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Posts made in January, 2015

The Legal Right of an Individual to File a Tort Suit against His/Her Own Spouse

Posted by on Jan 30, 2015 in Marriage | 0 comments

It was not until the latter half of the 19th century, when the Married Women’s Property Acts or Married Women’s Acts was passed into law, that some US states began to slowly terminate the common law unity of a husband and a wife and recognize the legal rights of married women, allowing them, henceforth, to contract, hold and defend their property interests and, most importantly, to sue their husband for whatever legal reasons (many other legal rights of married women were, of course, recognized during this time).

Prior to this, the legal existence of women, by virtue of her marriage, was either suspended or consolidated into that of her husband, under whose person she got her identity and the right to perform all other things. Thus, in case someone were to file a lawsuit against her, then it will be her husband who will be the defendant; in the same manner, if she were the one to pursue a legal case against another, then it will be her husband who will act as the plaintiff.

This marital condition, wherein the legal identity of a couple was placed totally in the person of the husband, was called a woman’s “coverture.” And, due to the spousal unity or single legal identity of a husband and wife, the doctrine of interspousal immunity, the common law that forbade spouses from filing tort lawsuits against one another, became to be accepted. Based on this doctrine, a married woman can never sue her husband for reasons of personal injury (resulting from negligence) since it would be absurd for the husband to be both plaintiff and defendant simultaneously; in other words it is unthinkable that a husband would file a personal injury lawsuit against himself.

Between 1920 and 1940 many US courts began the partial abolition of interspousal immunity – a result of the increased and broader reading (and deeper understanding) of the Married Women’s Acts. Despite this bold move initiated by some states, many persevered in recognizing the common law doctrine, rationalizing that: while an interspousal tort lawsuit would certainly only disrupt marital tranquility, immunity will surely preserve marital harmony; spouses may only connive to engage in fraudulent liability insurance claims; instead of filing a tort suit, an injured spouse should rather pursue divorce or a criminal charge as alternative remedy.

Though these arguments prevailed in many courts in the past, many also began abandoning these eventually, so that by 1970 majority of US states began allowing intentional tort suits which pit spouses against each other. While the rule of immunity may still be observed in specific situations, its abolition in the area of tortuous suits is already total. To date, Louisiana is the only state that has retained the doctrine of interspousal tort immunity.

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Bankruptcy: Breaking the Misconceptions

Posted by on Jan 8, 2015 in Bankruptcy | 0 comments

There are a lot of misconceptions that surround the idea of filing for bankruptcy. It is most commonly associated with destitution or absolute poverty, marking total financial failure. No one wants that and, more importantly, nobody wants to go on record saying that they are, legally, a failure. This, however, is simply not true. If you are at a point wherein the bills and debt payments are getting too overwhelming and your lifestyle cannot be supported by your income while accommodating these payments, then bankruptcy could very well be the solution you’ve been looking for.

Depending on the kind of bankruptcy you want to file for, there are some types of bankruptcy that you need to be qualified for in order to file for it. Legal assistance comes into play here because every situation is different from the last and each individual case needs to be properly assessed by someone who knows their stuff about bankruptcy law.

According to the website of bankruptcy lawyer Erin B. Shank, P.C., there are four common types of bankruptcy that people apply for. There is Chapter 7, a type best suited for those with unsecure debt; there is Chapter 11, which is mostly favored by business owners; there is Chapter 12, favored by fishermen and farmers due to its more simplistic procedure; and there is Chapter 13, applicable to both individuals and business owners.

What case is better for you is one that can be better explained and assessed by a legal expert, due to the complicated legal nature of this claim. However, you can rest easy knowing that there are actually quite a lot of attorneys, paralegals, and other law practitioners in this field who have had to file for bankruptcy themselves. This gives them the unique perspective from the other side of the door, empowering the legal team you choose into properly representing you, in order to give you the best financial plan that is most suitable for you. The right legal team could set you on the right track to your financial freedom!

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