RECURSOS LEGALES -  **esta seccion es en Ingles

Family Law

GUARDIAN AD LITEM
What is a guardian ad litem? A minor cannot be a party to a lawsuit without assistance. Therefore, when a minor is a party to a lawsuit, the court appoints a guardian ad litem to represent the minor. more...

DISCOVERY IN DIVORCE ACTIONS
If a divorce case is contested then a trial may occur. Prior to the commencement of the divorce trial discovery will take place. Discovery is a process by which both parties are able to obtain or attempt to obtain information needed for the divorce proceedings. The discovery mechanisms are the same discovery mechanisms that are used in civil trials. The angle for the usage of the mechanisms is slightly different for divorce actions. more...

SELF-EMANCIPATION OF MINORS
A minor may obtain a court order declaring him or her to be self-emancipated. A self-emancipated minor has most of the legal rights and duties of an adult. The parents of a self-emancipated minor have no further duty to support the minor. more...

Real Estate

DISCLOSING MATERIAL FACTS AND HIDDEN DEFECTS
Disclosing Material Facts and Hidden Defects more...

REAL ESTATE LAW
Renting vs. Buying: Should you rent or buy a home? more...

RESIDENTIAL REAL ESTATE CONTRACTS
Residential Real Estate Contracts  more...

USUFRUCT
The meaning of the term "usufruct" is "the right of enjoying a thing, the property of which is vested in another, and to draw from the same all the profit, utility, and advantage which it may produce, provided it be without altering the substance of the thing." The person who has the right and enjoyment of a usufruct is known as a "usufructary." more...

ACCRETION
The term "accretion" refers to the process by which an area of real property is increased due to the gradual deposit of soil resulting from a boundary river, stream, lake, pond, or tidal waters. The legal implications which stem from accretion derive from ancient common law. more...

Personal Injury

INTERFERENCE WITH A PROSPECTIVE ADVANTAGE
A person may have an expectation that he will be entering into a contract or a relationship with another party or parties for a financial benefit in the future, and a defendant may interfere with that prospective advantage.  If the defendant unlawfully does so, the injured party may bring action against him. more...

FEDERAL TORT CLAIMS ACT - SCOPE OF EMPLOYMENT
The Federal Tort Claims (FTCA) applies to claims for personal injury caused by the negligence of a federal government employee who is acting withing the scope of his or her employment, under circumstances where a private person would be liable under state law.  Therefore, in order for the FTCA to apply, the employee's negligence must occur within the scope of his or her employment.  Generally, a federal government employee is acting within the scope of his or her employment is the employee is engage in an authorized activity that serves a governmental purpose. more...

LIABILITY OF AN AIRLINE PASSENGER FOR PROVIDING MEDICAL ASSISTANCE TO ANOTHER PASSENGER
Generally, an airline passenger is not legally liable for the consequences of providing medical assistance to another passenger.  The federal Aviation of Medical Assistance Act of 1998 provides that a person is not liable for providing or attemping to provide assitance in the case of an in-flight medical emergency, unless the person, while rendering such assistance is guilty of gross negligence or willful misconduct. more...

CUSTOM AS PROOF OF NEGLIGENCE
In some circumstances, custom may be used as proof of negligence in a personal injury action.  For example, a worker in a sawmill is injured when he accidentally puts his hand onto the blade of an electric saw. more...

NOMINAL DAMAGES
If an injured party is harmed or has property that is damaged by the intentional or negligent conduct of a defendant, the injured party recovers a verdict but only nominal, or minimal, damagers.  more...

Criminal Law

POST CONVICTION PROCEDURES
After a defendant is convicted of a crime, he may decide to file a postconviction motion or appeal his conviction. The types of postconviction motions the defendant may file differ from state to state. The defendant may file several different motions after a judgment has been entered against him. more...

GRAND JURY PROCEDURE
When a grand jury is impaneled to investigate criminal activity, one member of the grand jury is selected as a foreman. The foreman is responsible for presiding over the grand jury. A quorum is necessary for the grand jury to proceed. Nine grand jurors is the minimum for a quorum when there are 12 grand jurors. If the grand jury acts without a quorum, the proceedings are void. Any indictment that is issued by the grand jury without a quorum is subject to being dismissed or quashed. more...

UNLAWFUL SALE OR TRANSFER OF WEAPONS
In some states, a person commits an offense if he or she sells, rents, leases, or lends a handgun to another person with the knowledge that the person intends to use the handgun unlawfully or intends to use the handgun in the commission of an unlawful act. A "handgun" for purposes of this offense is any firearm that is designed, made, or adapted to be fired with one hand, such as a pistol or a revolver. more...

CHECK KITING, IMPROPER PERSONAL LOANS TO BANKING OFFICERS, AND OVERDRAFTS
Check kiting is a crime that involves one or more individuals who utilize checking accounts at two or more financial institutions. The purpose of using two or more institutions is for the systematic exchange of checks written in similar amounts. The individual uses the lag time that it takes to clear checks through the Federal Reserve System to use and collect the money. more...

CRIMINAL VIOLATIONS OF THE FEDERAL MINE SAFETY AND HEALTH ACT OF 1977
The Federal Mine Safety and Health Act of 1977 (MSHA) provides for enforcement of by way of civil penalties, criminal penalties, or administrative enforcement methods. MSHA was enacted to protect mining workers. When a violation of the MSHA is claimed, an investigation is conducted regarding the allegations of the violation. If a criminal division determines that a case referred to it warrants prosecution, the case will be referred to the office of the United States Attorney. more...

Business Litigation

LIENS
A lien is a charge on real or personal property for the satisfaction of a debt or legal duty. Liens may be judgment liens, mechanics' liens or tax liens. more...

JUDICIAL CONFLICT OF INTEREST
Our legal system requires a fair and independent judiciary. In order to maintain public trust in our system of justice, judges must conduct themselves in an ethical manner. There are codes of conduct, which set standards of behavior for state and federal judges. These standards are aimed at assuring the impartiality of judges and reducing the possibility of conflicts of interest. more...

ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution (ADR) refers to an informal process for deciding civil disputes outside of the courtroom. The two main forms of ADR are mediation and arbitration. Any type of civil dispute, including product liability actions, contract suits, and probate cases, can be mediated or arbitrated. more...

IMPAIRED DRIVING-- DRUG USE, ALCOHOL USE, AND ROAD RAGE
A driver's primary responsibility is to safely operate the vehicle. Impaired driving occurs when a driver is distracted and his/her ability to perform the task of driving is reduced. Driving can be impaired by drug use, alcohol use, fatigue, and cell phone use, along with anything else that distracts the driver. This article discusses impaired driving because of drug and alcohol use. Road rage is also covered in the article. more...

GAG ORDERS
Trials involving celebrities or particularly gruesome crimes are considered high-profile cases because of the media attention that follows such cases. With so much publicity, it becomes a challenge to guarantee a person's constitutional right to a fair trial. more...