What Is Family law

This is an area of law that deals with family issues such as: marriage, divorce, abuse, property settlements, parental responsibility, child custody, child support, and paternity fraud amongst many others. The most common practices areas are divorce, child support, child custody, visitation, paternity and adoption. Family law attorneys can handle other issues such as pre-nuptial agreements, post-nuptial agreements, mediation, annulments, spousal support, abandonment, and orders of protection.

In the 1970’s family laws definition changed rapidly. The areas that came across the most change was divorce, child support and child custody. In 1987, no-fault divorces have been adopted and this made dealing with divorce much easier to handle. Child custody had originally been given to the mothers, but as the roles of fathers developed, laws changed to allow father custody and then eventually joint custody. Family law today is increasingly become about the needs, rights and welfare of children. The family law act 1975 outlines the objects and underlying principles to ensure that the children’s best interests are met. These objects are to protect children from physical or psychological harm, and from being subjected or exposed to neglect, abuse or family violence.

Skills and knowledge needed to be a family law lawyer:
*Litigator and negotiator skills
*Time management skills
*Counselling skills
*Accounting and financial knowledge
*People skills
*Communication skills
*Property law
*Criminal law
*Medical law
*Law relating to human rights
*Be familiar with social and biological sciences- human psychology and reproductive technology
*Remain optimistic
*Being reactive as well as proactive
*Attention to detail
*Commercial awareness
*Interpersonal skills
*Patience

The primary objective is to make sure that the client’s best interests are protected and to achieve a fair outcome as quickly as possible, but also making sure to be sensitive the people’s feelings involved. There’s more than just being a lawyer, you help the client through one of the most difficult and stressful times of their life.

Choosing your divorce lawyer:
They should have experience in handling divorce cases in your area. You want them to have relationships with other local attorneys. They should practise mainly family or divorce law. The best way to find out how experienced an attorney is to ask how many divorce cases they have taken on and won.

Disobeying Natural Law

Freedom is a Western concept. Freedom of expression, association, economic choice, and freedom from arbitrary rule and violence is essential. Part of the greatness of civilization is the containment of uncivilized behavior and instincts. Culture, guilt, shame, quality, expectations all these and more play decisive roles in shaping behavior. Natural law, which few discuss and fewer know about, is a key basis for Western civilization. Yet the media; the elite; the educational experts [an ironic oxymoron there]; and even the church and most parents have no idea what this important concept means. Hence the rise of everything from gay sex in public, to Britney Spears kissing Madonna on stage, to the decline of real Conservatism’ in public affairs. Ignoring natural law and high standards leads to social degeneration.

What is natural law and why should anyone care? Natural law is the application of reality and common sense to our world. In short the reality of our existence gives us a framework or set of rules to live by. Contravening or breaking that reality or its rules will cause problems. Reality is not something that social engineers; toothy politicians; rich entertainers; or cultish freaks can bend to their will, any more than a human can reverse the incoming oceanic tides. Natural law is not an abstract metaphysical discussion it is rooted in the here and now.

Why should you care? You should care if you believe in civilization; higher culture; intelligence and strong families. You should care if you are tired of a political system that glorifies degenerate and obscene behavior. You should care if you are worried about the ill-effects of runaway feminism; gay rights; Islamic intolerance; broken families; and rising crime rates all funded by tax dollars. You should care if you recognize that these issues and many others are manifestations of systemic’ failure. To put it more simply you should care if the disturbing social trends we see around us, mean that natural law premised upon common sense is in decline.

Natural law is not a concept of irrationality. It is made up of three key ideas that have helped Western civilization develop. First there are rational laws to explain the makeup of the universe. Second morality and ethics should reflect the make up of these laws. Third the creation and maintenance of society should reflect natural and moral law.

The idea that the universe operated in a rational lawful’ fashion comes from the Greeks. The ancient Greek’s believed that the universe was governed by eternal and unchangeable laws. Since this universe was natural and rational society should reflect these natural laws. Since humans are endowed with reason they could discover and obey these natural laws that managed reality. For the Greeks, since humans could use logic in their lives they could follow nature’. The most admired and detailed philosophers in the ancient Greek world of the above ideas were the Stoics’, whose approach to living and developing society gave rise to Stoicism’ which greatly influenced Roman and later Western European thought.

The Christian philosophers of the middle ages took the Stoic’ idea of natural law and built on it. The greatest of these thinkers was the 13th century theologian Thomas Aquinas. For Aquinas natural law is part of the eternal law of God [the reason of divine wisdom’]. Humans can understand God’s natural law through reason to create a society of positive laws’. Human [or positive law], is the application of natural law to particular social circumstances. It sounds complicated but the framework is pretty simple to understand. Like the Stoics, Aquinas believed that a positive law which violates a natural law is not true law but a human lie that would create societal problems.

Aquinas’ ideas were enhanced by thinkers during the Western Enlightenment. The 17th-century Dutch legal theorist Grotius believed that humans by nature are not only rational and sane, but social. He felt that humans would only develop rules that were intelligent and natural’, not ones that were counterproductive and unnatural. By so doing humans can regulate interaction and live in relative harmony with one another. From this argument, Grotius developed the first comprehensive theory of international law.

From Grotius’ ideas it was but a short step to the idea of a natural right’. The 17th century political scientist John Locke argued that human beings in the state of nature are free but usually quite unequal, leading to a tyranny by the few over the many. When a human enters society he should only surrender those rights which are necessary for his own security and to help provide harmony for the common good [Grotius’ idea]. According to Locke a man’s natural rights should never be given up and these would include; private property rights; the right to safety from terror or force; and the right of self-determination. Locke’s ideas on natural rights theory provided a philosophical basis for both the American and French revolutions. Thomas Jefferson used the natural law theory to justify his trinity of inalienable rights’ [life, liberty and the pursuit of happiness], which were stated in the United States Declaration of Independence.

With the rise of post-modern’ theory and moral relativity the certitude of Locke, Grotius, Aquinas, St. Augustine, the Stoics, Seneca and others has fallen into disrepute. How is this relevant in our world? The American Declaration of Independence is correct life, liberty and the pursuit of happiness should be the natural right of any man or woman. Yet this does not mean that the US founding fathers were advocating hedonism. Quite the contrary.

Natural rights to property, person, and self-determination mean: a limitation on government and what they can steal; security and social peace; strong families to nurture culture; a reduction in social pathology, deviancy, crime and anti-social behavior; and lastly a respect for culture mores and institutions that generate the above and lead to high culture and cultural flowering.

None of those ideals are a part of the social-political discussion today in any real sense. Gays and feminists unrelentingly attack the family. Private property theft now approaches 50% of earned income. Living standards have doubled in the past 50 years but so has crime. Brutally pathetic low cultures have formed entrapping whites, blacks, other minorities and the insecure, uncaring or lazy. Anti-social behavior from clothing to Islamic intolerance should now not only be tolerated but protected. All of these destroy natural rights, and all are funded and supported in part by governments; politicians and their associated power bases of lobby and money support.

History never exactly repeats itself, but perhaps brilliant minds before our age have a thing or two to teach us about what makes a society rich in the spiritual, intellectual and material worlds we inhabit. Repeating past mistakes and ignoring natural law indicates a certain type of collective social insanity has achieved power. It is just remarkably sad how Jefferson’s trinity, and the moral precepts of men like Aquinas, Locke and Grotius are submerged in the immoral post modern relativity which passes for intelligent political discourse.

Mandatory Sexual Harassment Training Laws In California, Connecticut, And Maine

Though all states have laws prohibiting sexual harassment on the job, California, Connecticut, and Maine take the step from reactive to proactive by mandating sexual harassment training for supervisors to prevent sexual harassment before it begins. While the three states training measures are similar, there are also significant differences in the specifics. Californias mandatory sexual harassment law (AB 1825) provides detailed requirements for harassment training requirements far more stringent than those of Connecticut and Maine. AB 1825 calls us to a new level of accountability that will undoubtedly influence sexual harassment laws across the nation, said Stephen Paskoff, president of Employment Learning Innovations, Inc., a workplace training firm based in Atlanta. It puts education on the front burner and acknowledges it as any companys best defense against sexual harassment claims.

While each of the states laws designates which companies must provide harassment training, Maine requires the training at companies of only 15 employees or more. Both California and Connecticut specify that companies employing 50 or more employees conduct the training. In this instance, Maines law is more stringent than the other two states. Maine is also more stringent is designating which employees must complete the training. Both California and Connecticut require training for employees with supervisory authority only, while Maines law requires sexual harassment training for all employees, regardless of their positions.

In many areas, however, Maines mandatory harassment training is more lenient. For instance, Maine does not specify the qualifications of a trainer; individual companies are at liberty to choose trainers. In contrast, California and Connecticut require qualified trainers. Connecticut allows a great deal of latitude by designating trainers as individuals employed by the company or other persons who agree to provide the training. California law, however, includes stringent details describing trainer qualifications. Qualified personnel include the following only:
Attorney
Human Resources professional
Harassment prevention consultant
Law school or college professor with knowledge and experience in the prevention and/or handling of harassment, discrimination, and retaliation claims

Paskoff said that by raising the bar on trainer qualifications, California sends a clear message to employers: check the box training is no longer acceptable. A paragraph in an employee handbook, a reminder in a newsletter, an obligatory lecture at a department meeting none of these constitute sexual harassment training. Instead, employers must invest their resources in highly trained professionals with both the knowledge and skills to effectively train and assess participants.

In addition to trainer qualifications, Maine is also more lenient in the areas of documentation. Maine requires no documentation of sexual harassment training, while Connecticut simply encourages documentation. In contrast, California requires it. Again California holds its employers and supervisors to a new level of accountability. In addition to basic documentation that includes the names of the participants and trainers, AB 1825 requires an employer to give each supervisor a copy of its anti-harassment policy and to obtain documentation from each supervisor acknowledging receipt of the policy. The company must then maintain the documentation for two years.

One distinguishing element among the three states harassment training laws is Californias requirements regarding teaching methodology. These requirements set a uniquely high standard. The methodology must include the following elements:
Questions that assess learning
Skill-building exercises
Discussion questions that actively engage participants in the learning process
Questions that assess learning success
Hypothetical situations and scenarios that are true-to-life
Memorable strategies for reporting and preventing sexual harassment
Opportunities for participants to ask questions and receive prompt answers

While both California and Connecticut state that the mandated training must be interactive, Californias training law goes to great lengths to describe exactly what constitutes an interactive approach. AB 1825 forces employers to do more than just pass on information to employees and hope they remember it. Instead, Californias training participants have every opportunity to understand the concepts and absorb them into their own professional values. In addition, companies bear the responsibility of choosing materials that fulfill the methodology criteria and using trainers who can effectively administer it.

As for course content, the three laws have the following content in common:
Definition of sexual harassment
State and federal statutory provisions concerning sexual harassment
Types of conduct which constitute sexual harassment
Employers obligation to investigate
Remedies available to victims

AB 1825, however, also mandates the following course content:
Limited confidentiality of the complaint process
What to do if a supervisor is personally accused of harassment
How to use the essentials of an anti-harassment policy if a complaint is filed
Fully detailed anti-harassment policy provided by each employer
Supervisors acknowledgment of receipt of the policy

The additional requirements in the California law focus directly on supervisors. Once supervisors complete the training and acknowledge receipt of an anti-harassment policy, they are fully accountable for knowing and applying the policies correctly. If a sexual harassment complaint arises, they can neither plead ignorance of the law nor accuse the employer of failure to provide policy. These measures empower employees who file sexual harassment lawsuits, thus laying the groundwork for successful prosecution of offenders.

The sexual harassment training measures are positive tools, but their real effectiveness lies in their reinforcement efforts. Paskoff said, Whereas Connecticut and Maine only require supervisors to undergo sexual harassment training once, Californias AB 1825 recognizes that the most effective learning comes from education that is continuously repeated and enforced until it is fully integrated into the day-to-day work life. To that end, Californias sexual harassment training requires supervisors to repeat the training every two years.

Property Law News Has Got Prime Importance

However, in the legal sphere, the term is in the real standard use in the area of law known as the real estate law – the law applies to all the various matters relating to the entire property market.
The value of a particular property market itself is really vast whether it is any country of the world. Across the developed countries in the year 2002, The Economist estimated that the market to be worth $68billion therefore also valuing it at 17% more than the total financial assets of these particular countries. What’s more, for the individuals or the companies which are involved in the market, property often amounts to their biggest single asset and in the case of the residential property, more pertinently and emotively, their home. The property law news surrounding the real estate is therefore often very complex and the stakes dealt with are excessively high.
As mentioned above, the real estate in a broad sense which equates to what we term as the property in everyday parlance. More specifically however, it actually refers to what is known as the immovable objects which are owned by a party as opposed to the moving objects that the party can take with them. In reality, this definition covers all the major objects such as the land, the buildings thereon and other various static objects which are particularly attached to the land like the building including the crops and other natural resources found on that land. Conversely the objects which are not very static come under the banner of the possessions.
In addition to the various physical elements of the property, the term also covers the various rights that come with the ownership of that particular land such as the right to access it, to mine it, to fish it etc. In some of the legal contexts, and particularly in the country of UK, the term can be very well supplanted with the term real property and instead the real estate can be used, for example under the probate law, more specifically to refer to a persons share in the property or the real property at the time of their death. Property law is therefore the area of law that particularly deals with these estates/properties, the immovable objects that are attached to them, any interests in them and the rights that come with them, although it can reach slightly outside of this brief when dealing with the various legal issues surrounding the portable homes such as the boats, caravans and the mobile homes. It also comes under the wider area of the law which is known as the property law, and it concerns the rights that people have two objects that belong to the people, and falls mostly under common law. Property law news published in various prominent mediums can be followed in order to keep a track of the latest updates and happenings.

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