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Ethics Legal Ethics
A code of conduct, also known as the Code of Professional Responsibility, imposed on attorneys. Violations may subject the attorney to disciplinary proceedings and malpractice claims. See Cannons of (Legal) Ethics.
Question: I want to add my spouse to the deed on my house so we can get equity loan in both names.? First mortgage is in my name only. Are there any free forms on-line that can be used? I know whatever there is would have to be filed with Court Clerk. Also - any downside to doing this that you know of?
Answer: The title company should have the paperwork...when you go to get the equity loan from the mortgage company, they should order title work and they handle all of it.
Question: UK: Is sharing net equity 50/50 upon marriage breakdown? What factors would increase the % towards say my ex wife?
I understand that the highest a court will award is 70/30, is that right?
Also do I have a claim on half the contents of my former home?
Answer: The UK courts when dealing with Ancilliary Relief begin on a 50:50 premise unless:
1. There are children, in which case the parent with principal care gets a higher share;
2. One or other spouse was independently wealthy when the marriage began and the amrriage did not add significantly to that wealth;
3. One or other spouse has needs which make an inequitable distribution fairer (disability or care needs)
4. one or other spouse has assets in a trust fund, for example, which is gifted to him/her alone.
If the home is sold, yes you do (unless it as all bought by your wife)
Question: Does the gold fringed flag in courts represent federal maritime admiralty jurisdiction? I've read there are 3 types of law. Constitutional or Common law, equity law, and federal maritime admiralty or statutory law? Which jurisdiction is it when i go to court? Has the flag always had a gold fringe? Thanks
Answer: The gold fringe is merely decorative. The assertion of admiralty jurisdiction came from an episode of King of the Hill. You should not rely on Dale Gribble for legal advice.
The following is from the website USFlag.org:
The quote below concerning gold fringe on the Flag is from the book "So Proudly We Hail, The History of the United States Flag" Smithsonian Institute Press 1981, by Wiliam R. Furlong and Byron McCandless. "The placing of a fringe on Our Flag is optional with the person of organization, and no Act of Congress or Executive Order either prohibits the practice, according to the Institute of Hearaldry. Fringe is used on indoor flags only, as fringe on flags on outdoor flags would deteriorate rapidly. The fringe on a Flag is considered and 'honorable enrichment only', and its official use by the US Army dates from 1895.. A 1925 Attorney General's Opinion states: 'the fringe does not appear to be regarded as an integral part of the Flag, and its presence cannot be said to constitute an unauthorized addition to the design prescribed by statute. An external fringe is to be distinguished from letters, words, or emblematic designs printed or superimposed upon the body of the flag itself. Under law, such additions might be open to objection as unauthorized; but the same is not necessarily true of the fringe.'"
The gold trim is generally used on ceremonial indoor flags that are used for special services and is believed to have been first used in a military setting. It has no specific significance that I have ever run across, and its (gold trim) use is in compliance with applicable flag codes and laws.
Question: Do I have to pay my share of the house's negative equity from the date of an appraisal? I am not on the mortgage but on the deeds. Married only 5 years. I moved out nearly a year ago and paid nothing towards the house. Now we are divorcing. My wife wants an appraisal of the house so I have to pay half the negative equity to have my name removed from the deeds. I could owe $20,000. (which is more than all my saving! Gulp!). She is not selling the house. So, I was wondering. Can I just wait until she sells, to then pay her whatever I owe? If the house price goes positive she can have all of it. I will pay only if it is lower. I feel that is a fair deal as I haven't paid anything for the last year. Can I be forced to pay by the courts? How long can I be on the deeds after we divorce?
Answer: There is no need to pay anything unless and until the place is sold.
Question: Question for the British:What are Kangaroo courts? Recently a British Court delayed the release of four Pakistani students who were blamed by British Premier Gordon Brown to be terrorists. But British police found, after grilling them for 10 days that they are innocent. Yet a British Court gave a long date, throwing their release in to abeyance.
Is it not justifiable to call such courts kangaroo courts who oblige the government beyond demands of justice and equity?
Answer: It is sad what is happening to these students, but its not the first time. Once you are labelled terrorist, it makes no difference if you really are one or no, even if your innocence is proven, you will have a hard time getting out of where you are thrown away. The place these students are, it will be hard to come out from there. Everyone needs a scrape goat, and anyone who is called a terrorist is a great one. And who will come to their rescue. The pakistani gov't won't, no matter what they say, in the end they will go with what the higher powers say, and the student's families, what can they do, even if people try to get them out, nothing will be done, until the gov't of Britain decides to release them. This is not the first time some innocent people are being accused of something and won't be the last. History is witness to this kind of cruelty and unfairness. Every time in history a group has been labelled something negative, it has been treated unfairly and nothing has ever been done, until everyone has united against the unfairness. Lets see what will happen in this case.
Question: In my divorce settlement I was awarded half the equity from the house me and my ex-husband purchased together.? We were married 14 years. He was ordered to pay me Dec 31 and has not yet done so but I have followed the court order to vacate the home. The divorce paperwork only stipulates I needed to vacate. Am I still part owner of the home and what can the court do to help me get the money
Answer: You need to see your lawyer about this. And you will probably have to take him to court. Don't waste time on this. Talk to your lawyer today.
Question: Help! Charging orders, CCJ and Transfer of equity? I seperated from my husband and I was about to transfer the equity into my name. I have been informed today that Northern Rock got a charging order on the house in my husbands name only. He did go to court about 1 year ago but the judge ruled in his favour and only a CCJ was given, has the Land registry not taken off the charge or is the charge still on the property? Serious answers only please
Answer: I'm afraid no-one on here will be able to give you a correct answer to this without access to documents etc. You need to speak to your solicitor who is handling the Transfer of Equity.
Question: Can anyone explain these types of equity? For my law exam next week i need to know types of equity. These are the types and what i believe some of them are.
Compensatory - Put person back into position before the event/wrong-doing took place.
Aggravated - Person given slightly more if the wrong doing had been made worse
Exemplary -
Contemptuous - person forced to give more if the court deemed their behaviour to be inappropriate (late for court, etc....)
Can anyone correct me and/or help me with the exemplary equity? Thanks!
Oh by the way, i made a mistake 'Types of common law' while i remember =D
Answer: You crazy foreigners!
Exemplary damages are what we, in the U.S., would call "punitive damages." They are awarded to an injured party when the defendant's willfull act(s) were malicious, fraudulent, grossly reckless, etc. It's both a financial gain (in excess of actual damages) for the plaintiff to compensate them for a willfull wrongdoing, and punishment for the defendant for his/her actions.
Also, think "exemplary" as in, "an example of." These damages make an example of the wrongdoer to discourage similar behavior in the future by them or others.
Question: Question for bankers with knowledge of home equity loans? I had an allodial title to my home, which was passed down. I signed a contract with a bank for a Home equity loan. As a condition of the loan the Bank agreed with me that I Did not agree to tax deductions in the Home equity loan; they would not deduct a property tax, no agreement to take it out the mortgage payment; (3) I Don’t have to pay taxes in mortgage payment agreeing I would pay property taxes due to a separate arrangement with Township Tax Office if payments are due. I became surety still under the Home equity loan. The Bank forecloses on the property or Home equity loan for failure to receive payment. The Bank didn’t receive payment because they refused it. Was the bank refusal not breach of contract? There was non-payment of monthly obligations on the loan because they refuse to receive payment because of failure to pay property taxes. The Bank forecloses because Township stated I owed property tax. When I was continuing not to pay property taxes after a while the Bank foreclose on the payment. How did failure to pay property taxes breach contract my contract with the bank? Tax bills are sent out by Township Tax Office, which I refuse to honor. I didn’t have a Mortgage Loan rather Home equity loan. United Jersey Bank breached the contract when they did not receive any payment thus the contract was void. The tax issue was separate. Under New Jersey Statute it is the property owner's responsibility to make sure that the property taxes are paid when due, even though the owner may not have received the tax bill. A bill is not necessary to make a payment. There was no court decision that as the person who inherited the home property taxes were due. Under New Jersey Statute it is the property owner's responsibility to make sure that the property taxes are paid when due. Yet how do I owe property taxes? The property was taking for non-payment of Federal Reserve notes.
Answer: 1) The lender can refuse payments that are delinquent, less than the full amount Due to bring it current or if any other part of the loan agreement is breached including not paying assessments like taxes.
2) the contract you sign (as with all mortgage loans) states that you promise to pay assessments like taxes and associations dues, as well as keep the property covered by adequate homeowners insurance.
3) Yes, if you inherit a property you become liable for the actions on or for the property including paying taxes. If a person slips and falls on the property, the same principal applies
Read your bank note, the court will only grant a foreclosure judgment to a lender when it is proven that the consumer has breached the contract.
Question: pa divorce question/equity at seperation? MY FATHER IN LAW AND FATHER ARE BOTH GOING THROUGH NASTY DIVORCES AND SEEM TO BE TOLD DIFFERENT VERSIONS OF PA DIVORCE LAWS. MY FATHER WAS TOLD HIS WIFE IS ONLY ENTITLED TO HALF THE EQUITY IN THE MARITAL HOME UP UNTIL THE TIME THEY SEPERATED. HOWEVER MY FATHER AND MOTHER IN LAW HAVE LIVED SEPERATELY FOR MORE THAN THIRTY YEARS SINCE SHE ABANDONED HIM AND THE KIDS. HE PAID OFF THE MARITAL HOME, PAID ALL TAXES AND UPKEEP AND RAISED HIS TWO CHILDEREN WITHOUT ANY FINANCIAL HELP FROM HER PRIOR DURING OR AFTER THE SPLIT. THEY NEVER FORMALLY DIVORCED. NOW HE IS TRYING TO MAKE A WILL TO PROTECT HIS ESTATE AND SHE REFUSED TO SIGN OFF ON THE HOUSE. SO DIVORE PROCEEDINGS ARE UNDER WAY. HE WAS TOLD SHE IS ENTITLED TO HALF THE ESTATE REGARDLESS OF THE FACT SHE HAD CONTRIBUTED NOTHING IN 30 YEARS AND EVEN IF THE COURT GRANTS THE HOME TO MY FATHER IN LAW SHE IS ENTITLED TO RENT FOR THE FAMILY LIVING IN THE HOME OVER THE YEARS. IS THIS TRUE? SHE ABANDONED THIS MAN HOUSE AND HER KIDS FOR 30 YEARS AND NOW A HOUSE THAT WAS PURCHASED FOR $17,000 40 YEARS AGO HAS BEEN APPRAISED FOR $250,000 AND SHE GETS HALF FOR DOING NOTHING???? MY FATHERS CASE SETTLED AND HIS WIFE GOT ONLY TWO YEARS OF EQUITY. BOTH LIVE IN PA, ONE IN LEHIGH AND ONE IN MONTGOMERY COUNTY. WHO IS RIGHT?
Answer: phew.. what a mess... and in capitals..t
Question: Does Anyone Here Know The Legal/Ethics Issues With Youtube? I was wondering... are you allowed to use clips from other users videos on your own without their permission?
I heard that since YouTube is public domain and the poster makes no profit from this that you are legally allowed to use that video. Is this true?
Answer: Actually. Some posters DO make profit.
....And I don't know about the no permission thing since they worked hard to make it and all that stuff.
Question: Help! Where can I find PCPR 30 or the VicBar Rule 30? I need to know for a Legal Ethics Assignmt!!? Help! Where can I find PCPR 30 or the VicBar Rule 30? I need to know for a Legal Ethics Assignmt!!?
Can someone explain this to me? or where i can find it?
Answer: Are you talking about this Rule of the Victorian Bar?:
30. A barrister whose client informs the barrister that the client intends to disobey a court’s
order must:
(a) advise the client against that course and warn the client of its dangers;
(b) not advise the client how to carry out or conceal that course; but
(c) not inform the court or the opponent of the client’s intention unless:
(i) the client has authorised the barrister to do so beforehand; or
(ii) the barrister believes on reasonable grounds that the client’s conduct
constitutes a threat to any person’s safety.
It's at http://www.vicbar.com.au/documents/Current_Bar_rules_withcurrentCPD.pdf
I don't know what PCPR stands for - what is it?
Question: muslim legal norms / islamic legal ethics? legal ethics for muslim jurists
Answer: romel v I saw you on the news today...!!
☆ http://www.osoq.com/funstuff/extra/extra03.asp?strName=romel_v
Question: How can rap artists in the United States be brought to heel to ethics and legal standard of the US Government?
Answer: hehe...best, that was funny.
They already tried this revolution (Nancy Regan in particular) and I'm pretty sure free speech "won" in this case.
I'm not convinced cleaning up lyrics will have an impact on anything, but I don't exactly support that kind of "free speech".
Question: Question about legal/ethics in local news? I am just wondering if anyone on here knows a lot about media laws-ethics and might have some insight on this question.
Here is the situation : the station is a CBS affiliate .. they get stories sent to them from national reporters that are part of the cbs team. The local station then has their local anchor/reporter revoice the story and then run it on the news as if they did the story themselves. Its obvious in some cases that there is no way they did the story and I really have no clue what purpose it serves. I was curious if anyone knew if this was legal.. to me it is certainly not ethical.. but I cant see to find a site that would give me some input on this.
Just wondering :)
Answer: Ethical, no.
Legal, yes.
Many news services will use canned news footage and re-package it. CBS perfected that when its aging staff could no longer travel to all the fascinating places it was covering. They would get some footage. Tell the story and then have their talking heads do an in-studio interview.
Question: I asked a question of legal ethics a bit ago. It was deleted. But I'd still like to know...? Is it legally ethical to force a fellow into confinement of any kind, especially as one 'deemed insane' by civil finding prior to a legal diagnosis, wherein there is no public presence at the hearing and no jury, or meaning-full appeal practice, and then bill his estate to pay for it? Or is it the ethical standard that a judge can with no "worth" of his / her own can simply order the institutions that wish to stay open under his / her watch do his or her bidding and without any of the protections of the jury system jail in a farcical institution with doors more securely locked than many prisons warehouse all of his political opponents or those of differing race, ethnicity, religions and or etc. likely to vote against him until such time as the imprisoned are so dope dependent they will not likely vote against him / her, whilst telling the rest of the country that the so jailed are to pay for their own incarceration? Or is it legally ethical standard for any court to deem the mentally ill "found" can be asked to loose assets in the hundreds of thousands of dollars and thus go into debt, and thus be both stigmatized, humiliated and face federal or extra state extradition to face charges with real and unavoidable jail time for non-payment of debts that would have been covered by forfeit assets, formerly held, but lost due to such confinement, whereas the States have no protocol that protects the assets of renters at all over a barely minimal amount?
I'm specifically speaking of an individual arrested as he was in the process of physically leaving his home, that was being "closed" by the landlord. Thus all of his assets were in the form of hard assets, transportable by a single fellow traveling on a bicycle and thus easily stolen away while he was confined.
I'm reminding the answering public that most banks deal with those in control of a 5.11 trillion dollar illicit drug trade, and a 5.11 trillion dollar illicit sex trade, knowingly or not at upper management levels. But certainly most of those laundering money from this illicit at least believe they have "pull" at some level in said banks; they believe they can control the actions of such banks or would not leave money there. Thus the more honest people do not leave money there, as it only serves to aid dishonest folk hide illicit gains.
These figures are extrapolations of Carter era FBI estimates, the last President we've had I'd trust walk my dog, with the sole exception perhaps of President Obama, as I don't know enough about him one way or another but trust him anyway.
The police simply do not secure ones assets, when they confine one. Period. Even or especially when they know you've gathered the resources to pay off debts and are traveling to the States that lent your ex money to pay them off, and would then be able to hire attorneys to fight for some degree of civil rights.
Instead they do the best they can not to shoot one outright. Given the pressures the mobs can place on the finger triggers.
Yes, they sometimes fail at this ~ this person has been shot at least three times by the police, four if you count the informant the police let while listening into the wire forcibly participate in a rape against and then shoot ~ but hey, they do try, I guess, especially given this had been a cop himself, once or three times.
But for now, lets only concern ourselves with the ethics of property loss in "mental illness" "observation situations". Where the fellow has committed no crime, but is assumed perhaps with little to no reason other than more than one person's say so, that he's "nuts". Cause, I guess, more people from away are crazy than robbed ~ and nobody robs by date rape drug and call to the police to force confinement whilst the victim's estate is taken.
Answer: Most states allow for brief (perhaps 72 hour) confinement upon an allegation before a magistrate or the local community services board that someone is a danger to themselves or others. Generally there is a hearing with a court-appointed attorney pretty quickly. The exact procedures vary from state-to-state.
Question: Legal ethics in relation to a nursing profession?
Answer: Not sure what you are referring to. HIPPA? Duty to act? There are lots of areas that have legal ramifications in nursing care.
Question: are personal ethics and legal ethics distinct?
Answer: I give you a star for this question. First one I have given in over 2,700 questions. I note you have gone three days without an answer to a fundamental and important question. That is sad. The first principle is that you can not legislate morality. That has been known since the time of the ancient Greeks. Yet legislators still try to everybody's disadvantage.
Of course you can define legal ethics as the code lawyers practice. No matter, there are still plenty of things that are immoral that are not illegal. The law is by its nature imperfect.
Question: Law & Ethics. Is it legal to blare out loud rap music or any music on your cell in public places? I work in a retail shop in a mall where it is becoming an increasing menace with young men walking around with these cell phones.
Answer: Yeah its legal for them to do that as long as they aren't disturbing everybody, i.e. a stereo system in a car that rattles windows. Even if it weren't do you think Paul Blart is going to come and arrest them. Its an annoyance but one you must live with.
Question: How much room does ethics have in our legal system? Some people assert that lawyers are unethical, on the premise that they lie. But what people fail to realize is that lawyers are passionately supporting their clients. Lawyers have an ethical duty to their clients, more so than to themselves. They must defend their clients at all costs.
The stereotype of lawyers being liars is a fallacy. There is good and bad in everything.
My question isn't limited to the province of attorneys- I am also curious about other aspects of our legal system.
Do you think that our laws originate from Roman law, or English law (laws here in the United States, that is)?
Answer: Sure, they support their client, which is their professional duty...
But when you support an obviously bad cause, prsumably for the sake of your bottom line, and lie, cheat, and resort to all manners of backhanded tactics to get a win, because doing the right thing and letting your client lose would mean less moolah for you, then you are no longer entitled to speak of ethics, and can righteously be regarded as a snake in an Armani suit.
This applies to any person who knowingly backs the wrong side (even if realisation that it is wrong comes belatedly), and chooses to do so because losing to the good side would have consequences on them.
The US system of law derives directly from british common law. The fact it strongly emphazises case law and jurisprudence over doctrine and interpretation of the statutes outside of court is proof that it is more influenced by the British than by the Roman system.
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