Under the English common law, which is the source of many traditional laws in the U.S., it was not legally possible for a man to be accused of raping his wife. In support of this position, then jurist Sir Matthew Hale explained in 1736 how marriage implied permanent consent that could not be retracted.
The belief that a man could never be held guilty of raping his wife stood for centuries until in 1979, when legal attitudes about the concept changed due to a pair of separate cases. One of these cases, which may have been the first case that led to a spousal rape conviction, involved a bartender in Salem, Mass., who broke into the house that he used to share with his estranged wife and then forced himself on her. Since the incident involved invasion and sexual abuse while in the middle of a divorce, it was not hard to judge the case as one incidence of marital rape; regardless, this case was a precedent to so many other spousal rape convictions during the 1980s and the 1990s, and the major reason why today, spouses are no longer excluded in state criminal codes’ definition of “rape,” why saying “no” to one’s husband is no longer a ground for divorce, and why spousal rape is declared illegal in every state in the U.S.
According to a criminal defense lawyer from the firm Horst Law, married individuals may be charged with spousal rape if they engage in sexual penetration that is unlawful because it is alleged that the defendant was armed with a weapon, caused serious bodily harm, or the couple has been separated and at least one partner has filed for either divorce or separate maintenance. A charge of spousal rape can be elevated to aggravated sexual assault if the defendant was particularly vile, cruel, or otherwise inhumane and either caused serious bodily harm or was armed with a weapon.
To be accused of a crime can change your life forever. A conviction is so much worse for, besides the penalties, it will also affect your future personal, community and professional life. You should realize, however, that an accusation simply means that you still have the time and any means accessible for a strong defense that will enable you to protect your rights and future and which may even help you earn a verdict of “not guilty.” Being defended by a highly-competent criminal defense lawyer, who knows what evidences to gather and how to gather these, may just be what you need in a case as serious as spousal rape.
Immigrating to the United States provides people with many opportunities for improving their lives. However, these immigration laws is quite complex that it creates plenty of confusion. According to the website of the AmLaw Global, there are different visa options that are available for individuals who desire to migrate to the United States. Here we will look at the different types of visas that applicants can consider:
The US immigration policy places a huge importance on family unification. Immigration laws permit US citizens as well as lawful permanent residents to bring their family members to the country. There are 480,000 family-based visas available per year. They are accepted as either immediate relatives or via the family preference system. The former includes the following:
The latter, on the other hand, includes the following:
There are two categories of working visas namely Temporary and Permanent Immigration. It is issued by the US Citizenship and Immigration Services and is also called Employment Authorization Document (EAD). It is shown to employers to show their eligibility to work. All employes are required to request for the Ead or face sanctions.
For temporary visas, there are over 20 types that are available ranging from intracompany transfers (L-visas), athletes, entertainers and skilled performers (P-visas), and others. The applicants are normally sponsored by an employer or certain job offer. Permament working visas are limited to 140,000 a year and are divided into 5 preferences, each with a yearly numerical limit.
Refugees are individuals who are unable to return to their home country for fear of getting persecuted as a result of their race, membership in a social group, political opinion, and others. Application can be done from a “transition country” outside of their home country. Admission to the United States depends on various factors such as the degree of risk, membership in a group that is of special concern to the United States and whether or not they have families in the country.
Established under the Immigration Act of 1990, the Diversity Visa Lottery serves as a dedicated channel for immigrants from countries with low immigration rates in the United States. Every year, 55,000 visas are randomly allotted to citizxens of countries that have sent less than 50,000 immigrants to the US in the previous 5 years. Originally designed for immigrants from Ireland, the program has become the lone channel for individuals from certain regions in the world to become a green card holder.
There are also visas that are issued on special cases.
Temporary Protected Status (TPS). This is given to individuals who are in the United States but unable to return to their home country due to “natural disaster,” “extraordinary temporary conditions,” or “ongoing armed conflict.” It can be granted for 6, 12, or 18 months, or longer as long as the unsafe condition in the country is still present.
Deferred Enforced Departure (DED). DED provides protection from deportation for people whose home countries are unstable which makes return risky. However, DED is authorized at the discretion of the executive branch.
Parole. These are individuals who do not qualify as a refugee or to immigrate using other channels. They are admitted to the United States on a temporary basis for urgent humanitarian reasons or significant public benefit.
Porches are large traffic areas and are frequently used during social gatherings. The truth that porches are often simply extensions of the home and may as well not have exactly the same load-bearing capacity as the house itself might be the reasons why there have been numerous examples of a porch falling causing severe injuries and possibly even fatalities.
This may be a premises liability situation, should you or someone close to you suffer injuries because of porch collapse. Premises liability in a porch failure continues to be definitely established in the circumstance notwithstanding architectural issues since the landlord had control on the usage of the construction. Under normal use, the porch fall wouldn’t have happened in the event the sociable gathering had not been permitted by the landlord.
An incident in IL where two porches collapsed underneath the weight around 30 people, leaving the remainder hurt and also 13 dead, is said to have been due to structural flaws in the verandas rather than negligence or lack of upkeep. There have now been some concerns concerning if the town inspectors’ lack of citations involving this structural dilemma could be among the causes for the failure. But, the tribunals did not provide any credence to this theory, as well as the landlord of the condominium complex, bore the brunt of the liability via the building’s underwriters.
In this incident, the landlord should have known that there was a threat of damage if the verandas were subjected to loads beyond what they can safely tolerate. Based on the website of Habush Habush & Rottier S.C., porch owners have to be sure of the safety of individuals on a veranda or otherwise not allow them to be on the unstable porch.
Due to the enormous size of freight trucks, also called big rigs or 18-wheelers, the government passed federal laws which everyone in the trucking industry, from owners to all truck-related workers, should strictly observe. These laws address different issues, such as proper truck maintenance, hiring and training of qualified drivers and other workers, and maximum number of hours of service.
There are thousands of big rigs, tractor trailers and semi-trucks that are driven on US roads and highways every day, making it quite impossible for anyone not to share the road with a few of these whenever he or she drives.
Because of the many accidents reported to the Insurance Institute for Highway Safety’s Highway Loss Data Institute and the US Department of Transportation and the large number of lawsuits (both) involving trucks, it is common for drivers of smaller vehicles to feel uncomfortable and threatened driving alongside these huge vehicles. A valid emotion, considering the fact that close to half a million accidents involving trucks occur every year – accidents that injure about 130,000 drivers and other vehicle occupants, and which cause the untimely death of more than 5,000 others.
It is very common for trucks to be driven for thousands of miles at a time, an activity that results to two major concerns: fatigued and sleepy drivers, and essential truck parts (like the brakes and tires) that are subjected to greater wear and tear. These situations make it a must for trucking companies to: regularly check their vehicles to make sure that these will never be threats on the road as soon as these leave the (truck) depot; and, never require their drivers to drive more than the maximum 11 hours of service. These requirements are mandated by the Federal Motor Carrier Safety Administration (FMCSA), the US Department of Transportation agency that is tasked to ensure that crashes, injuries and deaths due to large trucks (and buses) are reduced.
Despite the FMCSA mandates, many trucking companies still remain negligent in their duty of making sure that their trucks are properly maintained. This negligence often leads to brake system failure and/or tire failure which, in turn cause tragic road accidents.
To many an Oklahoma personal injury lawyer, negligence is synonymous with potential dangers. In any type of profession, if there is someone negligent in his or her duties, then another, more likely than not, is bound to get hurt. Even courts see negligence as the common cause of all personal injuries and, since negligence can easily be dispelled by simple diligence, then personal injuries are always preventable occurrences.
Trucking firms are guilty of grave negligence whenever these, intentionally or unintentionally, fail to comply with federal laws aimed at keeping trucks from getting involved in tragic road accidents. This is why these are legally required by courts to compensate anyone who gets injured because of their irresponsible acts.
There were no less than six products recalled in a single day, April 16, 2015, according to the Consumer Product Safety Commission (CPSC) for various reasons. These are all household or clothing products that anyone may have in their homes right now. These include:
In most cases, there was a defect in the design, which could cause injuries. In others, there appears to be a manufacturing defect. Whatever the cause of the recall, it has historically been very difficult for people to keep abreast with what products should be avoided or returned, based on the CPSC’s recommendations. It is perfectly possible that one or more of the items above is currently in someone’s home just waiting to cause injury.
According to the website of the Sampson Law Firm, product manufacturers have an ongoing responsibility to make sure that the products they sell are safe to use. People are, of course, expected to exercise reasonable caution, especially when handling an inherently dangerous product. However, if the product is dangerous because of design or manufacture, then it will not matter if the consumer is careful.
The company may argue that they issued a recall, and it is the look out of the consumer to find out about it. This is not at all true. Consumers have a right expect that the products they buy are safe to use or consume. Even if the product has been recalled, the manufacturer still remains liable for any serious injuries that may ensue.
If you have serious injuries from unknowingly using a recalled product, you should consult with a product liability lawyer in your area. Manufacturers would like to get away with their negligence; do not let them.
Find yourself in quite a bit more than a pickle, financially? It might not surprise you to know that you’re not alone. As a matter of fact, there are a lot of Americans who find themselves financially struggling. Whether this is due to a further legal matter, medical expenses, student loans, mortgages, credit statements, or something – there is almost always something that holds your average citizen back. Some of the time, these debts can get a bit overwhelming. This can even go to the point where you become sleepless and anxious over every little phone call and every ring of your doorbell, thinking it’s someone to come to take everything you’ve worked for away. Well, there is a solution for that – and it might not be the road you thought you would ever be willing to go on.
Filing for bankruptcy has received quite the negative reputation. A lot of people think that when you file for bankruptcy, that that’s it – it’s all over and bedrock from there on out. Well, that is simply not the case at all. When you are financially struggling, whether you are filing as an individual citizen or as a business owner, this legal pursuit could be the only thing holding your head above water among these debts that threaten to drown you.
Ask any Waco bankruptcy lawyer, even, as some of the best ones know exactly what it is like to be in your position. Just be honest with your lawyer and tell them everything that is needed for this kind of claim. Having legal assistance can help you be properly represented in a court of law, giving you the best possible chance at having a financial plan that could get you financially stabilized faster and more efficiently than you ever thought possible. It is a pressuring, complicated procedure to decide on your own, given all the intricate details that do make a claim like this so complex, and so it is advisable for you to seek legal expertise for your individual case with regard to filing for bankruptcy.
It is true that the benefits of marijuana, also known as cannabis by those of a scientific bent, has become a popular sticking point for those who would like to keep the substance off the supermarket shelves. The marijuana advocacy groups are pushing, and pushing hard for making it legal, and they are gaining a lot of ground.
Advocates argue that overdosing on marijuana is virtually impossible, and that the benefits for those who are depressed, in pain, or would otherwise benefit from the effects of pot on their system far outweigh associated risks. It is believed that marijuana is addictive, and in high quantities can lead to hallucinations, but under controlled conditions it is certainly no worse than moderate use tobacco or alcohol.
Nearly half of US states (23 and counting) plus the District of Columbia have not exactly let marijuana loose on the streets, but they have enacted laws that allow people with a prescription to obtain small quantities of the sticky-wicky for medical applications. In general, you can be found in possession of a limited amount of marijuana in those states but go scot-free if you can produce a legitimate medical certificate that you use it for medical purposes.
But not Texas. At least, not yet.
There are predictions that by 2015, medical marijuana will be legal in the Lone Star state, but until the legislation actually passes, possession of marijuana for whatever purpose or in whatever quantity is still illegal. As the lomtl website points out, you get caught with pot in Dallas, you get sent to jail, levied a fine, or both.
Having marijuana on your person or property is essentially drug possession, and is dealt severely in conservative Texas. In order to avoid legal problems associated with a drug conviction, retain the services of an experienced criminal defense lawyer without loss of time if you are charged with possession of marijuana.
Xarelto (rivaroxaban) is an anticoagulant distributed by Janssen Pharmaceuticals, a division of Johnson & Johnson and manufactured by Bayer AG. It is indicated with the approval of the Food and Drug Administration (FDA) for patients following joint replacement surgery such as a hip or knee replacement. This is a prophylactic move, a precaution against the development of blood clots that can potentially lead to stroke or an embolism (blockage in the blood stream) because this type of surgery increases the probability of dangerous blood clots.
Not all patients who undergo joint replacement surgery will develop these blood clots, but distinguishing between those that will and will not is difficult because those that already have are sometimes asymptomatic or demonstrate general symptoms that may or may not be due to blood clots. Just to be sure, standard medical protocol following joint replacement surgery currently require being put on a course of prophylactic anticoagulant after surgery and once hemostasis (bleeding has stopped) has been established. In the US, the course requires anticoagulant administration either by injection or orally for at least 10 days and up to 14 days following surgery. In Europe, the standard course for hip replacement surgery thromboprophylaxis is 28 to 35 days post-surgery. Patients who are more likely to benefit from thromboprophylaxis are those you are over 60 years old, have a history of heart and vein disease, receiving medication containing estrogen, obese, smoke, and are genetically prone to developing blood clots.
Given the wide range of the course length, there is a risk that the course can go on too long that it can lead to complications because the blood becomes too thin. Attending physicians have to determine how long the treatment should be administered based on individual case requirements, but Xarelto lawyers believe that the drug companies recommend longer than needed courses of treatment to physicians unfamiliar with the long-term effects of these anticoagulants.
If you have suffered from the side effects of taking Xarelto following joint replacement surgery, you may have a case against the drug’s manufacturers and distributors. Consult with a Xarelto lawyer to find out for sure.
When you need to find a new lawyer, it can be overwhelming to search. Any given area is so full of lawyers it can be intimidating to pick one. Luckily, this article provides great advice which will make your search for a lawyer much easier.
If you notice that the lawyer you chose is not doing the job that you were expecting, do not be afraid to fire them. This is the person that you are paying your money for, so at any point you can cut ties. If you are facing a legal matter, you only want the best on your side.
A good tip if you’re thinking about hiring a lawyer is to listen to your gut when it comes down to whether or not you’re going to hire that person. Your lawyer is going to represent you in court, so if your lawyer seems unscrupulous, it’s going to fall back on you.
Imagine taking on a lawyer who is about to enter court for the first time. That’s what will happen if you take a general lawyer into a case where a specializing lawyer is a better bet. Ask any lawyer you know for their recommendations, and you’ll be pleased with the outcome.
Communicate with your lawyer. A good lawyer should be easy to get in touch with and call you back quickly after you leave a voice-mail. You should not hesitate to call your lawyer to ask for some updates or schedule regular appointments so your lawyer can give you more details on what they have been working on.
You want a great lawyer when you’re dealing with legal issues. Take the advice you’ve read here and use it. Having legal issues can be very frightening or confusing and you want to make sure you have a good lawyer on your side.
Thanks to the Abel Law Firm website for helping with some of this information.
Often times, good people get injured, that’s just how the world works. If you have been injured as a result of negligence, you should research your legal options. There is a lot you need to learn about personal injuries and legal procedures. Continue reading to learn what you should expect should you suffer a personal injury, or in the case of low testosterone side effects, visit lowtestosterone.upn53.com.
If you lost income as a result of your injuries, you will need proof for court. Speak with your employer and ask them to give you a statement that outlines how much money you earn and how many days of work you missed because of what happened to you. Depending on whether you earn an hourly wage or not, your income tax return could also be valuable documentation to bring with you.
Get a detailed police report regarding an injury you receive, for future reference in court. Not only will the information gathered by the authorities be very credible, it can help prove that you were wrongfully injured and win your case. Failure to collect credible evidence means your claim may be viewed as hearsay, and that won’t win you anything!
Never try to negotiate with an at-fault party or their insurance company without having an attorney present. They may try to take advantage of your lack of legal knowledge to make you an unfair offer. Even if you feel like you are confident and can represent yourself, call a lawyer and have them present at the time.
Avoid hiring the first lawyer you meet with. Spend a few days consulting with other prospective lawyers before making a commitment. Many offer free consultations to see if they can handle your case. At these consultations, you can ask about costs and figure out if they are someone that overcharges or adds extra fees.
If you are considering hiring an attorney, set up a consultation first. Generally, this consultation should be free, but make sure you clarify this point before you head into the meeting. If a fee is involved, it is likely that lawyer will charge other fees as well, like a retainer, and you may want to move on as a result.
If you’ve been injured, then you already know that sometimes bad luck just jumps up to bite you. It is important that you utilize the excellent tips outlined in this article if you are the person who has been injured. You will find that the advice will make your efforts much easier and more successful.