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In most states, getting married means that your spouse's income and debt now become yours, and vice versa. There are also issues that can arise with banking, finances, and investments. In the unfortunate event of a divorce, some states treat marital property differently. In community property states, any property obtained during the marriage must be split evenly, while in states that don't recognize community property, the split could be up to parties or even the courts. n. the killing of a human being by a sane person, with intent, malice aforethought prior intention to kill the particular victim or anyone who gets in the way and with no legal excuse or authority. In those clear circumstances, this is first degree murder. By statute, many states consider a killing in which there is torture, movement of the person before the killing kidnapping or the death of a police officer or prison guard, or it was as an incident to another crime as during a hold up or rape, to be first degree murder, with or without premeditation and with malice presumed. Second degree murder is such a killing without premeditation, as in the heat of passion or in a sudden quarrel or fight. Malice in second degree murder may be implied from a death due to the reckless lack of concern for the life of others such as firing a gun into a crowd or bashing someone with any deadly weapon. Depending on the circumstances and state laws, murder in the first or second degree may be chargeable to a person who did not actually kill, but was involved in a crime with a partner who actually did the killing or someone died as the result of the crime.

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01.14.2007 | 34 Comments

The Court recognized "a compelling interest in compensating victims from the fruits of the crime, but little if any interest in limiting such compensation to the proceeds of the wrongdoer's speech about the crime," Id. 502 U. S. at 120 21. The Court ruled that New York's "Son of Sam" law was inconsistent with the First Amendment because it was "overinclusive" in that it "reaches a wide range of literature that does not enable a criminal to profit from his crime while a victim remains uncompensated. " 502 U.

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01.14.2007 | 16 Comments

Sometimes, instead of bezwaar, a different system is used called "administratief beroep" administrative appeal. The difference with bezwaar is that administratief beroep is filed with a different administrative body, usually a higher ranking one, than the administrative body that made the primary decision. Administratief beroep is available only if the law on which the primary decision is based specifically provides for it. An example involves objecting to a traffic ticket with the district attorney "officier van justitie", after which the decision can be appealed in court. While administrative decision making bodies are often controlled by larger governmental units, their decisions could be reviewed by a court of general jurisdiction under some principle of judicial review based upon due process United States or fundamental justice Canada. Judicial review of administrative decisions is different from an administrative appeal. When sitting in review of a decision, the Court will only look at the method in which the decision was arrived at, whereas in an administrative appeal the correctness of the decision itself will be examined, usually by a higher body in the agency. This difference is vital in appreciating administrative law in common law countries. The scope of judicial review may be limited to certain questions of fairness, or whether the administrative action is ultra vires. In terms of ultra vires actions in the broad sense, a reviewing court may set aside an administrative decision if it is unreasonable under Canadian law, following the rejection of the "Patently Unreasonable" standard by the Supreme Court in Dunsmuir v New Brunswick, Wednesbury unreasonable under British law, or arbitrary and capricious under U. S.