Essay on "Equitable Remedy Applications Equity Remedies"
Essay 2 pages (709 words) Sources: 6
[EXCERPT] . . . .
When a citizen helps a police officer contain a suspect for arrest and the suspect gets harmed, it could be deemed as battery, but would be justified because the citizen was aiding an authority in law.More people are deciding to live together instead of marry due to stronger focus on career, economic reasons, living together is viewed as a safer first step, or not wanting to repeat mistakes of divorced parents (Morello, 2011). Common marriage laws help to reduce this problem, depending on the individual state laws. A couple could be legally deemed as married in as low as six months, making it mandatory for legal divorce proceedings if they separate.
Alimony is usually received in payments, rehabilitative (temporary), reimbursement (for a set amount), permanent (until death or remarriage), and can be received by lump sum (The FindLaw Guide to Spousal Support). Lump sum payments can come discounted and alimony can bring tax consequences. If garnishment is involved, employers have the responsibility of forwarding payment to the spouse, which can leave less income to meet expenses.
In the case of Lehr vs. Robertson, (Jonathan Lehr v. Lorraine Robertson, 463US, 248 (1983), 1983), the father's rights need to be restored by a court order. The father has due process rights and equal protection rights under the constitution. His rights were violated by not being given the right to present his own case and facts.
Bibliography
Jonathan Lehr v. Lorraine Robertson, 463US, 248 (1983). (1983). Retrieved from Family Law: http://www.kylewood.com/familylaw/lehr.htm
Harper v. Poway Unified School Distri
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Mala in Se and Mala Prohibitum Distinguished. (2010, May 24). Retrieved from Law Giants: http://www.lawgiants.com/2010/05/mala-in-se-and-mala-prohibitum-distinguished
What is an injunction? (2013). Retrieved from Free Advice: http://freeadvice.com/litigation/legal-remedies/what-is-an-injunction.htm
Farlex. (n.d.). battery. Retrieved from The Free Dictionary: http://legal-dictionary.thefreedictionary.com/Battery
Morello, C. (2011, December 14). Married couples at a record low. Retrieved from The Washington Post: http://articles.washingtonpost.com/2011/12-14/local/35287431_1_couples-decline-in-marriage-rates-median-age
The FindLaw Guide to Spousal Support. (n.d.). Retrieved from FindLaw: http://images.findlaw.com/pdfs/spousalsupport_miniguide.pdf READ MORE
Quoted Instructions for "Equitable Remedy Applications Equity Remedies" Assignment:
“Please respond to the following apply source: Equitable remedies are judicial remedies developed and granted by courts of equity and still available today in common law jurisdictions. Discuss the application of one of the three classes of injunctions to a medical malpractice situation.
In the review case Tyler Chase Harper v. Poway Unified School District, Kozinski, the Circuit Judge dissenting writes: “I believe we must also address Harper's claim that he is entitled to an injunction against the school's harassment policy on grounds of substantial over-breadth”. Interpret the injunction being used in this case and defend why it would be the appropriate choice. http://www.iclrs.org/docs/Harper%20v.%20Poway%20Unified%20School%20District.pdf
Crimes are often classified into two major categories: mala se prohibitum (i.e. wrong [as or because] prohibited) and mala in se (i.e. wrong or evil in itself). Provide an example of each and explain why it fits the category.
Battery is defined as touching another person without his or her consent. Create a situation that may lead to a charge of battery by one person unto another. Defend the position that there may be circumstances when battery may be justified.
Over time there has been a decline in marriage rates. Determine what kind of legislation could slow the decline and draft a sample law that addresses this.
Alimony is defined as a court-ordered support payment from an economically strong spouse to an economically dependent spouse as the result of a divorce decree. Choose the role for yourself in either of those economic situations and defend your position as to how you would decide to provide or receive support in a relationship that is terminating.
Identify and discuss methods to end a spousal relationship. State the potential repercussions these methods could have on the community. On employers? On financial situations?
The case, Lehr v. Robertson referenced, examines the state’s protections of parental rights with regard to an unmarried father’s inchoate relationship with a child whom he has never supported and rarely seen in the two years since her birth. Consider how you would support restoration of the father’s visitation privileges and provide an argument to do so. http://www.kylewood.com/familylaw/lehr.htm
How to Reference "Equitable Remedy Applications Equity Remedies" Essay in a Bibliography
“Equitable Remedy Applications Equity Remedies.” A1-TermPaper.com, 2013, https://www.a1-termpaper.com/topics/essay/equitable-remedy-applications-equity/8835254. Accessed 1 Jul 2024.
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