Regulatory offences: Some offences utilize the machinery of criminal law, but are not truly considered to be criminal offences. These offences deal with everyday civil matters such as traffic infractions, pollution, hunting regulations, and so forth. Besides the supremely important fault requirement (discussed below), there are a number of ways to identify a “regulatory offence” …
Category Archives: Law Musings
On the Hook for Debts of an Estate?
When someone leaves you some cash, land, a turtle, behind in their will, who is on the hook for any outstanding debts? It goes without saying, nowadays there are fewer and fewer people retiring with a mound of cash. Some of our elderly folks need to work well into their seventies, and even then they’ll …
Customary International Law in US litigation under the Alien Tort Claims Act
The Alien Tort Claims Act (ATCA) was originally passed as anti-piracy statute back in the 1800s. However, it came back to prominence in the 1980s. The -act states that if you are a non-US citizen your claim can be heard in a federal court, but your claim has to vis either a violation of treaty …
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Contractors Under Collective Bargaining
Generally, independent contractors are excluded from collective bargaining. It is believed that they are financially independent enough such that they do not require the protection of collective bargaining. Either of the tests above can be applied to determine if an individual is a contractor or an employee.
Dime a Dozen for Attorneys – Do Your Research
There’s an old saying that attorneys are a, “dime a dozen”. With the advent of social media the tools to select the right attorney for the right job, and compare all at the same time, is at your fingertips. That means the following concern should happen less in our digital age. My attorney for 2 …
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Secured Financing Intro
The idea of modernizing finance law has spread around the world. Secured financing is a way to stimulate economic growth and modernize an economy. In theory, capital is not used to develop the community because of the lack of legal infrastructure by which banks can lend capital and can hold an expectation to get it …
The Most Popular Law Searches 2020-2021?
Here’s a fund overview. Over the past year the search terms containing the broad term ‘law’ in the United States have revealed a few interesting shifts. – Given the pandemic year, COVID-19 made a lot of anti-maskers and anti-vaccine conspiracy theorist search the web for legal options. “Anti-mask” law was a exponentially higher search term …
Critique of Customary International Law
The main critiques of Customary International Law are that the two requirements of state practice and opinion juris are too simplistic. There is not enough guidance from scholarship vis what is meant by these two requirements. Customary IL is in the ‘eye of the beholder’. There is no reason for the rule of custom or …
Relationship between Custom and Treaty Law
The basis of the Nicaragua case: what happens when there is the same rule of law in customary law and treaty law. 1. COEXISTENCE The main conclusion from this case is that the two sources of law can continue to co-exist. Just because a norm also exists in treaty law, does not mean that the …
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General vs. Specific Practices
There’s a lot to be said about specific law practices. In fact, there are few ‘general’ practices. Unlike the trades, lawyers typically aren’t ‘Jack of all Trades’. One guy doesn’t specialize in all forms of law. Certainly, there is a general knowledge of other areas, but specialization is very real and something you should pay …