Common Law

Question: Common Law? Im doing an assignment for college and I have to compare a Floida state statue law verses a common law, My topic is rape I found the florida state statue for rape how would I go about finding information for the common law when it comes to rape? Is there a website I can locate this information on?

Answer: To get you started -- rape is not specifically going to be found in common law. Start with assault/battery. A google on "assault battery sexual assault torts" might work.

Question: Common law? OK, if a one member of a partnership JOKINGLY refers to his girlfriend as his wife but she never refers to him as her husband, is that grounds for a common law marriage assuming that they live in a state that allows common law marriage?

Answer: You have to have a combined account and she has to sign her name in his on a legal document like insurance papers and get it notirized. Something like that

Question: common-law?????????????? a friend of mine had a baby with a woman 5 yrs ago and never paid a cent 7 months ago he moved in with her because she threatened to take him to court, he wants to leave and doesnt know what to do im just wondering has he made it worse for himself by moving in with her 7 months ago since they will now be seen as common law

Answer: Common law has very specific limits and is only valid in about 7 states

Question: What is the difference between common law systems and civil law systems? The difference between common law systems and civil law systems seems a little fuzzy to me. The United States is considered to be purely a common law system, but aren't our codified Constitution and the United States Code, in addition to binding judicial precedent, more indicative of a combined common/civil law system? If not, then what exactly sets civil law systems (as in Europe) or combined common/civil systems (as in Louisiana, Quebec, and Scotland) apart from common law systems?

Answer: The term common law is ambiguous. It can be used to describe the entire system or it can be used to refer to the case law within a common law system, to refer to the system as a whole a better term might be the 'adversarial system'. This is what we have in England, the United States, Australia, Hong Kong and South Africa amongst others. The main feature of this system is that there are TWO types of law which are binding (case law and legislation) whereas in the civil system, past cases can be taken into account but they are not binding. Another significant difference is that in civil law countries the judge plays a much more important role in determining proceedings, they form part of the case. The Adversarial system emphasizes the debate between the two parties and the judge merely directs the jury and ensures that etiquette is followed. Also, in a civil system academic articles can be considered whereas in our adversarial system an academic article is essentially useless until it is included in legislation. These are the most significant differences.

Question: How does common law apply to trademarks used on websites intended for nationwide commerce? I understand that common law can protect a trademark in a limited geographical area. The area would be the locality that the business operates in. However, if a trademark is used on an Internet website that was designed to solicit business anywhere, does common law extend to everywhere the website can be viewed?

Answer: Hi, Under Australian law, trademarks are protected exclusively through the operation of the Trade Marks Act, NOT through common law. Common law is only used to interpret the provisions of the Act, but it does not, of itself, protect your trademark. Secondly, a trademark is not protected unless it is properly registered pursuant to the Act. Once it is registered, it is protected ONLY within Australia and only for the various classes you have registered the trademark for. Note that registration protects your mark through ALL of Australia - even if your initial business was localised. However, you might wish to note that you will have NO protection of your trademark in the international sphere - even if it is protected within Australia. You would need to register your mark in every country you want to target in your business (this seems reasonable given that you may wish to expand your business to international Internet clients). However, you may wish to apply some commercial acumen to this - would you bother to register your trademark in Yemen? Zimbabwe? Costa Rica? Would the copying of that mark in these countries really affect your business? Only register in critical markets - presumably the UK, EU and USA. Finally, if you do want to register your mark outside of Australia, you will be given a priority date from the day you first registered in Australia. In this way, your mark outside of Australia will be protected retrospectively (hoping that doesn't confuse you!). Cheers & good luck

Question: Common law marrage between and canadian man and american woman and work? I am Canadian born, and my finance is finishing up school in florida. I proposed during our just before I had to move home to canada. We are planning to move to Toronto together to get ourselves started in July it is Feb right now. What goes into the application for common law marrage and when would my finance be able to work?

Answer: From Canada's immigration site, on sponsoring a common-law partner: "You are a common-law partner—either of the opposite sex or same sex—if: you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.) You will need proof that you and your common-law partner have combined your affairs and set up a household together. This can be in the form of: joint bank accounts or credit cards joint ownership of a home joint residential leases joint rental receipts joint utilities (electricity, gas, telephone) joint management of household expenses proof of joint purchases, especially for household items or mail addressed to either person or both people at the same address. "

Question: What is the primary distinction between common law and civil law legal systems? I need to know what is the difference between common law and civil law legal systems?

Answer: Common law systems like England, or those that follow the English model, rely on a body of case law which forms the basis of a system of judicial precedent. The advantage of this is that not everything needs to be legislated, a judge can make a decision when called upon to make it, and that same rule will be applied in every similar case in future. This has the advantage of actually keeping cases out of court - if you know what the result will be before going to court, there is no need to proceed. The problem is that the system is not very flexible and is slow to respond to the need to change.

Question: In the United States, when did common law and the law of equity merge in administration? According to wikipedia: "Civil law in common law countries usually refers to both common law and the law of equity, which while now merged in administration, have different traditions, and have historically operated to different doctrines, although this dualism is increasingly being set aside so there is one coherent body of law rationalized around common principles of law." If this is indeed true, when did the merge happen (I am guessing in the late 20's or early 30's). Please provide viable source if possible. Thanks.

Answer: It happened in various jurisdictions at different times. In some jurisdictions (e.g., Delaware) the distinction between law and equity still exists. That is why Delaware still has a Court of Chancery. In the federal system, the merger was accomplished by the adoption of the Federal Rules of Civil Procedure in 1938.

Question: How do you become common law married? I was just wondering what the rules where for common law marriage in Colorado? Do you need a divorce? Also how do you become common law married?

Answer: depends on the state in which you live..... only about 7 states recognize common law marriages.

Question: How did the development of juries and common law also promote democracy in england? How did the development of juries and common law also promote democracy in england?

Answer: Juries...trial by ones peers and common law (where similar cases should have similar outcomes) took power away from the king's whim. The weaker the king, the stronger the people.

Question: Can I claim my common law husband as a dependent or exemption? My husband has not made the $12,000 that you have to make in order to get a tax return. We live in Texas and I made more than him this year, there by basically supporting him and our two children. We want to know if I would be able to claim him as anything on my taxes along with our children or if it would be better to keep him out of it? Keep in mind we have a common law marriage if that makes a difference.

Answer: If you have a common law marriage, the rules are the same as any other marriage. A spouse is NEVER a dependent. if you live together, your only two valid options are MFJ or MFS. Single and HOH are not valid options.

Question: what is the difference between a state-registered trademark and a common law trademark? I have the sense that state trademarks are those which are not federally registered )due to lack of use outside of one state most likely) but are registered with the state's secretary of state's office. Common law trademarks seem to be those which are not registered anywhere but gain protection through use. Do I have this right?

Answer: That's exactly right. State trademarks are those marks that are filed with the respective Secretary of States and the trademark rights extend only within that state. Common-Law or first use marks are those that are not registered, be it Federally or Statewide, but may be able to claim first use rights to the mark within their specific geographic trade area. Hope that helps! I wish you much success & happiness in all your ventures!

Question: Which answer best describes the basic principles of the English common law? Basic principles of the English common law? A. -Restricted the powers of the king. -Guaranteed certain rights and liberties to the people. -Established England as a constitutional monarchy. B. -Nobles and church leaders had certain rights that the king could not take away. -The punishment for a freeman or merchant could not take away his means of making a living. -Women could request arrests only if their husbands were murdered. C. -Applied the law equally throughout the land. -Used juries to help make decisions. -Followed laws based on rulings by judges in previous cases.

Answer: C. Common law not only set up the idea of precedent, but decisions were usually made with equity in mind (that is, what is fairest and most equitable in the particular situation)

Question: What would motivate a woman to want to get married to her common-law partner of several years? Is it the longing desire of a soul mate? What if she never believed in marriage and all of a sudden did? What are some of the reasons someone, a woman in particular, would have a change of heart? What if the partner does not want to marry because they had agreed that living under common-law was the best thing to do and they believed that they did not need formal recognition to validate the longevity of their relationship?

Answer: If a living organism stops growing - it is dead. Growth is one of the requirements that must be met in order to clasify an organism as alive and not dead. Relationships work the same way. If your relationship has stopped growing, it has started dying. Women, being much more relationship oriented than men, are aware of this on a primal level without necessarily being able to say it. They feel it even if they dont know the words that go to the feeling. I think she wants to have more. I think she thinks that what she has with you is less than the highest pinnacle of what is possible. I think she wants to make sure your relationship keeps growing and hasn't ... started dying.

Question: Can a common law partner take half your money? Let's just say my parents won the lottary and decided to give me a couple millions (didn't really happen). Can my common law partner leave with half the money even if we had no kids?

Answer: Let's say your parents die and leave you a couple of million. If you are in a community property situation, even actually married, that is your separate property. Partner cannot have it.

Question: If a state statute conflicts with the common law of that state which source of law is more powerful? If a state statute conflicts with the common law of that state which source of law is more powerful? I'm getting conflicting info. from my textbook- one part insinuates that they are EQUAL in power and another part says statutes are more powerful than common law. HELP.

Answer: Statutes always control over common law. Assuming that we are talking at least state level law. It can happen that when a state's courts have used common law on an issue and the state legislature has avoided the area or expressed satisfaction with common law, and a local government creates a conflicting law, that a court will ignore or strike down the locality's law. That might be what led to the insinuation in your textbook, but, of course, without knowing exactly what you read, it is hard to say. This is one of the most significant differences between English law and American. Common law has much more force there. In the US, we have tossed out common law in a large number of areas of law.

Question: What does Common law husband and wife mean? Not legally married? I really need some help to fill out a government application. So How do I know what common law husband means?

Answer: In the state of Texas if a couple holds themselves to be married to the public and if they live with each other as a married couple for at least one year then they are considered married by Common Law. This law descends from English Common Law and was developed in a time when getting married was very hard to do if you were on the frontier or away from society for an extended period. Most states no longer honor the Common Law marriage, because there is no Common Divorce. They do honor the idea of Common Property. Common Property means that each member of the marriage owns all the assets equally, and if divorce forces a division of those resources they must be divided equally. Here are the states that still honor Common Law Marriages: Alabama Colorado District of Columbia Georgia (if created before 1/1/97) Idaho (if created before 1/1/96) Iowa Kansas Montana New Hampshire (for inheritance purposes only) Ohio (if created before 10/10/91) Oklahoma Pennsylvania Rhode Island South Carolina Texas Utah Those states that have a time limit are states that no longer accept new Common Law Marriages. The problem with a Common Law Marriage is that it is so easy for a couple to fall into one. If a couple lives together for over 1 year and they stayed at a hotel where they signed in as Mr. and Mrs. then they can be considered married. Today a Common Law Marriage must fulfill these requirements: ·live together for a significant period of time (not defined in any state) ·hold themselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife," and filing a joint tax return, and ·intend to be married.

Question: Which of the American states fall under Common Law jurisdiction but not Statute law? Seems that the more and more Amercans are forgetting their God given. Ironic for such a God fearing nation. If anyone knows of the whole 'Freeman of the Land' lawful rebellion thing you be wise to spread the word now. In the meantime does anyone know the difference between Common and Statute law? Thanks God given RIGHTS'! Sorry! How could I have missed that!!

Answer: All states have common law. Common law just means that the particular law developed from case law (judge made law). Statutes are enacted by the legislature. They are given the same amount of weight but the legislature can enact a law that will overrule the common law so long as it is constitutional.

Question: Can a visa to Italy be granted for a common-law spouse or do you have to be married for it to be recognized? Example: Cdn coming on a work visa has a recognized common-law spouse in Canada, will that common-law status be honoured by Italian government and a visa granted? In Canada you can legally declare your as having a common law spouse. It gives the same benefits and entitlements, but it's not a church recognized marriage.

Answer: I am sorry I don't understand your question. Visa are not issued to boyfriend or girlfriend but only to wife of husbands.

Question: If I get married as "common law" is there anything different to do when it comes time to legally get married? We are planning on getting married in September but I just got laid off and we are trying to find a way to make it work so that I can be under his insurance in the meantime. We are from Iowa and common law is recognized in Iowa.

Answer: You can't 'get married as common law"....Either you have a common law marriage or you don't. The cost to get married is just a few bucks. There is nothing stopping you from getting married at the court house. Iowa: If you "hold yourself out to be married" (by telling the community you are married, calling each other husband and wife, using the same last name, filing joint income tax returns, etc.), you can have a common law marriage. Also:(1) intent and agreement to be married; (2) continuous cohabitation; and (3) public declarations that the parties are husband and wife. Common law marriage makes you a legally married couple in every way, even though you never obtained a marriage license. If you choose to end your relationship, you must get a divorce, even though you never had a wedding. Legally, common law married couples must play by all the same rules as "regular" married couples.