
  • Application of the Doctrine
  • Exceptions
  • Public Policy
  • Written Employment Contracts
  • Oral Contracts
  • Employee Handbooks and Manuals
  • Good Faith and Fair Dealing
  • Federal Statutes
  • Selected State Laws Concerning At-Will Employment
  • Additional Resources
  • Benefits
  • Background
  • Federal Laws that Impact Employee Benefits
  • Laws that Mandate Certain Benefits
  • Laws that Impact Employee Benefits
  • Optional Employee Benefits
  • Nontraditional and Emerging Employee Benefits
  • Employee “Cafeteria Plan” Benefits
  • Benefit Incidence Among Medium to Large Employers
  • Additional Resources
  • Child Labor Laws
  • Background and History of Child Labor Laws
  • Employers Subject to the Fair Labor Standards Act (FLSA)
  • Children Exempted from Coverage Under Federal Law
  • Minimum Age Standards
  • Wage Payments to Children
  • Nonagricultural Employment of Children
  • Hazardous Occupations
  • Specific Employment Standards for 14- and 15-Year-Old Workers
  • Specific Employment Standards for 16- and 17-Year-Old Workers
  • Agricultural Employment of Children
  • Enforcement and Penalties
  • Select State Child Labor Laws
  • Additional Resources
  • Discrimination
  • Background
  • Federal Laws Prohibiting Employment Discrimination
  • National Labor Relations Act of 1935
  • Fair Labor Standards Act of 1938
  • Equal Pay Act of 1963
  • Title VII of the Civil Rights Act of 1964
  • Age Discrimination in Employment Act of 1967
  • Rehabilitation Act of 1973
  • Civil Service Reform Act of 1978
  • Pregnancy Discrimination Act of 1978
  • Immigration Reform and Control Act of 1986
  • Americans With Disabilities Act of 1990
  • Family Medical Leave Act of 1993
  • Genetic Information Nondiscrimination Act of 2008
  • State Laws and Statutes Prohibiting Employment Discrimination
  • Additional Resources
  • Drug Testing
  • Background
  • Federal Law
  • Constitutional Protections
  • Key Provisions
  • Special Considerations
  • Mandatory vs. Optional Testing
  • “For Cause” vs. “Random” Testing
  • Testing Union vs. Non-union Employees
  • Testing Employees vs. Applicants
  • Select State Laws
  • Additional Resources
  • Employee's Rights/EEOC
  • Background
  • Employee-Employer Relationships
  • Types of Employment Discrimination
  • The Equal Employment Opportunity Commission (EEOC)
  • Make-Up of the EEOC
  • Filing a Charge
  • Procedures
  • Enforcement and Relief
  • Family and Medical Leave Act (FMLA)
  • Background
  • The Basics of FMLA
  • Having or Adopting a Baby
  • Family Members and Serious Illness
  • Employee's Illness
  • FMLA, American with Disabilities Act (ADA), and Title VII
  • The Employer's Perspective
  • Other Elements of FMLA
  • Federal vs. State Regulations
  • Changes to FMLA Regulations
  • Additional Resources
  • Labor Unions/Strikes
  • Background
  • Parties Involved in Labor Relations
  • Employees
  • Employers
  • Unions
  • Forming and Joining a Union to Bargain Collectively
  • Bargaining Units
  • Representation Procedures
  • The Duty to Bargain
  • Good Faith in Bargaining
  • Subjects for Collective Bargaining
  • Conflict Resolution
  • Impasse
  • Picketing
  • Boycotts
  • Strikes and Lockouts
  • State Provisions Regarding Labor Unions and Strikes
  • Additional Resources
  • Migrant and Seasonal Agricultural Workers
  • Background
  • Basic Requirements
  • Employers Subject to the Act
  • Workers Protected by the Act
  • Migrant Agricultural Workers
  • Seasonal Agricultural Workers
  • Independent Contractors
  • Additional Protections
  • Motor Vehicle Safety
  • Compliance with Written Agreements
  • Enforcement of the MSAPA
  • Criminal Sanctions
  • Judicial Enforcement
  • Administrative Sanctions
  • Private Rights of Action
  • Application of State Laws
  • Additional Resources
  • Occupational Health and Safety
  • Background
  • Providing a Safe Workplace
  • Accident Prevention Programs
  • Workers' Right to Know
  • Hazardous Materials
  • Personal Protective Equipment
  • Recordkeeping and Reporting
  • Training and Education
  • Access to Records
  • Protection From Retaliation for Reporting Violations
  • Complying with OSHA Standards
  • OSHA Inspections
  • Penalties and Consequences of OSHA Violations
  • Appeals
  • State OSH Laws and Programs
  • Additional Resources
  • Privacy in Employment
  • Background
  • Federal Law Governing Workplace Privacy
  • Federal Constitutional Law
  • Federal Legislation
  • State Law Governing Workplace Privacy
  • State Constitutional Law
  • State Legislation
  • State Common Law
  • Emerging Issues in Privacy Law
  • Additional Resources
  • Sexual Harassment
  • Background
  • Types of Sexual Harassment
  • Quid Pro Quo Sexual Harassment
  • Hostile-Environment Sexual Harassment
  • History
  • Title VII and Equal Employment Opportunity Commission (EEOC) Guidelines
  • Meritor Savings Bank v. Vinson
  • Harris v. Forklift Systems, Inc.
  • Oncale v. Sundowner Offshore Services, Inc.
  • Faragher v. Boca Raton and Burlington Industries, Inc. v. Ellerth
  • Clark County School District v. Breeden
  • Crawford v. Metropolitan Government of Nashville and Davidson County, Tenn.
  • Other Legal Issues
  • Education and Sexual Harassment
  • Title IX
  • Franklin v. Gwinett County Public Schools
  • Davis v. Monroe County Board of Education
  • State Laws and Sexual Harassment
  • Additional Resources
  • Unemployment Insurance/Compensation
  • Background
  • Program Overview
  • Federal Preemptive Laws
  • Federal Unemployment Tax Act (FUTA)
  • State Unemployment Provisions
  • Additional Resources
  • Wage and Hour Laws
  • Background
  • History
  • Fair Labor Standards Act
  • Exempt Employees
  • Child Labor
  • Overtime
  • State Wage and Hour Laws
  • Additional Resources
  • Whistleblowers
  • Background
  • Federal Whistleblower Statutes
  • False Claims Act
  • Other Federal Laws
  • State Whistleblower Statutes
  • General State Whistleblower Statutes
  • Public Policy Exception
  • Federal Preemption
  • State-by-State Guide to Whistleblower Coverage
  • Additional Resources
  • Workers' Compensation
  • Background
  • History
  • Rationale
  • Third-Party Negligence
  • Procedure
  • Compensable Injuries
  • Types of Benefits
  • State Workers' Compensation Laws
  • Additional Resources
  • M
  • Motor Vehicles
  • Accident Liability
  • Background
  • Concept of Fault or Liability
  • Common Law
  • Motor Vehicle Statutory Violations
  • Automobile Accident Liability Insurance
  • Contributory Negligence Standards
  • Comparative Negligence Standards
  • No-Fault Liability Systems
  • Components of an Automobile Insurance Policy
  • When Accidents Occur
  • In a Rental or Leased Vehicle
  • When a Pedestrian or Bicyclist Is Hit
  • When an Animal Is Hit
  • In One-Vehicle Accidents
  • In Another State or Country
  • When One Causes an Accident
  • When One Is Injured in an Accident
  • Vicarious Liability and Negligent Entrustment
  • State Laws
  • Additional Resources
  • Automobile Financing
  • Background
  • Federal and State Laws
  • Truth in Lending Act
  • Consumer Leasing Act
  • The Credit Practices Rule
  • The Equal Credit Opportunity Act
  • Fair Credit Reporting Act
  • The Financing Process
  • Leasing a Vehicle
  • Additional Resources
  • Boats, ATVs, and Snowmobiles
  • Background
  • Recreational Boating
  • All-Terrain Vehicles (ATVs)
  • Snowmobiles
  • Additional Resources
  • Buying a Car/Registration
  • Background
  • Consumer Protections
  • Product Warranties
  • Lemon Laws for New and Used Vehicles
  • Right to Rescind Purchases
  • Credit Matters
  • Title Transfers and Liens
  • State Registration Requirements
  • State Lemon Laws
  • Additional Resources
  • Distracted Driving
  • Background
  • Federal Efforts to Combat Distracted Driving
  • State Laws
  • Additional Resources
  • Driver's License
  • Background
  • Requirements
  • Identification
  • Age
  • Fees
  • Tests
  • Written
  • Vision
  • Driving
  • Insurance
  • Kinds of Licenses
  • Instruction or Learner's Permit
  • Graduated Licenses
  • Commercial
  • International
  • Motorcycle
  • The Motor Voter Law
  • Organ Donation
  • Points
  • License Suspension and Revocation
  • Renewing License
  • Additional Resources
  • Driving Under the Influence
  • Background
  • Elements of the Offense
  • Field Sobriety Tests and Sobriety Checkpoints
  • Felony Drunk Driving
  • Defenses
  • Sentences
  • Additional Resources
  • Insurance
  • Background
  • Liability Insurance
  • What Is Covered
  • Liability Limits
  • Collision and Comprehensive Coverage
  • Determining Value of Car
  • Uninsured/Underinsured Motorist Coverage
  • No-Fault Insurance
  • State-by-State Insurance Requirements
  • Additional Resources
  • Leasing a Car
  • Background
  • Federal Consumer Laws and Regulations
  • Important Terms in Leasing Contracts and Negotiations
  • Disclosures Required Under CLA and Regulation M
  • Additional Disclosures Required under Certain State Laws
  • Fraud and Overcharging
  • Common Leasing Scams
  • Should People Lease or Purchase?
  • Additional Resources
  • Lemon Laws
  • Background
  • Magnuson-Moss Warranty Act
  • State Lemon Laws
  • Additional Resources
  • Motorcycles and Motorbikes
  • Background
  • Motorcycle Safety
  • State Helmet Laws
  • Additional Resources
  • Safety
  • Background
  • Child Passenger Safety
  • Proper Child Safety Seat Use
  • Booster Seat Safety
  • Child Safety Law Exemptions
  • Safety Belt Laws
  • Standard Enforcement Information
  • Air Bags
  • Motorcycle Helmets
  • Speeding
  • Blood Alcohol Content
  • Intoxicated Drivers Repeat-Offender Laws
  • Additional Resources
  • Seat Belt Usage
  • Background
  • Types of Seat Belts
  • Legislation
  • Federal
  • State
  • Primary versus Secondary Laws
  • Why People Ignore Seat Belts
  • Seat Belts on School Buses
  • Keeping Safe
  • Additional Resources
  • Traffic Violations
  • Background
  • Types of Traffic Violations
  • Effect of Traffic Violations
  • Fines
  • Traffic School
  • Suspension of Driving Privileges
  • Insurance Premiums
  • Drunk Driving
  • Drunk Driving Laws and Penalties
  • Additional Resources
  • R
  • Real Estate
  • Boundary/Property/Title Disputes
  • Background
  • Forms of Title
  • Fee Simple
  • Joint Tenancy with Right of Survivorship
  • Tenancy in Common
  • Tenancy in the Entirety
  • Obtaining Title to Property
  • Ownership of Land by Aliens
  • Forms of Leaseholds
  • Periodic Tenancy
  • Tenancy at Will
  • Tenancy for Years
  • Holdover Tenant
  • Partition Actions
  • Boundary Disputes
  • Identifying Property Boundaries
  • Adverse Possession Issues
  • Fences
  • Trees
  • Animals
  • Additional Resources
  • Buying and Selling/Mortgages
  • Background
  • Types of Mortgages
  • Fixed Rate Mortgage
  • Adjustable Rate Mortgage
  • Owner Carryback and Financing
  • Home Equity Loan
  • Second Mortgage
  • Reverse Mortgage
  • Deed of Trust
  • Escrow
  • Abstract of Title
  • Prepayment Penalty Clause
  • Mortgage Contingency Clause
  • Types of Lenders
  • Mortgage Brokers and Bankers
  • Direct Lenders
  • Secondary Market Lenders
  • Defaults and Foreclosures
  • Anti-Deficiency Laws
  • Mortgage Insurance
  • Tax Credit
  • State Laws
  • Additional Resources
  • Condominiums/Co-ops
  • Background
  • Condominiums
  • Cooperatives (Co-ops)
  • Advantages of Condominiums and Co-ops
  • Affordability
  • Stability
  • Disadvantages of Condominium and Co-op Living
  • Ongoing Costs
  • Restrictions
  • Conversions to Condominiums or Co-ops
  • Example: Conversions in New York
  • Buying a Condominium or Co-op
  • Additional Resources
  • Contractors/Liens
  • Background
  • Types of Liens
  • Contractor's Liens
  • Divorce Liens
  • Judgment Liens
  • Homeowners Association Liens
  • Federal Tax Liens
  • Equitable Liens
  • Lien Releases
  • Lien Waivers
  • Discharging Liens
  • State Rules Concerning Contractor's Liens
  • Additional Resources
  • Easements
  • Background
  • Types of Easements
  • Affirmative Easements
  • Negative Easements
  • Creation of Easements
  • Express Easements
  • Implied Easements
  • Necessity Easements
  • Permissive Easements
  • Prescriptive Easements
  • Conservation Easements
  • Preservation Easements
  • Use of Easements
  • Transfer of Easements
  • Easement Appurtenant
  • Easement in Gross
  • Termination of Easements
  • Additional Resources
  • Eminent Domain
  • Background
  • Substantive Due Process
  • Property to Be Taken
  • What Constitutes a Taking
  • Public Use
  • Justification or Necessity
  • What Compensation Is Considered Just
  • Procedural Due Process
  • Notice
  • Hearing
  • Remedies
  • State Responses to Kelo
  • Additional Resources
  • Foreclosure
  • Background
  • Types of Foreclosure
  • Acceleration
  • Foreclosure By Judicial Sale
  • Parties and Omissions
  • Procedures
  • Deficiency Judgments
  • Foreclosure By Power of Sale
  • Availability and Disadvantages
  • Deed of Trust
  • Constitutional Issues
  • Federal Laws Affecting Foreclosure
  • Bankruptcy
  • Soldier and Sailors Relief Act
  • Statutory Redemption
  • Foreclosure Relief
  • Additional Resources
  • Homeowners Associations
  • Background
  • History of Homeowners Associations
  • Levittown Breaks New Ground
  • Disputes
  • Homeowners Associations and Government
  • Getting Involved with Your Homeowners Association
  • Additional Resources
  • Homeowner's Liability/Safety
  • Background
  • Homeowner Liability
  • Invitees
  • Licensees
  • Trespassers
  • Insurance Coverage
  • Safety Considerations
  • Smoke Alarms and Fires
  • Furnace, Fireplace, and Chimney Maintenance
  • Swimming Pools
  • Wiring Systems and General Maintenance
  • Additional Resources
  • Housing Discrimination
  • Background
  • The Fair Housing Act
  • The Civil Rights Act
  • Anti-Discrimination Provisions for Sales and Rentals
  • Anti-Discrimination Provisions for Mortgage Lending
  • Other Provisions
  • Disability Issues
  • Unlawful Questions
  • Accessibility Requirements
  • Families
  • Discrimination Complaints
  • Lawful Discrimination
  • State and Local Laws
  • Additional Resources
  • Insurance (Homeowner's and Renter's)
  • Background
  • Types of Insurance
  • Homeowner's Insurance
  • Title Insurance
  • Mortgage Insurance
  • Mortgage Life Insurance
  • Renter's Insurance
  • Insurance Coverage
  • Exclusions and Limitations
  • Rates and Applications
  • Cancellations
  • Payment of Claims
  • Good Faith Payment of Claims
  • Insurance Regulation
  • Additional Resources
  • Landlord/Tenant Rights
  • Background
  • Leases and Rental Agreements
  • Parties to a Lease
  • Landlord
  • Tenant
  • Roommates
  • Standard Lease Provisions
  • Unenforceable Clauses
  • Landlord Obligations
  • Tenant Obligations
  • Security Deposits
  • Eviction and Unlawful Detainer
  • Defenses to Eviction Proceedings
  • Improper Notice
  • Acceptance of Partial Rent
  • Failure of the Landlord to Maintain the Premises
  • Retaliatory Eviction
  • Constructive Eviction
  • Fair Housing
  • State and Local Laws
  • Additional Resources
  • Neighbor Relations
  • Background
  • Neighbor Conflicts
  • Boundary Disputes
  • Fences
  • Trees
  • Animals
  • Views
  • Structural Additions/Changes
  • Water
  • Parking
  • Noise
  • Weeds
  • Home Business
  • Alternative Dispute Resolutions
  • Mediation
  • Additional Resources
  • Neighborhood Covenants
  • Background
  • General Purpose
  • Covenants, Conditions, and Restrictions (CC&Rs)
  • Builders' Restrictions
  • Homeowners and Condominium Associations
  • Voluntary Neighborhood Covenants
  • Creation and Termination of Covenants
  • Covenants Running With the Land
  • Expiration or Termination
  • Types of Covenants
  • Appearance and Maintenance
  • View
  • Noise
  • Fences
  • Pets
  • Home Businesses
  • Personal Conduct
  • Common Areas
  • Enforcement and Remedy
  • Variances
  • Association Hearings
  • Court Action
  • Additional Resources
  • Opposition to New Development
  • Introduction
  • Bases for Opposition
  • Addressing Objections to Development
  • Zoning Laws and Land-Use Regulations
  • Managing Local Opposition
  • Homeowners Associations
  • Legal Representatives
  • Examples of Local Opposition to New Development
  • Additional Resources
  • Property Appraisal and Valuation
  • Introduction
  • Determining Property Value
  • Defining Market Value
  • Sales Comparison Approach
  • Cost Approach
  • Income Capitalization Approach
  • Professional Appraisers
  • Uniform Standards of Professional Appraisal Practice
  • State Licensing Requirements
  • State and Territory Appraisal Boards and Agencies
  • Additional Resources
  • Renters' Liability
  • Background
  • Renters' Obligation
  • Invitees
  • Licensees
  • Trespassers
  • Insurance
  • Renters' Insurance
  • Moving Insurance
  • Additional Resources
  • Timeshares
  • Background
  • Types of Timeshare Ownerships
  • Deeded Timeshares
  • Non-deeded Timeshares
  • Considerations in Purchasing a Timeshare
  • Practical Factors
  • Investment Potential
  • Total Costs
  • Document Review
  • Exchange Programs
  • Timeshare Donations to Charity
  • Foreign Properties
  • Sales Incentives
  • State Regulation
  • Additional Resources
  • Trespassing
  • Background
  • Landowner Consent
  • Express Consent
  • Implied Consent
  • Hunting
  • Adverse Possession
  • Trespass by Animals
  • State Laws
  • Additional Resources
  • Zoning
  • Background
  • Types of Zoning
  • Residential Zoning
  • Commercial Zoning
  • Industrial Zoning
  • Agricultural Zoning
  • Rural Zoning
  • Combination Zoning
  • Historic Zoning
  • Esthetic Zoning
  • Permitted and Accessory Uses
  • Zoning Changes
  • Change of Zoning
  • Variances
  • Non-Conforming Uses
  • Conditional Use Permits
  • Eminent Domain
  • Additional Resources
  • Retirement and Aging
  • Assisted Living Facilities
  • Background
  • Federal Purview
  • Resident Rights
  • Funding
  • State Provisions
  • Additional Resources
  • Elder Abuse
  • Background
  • Types of Elder Abuse
  • Physical Abuse
  • Emotional Abuse
  • Sexual Abuse
  • Financial Exploitation
  • Neglect and Abandonment
  • Scope of the Problem
  • Problems Reporting Abuse
  • Federal, State, and Local Action
  • Striking a Balance
  • Additional Resources
  • Health Care/Medicare
  • Background
  • Medicare: Part A
  • Medicare: Part B
  • Medicare: Part C
  • Medicare: Part D
  • Payment, Notice, and Appeals
  • The Future of Medicare
  • Additional Resources
  • Nursing Homes
  • Background
  • History of Nursing Homes
  • Social Security
  • Medicare and Medicaid
  • Choosing a Nursing Home
  • Paying for Nursing Home Care
  • Nursing Home Abuse
  • Alternatives to Nursing Homes
  • Additional Resources
  • Phased Retirement
  • Introduction
  • Benefits of Phased Retirement
  • Concerns Regarding Phased Retirement
  • Federal Law
  • Moving Ahead for Progress in the 21st Century Act
  • Eligibility
  • Half-Time Employment
  • Mandatory Retirement
  • Relationship to Other Benefits
  • Survivor Benefits
  • Return to Full-Time Employment
  • Examples of State Laws on and Programs for Phased Retirement
  • Additional Resources
  • Retirement Pension Plans
  • Background
  • Employer Provided Pension Programs
  • Plan Terminations
  • Employee Rights
  • Individual Retirement Pension Plans
  • Individual Retirement Accounts (IRAs)
  • 401(k) Plans
  • Keogh Retirement Plans
  • Pension Fund Protections
  • Employee Retirement Income Security Act of 1974 (ERISA)
  • Pension Benefit Guarantee Corporation (PBGC)
  • Other Remedies
  • Federal Laws that Impact Pension Plans and Pension Programs
  • Additional Resources
  • Social Security
  • Background
  • History
  • Old Age, Survivors', and Disability Insurance
  • Old Age Benefits
  • Survivors' Benefits
  • Disability Benefits
  • Medicare
  • The Future of Social Security and Medicare
  • Additional Resources
  • T
  • Taxes
  • Capital Gains
  • Background
  • Capital Assets
  • Basis
  • Capital Gains and the Sales of Homes
  • Mortgaged Property
  • Long-Term and Short-Term Capital Gains
  • Netting
  • Lower Capital Gains Tax Rates and Low-Income Tax Bracket Taxpayers
  • The 18 Percent Rate
  • Additional Resources
  • Corporate Tax
  • Background
  • How Corporations Are Taxed
  • Corporate Tax Payments
  • Shareholder Tax Payments
  • Dividends
  • Retained Earnings
  • Fringe Benefits
  • Tax-Deductible Expenses
  • C Corporations
  • Tax Advantages of C Corporations
  • Tax Disadvantages of C Corporations
  • S Corporations
  • Tax Advantages of S Corporations
  • Tax Disadvantages of S Corporations
  • Corporate Tax Credits
  • Additional Resources
  • Income Taxes
  • Background
  • Personal Income Taxes
  • Federal Income Taxes
  • Calculating Total Income
  • Subtracting Deductions
  • Applying the Right Tax Rate to Taxable Income
  • Subtract Withholding and Other Payments and Credits
  • Filing Status
  • State and Local Taxes
  • State Corporate Income Taxes
  • Deductions
  • Credits and Exemptions
  • Reciprocal Personal Income Tax Agreements
  • Additional Resources
  • IRS Audits
  • Background
  • Types of Audits
  • How the IRS Selects Taxpayers to Audit
  • Time Limits for the IRS
  • What Happens at an Audit
  • Contesting the Audit
  • The Small Case Division of the Federal Tax Court
  • Audit Findings
  • Additional Resources
  • Property Taxes
  • Background
  • Types of Property
  • Determining Tax Rates
  • Exemptions
  • Tax Assessments
  • Assessing Personal Property
  • Assessing Real Property
  • Changing Property Values
  • Payment
  • Challenging the Valuation of One's Property
  • Additional Resources
  • Sales Taxes
  • Background
  • General Sales Tax
  • Use Tax
  • Excise and Other Special Sales Taxes
  • Gross Receipt Taxes
  • Sales Tax Issues
  • National Sales Tax
  • Internet Taxes
  • Listing of State Sales Tax Rates
  • Additional Resources
  • Self-Employment Taxes
  • Background
  • Social Security
  • Self-Employment
  • Trade or Business
  • Independent Contractors
  • Religious Workers
  • Income for Self-Employment Tax
  • Deductions
  • Social Security Credits
  • Correcting Social Security Earnings
  • Family Business Arrangements
  • Estimated Tax
  • Additional Resources
  • Small Business Tax
  • Background
  • Business Income
  • Small Business Tax Deductions
  • Other Deductions
  • Types of Expenses
  • Current Expenses
  • Capitalized Expenses
  • Depreciation or Amortization of Expenses
  • Independent Contractors and Employees
  • Employee Taxes
  • Partnerships
  • Getting Help
  • Additional Resources
  • Tax Evasion
  • Background
  • The Criminal Investigation Division
  • Tax Evasion, Tax Fraud, and Other Tax Crimes
  • Tax Fraud Prosecution
  • Failing to File Returns
  • Additional Resources
  • Telecommunications
  • Federal Communications Commission (FCC)/Regulations
  • Background
  • Organization
  • Bureaus and Offices
  • The Fairness Doctrine
  • The FCC and Broadcasting
  • Broadcast Regulation and FCC Policy Decisions
  • Regulating Broadcast Television and Radio
  • Wireless Communications
  • Communications Law
  • Getting Involved in FCC Rulemaking
  • Making a Personal Presentation
  • Electronic Filing
  • Other First Amendment Issues
  • Additional Resources
  • Mobile Technologies
  • Introduction
  • Jurisdiction
  • Mobile Telephone Issues
  • Mobile Phone Service Providers and Networks
  • Mobile Services Contracts
  • Common Legal Issues for Mobile Technologies
  • Privacy Issues
  • Truth in Advertising
  • Payment Systems
  • Cloud Computing
  • Definition of Cloud Computing
  • Taxation of Cloud Computing
  • Other State Laws
  • Additional Resources
  • Satellite and Cable
  • Background
  • The Federal Communications Commission (FCC)
  • The FCC and Censorship
  • Other FCC Enforcement Functions
  • Problems with Cable Operators
  • Signal Bleed
  • Blocking Programs or Channels
  • The Satellite Home Viewer Improvement Act of 1999
  • Satellite Home Viewer Extension Acts
  • The Satellite Radio
  • Satellite Antennas
  • Some Activities Not Regulated by the FCC
  • Additional Resources
  • Telephone
  • Background
  • Federal Regulation of Telephone Companies and Telephone Services
  • The Communications Act of 1934
  • Amendments to the Communications Act of 1934
  • State Regulation of Telephone Companies and Services
  • Regulation of Wireless Broadband and Other Newer Technologies
  • Additional Resources
  • Television
  • Background
  • Federal Regulation of Licenses, Content, and Advertising
  • Regulation of Television Broadcast Licenses
  • Content Regulation: The Fairness Doctrine
  • Content Regulation: Rules Underlying the Fairness Doctrine
  • Content Regulation: Obscene, Profane, and Indecent Broadcasts
  • Regulation of Advertising
  • Children and Television
  • Newer Technologies
  • Additional Resources
  • Tort and Personal Injury Actions
  • Assault
  • Background
  • Elements
  • Criminal Assault
  • Civil Assault
  • Additional Resources
  • Battery
  • Background
  • Criminal Battery
  • Civil Battery (Tort)
  • Elements of a Battery
  • Intent
  • Contact
  • Harm
  • Damages
  • Special Applications
  • Medical Battery
  • Toxic Battery
  • Sports
  • Domestic Violence
  • Defenses
  • Additional Resources
  • Libel and Slander
  • Background
  • Elements of Libel and Slander
  • Defamatory Statements
  • Publication Requirement
  • Meaning of a Communication
  • Reference to the Plaintiff
  • Fault
  • Common Law Rules
  • Public Officials and Public Figures
  • Private Persons
  • Defenses
  • Truth
  • Consent
  • Absolute Privileges
  • Conditional Privileges
  • State Statutes of Limitations in Defamation Actions
  • Additional Resources
  • Negligence
  • Background
  • Standards of Care
  • Reasonable Person
  • Standards of Care for Children
  • Elements of a Negligence Case
  • Duty
  • Breach of Duty
  • Cause in Fact
  • Proximate Cause
  • Damages
  • Proof in a Negligence Case
  • Negligence Per Se
  • Specific Duties
  • Duty to Rescue
  • Duty to Control
  • Duty to Protect
  • Professional Malpractice
  • Premises Liability
  • Products Liability
  • Defenses in Negligence Actions
  • Comparative Fault
  • Assumption of the Risk
  • Additional Resources
  • Premises Liability
  • Introduction
  • Application to Owners, Occupiers, and Others
  • Status of the Plaintiff
  • Invitees
  • Licensees
  • Trespassers
  • Other Distinctions
  • Particular Circumstances
  • Recreational Use
  • Slip and Fall Situations
  • Injuries to Children
  • Contributory or Comparative Negligence
  • State Laws
  • Additional Resources
  • Product Liability
  • Background
  • Basis for Liability
  • Negligence
  • Tortious Misrepresentation
  • Warranty
  • Strict Liability
  • Defects in Products
  • Defects in Manufacturing
  • Defects in Design
  • Defects in Warnings
  • Liability for Used Products
  • Defenses
  • Statutes of Limitations in Products Liability Cases
  • Additional Resources
  • Strict Liability
  • Difference Between Strict Liability and Negligence
  • Strict Products Liability
  • Manufacturing Defect
  • Design Defect
  • Warning Defect
  • Innocent Sellers
  • Defenses
  • Abnormally Dangerous Activities
  • Animals
  • Wild Animals
  • Domestic Animals
  • State Laws
  • Additional Resources
  • Travel
  • Children Traveling Alone
  • Background
  • Why Children Travel Alone
  • Train and Bus Travel
  • Air Travel
  • Airline Regulations
  • Other Air Travel Issues
  • International Flights
  • Common Sense
  • Additional Resources
  • Hotel Liability
  • Background
  • Authority
  • Duty to Receive Guests
  • Guest Reservations
  • Right to Evict Persons Admitted as Guests
  • Duty to Persons Who Are Not Guests
  • Duty to Provide Safe Premises
  • Harm or Damage Caused by Other Guests
  • Harm or Damage Caused by Third Persons
  • National Disasters, Acts of God, Public Enemies, Catastrophic Exposures
  • Responsibility for Personal Property
  • Statutory of Contractual Limitations on Liability
  • Innkeepers' Liens
  • Good Samaritan Acts
  • Particular and Unusual Cases
  • Selected State Innkeeper Laws
  • Additional Resources
  • International Travel
  • Embassies
  • Consulates
  • Other Travel Information
  • Health and Immunizations
  • Foreign Laws
  • Drug Arrests
  • Getting Legal Assistance
  • Passports
  • Who Needs a Passport?
  • Keeping Passports Safe
  • Passport Records
  • Visas
  • Customs
  • Before Departing the United States
  • Bringing Foreign Products into the United States
  • Tax Considerations
  • Additional Resources
  • Interstate Travel
  • Background
  • Status Restrictions on the Right to Travel
  • Forbidden Interstate Activity
  • Forbidden Property
  • Additional Resources
  • Passports and Visas
  • Background
  • Obtaining a Passport
  • Applying in Person
  • Proof of Citizenship
  • No-Fee Passports
  • Photographs
  • Children Under 14
  • Visas
  • From the United States
  • To the United States
  • Additional Resources
  • Safety
  • Background
  • Federal and Global Protections
  • The Travel Industry
  • Liability of Travel Agencies
  • Airline Travel
  • Cruise Line Travel
  • Bus and Rail Tours and Packaged Tours
  • Special Considerations for International Travel
  • Select State Provisions for the Licensing and Regulation of Travel Agents or Sellers
  • Additional Resources
  • Travel Security
  • Background
  • Airport Security
  • Rail and Mass Transit Security
  • Intercity Bus Lines
  • Additional Resources
  • State/Federal Agencies and National Organizations Contacts
  • OFFICIAL STATE WEB SITES
  • FEDERAL WEB SITES
  • LEGISLATIVE AND JUDICIAL BRANCHES
  • FEDERAL COURTS DECISIONS
  • EXECUTIVE BRANCH AND AGENCY LINKS
  • CABINET DEPARTMENT WEBSITES
  • SUB CABINET AGENCIES
  • INDEPENDENT AND QUASI FEDERAL AGENCIES
  • NATIONAL ORGANIZATIONS
  • Glossary