Know Your Rights by Benrey, Ronald M. -- Read -- Imperial Library of Trantor

Index

Cover Page Title Page Copyright Page Dedication Contents Acknowledgments Chapter 1: Know Your Rights under the Law

This Book Is a “Survival Guide” for Non-Lawyers How I Organized the Content Hypotheticals for Fun and Learning Thinking Like a Lawyer “The First Thing We Do, Let’s Kill All the Lawyers” When You Really Need a Lawyer Two Opposing Lawyers Are Not Necessarily Adversaries Beware of Half-Baked Legal Information One Final Point of Introduction A Final Caveat Other Things Worth Knowing about Everyday Law

Civil Law vs. Criminal Law Common Law vs. Civil Code “Cases in Equity” vs. “Cases in Law”

Why Are There So Many Different Courts in the United States? State Court Systems

Trial Courts of General Jurisdiction Trial Courts of Limited Jurisdiction Intermediate Appellate Court State Supreme Court

The U.S. Court System

Article III Courts Article I Courts A Short Course in U.S. Court Geography The Limits of Federal Court Jurisdiction

Class-Action Suits

Chapter 2: The Law of Contracts

The Case of the Big-Screen TV

Mutual Promises Where’s the Piece of Paper? Excuse Me! I’ve Changed My Mind A Short Detour to Reasonableness But Our Minds Never Met Fraud: The Big Gun Bring in the Technicalities A Short Detour to Conditionville Onward to a Bigger Screen Your Family Loves Your New HDTV

Other Things Worth Knowing about Contracts

Contracts Statutes of Limitations Detrimental Reliance Instead of Consideration Contracts of Adhesion Specific Performance Instead of Money Damages Unconscionable Contracts Choice of Law and Forum Selection Contracts Mandatory Arbitration and Alternative Dispute Resolution

Chapter 3: Intentional Legal Wrongs

The War of the Roses

Awarding Damages for Harm Done Did April Also Assault Fuller? Defenses to the Intentional Tort of Battery Can Iona Also Sue April?

April Attacks Again

Fuller’s False Imprisonment and April’s Assault Trespass to Chattel and Conversion

Iona Suffers Mental Anguish What Did You Say about Me? Other Things Worth Knowing about Intentional Torts

Intentional Torts by Children The Details of Defamation Trade Libel

Chapter 4: Negligence and Accidents

I’m Dreaming of an Icy Christmas

A Duty of Care Mona Also Has to Act Reasonably

Wanda on the Loose

Strictly Liable What about Wanda?

The Havoc Continues

My, How the Torts Roll In! What to Do about Wanda But Brighton Was Drinking! The Bowser Factor Was Brighton Negligent for Not Calling the Paramedics? Mona’s Automobile Accident

Other Things Worth Knowing about Negligence

Punitive Damages Statute of Limitations Wrongful Death More on the Reasonable Person Negligence by Children

When Government Employees Are Negligent

Chapter 5: Marriage and Prenuptial Agreements

Marriage

The “Are They Legally Married” Game Round 2: An Informal Marriage Round 3: Not Quite the Truth Round 4: Married Afar

Prenuptial Agreements

A Prenup in Action How to Create a Protest-Proof Prenup An Aside: What If the Pair Weren’t Married?

Chapter 6: Separation and Divorce

The “Are They Still Legally Married” Game

Let’s Get an Annulment Legal Separation Let’s Get a “Quickie Divorce”

Fault-Based and No-Fault Divorces

A Divorce Based on Fault The Switch to No-Fault Why Fault-Based Divorce Survives

What Happens When?

In the Interim

The End of the Story

I’ll See You in Court

Marital Property and Spousal Support

The Challenge of Dividing Marital Property Community Property Distribution Equitable Property Distribution Division of Marital Debt Complete Financial Disclosure Is a Must Separate Maintenance Modifying Property Division and Separate Maintenance

Chapter 7: Adoption, Child Custody, and Child Support

Jack and Jill Adopt a Child

Adoption Creates a New Parent/Child Relationship Who Can Adopt? The Adoption Process “Home Study” Consent to Adopt Custody Pending Adoption The Adoption Hearing

A Change of Geography

Adoptions vs. Legal Guardianship Hague Convention Home Study Non–Hague Convention Intercountry Adoptions Jack and Jill Tumble into Divorce

The Judge’s Custody Decision

The Fight Goes On Interference with Visitation Can Jill Move to Another State? Parental Kidnapping Failure to Pay Child Support The Federal Child Support Enforcement Program Jack and Jill Refuse to Let the Grandparents Visit Mack and Lil

Things Worth Knowing about Juvenile Justice

Who Is a “Juvenile Offender”? Juvenile Offenses The Role of Law Enforcement in Juvenile Justice The Intake Decision The Waiver Process Adjudication in Juvenile Court

Chapter 8: Renting a Home

The Rental on Elm Street

A Big, Big Mistake Always Read the Lease Two Kinds of Rentals Put It in Writing! Surprise: The Condition of the Wise’s New Apartment Surprise: Some Utilities Not Included Surprise: Some Rights Are Built into Every lease Surprise: An Expensive Pet Policy Surprise: Exorbitant Late Fees Surprise: A Promise to Pay Evan’s Legal Fees Surprise: Too Much “Right of Entry” Surprise: The Wises Are Responsible for Many “Routine” Repairs Surprise: A Festival of Breakdowns Surprise: How Do We Get Our Security Deposit Back?

Other Things Worth Knowing about Renting a Home

Confession of Judgment Clause Terminating a Lease Subleasing a Rented Apartment When a Landlord Wants the Tenant Out

Chapter 9: Buying (or Selling) a House

Mr. Dither Buys a Dream House The Arcane Language of Property

Holding in “Fee Simple” Other Ownership Alternatives: “Condos” and “Coops” Co-tenancies for Multiple Owners The “Deed” Is Done Liens against Property

The Dithers Go House Hunting

Discrimination in Housing

The Home Purchase Contract

What the Dithers Did Wrong

Aside: Home Inspections Aside: The Closing

Round-Table Closing Escrow Closing

Surprise: The Dithers Are at Risk Surprise: Darren Deed Refuses to Repair Some Faults Surprise: “Everything” Wasn’t Included Surprise: There Were Undisclosed Defects Surprise: Darren Deeds Didn’t Move Out at Closing Other Things Worth Knowing about Buying a House

Covenants, Conditions, and Restrictions Easements Eminent Domain If a Home Purchase Falls Through

Chapter 10: Neighborhood Disputes

The Case of the Odoriferous Compost Heap

The Concept of Nuisance Officer, Do Your Duty! Counselor, What Do I Do Next?

An Exquisite—Though Disturbing—Noise Other Neighborhood Disputes

Encroachment with a Fence Water Runoff Trees and Overhanging Branches A Lack of Lateral and Subjacent Support You’ve Ruined My View!

Chapter 11: Personal Property and Gifts

The Case of the “National Treasure”

Who Is the True Owner? Four Kinds of Found Property Greater and Lesser Rights of Possession Duties of Finders Miss Take’s Vlad

The Generous Mademoiselle Take

Double Take’s Tuition Clever Take’s Tuition Quick Take’s Tuition Fresh Take’s Tuition Gifts Can’t Be Conditional Engagement Rings as Conditional Gifts Gifts and Income Tax

Other Things Worth Knowing about Personal Property

Temporary Possessors of Property

Chapter 12: The Products You Buy

The Case of the Abominable Appliance Warranties—Express and Implied

Warranties You Get without Asking Implied Warranty of Merchantability Implied Warranty of Fitness for a Particular Purpose How Long Do Implied Warranties Last? A Seller’s Returns Policy Can the Retailer Shift the Responsibility? The Everyday Law of Written Warranties Magnuson-Moss Warranty Act Full vs. Limited Warranties No “Tie-In” Provisions Informal Dispute Resolution The Universal Legal Rights Statement After the Third Pasta Phantom Exploded

Products Liability

The Stream of Commerce Design Defect Cases Manufacturing Defect Cases Warning Defect Cases

Defenses Against a Products Liability Claim

Chapter 13: Buying a Car

The New Vehicle Window Sticker A Written (Not Oral) Purchase Agreement The Purchase Contract

Why the Car Buyer Signs First Can’t I Cool Off? New-Car Warranties

Secret Warranties

State Lemon Laws Extended Warranties (Service Contracts) Unfair and Deceptive Acts and Practices Odometer Fraud

Buying a Used Car

What Is a Used Car?

Used-Car Buyer’s Guide Automotive Products Liability and Recalls

Vehicle Recalls

Chapter 14: Trials in Small Claims Court

The Case of the Buckled Wood Floor Small Claims Procedure

Small Claims Cases Filing a Small Claim Demand Letter Statute of Limitations Service of Process Sending Subpoenas to Witnesses Discovery

Veronica’s Answer and Counterclaim Postponing the Trial Veronica Tries to Settle the Case Veronica Prepares for Trial

The Rhythm of the Trials Veronica’s Trial

Other Things Worth Knowing about Small Claims Court

Collecting a Money Judgment Writ of Execution Satisfaction of Judgment

Chapter 15: Your Constitutional Rights and Freedoms

The Case of the Constitutionally Protected Cookies Freedom of Speech

A Clear and Present Danger Fighting Words Defamation Obscenity Freedom of Peaceable Assembly Reasonable Restrictions on Public Forums The Doctrine of Incorporation I’ll Take It to the Supreme Court

Freedom of Religion

The Broad Meaning of Establishment School Prayer Schools and Public Money Religious Symbols in Public Places Religions Symbols in Public Holiday Displays Religious Use of Public Facilities Your Right to Freely Exercise Your Religion

“What Will Happen on Cookie Day?” Other Things Worth Knowing about Rights and Freedoms

Ima Hater’s “Last Gasp” Speaking of the Right to Privacy Freedom of the Press Your Rights When Out of the United States Your Right to Travel Freely in the United States Your Right to Bear Arms

Chapter 16: Everyday Law on the Job

A Day in Human Resources A Tale of Three Job Candidates Can We Fire Lucy Jones? Does Nora Nelson Deserve Overtime Pay?

Ted Johnson’s Religious Accommodations Les Simpson’s Disability

Monitoring Neal Mason’s Computer

Tom Blanchard’s On-the-Job Injury Roger Lapin Promised to Keep Our Secrets The Unfortunate Incident in the Data Center

Chapter 17: Criminal Law and Procedure

Crimes and Criminal Law

The Case of Sticky-Fingered Aunt Edna The Crime of Shoplifting “Almost Crimes” That Receive Real Punishment Keeping Pace with Criminals

Criminal Procedure

Step 1: Aunt Edna Is Arrested Step 2: Bailing Out Aunt Edna Step 3: Aunt Edna’s Preliminary Hearing Step 4: Aunt Edna Is Arraigned Step 5: Aunt Edna’s Pretrial Activities Aunt Edna’s Upcoming Trial Aunt Edna’s Plea Bargain

Other Things Worth Knowing about Criminal Law

Criminal Statutes of Limitation The Tale of Aunt Edna’s Interrogation When Federal Agents Ask Questions Searches and Seizures Mental Competence and Insanity Habeas Corpus Proceedings

Chapter 18: Health-Care Law

Iatrogenic? What Does That Mean?

Fiona Feelgood’s Heart Problems Informed Consent One Malpractice Claim Moves Forward

Other Patient Rights

Patient Autonomy

Advance Directives for Health Care

Your Living Will

Durable Power of Attorney for Health Care Registering Your Advance Directives for Health Care

Chapter 19: Legal Issues at the End of Life

The Case of Your Three Favorite Uncles Huey—The Uncle Who Died Intestate The Probate Process

The Representative’s Other Chores Property Not Subject to Probate Small-Estate Probate

Dewey—The Uncle Who Wrote a Will

The Advantages of Having a Will Guardianship

Three Kinds of Wills

Attested (Formally Witnessed) Will Holographic (Handwritten) Will Nuncupative (Oral) Will

Creating an Attested Will

The Reason for Legalese The Problem with Pre-prepared Wills

Will Formalities

There Are Things You Can’t Give Away A Will Can Be Contested

Joint and Mutual Wills How to Change a Will The Impact of Marriage and Divorce Disinheriting a Family Member Bequests to Minor Children You Were One of Uncle Dewey’s Named Beneficiaries Louie—The Uncle Who Avoided Probate How to Avoid Probate

What Is a Trust? Wearing Two Hats: Settlor and Trustee A “Pour-Over” Will

The Joys (and Disadvantages) of Avoiding Probate Minimizing Estate Taxes Elder Law

Guardianship Representative Payee

Chapter 20: Personal Bankruptcy

Imagine the Worst

Alternatives to Bankruptcy Should You Do It Yourself? Mandatory Credit Counseling and Debtor Education Bankruptcy: The “Nuclear Option” Automatic Stay of Creditor Collection Efforts Two “Chapters” of Personal Bankruptcy

Chapter 7 Bankruptcy

Chapter 7 Abuse and the Means Test Debts Discharged in a Chapter 7 Bankruptcy Exempt Property in a Chapter 7 Bankruptcy A Common Question: Can I Keep My House? Chapter 7 Collateral Redemption

Chapter 13 Bankruptcy

All Disposable Income Chapter 13 “Cramdown”

Comparing Chapter 7 and Chapter 13 Other Things Worth Knowing about Bankruptcy

A Single or a Joint Petition? Filing for Bankruptcy a Second (or Third) Time Your 341 Creditors Meeting

Fraudulent Property Transfers

Chapter 21: Everyday Immigration Law

The Case of the Innovative Immigrant Immigration Law

Immigration vs. Emigration Who’s in Charge of Immigration?

Who Are You Calling an Alien? Visas

The Visa Waiver Program for Visitors

Getting Myles His Green Card Sponsorship by a Relative

Sham Marriages to U.S. Citizens

Employment-Related Green Cards Green-Card Lottery Another Path to a Green Card: Investment Refugees and Asylum Seekers Persons Not Allowed to Enter the United States or Immigrate Rights of Lawful Permanent Residents Myles Tugo’s Immigration Decision Naturalization

Index About the Author

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