Aviation law governs the operation of aircraft and the maintenance of aviation facilities.
Both federal and state governments have enacted statutes and created administrative agencies to regulate air traffic.
Using its constitutional authority to regulate interstate and foreign commerce, Congress may enact laws pertaining to air navigation. There have been several federal enactments along these lines: The first was the 1926 Air Commerce Act which provided, among other things, for the certification and registration of aircraft employed in interstate or foreign commerce. The statute was amended in 1938 by the Civil Aeronautics Act (http://www.archives.gov/research/guide-fed-records/groups/197.html) which created the "Civil Aeronautics Authority," a five member panel with the power to regulate all aspects of aviation within federal jurisdiction. Later, the five-member panel was changed to the "Civil Aeronautics Board" and most of its power was transferred to the Department of Commerce.
Then the Federal Aviation Act (http://www.risingup.com/fars/info/part13-15-FAR.shtml) was passed in 1958 establishing the Federal Aviation Administration (http://www.faa.gov/). There have been several subsequent acts passed by the federal government regulating aviation such as the Airport and Airway Development Act of 1970 (http://www.dotcr.ost.dot.gov/documents/ycr/14cfr152.htm) and the Airline Deregulation Act of 1978 (http://thomas.loc.gov/cgi-bin/bdquery/z?d095:SN02493:@@@LTOM:/bss/d095query.html).
In the wake of the September 11, 2001 terrorist attacks, Congress enacted the Aviation and Transportation Security Act which established a Transportation Security Administration (http://www.tsa.gov/public/) in the Department of Transportation. The TSA now resides in the Department of Homeland Security (http://www.dhs.gov).
The main source for aviation law then is federally based. States are prohibited from regulating rates, routes or services of any air carrier authorized under the Federal Aviation Act to provide interstate air transportation. States are not prohibited, however, from enacting consistent laws, or from altering existing remedies under state law.
Retrieved from "http://www.law.cornell.edu/wex/index.php/Aviation"
Tuesday, November 14, 2006
Bankruptcy: an Overview
Bankruptcy law provides for the development of a plan that allows a debtor, who is unable to pay his creditors, to resolve his debts through the division of his assets among his creditors. This supervised division also allows the interests of all creditors to be treated with some measure of equality. Certain bankruptcy proceedings allow a debtor to stay in business and use revenue generated to resolve his or her debts. An additional purpose of bankruptcy law is to allow certain debtors to free themselves (to be discharged) of the financial obligations they have accumulated, after their assets are distributed, even if their debts have not been paid infull. Bankruptcy law is federal statutory law contained in Title 11 of the United States Code. (http://www.law.cornell.edu/uscode/11/) Congress passed the Bankruptcy Code under its Constitutional grant of authority to "establish. . . uniform laws on the subject of Bankruptcy throughout the United States." See U.S. Constitution Article I, Section 8. (http://www.law.cornell.edu/constitution/constitution.articlei.html#section8) States may not regulate bankruptcy though they may pass laws that govern other aspects of the debtor-creditor relationship. See Debtor-Creditor (http://www.law.cornell.edu/ topics/debtor_creditor.html). A number of sections of Title 11 incorporate the debtor-creditor law of the individual states.
Bankruptcy proceedings are supervised by and litigated in the United States Bankruptcy Courts (http://www.uscourts.gov/bankruptcycourts.html). These courts are a part of the District Courts of The United States. The United States Trustees (http://www.usdoj.gov/ust/) were established by Congress to handle many of the supervisory and administrative duties of bankruptcy proceedings. Proceedings in bankruptcy courts are governed by the Bankruptcy Rules which were promulgated by the Supreme Court under the authority of Congress.
There are two basic types of Bankruptcy proceedings. A filing under Chapter 7 (http://www.law.cornell.edu/uscode/11/ch7.html) is called liquidation. It is the most common type of bankruptcy proceeding. Liquidation involves the appointment of a trustee who collects the non-exempt property of the debtor, sells it and distributes the proceeds to the creditors. Bankruptcy proceedings under Chapters 11 (http://www.law.cornell.edu/ uscode/11/ch11.html), 12 (http://www.law.cornell.edu/ uscode/11/ch12.html), and 13 (http://www.law.cornell.edu/ uscode/11/ch13.html) involve the rehabilitation of the debtor to allow him or her to use future earnings to pay off creditors. Under Chapter 7, 12, 13, and some 11 proceedings, a trustee is appointed to supervise the assets of the debtor. A bankruptcy proceeding can either be entered into voluntarily by a debtor or initiated by creditors. After a bankruptcy proceeding is filed, creditors, for the most part, may not seek to collect their debts outside of the proceeding. The debtor is not allowed to transfer property that has been declared part of the estate subject to proceedings. Furthermore, certain pre-proceeding transfers of property, secured interests, and liens may be delayed or invalidated. Various provisions of the Bankruptcy Code also establish the priority of creditors' interests.
However, a recent decision by the Supreme Court has shifted this power towards the debtor. In Rousey v. Jacoway (http://www.law.cornell.edu/ supct/html/03-1407.ZS.html), (April 4th, 2005), the Court held that assets in Individual Retirement Accounts (IRA’s) (http://www.investopedia.com/ terms/i/ira.asp) are protected under 11 U.S.C 522(d) and thus exempt from withdrawal from the bankruptcy estate. This decision has broad implications for the baby-boomer generation, providing millions of Americans nearing retirement with increased protection of their earnings.
Recent passage of the Bankruptcy Prevention and Consumer Protection Act (http://thomas.loc.gov/cgi-bin/bdquery/ z?d109:SN00256:TOM:/bss/d109query.html) in April 2005 has also resulted in major reforms in bankrupcy law, outlining revised guidelines governing the dismissal or conversion of Chapter 7 liquidations to Chapter 11 or 13 proceedings. The law also expands the responsibilities of the United States Trustees Program to include supervision of random and targeted audits, certification of entities to provide credit counseling that individuals must receive before filing for bankruptcy, certification of entities that provide financial education to individuals before being discharged from debt, and greater oversight of small business Chapter 11 reorganization cases.
Copyright ? 2006 Cornell Law School. All rights reserved
Bankruptcy proceedings are supervised by and litigated in the United States Bankruptcy Courts (http://www.uscourts.gov/bankruptcycourts.html). These courts are a part of the District Courts of The United States. The United States Trustees (http://www.usdoj.gov/ust/) were established by Congress to handle many of the supervisory and administrative duties of bankruptcy proceedings. Proceedings in bankruptcy courts are governed by the Bankruptcy Rules which were promulgated by the Supreme Court under the authority of Congress.
There are two basic types of Bankruptcy proceedings. A filing under Chapter 7 (http://www.law.cornell.edu/uscode/11/ch7.html) is called liquidation. It is the most common type of bankruptcy proceeding. Liquidation involves the appointment of a trustee who collects the non-exempt property of the debtor, sells it and distributes the proceeds to the creditors. Bankruptcy proceedings under Chapters 11 (http://www.law.cornell.edu/ uscode/11/ch11.html), 12 (http://www.law.cornell.edu/ uscode/11/ch12.html), and 13 (http://www.law.cornell.edu/ uscode/11/ch13.html) involve the rehabilitation of the debtor to allow him or her to use future earnings to pay off creditors. Under Chapter 7, 12, 13, and some 11 proceedings, a trustee is appointed to supervise the assets of the debtor. A bankruptcy proceeding can either be entered into voluntarily by a debtor or initiated by creditors. After a bankruptcy proceeding is filed, creditors, for the most part, may not seek to collect their debts outside of the proceeding. The debtor is not allowed to transfer property that has been declared part of the estate subject to proceedings. Furthermore, certain pre-proceeding transfers of property, secured interests, and liens may be delayed or invalidated. Various provisions of the Bankruptcy Code also establish the priority of creditors' interests.
However, a recent decision by the Supreme Court has shifted this power towards the debtor. In Rousey v. Jacoway (http://www.law.cornell.edu/ supct/html/03-1407.ZS.html), (April 4th, 2005), the Court held that assets in Individual Retirement Accounts (IRA’s) (http://www.investopedia.com/ terms/i/ira.asp) are protected under 11 U.S.C 522(d) and thus exempt from withdrawal from the bankruptcy estate. This decision has broad implications for the baby-boomer generation, providing millions of Americans nearing retirement with increased protection of their earnings.
Recent passage of the Bankruptcy Prevention and Consumer Protection Act (http://thomas.loc.gov/cgi-bin/bdquery/ z?d109:SN00256:TOM:/bss/d109query.html) in April 2005 has also resulted in major reforms in bankrupcy law, outlining revised guidelines governing the dismissal or conversion of Chapter 7 liquidations to Chapter 11 or 13 proceedings. The law also expands the responsibilities of the United States Trustees Program to include supervision of random and targeted audits, certification of entities to provide credit counseling that individuals must receive before filing for bankruptcy, certification of entities that provide financial education to individuals before being discharged from debt, and greater oversight of small business Chapter 11 reorganization cases.
Copyright ? 2006 Cornell Law School. All rights reserved
CRIMINAL DEFENSE ATTORNEY
Criminal Defense Law:
Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal defense case, the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.
A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal defense laws vary significantly from state to state. There is, however, a Model Penal Code (MPC) which serves as a good starting place to gain an understanding of the basic structure of criminal liability.
Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (less serious offenses -- like petty theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law. Recently, the list of Federal crimes, dealing with activities extending beyond state boundaries or having special impact on federal operations, has grown. See Title 18.
All statutes describing criminal behavior can be broken down into their various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or "actus reus," and a mental state, or "mens rea". Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge "beyond a reasonable doubt" of every fact necessary to constitute the crime charged. In civil cases, the plaintiff needs to show a defendant is liable only by a "preponderance of the evidence," or more than 50%.
Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal defense case, the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.
A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal defense laws vary significantly from state to state. There is, however, a Model Penal Code (MPC) which serves as a good starting place to gain an understanding of the basic structure of criminal liability.
Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (less serious offenses -- like petty theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law. Recently, the list of Federal crimes, dealing with activities extending beyond state boundaries or having special impact on federal operations, has grown. See Title 18.
All statutes describing criminal behavior can be broken down into their various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or "actus reus," and a mental state, or "mens rea". Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge "beyond a reasonable doubt" of every fact necessary to constitute the crime charged. In civil cases, the plaintiff needs to show a defendant is liable only by a "preponderance of the evidence," or more than 50%.
FAMILY
Adoption law is largely state law. The parent-child relationship established by adoption, however, may have direct consequences in areas of Federal law affected by family status such as Social Security. All 50 states have statutes governing adoption as defined under the Uniform Adoption Act (http://www.law.cornell.edu/uniform/vol9.html#adopt). The code defines the process by which a legal parent-child relationship is created between individuals without biological relation. In some states, doctrines of "equitable adoption" allow courts to recognize adoptions when not all statutory procedures have been carried out. Divorce Law.There are two types of divorce-- absolute and limited. An absolute divorce, (also called a "divorce a vinculo matrimonii" is a judicial termination of a marriage based on marital misconduct or other statutory cause arising after the marriage ceremony. As a result of an absolute divorce both parties' status becomes single again. Several jurisdictions' statutes authorize limited divorces, or "divorce a mensa et thoro." The consequences of limited divorces vary from state to state. Typically, a limited divorce is commonly referred to as a separation decree; the right to cohabitation is terminated but the marriage is undissolved and the status of the parties is not altered.
Many states have enacted what is called no-fault divorce statutes. This is a response to outdated common law divorce which required proof in a court of law by the divorcing party that the divorcee had done one of several enumerated things as sufficient grounds for the divorce. This entailed proving that the spouse had committed adultery, or some other unsavory act. No-fault divorce eliminates this potentially embarrassing and undesirable requirement by providing for the dissolution of a marriage on a finding that the relationship is no longer viable. It is hard to tell whether no-fault divorce statutes are the cause or an effect of the rising national divorce rate in America. Look to various state laws (http://www.law.cornell.edu/topics/Table_Divorce.htm) for divorce law information.
Child Custody
In the case of divorce, generally, the court having jurisdiction of the divorce proceedings also determines who shall have custody of children from the marriage. (The authority to do so is considered part of the original jurisdiction of the court, and not as a new authority being conferred upon them.) Under the common statutory provision, the parents of a child born within a marriage are joint guardians of that child and the rights of both parents are equal--each parent has an equal right to the custody of the child when they separate. Like other aspects of family law, most law in this field is state rather than federal.
Copyright ? 2006 Cornell Law School, All rights reserved.
Many states have enacted what is called no-fault divorce statutes. This is a response to outdated common law divorce which required proof in a court of law by the divorcing party that the divorcee had done one of several enumerated things as sufficient grounds for the divorce. This entailed proving that the spouse had committed adultery, or some other unsavory act. No-fault divorce eliminates this potentially embarrassing and undesirable requirement by providing for the dissolution of a marriage on a finding that the relationship is no longer viable. It is hard to tell whether no-fault divorce statutes are the cause or an effect of the rising national divorce rate in America. Look to various state laws (http://www.law.cornell.edu/topics/Table_Divorce.htm) for divorce law information.
Child Custody
In the case of divorce, generally, the court having jurisdiction of the divorce proceedings also determines who shall have custody of children from the marriage. (The authority to do so is considered part of the original jurisdiction of the court, and not as a new authority being conferred upon them.) Under the common statutory provision, the parents of a child born within a marriage are joint guardians of that child and the rights of both parents are equal--each parent has an equal right to the custody of the child when they separate. Like other aspects of family law, most law in this field is state rather than federal.
Copyright ? 2006 Cornell Law School, All rights reserved.
Employment law: an overview
Employment law is a broad area encompassing all areas of the employer/employee relationship except the negotiation process covered by labor law and collective bargaining. See, Labor Law & Collective Bargaining and Arbitration. Employment law consists of thousands of Federal and state statutes, administrative regulations, and judicial decisions. Many employment laws (e.g., minimum wage regulations) were enacted as protective labor legislation. Other employment laws take the form of public insurance, such as unemployment compensation.
OverviewEmployment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. There is also a growing body of law preventing or occasionally justifying employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment. The main body of employment discrimination laws is composed of federal and state statutes. The United States Constitution and some state constitutions provide additional protection where the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer.
The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate. The Fifth amendment has an explicit requirement that the federal government not deprive individuals of "life, liberty, or property," without due process of the law. See U.S. Const. amend. V. It also contains an implicit guarantee that each person receive equal protection of the laws. The Fourteenth Amendment explicitly prohibits states from violating an individual's rights of due process and equal protection. See U.S. Const. amend. XIV. In the employment context the right of equal protection limits the power of the state and federal governments to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group (such as a race or sex). Due process protection requires that employees have a fair procedural process before they are terminated if the termination is related to a "liberty" (such as the right to free speech) or property interest. State constitutions may also afford protection from employment discrimination.
Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state statutes.
Collective bargaining Employment discrimination Unemployment compensation Pensions Workplace safety Worker's compensation Retrieved from "http://www.law.cornell.edu/wex/index.php/Employment"
OverviewEmployment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. There is also a growing body of law preventing or occasionally justifying employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment. The main body of employment discrimination laws is composed of federal and state statutes. The United States Constitution and some state constitutions provide additional protection where the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer.
The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate. The Fifth amendment has an explicit requirement that the federal government not deprive individuals of "life, liberty, or property," without due process of the law. See U.S. Const. amend. V. It also contains an implicit guarantee that each person receive equal protection of the laws. The Fourteenth Amendment explicitly prohibits states from violating an individual's rights of due process and equal protection. See U.S. Const. amend. XIV. In the employment context the right of equal protection limits the power of the state and federal governments to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group (such as a race or sex). Due process protection requires that employees have a fair procedural process before they are terminated if the termination is related to a "liberty" (such as the right to free speech) or property interest. State constitutions may also afford protection from employment discrimination.
Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state statutes.
Collective bargaining Employment discrimination Unemployment compensation Pensions Workplace safety Worker's compensation Retrieved from "http://www.law.cornell.edu/wex/index.php/Employment"
Insurance Law
insurance law: In the absence of insurance, three possible individuals bear the burden of an economic loss; the individual suffering the loss; the individual causing the loss via negligence or unlawful conduct; or lastly, a particular party who has been allocated the burden by the legislature, such as employers under Workmen's Compensation statutes.
While types of insurance vary widely, their primary goal is to allocate the risks of a loss from the individual to a great number of people. Each individual pays a "premium" into a pool, from which losses are paid out. Regardless of whether the particular individual suffers the loss or not the premium is not returnable. Thus, when a building burns down, the loss is spread to the people contributing to the pool. In general, insurance companies are the safekeepers of the premiums. Because of its importance in maintaining economic stability, the government and the courts use a heavy hand in ensuring these companies are regulated and fair to the consumer.
Up until 1944, insurance was not considered "commerce" and not subject to federal regulation. But in United States v. South-Eastern Underwriters Association, the Supreme Court held that Congress could regulate insurance transactions that were truly interstate. Congress then enacted the McCarran-Ferguson Act (15 U.S.C. 1011) which provided that the laws of the several states should control the insurance business, but that the Sherman Act, the [[USC:15:12Clayton Act], and the Federal Trade Commission Act were applicable to the insurance business to the extent that it was unregulated by state law.
The McCarran-Ferguson Act, broadly speaking, gives states the power to regulate the insurance industry. While state insurance statutes override most federal laws, some portions of federal law (like federal tax laws) are always commanding. Therefore, when researching whether a particular law governs, a good rule of thumb is to ask whether the inquiry is related to the "business of insurance" (where state law governs), or whether it is related to peripherals of the industry (labor, tax, securities - where federal law governs).
While types of insurance vary widely, their primary goal is to allocate the risks of a loss from the individual to a great number of people. Each individual pays a "premium" into a pool, from which losses are paid out. Regardless of whether the particular individual suffers the loss or not the premium is not returnable. Thus, when a building burns down, the loss is spread to the people contributing to the pool. In general, insurance companies are the safekeepers of the premiums. Because of its importance in maintaining economic stability, the government and the courts use a heavy hand in ensuring these companies are regulated and fair to the consumer.
Up until 1944, insurance was not considered "commerce" and not subject to federal regulation. But in United States v. South-Eastern Underwriters Association, the Supreme Court held that Congress could regulate insurance transactions that were truly interstate. Congress then enacted the McCarran-Ferguson Act (15 U.S.C. 1011) which provided that the laws of the several states should control the insurance business, but that the Sherman Act, the [[USC:15:12Clayton Act], and the Federal Trade Commission Act were applicable to the insurance business to the extent that it was unregulated by state law.
The McCarran-Ferguson Act, broadly speaking, gives states the power to regulate the insurance industry. While state insurance statutes override most federal laws, some portions of federal law (like federal tax laws) are always commanding. Therefore, when researching whether a particular law governs, a good rule of thumb is to ask whether the inquiry is related to the "business of insurance" (where state law governs), or whether it is related to peripherals of the industry (labor, tax, securities - where federal law governs).
Real Estate Transactions: an Overview
Real estate transactions are governed by a wide body of federal statutes and state statutory and common law. The requirements established by state law often differ significantly from one state to the next.
Real estate brokers are employed as the agent of the seller in order to obtain a buyer for their property.
The contract between the broker and seller is called a listing agreement. The agreement may be an open agreement whereby the broker earns a commission only if he or she finds a buyer. A listing is exclusive if the broker is the only agent entitled to a commission for finding a buyer. Under an exclusive arrangement a broker may be entitled to a payment even if the seller finds the buyer without the brokers aid. Real estate brokers and salesperson are licensed and regulated by local state laws. See, e.g., California Civil Code 2079 (http://caselaw.lp.findlaw.com/cacodes/civ/2079-2079.24.html). Professional organizations may also provide further guidelines.
The Federal Fair Housing Act prohibits discrimination in real estate transactions on account of race, color, religion, sex,or national origin. See 42 U.S.C. 3601-3631. Real estate brokers are specifically prohibited from discriminating by the act. See 3606 of the act.
The agreement to sell between a buyer and seller of real estate is governed by the general principles of contract law. See Contracts. The Statute of Frauds requires that contracts for real property be in writing. See, e.g., California Civil Code 1624. (http://www.lectlaw.com/files/bul15.htm)
It is commonly required in real estate contracts that the title to the property sold be marketable. This requires that the seller have proof of title to all the property he or she is selling and that third parties not have undisclosed interests in the title. See Real property.
A title insurance company or an attorney is often employed by the buyer to investigate whether the title is, indeed, marketable. Title insurance companies also insure the buyer against losses caused by the title being invalid.
In order to pass title, a deed with a proper description of the land must be executed and delivered. Some states require that the deed be officially recorded to establish ownership of the property and/or provide notice of its transfer to subsequent purchasers.
Retrieved from "http://www.law.cornell.edu/wex/index.php/Real_estate_transactions"
Real estate brokers are employed as the agent of the seller in order to obtain a buyer for their property.
The contract between the broker and seller is called a listing agreement. The agreement may be an open agreement whereby the broker earns a commission only if he or she finds a buyer. A listing is exclusive if the broker is the only agent entitled to a commission for finding a buyer. Under an exclusive arrangement a broker may be entitled to a payment even if the seller finds the buyer without the brokers aid. Real estate brokers and salesperson are licensed and regulated by local state laws. See, e.g., California Civil Code 2079 (http://caselaw.lp.findlaw.com/cacodes/civ/2079-2079.24.html). Professional organizations may also provide further guidelines.
The Federal Fair Housing Act prohibits discrimination in real estate transactions on account of race, color, religion, sex,or national origin. See 42 U.S.C. 3601-3631. Real estate brokers are specifically prohibited from discriminating by the act. See 3606 of the act.
The agreement to sell between a buyer and seller of real estate is governed by the general principles of contract law. See Contracts. The Statute of Frauds requires that contracts for real property be in writing. See, e.g., California Civil Code 1624. (http://www.lectlaw.com/files/bul15.htm)
It is commonly required in real estate contracts that the title to the property sold be marketable. This requires that the seller have proof of title to all the property he or she is selling and that third parties not have undisclosed interests in the title. See Real property.
A title insurance company or an attorney is often employed by the buyer to investigate whether the title is, indeed, marketable. Title insurance companies also insure the buyer against losses caused by the title being invalid.
In order to pass title, a deed with a proper description of the land must be executed and delivered. Some states require that the deed be officially recorded to establish ownership of the property and/or provide notice of its transfer to subsequent purchasers.
Retrieved from "http://www.law.cornell.edu/wex/index.php/Real_estate_transactions"
IMMIGRATION ATTORNEY
Immigration Law.
Federal immigration law determines whether a person is an alien, and associated legal rights, duties, and obligations of aliens in the United States. It also provides means by which certain aliens can become naturalized citizens with full rights of citizenship. Immigration lawer serves as a gatekeeper for the nation's border: it determines who may enter, how long they may stay and when they must leave.
The United States has a long history of immigration laws. The Immigration and Nationality Act of 1952 (INA) (http://uscis.gov/lpBin/ lpext.dll/insertsslb/slb-1/slb-22?f=templates&fn=document- frame.htm) with some major, and many minor, changes continues to be the basic immigration law of the country. The most significant ammendment to the INA was in 1965 which abolished the natural origin provisions, and established a new quota system.
For INA purposes, an "alien" is any person who is not a citizen or a national of the United States. There are different categories of aliens: resident and nonresident, immigrant and nonimmigrant, documented and undocumented ("illegal" ).
States have limited legislative authority regarding immigration, and 28 U.S.C. 1251 details the full extent of state jurisdiction. Generally, 28 U.S.C. 994 details the federal sentencing guidelines for illegal entry into the country.
Congress has total and complete authority over immigration. Power of the President is limited to policies on refugees. Unless the issue concerns the rights of aliens to constitutional protections the courts have rarely intruded.
The need to stem illegal immigration prompted Congress to enact the Immigration Reform and Control Act (IRCA) (http://www.usda.gov/oce/oce/labor-affairs/ircasumm.htm) of 1986. The IRCA toughened criminal sanctions for employers who hire illegal aliens, denied illegal aliens federally funded welfare benefits, and legitimized some aliens through an amnesty program. The Immigration Marriage Fraud Amendments (http://thomas.loc.gov/cgi-bin/bdquery/z?d099:HR03737:TOM:/bss/d099query.html) of 1986 sought to limit the practice of marrying to obtain citizenship. The Immigration Act (http://www.law.cornell.edu/usc-cgi/get_external.cgi?type=pubL&target=101-649) of 1990 thoroughly revamped the INA making allocation of visas more even among foreign nations, eliminating archaic rules, and increasing the level of worldwide immigration.
The goals in immigration policies are achieved by granting or denying visas. There are two types of visas: immigrant and nonimmigrant. Nonimmigrant visas are primarily issued to tourists and temporary business visitors. Nonimmigrant visas are divided into eighteen main categories, and the number of visas in most categories are not limited. Only a few categories of non-immigrant visas allow their holders work in the United States. Immigrant visas permit their holders to stay in the United States permanently and ultimately to apply for citizenship. An alien who has an immigrant visa is permitted to work in the United States. Congress limits the overall number of immigrant visas, which was 675,000 in 1995. Many immigrant visas are also subject to per-country caps.
Copyright ? 2006 Cornell Law School. All rights reserved
Federal immigration law determines whether a person is an alien, and associated legal rights, duties, and obligations of aliens in the United States. It also provides means by which certain aliens can become naturalized citizens with full rights of citizenship. Immigration lawer serves as a gatekeeper for the nation's border: it determines who may enter, how long they may stay and when they must leave.
The United States has a long history of immigration laws. The Immigration and Nationality Act of 1952 (INA) (http://uscis.gov/lpBin/ lpext.dll/insertsslb/slb-1/slb-22?f=templates&fn=document- frame.htm) with some major, and many minor, changes continues to be the basic immigration law of the country. The most significant ammendment to the INA was in 1965 which abolished the natural origin provisions, and established a new quota system.
For INA purposes, an "alien" is any person who is not a citizen or a national of the United States. There are different categories of aliens: resident and nonresident, immigrant and nonimmigrant, documented and undocumented ("illegal" ).
States have limited legislative authority regarding immigration, and 28 U.S.C. 1251 details the full extent of state jurisdiction. Generally, 28 U.S.C. 994 details the federal sentencing guidelines for illegal entry into the country.
Congress has total and complete authority over immigration. Power of the President is limited to policies on refugees. Unless the issue concerns the rights of aliens to constitutional protections the courts have rarely intruded.
The need to stem illegal immigration prompted Congress to enact the Immigration Reform and Control Act (IRCA) (http://www.usda.gov/oce/oce/labor-affairs/ircasumm.htm) of 1986. The IRCA toughened criminal sanctions for employers who hire illegal aliens, denied illegal aliens federally funded welfare benefits, and legitimized some aliens through an amnesty program. The Immigration Marriage Fraud Amendments (http://thomas.loc.gov/cgi-bin/bdquery/z?d099:HR03737:TOM:/bss/d099query.html) of 1986 sought to limit the practice of marrying to obtain citizenship. The Immigration Act (http://www.law.cornell.edu/usc-cgi/get_external.cgi?type=pubL&target=101-649) of 1990 thoroughly revamped the INA making allocation of visas more even among foreign nations, eliminating archaic rules, and increasing the level of worldwide immigration.
The goals in immigration policies are achieved by granting or denying visas. There are two types of visas: immigrant and nonimmigrant. Nonimmigrant visas are primarily issued to tourists and temporary business visitors. Nonimmigrant visas are divided into eighteen main categories, and the number of visas in most categories are not limited. Only a few categories of non-immigrant visas allow their holders work in the United States. Immigrant visas permit their holders to stay in the United States permanently and ultimately to apply for citizenship. An alien who has an immigrant visa is permitted to work in the United States. Congress limits the overall number of immigrant visas, which was 675,000 in 1995. Many immigrant visas are also subject to per-country caps.
Copyright ? 2006 Cornell Law School. All rights reserved
Estates and Trusts: an Overview
During the early 1500's in England landowners found it advantageous to convey the legal title of their land to third parties while retaining the benefits of ownership. Because they were not the real "owners" of the land, and wealth was primarily measured by the amount of land owned, they were immune from creditors and may have absolved themselves of some feudal obligations. While feudal concerns no longer exist and wealth is held in many forms other than land (i.e., stocks, bonds, bank accounts), the idea of placing property in third party hands for the benefit of another. This is the idea of a trust which has survived and prospered.
Generally, a trust is a right in property (real or personal) which is held in a fiduciary relationship by one party for the benefit of another. The trustee is the one who holds title to the trust property, and the beneficiary is the person who receives the benefits of the trust. To understand the laws governing trusts a good starting point is the Restatement (2nd) of Trusts.
Many trusts are created as an alternative to or in conjunction with a will and other elements of estate planning. State law establishes the framework for determining the validity and limits for both.
has shaped state law in this field. It includes provisions dealing with affairs and estates of the deceased and laws dealing with specified non testamentary transfers, like trusts and their administration. The theory behind the Code is that wills and trusts are in close relationship and thus in need of unification. Since its creation, over thirty percent of states have adopted the Code substantially in whole.
Since many individuals neither set up trusts nor execute wills, state intestate succesion laws are an important complement to trust and estate law. They determine where an individual's assets go upon death in the absence of a will.
Estate Planning.An estate is the total property, real and personal, owned by an individual prior to distribution through a trust or will. Real property is real estate and personal property includes everything else, for example cars, household items, and bank accounts. Estate planning distributes the real and personal property to an individual's heirs.
Estate planning is the process by which an individual or family arranges the transfer of assets in anticipation of death. An estate plan aims to preserve the maximum amount of wealth possible for the intended beneficiaries and flexibility for the individual prior to death. A major concern for drafters of estate plans is federal and state tax law.
Wills and trusts are common ways in which individuals dispose of their wealth. (See Estates and Trusts) trusts, unlike wills, have the benefit of avoiding probate, a lengthy and costly legal process that oversees the transfer of assets. Sometimes, though, it will be useful to make inter vivos gifts (gifts made while the donor is alive) in order to minimize taxes. The Federal Gift Tax (http://www.law.cornell.edu/uscode/html/uscode26/ usc_sup_01_26_10_B.html) exempts certain levels of lifetime gifts. (See Estate Tax
Internal Revenue Service (http://www.irs.ustreas.gov/) Internet Law Library - Trusts and Estates (http://www.priweb.com/internetlawlib/112.HTM) National Association of Financial and Estate Planning (http://www.nafep.com/public%20info/public-info_e-p-info_tools.htm) Retrieved from "http://www.law.cornell.edu/wex/index.php/Estates_and_trusts"
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Generally, a trust is a right in property (real or personal) which is held in a fiduciary relationship by one party for the benefit of another. The trustee is the one who holds title to the trust property, and the beneficiary is the person who receives the benefits of the trust. To understand the laws governing trusts a good starting point is the Restatement (2nd) of Trusts.
Many trusts are created as an alternative to or in conjunction with a will and other elements of estate planning. State law establishes the framework for determining the validity and limits for both.
has shaped state law in this field. It includes provisions dealing with affairs and estates of the deceased and laws dealing with specified non testamentary transfers, like trusts and their administration. The theory behind the Code is that wills and trusts are in close relationship and thus in need of unification. Since its creation, over thirty percent of states have adopted the Code substantially in whole.
Since many individuals neither set up trusts nor execute wills, state intestate succesion laws are an important complement to trust and estate law. They determine where an individual's assets go upon death in the absence of a will.
Estate Planning.An estate is the total property, real and personal, owned by an individual prior to distribution through a trust or will. Real property is real estate and personal property includes everything else, for example cars, household items, and bank accounts. Estate planning distributes the real and personal property to an individual's heirs.
Estate planning is the process by which an individual or family arranges the transfer of assets in anticipation of death. An estate plan aims to preserve the maximum amount of wealth possible for the intended beneficiaries and flexibility for the individual prior to death. A major concern for drafters of estate plans is federal and state tax law.
Wills and trusts are common ways in which individuals dispose of their wealth. (See Estates and Trusts) trusts, unlike wills, have the benefit of avoiding probate, a lengthy and costly legal process that oversees the transfer of assets. Sometimes, though, it will be useful to make inter vivos gifts (gifts made while the donor is alive) in order to minimize taxes. The Federal Gift Tax (http://www.law.cornell.edu/uscode/html/uscode26/ usc_sup_01_26_10_B.html) exempts certain levels of lifetime gifts. (See Estate Tax
Internal Revenue Service (http://www.irs.ustreas.gov/) Internet Law Library - Trusts and Estates (http://www.priweb.com/internetlawlib/112.HTM) National Association of Financial and Estate Planning (http://www.nafep.com/public%20info/public-info_e-p-info_tools.htm) Retrieved from "http://www.law.cornell.edu/wex/index.php/Estates_and_trusts"
News & Events - AMD and Intel antitrust battle moves forward.. more
- Ruling may undercut Google in book scan fight.. more Addional Menu Our Newsletter E-mail
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