The realm of law is considered a dry subject to the average citizen but it is necessary to most of us at some point in our lives. Some of us will have to deal with the law in our lives and our encounters will be all-encompassing.
This is not a legal textbook. I can’t compete with the experts who have been doing this all their lives. Law is a field that you accumulate knowledge as you go along over many years.
This is a resource book with some explanations in it but that’s not the priority. The priority is resources.
For information about copyrights, refer to #346.048-7104 or K1401, KE2779 and KF2979 at the library.
For laws relating to money, taxes, bankruptcy, insurance, etc., refer to my money book.
I cover business law, incorporation, business bankruptcy, etc. in my business book.
I cover intellectual property in my makin’ money book.
I cover employment law in my job book.
I cover consumer law in my money book.
I cover marriage and divorces in separate books.
I cover car law in my money book.
I cover disabilities law in my disabilities book.
I cover medical law in my medical book.
General Legal Information
The law exists to serve us not to oppress us. If you're ever in a fight with law enforcement entities, don't be intimidated and back down.
You have rights. Always remember that. They exist to serve us not to use us to advance their own agendas, usually career advancement or simply personal ego.
Once a prosecutor and police are convinced they got the right guy, it becomes an ego game to solidify the case even if he's innocent so there's a lot of corruption in the legal system for this reason. Beware and never give up the fight.
Probably the biggest thing about law for the average person is that they're often treated unfairly either as consumers by businesses, by
their employers, landlords, lawyers, professional services, etc. and if they had known, they could have justifiably filed a lawsuit and won a settlement because they were both morally and legally wronged but the true fact is that many people are not aware of the law, don't realize they have a case in court and invariably take the abuse from the entities out there.
I'm not saying to file frivolous lawsuits but if you feel in your heart that you've been wronged, do some research into the law to see if a lawsuit is worth it either in small claims court or in civil court with a lawyer who should work on a contingency basis meaning that you pay nothing up front but if you win, he takes a cut, usually about 30%.
Your case has to be strong enough on legal grounds and lucrative enough in order for a lawyer to take it. The biggest pay-offs are
personal injury cases. Judges are getting fed up with frivolous lawsuits. Think hard before you file a lawsuit about something that you know in your gut is a trivial matter.
For standard law books, go to #340-49 at the library or K in the Library of Congress System, particularly the KE and KF sections for most domestic, family law type issues.
For most people, the relevant civil law, family law type books are at #346. Many are dry and clinical. If you have a legitimate beef, first off, most books cover only general aspects anyway because many laws are subject to the whims of the community therefore written and interpreted that way.
For example, in a rural, religious type community, parents who discipline their children by strapping them may not be breaking the law in that area while in a more urban, liberal area, they'd be thrown in jail, therefore, you must do all your investigating within the law in your particular area.
Broadly speaking, the different types of legal categories are:
Alternative dispute resolution/ADR, arbitration
and mediation.
Appelate, appeals after convictions.
Asbestos litigation.
Bankruptcy.
Business/ corporate has several subspecialties like starting a partnership, franchises, incorporating, intellectual property, venture capital financing, etc.
Collections, collecting money owed or judged
against someone.
Commercial litigation.
Consumer.
Construction, defects in construction.
Contract administration.
Criminal.
Employee rights, benefits.
Entertainment law.
Environmental law.
Estate planning/ probate.
Family law/ divorce.
Foreclosure.
Government.
Health care.
Homeowner associations.
Immigration.
Insurance.
International law.
Labor/ employment.
Landlord/ tenant.
Litigation.
Malpractice.
Native rights.
Personal injury.
Products liability.
Public finance.
Real estate.
Regulatory.
Schools/ education.
Sports.
Tax.
Telecommunications.
Tort.
Travel/ hospitality industry.
Worker’s compensation.
It's always best to talk to a real live human being in matters of law and don't just talk to one person, talk to several to get a feel for the truth.
Opinions in law change like the wind. It almost always comes down to money, how much can a lawyer make from your case.
Justice has very little to do with it despite what all the phony TV shows and movies say with plots about honorable lawyers. Forget about that, it's almost always money.
Try to find a local legal aid helpline or a law
school assistance center by either looking in your phonebook or calling directory assistance.
Barring that, call a few lawyers that specialize in what you're interested in and ask for free advice over the phone. If they think they can make money off you, they will take the case. If the potential pay-off is too low, they won't bother.
In the Library of Congress system at most
academic university libraries, the law section is K.
In the Dewey Decimal System of most public
libraries, it's;
340. General law.
341. International law.
342. Constitutional law.
343. Criminal law.
344. Martial law.
345. U.S. statutes and cases.
346. Domestic law, estate, divorces, etc.
347. Private law and judicial system.
349. Statutes and cases not U.S. or British.
For computer/ internet law, try #343.7109 or
KE452/ KF390.5.
Work related legal books are at #344.
Murder and murder trials are at #345.
You might also find some practical books at #347.3 and #349.71-73 or KE447 and KF385.
Business law, #346.7106, KE1400, KF1420.
Capital punishment, #364.6609, HV8694.
Copyright/ intellectual property law, #346.048-7104, K1401, KE2779, KF2979.
Drug laws, #364.177, HV5825.
Immigration law, #342.730, KF4840.
Motor vehicle law, #345.7102, KE211.
Real estate law, #346.7104, KE752, KF695.
Sports law, #344.710, KE3792, KF3989.
Many libraries have a Government Documents section where you can look up the actual bills passed into law by either the U.S. Congress (U.S. Code/ U.S.C.) or state legislatures.
There are 96 U.S. District Courts and 12 Appellate Circuits plus a state court system in every state. In order to be aware of your local laws, you must do research in your area. Either visit a law library affiliated with either the court, the library or a law school (lsac.org, law school admission council).
The most relevant legal issues are those involving money, love, work, consumer matters, government and business. There are law books on the market which deal exclusively with each of these issues separately such as credit repair and bankruptcy for money.
I've written general books in each of these areas which cover most relevant subjects. If you want more information, they might help you out.
Generally, money books at the library are at #332, love books are at #306.7 and #646.76, work books are at #331 and #658.8. Consumer assistance type books are at #640. Contact the Consumer Information Center, Pueblo, CO 81009, pueblo.gsa.gov and ask for the free Consumer Resource Handbook.
Government type books are at:
350. Public Administration.
351. Central governments.
352. Local governments.
353. U.S. federal and state governments.
354. Other central governments.
355. Military administration.
356. Foot forces, army, marines, etc.
357. Mounted forces.
358. Armored, technical, air, space.
359. Navy.
uscourts.gov
U.S. Customs Service
Public Information Office
1301 Constitution Ave Nw
Washington, Dc 20229
202-566-8195
202-927-6724
customs.ustreas.gov
cbp.gov
Books about criminals and the criminal justice
system go from #362 to #365 generally:
362. Social services to special groups.
363. Other services.
364. Criminology.
365. Prison system.
Books about insurance are at #368.
For legal books about home improvement and
home building, try #643 and #690-699.
Books about inventing are in the #608-609 section and legal books about patents are at #346.73 at your local library or KF3114.6 and T339.M915 in the Library of Congress system.
Nolo.com, mascorpub.com and sphinxlegal.com sell such things as No-fault divorce kits and Prenuptial Agreement kits for about $30 where they provide the paperwork, you fill it out, take it down to the courthouse, pay the processing fee and it’s all done.
Attorney Referral Network
800-624-8846
Computerized service, recommends attorneys in
your area.
Law in General
The American legal system defines itself as necessarily being predictable, flexible, understandable and reasonable.
Common law aka case law is the standard of law that the United States uses. Laws and guidelines are developed based on prior court case decisions and opinions. In legal terms, a court’s decision is called a holding. The spirit of it is that the court should follow prior case rulings, especially ones in superior court. The term they use for this is Stare decisis.
Within case law, there are two types of law:
Substantive laws are the actual rules and regulations that people must follow in society.
Procedural laws state the way these rules and
regulations are administered within the system.
The actual laws themselves are called statutory laws. They could be state or federal laws which have been enacted by government legislatures,
governmental agencies (the civil service) and the courts.
There are many different categories of law. When a lawyer or anyone else does legal research, they look at the laws themselves and the
rulings and case decisions of previous cases regarding these laws. From this, a lawyer or anyone else makes a case in court for what they are currently dealing with.
A legal process generally has nine steps:
Jurisdiction, the case must be filed in the correct court.
Pleadings, the paperwork to start the trial process. The plaintiff files the paperwork, called a complaint or petition either in civil or criminal court alleging that the defendant did some wrong and asking that the court hear the case to do justice.
Discovery phase, each side does their research, gathers informations, finds witnesses then make this information available to the opposing side.
Pretrial Conference, these are not mandatory but quite often, both sides and the judge sit down together and try to set the standards or the main issues of the trial and even try for an out-of-court settlement.
Trial, the trial is the actual proceedings in the court like you see on TV. The location is called the venue. The judge will look the case over and if he feels that the prosecution does not have enough evidence to win the case, he will summarily dismiss it right there before the trial gets underway.
In a jury trial, the judge acts as the interpreter of the law and tells the jury what to do but they and they only are supposed to make the final decision without any prodding by the judge.
The judge or the jury come to a decision which is called a verdict.
Posttrial Motions. If the defendant loses, and they can afford good lawyers, they will try any of a number of schemes to ask for an appeal. An appeal is a two-step deal. You first ask for the right to appeal.
The Appeal. If you get the right to appeal, you make an argument to an appellate court as to why you deserve a new trial in a document called a brief. The other side can do this too in order to counter your argument. The court decides on their own time then render a decision in writing. You either get a new trial or don’t.
The Judgment of the Verdict. The sentence is carried out. In a criminal case, you might go to jail or get probation. In a civil case, you either give the court some money or the sheriff deputies will go to your house and start taking things away in order to pay for the judgment against you.
There are alternative dispute resolution procedures that can be used if both sides agree rather than going through a civil trial. They are more relaxed than a trial but still have a judge of sorts who referees them:
Arbitration.
Mediation.
Another classification of the law is crimes versus torts. Both are wrongs commited against an individual but a crime is considered a wrong against society. It can done with intent or due to negligence.
In contrast, a tort is a private wrong commited against a person or property. Torts operate on a standard of care. They can be intentional or due to negligence as with criminal law. They are administered in civil court only.
The burden of proof is the standard that you use to analyze the evidence. In criminal actions, the of guilt must be determined beyond a
reasonable doubt which means that you must be 100% certain that the defendant did it. in civil cases, the standard is a preponderance of the evidence which means you just have to tip the scales of justice more in one direction than the other. You have to be 51% sure that the defendant is guilty. This is why a guy can get off in criminal court but be convicted in civil court.
There are several different classes of Property:
Real Property, land.
Personal Property, possessions and things not attached to land or a building. This is also called chattel.
Fixture, personal property attached to real property.
Intellectual Property, creative property like songs, scripts, paintings, photographs, books, novels, stories, etc.
Patents, rights to new ideas or inventions, valid for twenty years.
Copyrights, legal protection for writen works, last the life of the author plus fifty years.
Trademarks, a renewable twenty-year right to use a logo or symbol in business.
Lawyers 1
You shall not show partiality toward persons in judgment; but you shall hear the small as well as the great; you shall not be afraid of the face of man; for the judgment is God’s.
Deuteronomy 1:16-17
There was a case of a woman who hired a lawyer to take her deadbeat ex-husband to court for child support. After three years of dragging the case out, she owed more than $60,000 in legal debts.
The lawyer pulled out the night before the trial because she refused to pay and he collected by raiding her retirement fund and bank account.
That's the thing about lawyers. They might help you win in court but when it's all said and done, they're often the only real winners.
In some situations, they're worthwhile and can save you lots of money, in others, you're better off representing yourself. Some public interest legal organizations may be able to help you.
Some law schools have specialties like criminal or family law where they have clinics and offer legal advice for a low fee.
If you decide to hire a lawyer for whatever reason, ask friends or the local bar association (Yellow Pages under Lawyer Retrieval) about
referrals. You could pick one out of the Yellow Pages or call a local law school and ask for a referral.
Most lawyers specialize in only one area so just because a lawyer did a good job for a friend in a divorce proceeding doesn't necessarily mean that he will do a good job with your lawsuit.
You might be able to find a lawyer's background through the Martindale-Hubbell Law Directory at the library.
Broadly speaking, the different types of lawyers
are:
Business.
Consumer.
Criminal.
Estate planning.
Government.
Immigration.
Intellectual property.
Labor.
Marital.
Medical.
Personal injury.
Real estate.
Tax.
The four most common ways lawyers charge fees are:
Flat fee for the specific job.
Retainer, down payment used against the future
fees.
Hourly rate, generally $50 or more.
Contingent fee, the lawyer does everything free
and only collects a percentage of the judgment if you win.
Most lawyers should give you a free initial
consultation.
Don't allow yourself to be intimidated by the legalese mumbo jumbo of the law profession. You're the one doing the hiring, you're in the driver's seat.
You might talk to several lawyers before deciding on one and they, conversely, can decide whether or not to accept your case.
If you're poor, you may qualify for legal assistance. Look in the phone book for a local legal aid society or contact your local social service agency for more information.
Payment is generally flat fee or by the hour. The best is the contingency deal where you pay nothing but the fee comes out of the judgment if
you win. The lawyer may not like this if you're at the wrong end of the lawsuit because it's a gamble to him. Most lawyers want a retainer fee which is essentially some money up front to start working on your case.
Clarify the fee. Many lawyers quote a fee then
tack on all kinds of different expenses like research, typing, paper, etc. Ask for an itemized bill. Many lawyers frown on this but it's your money, you have the right to know how it's being spent and more importantly, you have the right to keep an eye on your lawyer so that he doesn't rip you off.
Always get a receipt when you pay. Ask that he send you copies of all official correspondence regarding your case so that you know there's action and you can keep up with the progress.
Fees are negotiable so you could haggle a bit. If
you're paying by the hour, don't try to become his buddy because he will charge you every time he
talks to you usually in minimum 15 minute blocks even on the phone.
If you're paying by contingency, specify in the contract whether his or her fee (percentage commission) comes before expenses or after. It’s much lower if you take out expenses first.
An increasing trend these days for legal advice is the use of paralegals which could do the job for a third of the cost of a lawyer.
Just like you get second opinions for surgery, get second opinions in legal cases. There was one guy who lost a part of his leg in a construction accident and went to a lawyer who didn't think he had much of a case beyond workmen's compensation.
He forgot about it until about a year later when he casually mentioned it to another lawyer who promptly filed a suit and got him a million bucks. Also, just like doctors, question suspicious looking charges.
Many paralegal services are springing up that can help you with rote legal affairs for a much cheaper price than lawyers.
The New York Bar Association's Client's Bill of Rights is as follows:
When I retain a lawyer, I am entitled to one who:
Will be capable of handling my case.
Will represent me zealously and seek any lawful
means to present or defend my case.
Will keep whatever I reveal in the strictest
confidence.
Will give me the right to make the final decisions
as to the disposition of my case.
Will charge me a reasonable fee and explain to
me, in advance, the basis of that fee.
Will be considerate and courteous at all times.
Will exercise judgments in my interest and not be biased by competing interests.
Will inform me periodically about the status of
the case and, at my request, provide copies of
documents prepared.
Will exhibit a high degree of ethical conduct.
Will refer me to other legal counsel if he or she
cannot adequately represent me.
The five books of The "People Power" Law-Government-Media-Politics Superbook are:
Book 1. Law Guide; Law Job Guide (Legal Knowledge, Most Types of Law, World Law; Law Career, Lawyer, Paralegal, Legal Assistant, Scopist, Legal Research, Court Reporting, Judge, Law Librarian)
Book 2. Government Guide, Government Job Guide (Federal, State, County, Municipal, World Government Websites, Government Selling Stuff, Government Grants, Government Jobs, Canadian Government Info-Jobs)
Book 3. Journalism Career Guide-Media Guide
(Journalist Jobs-Schools, Worldwide List of TV, Radio, Newspapers, Magazines, Etc.)
Book 4. Politics Guide
Book 5. Activist Guide (Why Care About Anything Beyond Yourself? What Really Matters Anyway)
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