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.
Category Archives: General Law
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: 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: 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: 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: Thinking like a lawyer
Thinking like a lawyer requires analyzing situations in the context of laws and deciding whether they do or do not apply to that particular situation. To think like a lawyer requires four main attributes: separating situations into distinct parts, thinking without emotion, using logic, and analyzing situations from different perspectives.
Legal-Ease: Who should I name as my agent or executor?
General powers of attorney typically are regarding finances, and a principal gives powers to an agent. In each power of attorney, one or more specific people are named as the agents. It can be incredibly difficult for people to decide upon who should be their agent, especially when adult children are involved. Hard feelings can certainly come up, and often principals try to identify their agents while keeping this potential friction in mind.
Legal-Ease: How is marijuana use legal and illegal at the same time?
While the Federal Controlled Substances Act prohibits the production, possession and distribution throughout all of the United States of marijuana, some states have reduced or even eliminated state penalties relating to marijuana. When states decrease penalties in this manner, it’s referred to as “decriminalization.” Decriminalization typically means that society officially discourages this act, but that the penalties surrounding it are so small that the discouragement is minimal. “Legalization” removes all penalties surrounding an act, and decriminalization and legalization are different.
Legal-Ease: Two people to call before you call your lawyer
Often when people are facing challenges, they call their lawyer first. Advice and time from attorneys is often expensive, and Lee believes there are two other types of professionals to keep in mind before immediately contacting a lawyer when a situation gets difficult.
Legal-Ease: Dealing with debt
Most people have at least some debts in their life as much of our economy’s spending is based upon borrowed money. Usually our debt is manageable as those who lend us money typically won’t lend us more than we can afford to pay back. However, sometimes sicknesses, job losses and other unforeseen situations put in a financial position that won’t allow us to pay off our debt. So what happens when you can’t pay off your debts?