- While laws in the traditional sense are based on the work of legislators, common-law systems are based around the decisions made by judges and the court system. Using precedence as a determining factor, common laws are based on what has been accepted or regulated by the courts in the past. Common-law marriage goes back to the days when the America was a British colony, as common-law was traditionally used in England and throughout its colonies. Today, there are 11 states that still recognize common-law marriages. These include Alabama, Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah and Washington, D.C.
- Common-law marriages vary dramatically from state to state. In some areas, couples who live together in an exclusive relationship for a period of time are considered married in the eyes of the law. This time period can range from 6 months to 3 years or more. This law is most applicable when it comes to the death of one partner or the dissolution of the union. At death, common-law marriages help protect the assets of the couple and the rights of the surviving spouse. When the couple decides to separate, common-law marriage helps protect both partners, and ensures all assets and childcare is divided appropriately.
- Common-law marriage statutes in each of the 11 states that allow it have different requirements for this type of marriage. A couple who meets these requirements is considered legally married. If this couple moves to another state that is not one of the 11 common-law marriage states, they are still considered married. This is due the “Full Faith and Credit” principle, where laws of one jurisdiction are fully recognized in another. A couple living in an area that does not recognize common-law marriage could also briefly move to one that does, declare themselves married under that state’s law, then move back to their home state as common-law husband and wife.
- The most prevalent misconception regarding common-law divorce is that it works the same way as common-law marriage. That is, a couple who lives apart for a certain amount of time and has the intent to divorce will be considered divorced in the eyes of the law. This is false in every single state. Common-law divorce simply does not exist. Couples considered married by common-law marriage statutes must complete the traditional divorce filing process, including the division of property, alimony, child support and custody proceedings.
- With common-law divorce, as with any divorce, there are ways to make the process simpler and more affordable for both parties. First, try and divide property and other assets in a way that both partners can be satisfied with. This will eliminate the need for costly and time-consuming court cases. Second, work out a childcare arrangement before heading to the courts. Finally, consider using a mediator instead of going to a divorce court. A mediator can perform simple divorces quickly and effectively when most major decisions related to the union are not in conflict.
If you have been harm inside an incident, you should think about submitting states obtain payment for that accidents. Injuries statements are around for anyone who is experiencing accidents, bodily or even psychological, due to the carelessness associated with other people. So that you can successfully gather payment for all kinds of harm or even accidents, it is recommended that you just use the service of a personal injury attorney.
Carelessness regulations enable any kind of target in order to signify on their own in the courtroom. Nevertheless, the process can become pricey as well as possibly mind-boggling. To start with, you need to begin the process promptly to avoid refusal due to law associated with limitations. A lot more, you will be required in order to show your own declare, which means you have to show just what the accused do incorrect. Sadly, since the complainant, the actual accused combined with the charged insurance carrier is actually towards a person. The insurance coverage supplier will see loopholes as well as differences within your scenario and offer you under feasible wishing that you will take.
Victims might document statements with regard to circumstances, for instance automobile mishaps, drop instances, faulty item instances, as well as manslaughter. Inside the work to collect with regard to damage, the actual target should show their own declare through not only accumulating proof, but in addition using a good attorney for injury. Using a good personal injury attorney is usually the initial kind of protection because they are educated concerning carelessness regulations as well as the insurance carrier knows the great end result.
When selecting an competent personal injury attorney, ensure that the actual prospect is correctly educated as well as certified. The actual injury lawyer is required to achieve a distinct segment accreditation plan that is certified with the American Bar Association. The actual attorney for injury must have handed a good itemized club evaluation following going to a professional legislation college. A good itemized mentality evaluation signifies the right attorney sticks in order to rigid requires associated with lawful integrity along with basic rules associated with carry out whenever reaching customers. Moral injuries attorneys devote on their own to guard their clients discernment and possess their utmost fascination with thoughts.
A powerful carelessness legislation lawyer is actually familiar along with accidents legislation. A skilled injury attorney may also be educated of each fine detail in the insurance coverage legislation, that’s crucial facing insurance firms. All through accidents instances, the insurance coverage supplier is utilized through the accused consequently they may try and betray you together with refuse or even decrease entitled payment. Because of this you have to use a personal injury attorney to guard you from additional carelessness.
The statements lawyer can do all the original and recurring suit your needs. The actual attorneys tend to be required to arrange as well as publish just about all lawful paperwork along with take good care of the research to file for with regard to as well as negotiate your own declare. The very first objective is always to negotiate pretty, the actual personal injury attorney would like to simply accept claim they can test inside the scenario associated with inadequate negotiation or even unjust termination.
There is no option for you personally within having an efficient injury attorney with regards to submitting negotiation statements. Keeping the actual assistance from the accidents attorney can lead to the faster plus much more considerable negotiation. Especially, in the event you appear, you may be subjected to substantial courtroom expenses as well as enormous insufficient income. The majority of individual statements attorneys concentrate on the backup charge foundation, that means they do not get paid out except if money is actually given.
Using an efficient attorney for injury is actually substantially beneficial. The actual assistance that you will obtain within the attorneys gives you the fulfillment and you will be in a position to focus on your own accidents. Personal Injury Attorney is extremely faithful and use lawful integrity facing his clients.
- Submit a case for adjudication by a marriage tribunal of the Catholic Church. Each diocese of the worldwide Catholic Church provides the services of a Tribunal, manned by a staff of “trained priests, deacons, religious and lay persons” (see Reference 1). In its adherence to the canon law of the Church, a tribunal will examine evidence carefully before rendering a legally valid decision. The primary work of any investigation by this tribunal will be to determine whether a marriage that later resulted in divorce should receive a Declaration of Invalidity.
- Recognize the necessity of an annulment. The Catholic Church views divorce as a grave offense of natural law, based on the teachings of Jesus Christ, who states unequivocally, “Anyone who divorces his wife and marries another woman commits adultery, and the man who marries a divorced woman commits adultery” (Luke 16:18). Thus, the church maintains firm regulations with regard to divorce and remarriage. The church presumes that any civil marriage that results in a divorce continues to remain a valid union. However, in certain cases, an “annulment” establishing a marriage’s invalidity may be granted to persons who are seeking to become Catholics following the dissolution of their marriage (see Reference 2). An annulment should be interpreted not as a decree of divorce but rather as a decree of invalidity.
- Apply for an annulment. Declarations of Invalidity may be dispensed for a variety of reasons, including misrepresentations made by a partner during a wedding ceremony (such as evidence of infidelity) or if neither member of a marriage was a Christian prior to taking vows. If you are applying for an annulment, you will want to seek the counsel of a priest, who will be able to provide more information about prerequisites for an annulment. This process will also require you to review and to sign paperwork. Ultimately, the burden of proof of the necessity for an annulment will rest on the person who is submitting this essential paperwork.
- Develop a positive relationship with Jesus Christ. The Catholic Church bases its doctrine on the teachings of Christ, and if you are interested in becoming a member of the church, you should develop an understanding of Christ’s teachings rather than simply receive counseling from leaders within the church. By focusing on aligning yourself with Biblical principles, you will become spiritually equipped to cope with the formation process of the Catholic Church.
- Undergo the formation process. Regardless of whether a person is divorced, married or single, she must undergo a gradual initiation process called “formation.” In order to learn how to observe the liturgical year of the Catholic Church, prospective Catholics are instructed to engage themselves in service to the church through prayer, training and personal growth. Following this extensive formation process, a person will be evaluated by members of the Church and may elect to receive a Catholic baptism.
- Canon law has its roots in the early Roman Catholic Church, initially being developed during the First Century A.D. at the Council of Jerusalem. The canon law of the Roman Catholic Church, having been used for nearly 2,000 years, is the oldest legal system to be found in the Western world. At the height of the Holy Roman Empire, canon law governed not only matters pertaining to the church but civil issues as well because the Catholic Church (in the person of the Pontiff) was both a religious and governmental authority.
- The Codes of Canon Law of the three religions mentioned a moment ago govern the religious and to a significant degree the personal lives of the members to these churches. The Roman Catholic Church alone has more than 1 billion members worldwide. As a consequence, the individual Code of Canon Law of these churches theoretically has a significant impact on the lives of a large segment of the world’s population.
- Although the function of canon law has evolved over time, in today’s world canon law governs the organization of the church itself. Canon law sets forth the manner in which members of the church are to conduct themselves not only in their relationship and interaction with the church but in their personal and civic lives (to some degree) as well.
- The ultimate effects of canon law have been profound. Not only does canon law remain a vital code pertaining the lives of hundreds of millions of Christians all over the globe, all Western legal systems ultimately can trace their origins to early canon law. This includes both civil and common law legal systems as they have developed throughout all of Europe and North America.
- There are two common misconceptions associated with canon law. First, many people wrongly assume that canon law largely is irrelevant today. What these individuals fail to understand that it is canon law is controlling the manner in which the largest group of Christians in the world worship and conduct their spiritual affairs. Second, other people believe that the heads of churches that adhere to canon law–specifically the Roman Catholic Pontiff–dictate all elements of canon law and are infallible when they make decisions in this regard. In fact, the last Pope to make a statement deemed to be infallible and an absolute matter of faith was Pius XII in 1950.
Employment law is changing almost constantly. Some changes will have no bearing on your business, but many will, and it is the company’s responsibility to stay up to date rather than someone else’s responsibility to keep them up to date.
Not keeping your eyes on changes to employment law can have huge effects from litigation to a company totally failing should they not adhere to a newly introduced law of some kind or another. So how do you ensure you are totally up to date with changes that may occur?
On average, an individual’s sickness absence costs an employer £659 a year and is equivalent to 8.4 working days lost.
How absence costs a business:
Overtime to cover
Replacement temporary staff
Reduced / delayed production
Lower quality or levels of service
Management time dealing with issues
Increased pressure on other employees
Low morale and general dissatisfaction
Deciding on action
Investigate the reasons for absence or lateness before deciding on any action. Is there a pattern or related problems – e.g. at home, at work place, with their health etc? Remember unauthorised absence is misconduct.
Managing short-term absence
Ensure the employee follows your company absence reporting procedures. Conduct ‘Return to work’ interviews for every absence, establish the reasons for the absence and any underlying causes. Agree an action plan, set a date for review and outline implications of failure to improve.
The importance of information
Keep accurate records of lateness and absence – it is about what you can prove, not what you think you know.
It is potentially fair to dismiss someone for sickness absence. Case law distinguishes different approaches for short term ‘persistent intermittent’ sickness absence and long term sickness absence. However, beware of disability discrimination – an accusation of this is serious as potential damages at tribunal for discrimination are unlimited. Ensure that that your processes being applied equally, any disability is given due consideration and any religious requirements considered.
Seek expert advice from a specialized employment law consultant before dismissing an employee for sickness absence.
Why manage performance?
Because it makes financial sense! It can improve employee engagement, customer satisfaction, safety, and your business company reputation.
What if I don’t ?
It can lead to poor morale, demotivated employees, reduced productivity, increased absence and staff turnover, and possibly expensive legal consequences.
Examples of poor performance
Not adhering to Company standards, policies or procedures, inaccuracy and lack of attention to detail, poor attitude towards management and colleagues, missing deadlines, lack of commitment, motivation and initiative.
Not being shown correct procedures, lack of proper training, not knowing what’s expected, working under unreasonable pressure, following someone else’s bad example, personal problems.
Conducting a Performance Review
Prepare for the meeting. Specifically state the areas where the performance does not meet the required standard. Establish the reasons – discuss, listen, ask for ideas to solve the problem. Identify the next steps, agree an action plan and a review date. Then monitor and support the employee’s progress.
Performance Management Skills
Performance management is easy to do badly – and done badly it can cause more damage to your business than if it is not done at all. Conversely, done well it can help transform a poorly performing workforce. If you’re at all unsure, ensure you do it well by obtaining professional advice and training.
The above is intended to provide information of general interest about employment law but does not give legal advice. Seek advice from qualified employment law specialists.
An assisted living facility will benefit the senior and the senior’s family.
Those individuals who have reached retirement years often enjoy a lot of independence, but they may also begin to have difficulty making sure that they are taking proper care of themselves. This is particularly the case as the years pass, and they may find that they are confined to their homes, unable to do anything many of the things for themselves that they used to do. This is not only depressing for the senior, it is also distressing for their family. In addition, health risks to the individual increase, particularly if they have problems with falling or if they are not taking their medication properly. A retirement facility, however, has many benefits that can help individuals live out their golden years in the comfort and with a greater level of independence.
What are some of the benefits of using one of these assisted living facilities?
The first thing to be understood is that there is a difference between an assisted living residence and a nursing home. Rather than being confined to a room, with very little independence, many of the assisted living facilities offer services with just the right level of support to give the senior resident some self-sufficiency. One of the most important benefits of this type of environment, for the senior, is security and safety. This is especially true for those with some degree of physical impairment where assistance is available to ensure the senior has all the independence that he or she is able to enjoy.
When your senior loved one lives in a retirement home, you can rest assured they are getting meals on a regular schedule.
Nutrition is often a concern for individuals who have entered this time of their life, many do not get the proper nutrition when they are living on their own. It can also be very difficult for seniors to be able to get out and shop for groceries that they need as well. In an assisted living residence, however, there is access to regularly scheduled nutritious meals. Restaurant style dining not only supports good nutrition but is an important aspect of socialization and creates a family atmosphere.
No need to worry about a messy room or dirty clothes when living in an independent living facility.
Housekeeping is often difficult for many seniors, but that problem is overcome when living at a retirement facility. The housekeeping is done for the resident. Friendly staff members regularly straighten and clean the residents’ rooms. A clean room, as I’m sure that you’re aware, is a healthy room, and it can really help to make a difference in the overall health of a senior when this cleaning is done on a regular basis. In addition, the housekeeping staff at the retirement facility will make sure that the residents are taken care of as far as laundry is concerned. On a regular basis, you can arrange for clothing and other laundry to be picked up in order to be cleaned and returned to your loved one conveniently.
More reasons to consider an assisted living facility for your parents or senior loved one.
Many seniors who have entered this stage of their life are unable to drive. The independent living facility gives your loved one access to the transportation that is necessary for you to make sure that they make their appointments as well as to get out shopping regularly. This transportation offers a considerable amount of freedom, and provides a solution for loved ones who are responsible for transporting the senior.
Finally, don’t overlook the health related care that is available through a retirement facility. Trained staff are available to provide assistance and medication. Of course, not everyone will need constant care when entering a retirement facility, but it’s nice to know that it is easily accessed.