Gale Encyclopedia of Everyday Law

Editor: Gale
Publication Year: 2013
Publisher: Gale

Price: Core Collection Only This title is available on our Core subscription collections and is not available for individual purchase.
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.

This book is found in the following Credo Collections:

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