The terms murder, manslaughter and homicide can be confusing, especially since in the state of Ohio the terms used to describe deaths of people caused by others are different from the terms that are used under federal law and other states. Classifications of deaths that are caused by other people are usually organized by the mental state of the person who caused the death as well as the circumstances that surround the death.
Yearly Archives: 2016
Legal-Ease: Statutes of limitation
Statutes of limitation define the length of time after an issue arises that the person who has been damaged can try to recover money or other relief from the person who initially caused the damage. Unless a specific federal law is involved, Ohio law will define the appropriate statute of limitation. Typically the statute of limitations begins when the harm, damage, action or inaction took place. So for example, since the statute of limitations for civil trespass on real estate is four years, someone could sue the alleged trespasser within four years after the trespass took place.
Legal-Ease: CDLs and farmers
A CDL is required to operate many motor vehicles in the state of Ohio. Buses, trucks, semi-tractors, dump tracks and more require that the driver have a CDL. But the requirement to have a CDL excepts farmers in some situations. The way in which the farmer uses the vehicle is what defines whether it would be excepted from Ohio’s CDL requirements. There are five requirements for a farmer in place by the state of Ohio that would except the farmer from the CDL requirement under the farming exception.
Legal-Ease: Was I robbed, or did I ask for it to be taken?
Even when items are relatively easily accessible, if someone takes the items, it’s their responsibility to return them. While it’s smart to secure items and lock them up, it’s not always legally necessary in order to retain the ownership of those items. With personal property, the question is whether the owner of the item “asked” for the item to be taken.
Legal-Ease: In-laws in the will?
A question that often comes up in estate planning is how in-laws should be treated, especially daughters-in-law and sons-in-law. This should be addressed in each individual situation as there’s not an easy answer to the in-law question in estate planning. Some things to consider are whether this is the first marriage for the spouses, how long the couple has been together and if there are kids from previous relationships. Most often people do not include their in-laws in their estate planning as they prefer their family assets to stay within the family.
Legal-Ease: Perfect tender, when a Pepsi is a Coke
In the legal world, the use of a brand name sometimes can include non-brand name substitutes.
In 1921, New York’s top court clarified a law that has been adopted nationwide regarding a brand name being used to describe an entire line of products. In the case, the court ruled that some contracts and agreements should be interpreted practically and not always necessarily literally.
Legal-Ease: Protection against fraudulent transfers
A few days before the attack in Orlando, the terrorist sold his house for a family member for only $10. He apparently knew there would be major financial assertions made against his estate, so he attempted to give away much of his assets. However, this house sale is considered to be a fraudulent transfer.
Legal-Ease: Representing clients accused of bad things
People have a constitutional right to an attorney, and if they can’t afford an attorney, the government will pay for a lawyer for them. Everyone has a right to be defended, and this helps us know that we are only punishing people whom we know to be guilty. Some are criticizing Hillary Clinton for defending a man in 1975 who was accused of raping a 12-year-old girl, but he was provided the right to an attorney as part of the constitution. This guaranteed right to an attorney is an important piece of our society that allows it to function.
Legal-Ease: Extra insurance or LLC? Both
While it may seem logical to get more insurance rather than establishing an LLC, it’s clearly improper once someone understands the true purpose of a limited liability company. Most businesses should have both good liability insurance as well as a complementary business structure to go with the insurance. It’s best to think of an LLC as being insurance beyond traditional insurance. LLCs offer protection in the worst situations when traditional insurance would cover only part or none of the damage.
Legal-Ease: Going through probate
Probate is how the law is set up to make sure that a deceased person’s bills are paid and that their remaining assets go where they were intended to go by the deceased person. When someone dies, it presents an opportunity for someone to either steal or misinterpret their intentions. A way to understand probate is to think of the two people who will represent the deceased after they die. The first person is the probate judge, who could be thought of as the person’s brain. The second person is the executor or administrator, who could be thought of as the arms and legs in actually moving ownership or possession.