Legislation regarding marital rights and division of the assets following a divorce varies greatly from state to state. According to Forbes, the greatest determining factor in asset division is whether the couple resides in an equitable distribution or a community property state. Community property states recognize both partners as equal owners of property and assets, whereas equitable distribution states allow divorce settlements based on the histories of the two parties.Know More
According to Cornell University's Legal Information Institute, property falls into two distinct categories: marital and separate. Married spouses share ownership of property acquired during the course of the marriage. Should a spouse enter into a marriage with existing property or assets, those belongings are separate and not necessarily subject to the ruling of a divorce court.
The Association of Divorce Financial Planners also cautions divorcing spouses to pay close attention to hidden assets. Unreported income and property held through a third party are subject to the same division principles as other assets. It is important to discuss the division of any and all property thoroughly before signing settlement paperwork. Furthermore, the Association of Divorce Financial Planners recommends working with a professional to determine whether maintenance payments are necessary by one spouse to preserve the standard of living for both individuals.Learn More
Mapp vs. Ohio established that evidence discovered in violation of the Fourth Amendment cannot be used in a state prosecution. Previously, such seizures were ruled inadmissible in federal cases, but the states interpreted the amendment as not applicable to state-level prosecution. The Supreme Court ruled that the Fourth Amendment rights were incorporated into the Fourteenth Amendment, which guarantees due process of law at both the state and federal levels.Full Answer >
In most states, a person can sue someone else for falsely accusing them, according to The Law Firm of George H. Ramos Jr. In legal terms, falsely accusing someone of a crime is referred to as malicious prosecution.Full Answer >
Bureaucratic discretion is the ability of bureaucrats to use their own judgment to determine the best ways to implement laws. This term is also known as administrative discretion.Full Answer >
A magistrate is appointed by the District court judges and are limited to what cases they can handle; however, a District court judge is appointed by the president and presides over felony trials and sentencing. The magistrate conducts hearings but cannot try or give sentencing on a felony case.Full Answer >