Former West Bladen star arrested Sep 16, 2008
The teens were charged with common law robbery, assault inflicting serious injury and possession of stolen property. Cpl. Kip Gaskins of the Greenville Police Department said a Greenville bike officer was flagged down about 2:25 a.m. Sunday by a woman who said a man had been assaulted. (Elizabethtown Bladen Journal, NC)
Single boomers face cash-flow woe Sep 16, 2008
A Statistics Canada report released last week showed only 54 per cent of single boomers nearing retirement are certain about the timing, compared with 60 per cent of those married or in common law relationships. And only 55 per cent are confident in their retirement savings compared with 72 per cent of boomers who are not single. (Globe and Mail)
LETTER: Jefferson really believed power came from God Sep 12, 2008
The Question wrote on Sep 11, 2008 12:12 PM:" Or this quote:"Christianity neither is, nor ever was a part of the common law. "-Thomas Jefferson, letter to Dr. Thomas Cooper, February 10, 1814, letter to Horatio G. Spafford, March 17, 1814 ". (Mattoon Journal-Gazette, IL)
Abortion reform bill passed in Victorian lower house Sep 12, 2008
Current practice relies on common law and a 1969 Supreme Court ruling that outlines when abortion is legal. About 20,000 abortions a year are performed in Victoria. (The Canberra Times)
The Seventh Anniversary Sep 11, 2008
Intelligence information is also barred by common law rules on indirect hearsay and because sources and methods would be revealed. Despite the discovery of "martyrdom" videotapes--and a bomb design using an instant camera trigger and liquid explosives imported from Pakistan--these five defendants will be sentenced only for conspiracy "to create a public nuisance" in the plot to destroy seven airliners. (Forbes)
AOL puts heat on alleged Sunshine State spammers Sep 11, 2008
The giant Internet service provider said it brought the case in the U.S. District Court of Florida, Orlando Division, because the so-called "Sunshine State spammers" violated the Virginia Computer Crimes Act, the federal and Florida common law, by sending an avalanche of to its subscribers. In the suit, AOL seeks damages of $1. (Yahoo News -- AOL & Time Warner)
Bill gives clarity on company directors' duties Sep 11, 2008
The bill codifies the common law duties and includes a simplified version of the statutory duties set out in the two previous acts. There are, however, additions in the bill that extend directors' duties and liabilities. (Business Report, South Africa)
Depositions Taken In Anthrax Case Sep 10, 2008
Both asserted a privilege under the First Amendment and federal common law not to be required to identify confidential sources, Baine said. Newsweek's Washington bureau chief, Dan Klaidman, also has been subpoenaed, but no date has been set for his deposition, Baine said. (Yahoo News -- Biological and Chemical Weapons)
Great Lakes water rights spill into vote Sep 9, 2008
Some legislators accused him of overkill on the issue, however, saying Ohio law and common law already offers such protections. A compromise was reached this spring when lawmakers, seeking votes to ratify the compact, agreed to put the constitutional amendment on the Ohio ballot. (Columbus Business First, OH)
Debate starts on Victoria's abortion law Sep 9, 2008
" Mr Ryan said the legislation conflicted with other Victorian laws which recognised a foetus as a life, such as compensation provisions for women who miscarry after a car accident or are the victims of crime. "We have this extraordinary dichotomy that we are facing here of legislation before this chamber which seeks to legalise a foetus being killed at the same time as we have on our statute books and in common law a recognition of a life of a foetus and ongoing rights once it is born to a... (Sydney Morning Herald -- Australia)
Borough wins fight over tobacco tax Sep 9, 2008
Here, Bragg and Fannon ask us to resurrect that bygone common law rule. We decline, the justices wrote in their opinion. (Wasilla Frontiersman, AK)
Suspect In Grandmother Slaying Found Dead Sep 7, 2008
Soon after her arrest, investigators began searching for her common law husband, Nolan. Anyone with information on this case is asked to call 888-580-8477. (NBCSandiego.com, CA)
Legal Intrigue Surrounds Search for Missing Daredevil Sep 6, 2008
State court is usually the venue for such a proceeding, and the seven-year time period derives from the common law. Koslow says he was able to get a New York court to accept the findings of an investigation of the crash by Texas authorities and declare the individual, whom he declined to name, deceased. (Law.com)
Abortion debate heats up at parliament Sep 6, 2008
Abortion is currently permitted in the state under a common law ruling only if it is to protect the woman's health. The rowdy demonstrations attracted a heavy police presence with officers acting as a human barricade to keep the two groups separated. (Sydney Morning Herald -- Australia)
Riley emotional as Hall of Fame induction nears Sep 5, 2008
"You know what a common-law is? When you're with someone for so long, in common law, you're already married. But the wedding just makes it official. And that's what the Hall of Fame ceremony is for him. It's just going to make it official. But he's been Hall of Fame for many years to many different people.". More than anyone else, it's about Lee Riley, a minor-league baseball manager who died nearly four decades ago, yet is still the man his youngest son tries to emulate most. (SportsIllustrated.CNN -- NBA)
Now, it's official: Riley a Hall of Famer Sep 5, 2008
When you're with someone for so long, in common law, you're already married. But the wedding just makes it official. (MSNBC -- Sports)
2nd Circuit Reinstates NYC's RICO Allegation of Tax Loss From Online Cigarette Sales Sep 3, 2008
In 2005, Southern District of New York Judge Deborah Batts dismissed racketeering claims and state claims based on common law fraud, New York state's consumer fraud statute, General Business Law 349 and public nuisance claims against the sellers ... After reversing Batts on the RICO issue and remanding for further proceedings, the majority affirmed the lower court's dismissal of the city's claims for common law fraud in all four cases and a 349 claim in one of them ... The second is whether... (Law.com)
Is sex on the beach legal? Sep 3, 2008
But someone could be charged with outraging public decency under common law, she says, if it is proven that at least one person has seen the act ... Although the act does not fully apply in Scotland, indecent exposure is an offence under common law, says a spokesman for the Law Society of Scotland, although intent would be difficult to prove. (BBC News -- UK)
Lis on Law: Breach of Promise to Marry Sep 3, 2008
Judge Kathlene Gosselin instructed the jury that these actions are a common law contract action. Meanwhile, Wayne's attorney said that there was only one prior lawsuit filed in Georgia over the past 25 years for breaking an engagement. (Fox News)
Failed U of O code of conduct served its purpose: lawyer Sep 2, 2008
Bruce Feldthusen, the university's dean of Common Law and a member of the informal committee, said from the beginning there was never really any commitment to the draft code. He emphasized that it was never voted on or approved by anyone at the university. (Canada.com)
Action Against Mortgage Broker Proceeds Aug 30, 2008
He also declined to dismiss a cross-claim against Custom Capital brought by AmNet on contractual indemnity and common law contribution grounds ... The judge also denied a cross-claim against Custom Capital brought by AmNet on contractual indemnity and common law contribution grounds. (Law.com)
OFT says bank charges are unfair Aug 30, 2008
The memo states that "RBS is considering its response. This is a key step towards phase 2 of the test case, which is not due to start until early 2009''. Nick Spooner, of the campaigning website Legal Beagles, said the OFT's view was inevitable. "The OFT would not have spent all this time investigating the issue if it did not believe the charges were unfair," he said. "But I believe the OFT should now make public the fact it thinks the charges are indeed unfair," he added. Many hearings to come... (BBC News -- Business)
Torture enthusiasts are in the line of British fire Aug 29, 2008
That is a fundamental principle of common law. We didn't hear much about the fundamental principles of the common law when our full Federal Court tried to get to grips with an Australian citizen seeking the return of his cancelled passport. (Sydney Morning Herald -- Opinion)
LETTERS: NCT, Aug. 26, 2008 Aug 27, 2008
" When he was sworn into office in 1801, there were no urban industrial inner cities to deal with. Most people worked on farms. Cities as we know them today, and the complexity and technological interdependence of large urban systems simply did not exist.The largest city in the U.S. was New York, with a population of only 60,000; the second largest was Philadelphia with 30,000. They were called "cities" but by today's standards they were barely small towns. Please remember that in those days... (North County Times)
Calif. High Court Surprises by Expanding Arbitration Review Aug 26, 2008
Even though that decision said the doesn't permit parties to expand judicial review by agreement, Corrigan and four of her colleagues pointed to a line in Hall Street that said federal law doesn't preclude "more searching review based on authority outside the [federal] statute," including "state statutory or common law.". "Had the [U.S. Supreme Court] meant to impose a uniform national policy requiring judicial review solely on the grounds stated in the FAA," Corrigan wrote, "it would not have... (Law.com)
Avoid the money wars Aug 26, 2008
Many are under the illusion that if they have lived with a man for five years, they become his common law wife but there is no such thing. How to split expenses. (iAfrica.com)
Settlement returns nearly $18K to county Aug 25, 2008
The suit alleged that the pharmaceutical giant was in violation of both federal and state Medicaid law, Medicaid and common law fraud, breach of contract, unfair and deceptive trade practices and unjust enrichment. But that s not all. (Catskill Daily Mail, NY)
* World News Quick Take Aug 24, 2008
After the arrest, the man told an investigative judge he was in an emotional relationship with his common law wifes daughter and that all sex was consensual. The woman reported him to police despite his threats that he would kill them. (Taipei Times, Taiwan -- World)
Nebraska Law Permits Parents to Abandon Teens Aug 23, 2008
As for what constitutes a minor, he refers to common law, which interprets it to be anyone under age 14. State Sen. (Fox News)
Liberia: Supreme Court Intervenes in Senate's Saga Aug 22, 2008
com: Liberia: Nyenabo Treads Water (Page 1 of 2). Use our pull-down menus to find more stories. (allAfrica.com)
Vic abortion laws stir debate Aug 20, 2008
Abortion is permitted in Victoria under a common law ruling only if it will protect the woman's health. Ms Morand said the new laws were progressive by national standards compared to states like New South Wales and Queensland, which had similar laws to Victoria's current legislation. (Sky News Australia)
Need-to-know: replacing AWAs Aug 20, 2008
Mansfield never used AWAs opting instead to use an industry award as a template on which to make a common law contract with his employees. AWAs were just a paperwork nightmare with potential unforseen legal implications,'' he says. (Sydney Morning Herald -- Business)
Man to get at least 14 years for drug crime Aug 19, 2008
Beverly J. King-Darhower pleaded guilty to two counts of misdemeanor charges of common law forgery and was sentenced to two 45-day terms in prison, both suspended. Anthony Louis Kohl pleaded guilty to common law forgery and was sentenced to from 10 months to a year in prison, suspended ... Tommie McCall Jr. pleaded guilty to common law robbery and was sentenced to from a year to one year and three months in prison, suspended. (Rockingham Daily Journal, NC)
Abortion bill tabled in Vic parliament Aug 19, 2008
Abortions are currently performed under a 39-year-old common law ruling provided they protect the health of the woman. All sides of parliament have been given a conscience vote on the bill, which is expected to become law by the end of this year. (Sydney Morning Herald -- Australia)
Liberals damage society Aug 18, 2008
Captain Carl wrote on Aug 16, 2008 11:14 AM:" As I understand the whole gay marriage thing is not being pushed by the entire gay community. In fact some say that it will be more detriment than benefit. Such as those who do not want to get married. You may so what dont. What about common law marriages. If after a lengthy partnership one and/or the other decide to end the relationship, common law marriage laws would split all assets as if they were actually married. In some states that 50/50... (Rockingham Daily Journal, NC)
New law 'will scare off investors' Aug 18, 2008
He added that pre-emption rights protection was built into the corporate law of most other common law jurisdictions. "We and many other investment institutions do not believe that the current protections available in South Africa's public market - provided by the JSE listing requirements - are satisfactory," he said. (Business Report, South Africa)
Signs of madness boost Anthrax suit Aug 17, 2008
The government would claim sovereign immunity - a legal principle from English common law rooted in the idea that the king can do no wrong. Schuler called the government's arguments absurd and insisted that sovereign immunity wouldn't let the government get away with murder. (The Palm Beach Post)
Liberia: Court Drops Charges Agaisnt Blah Aug 16, 2008
The court said it noted that the defendant, Mr. Moses Blah was subpoena and that the defendant was considered as a subpoena witness before the special court and in keeping with common law of court, was therefore under obligation to answer to all questions put to him to the best of his knowledge and recollection. The court said it also noted that during Mr. Blah's testimonies, no objection was raised when the question concerning Mr. Urey was posed to him. (allAfrica.com)
Last Term's High Court Rulings Mostly Pro-Corporation Aug 15, 2008
Thus, the Court analyzed "the desirability of regulating [punitive damages] as a common law remedy for which responsibility lies with this Court as a source of judge-made law in the absence of statute." Id ... The Court observed that mail fraud was not the same as common law fraud ... Rather, it constituted a statutory offense unknown at common law and which did not require proof of reliance. (Law.com)
Saudi Arabia, Princes Immune From 9/11 Suit, 2nd Circuit Rules Aug 15, 2008
Judge Jacobs said the 2nd Circuit joined the majority of courts in part because the law, enacted in 1976, was intended to codify the existing common law principles of sovereign immunity, which included individuals acting in their official capacity. In construing the meaning of the term "agency" in the statute, he said "an agency is any thing or person through which action is accomplished" and "it is easily open enough to include senior members of a foreign state's government and secretariat.". (Law.com)
Privacy needs more protection Aug 15, 2008
The New Zealand courts have already recognised the existence of a common law tort of privacy, as have two lower courts in Australia (in Queensland and Victoria). Similarly, we read regularly about the British courts pushing out the boundaries of the common law, so that in the recent J.K.Rowling case, an innocuous photo of an ordinary public walk becomes actionable - where privacy issues are increasingly blurred with "ownership rights" over images and events, breaches of confidence and issues of... (Sydney Morning Herald -- Opinion)
Police: Man kills wife, bystander in Iowa Aug 15, 2008
Just before 6 a.m. and after an all-night argument, Inthaboun shot his common law wife, Bounpamh Xayavogchanh, 32, in the street in front of their Des Moines home. A motorist who lives nearby, Amalia Vasquez, witnessed the shooting and saw Inthaboun walking away. (San Francisco Chronicle -- Crime)
Media is a crucial antidote to power Aug 15, 2008
The history of the development of the common law teaches us that in the real world it's the remedy, the weapon which attracts the lawyers and their clients, neither the neat label of the cause of action nor a particular court. And for reasons which will become apparent, this proposed action in privacy will prove a godsend to the powerful who have something to hide, guided by a growing privacy Bar. (The Australian)
Losing the SC Trademark Aug 13, 2008
In the litigation, Carolina asserted a counter-claim, arguing that USC (Wests) interlocking SC should be disregarded because it ignored common law rights held by Carolina to use the SC mark ... McElwaine argued that South Carolina's use of SC established a common law right for the University's use the letters SC.. (GamecockInsider.com)
ABA Hears From Sudanese Attorney on Darfur Crisis Aug 13, 2008
Until al-Bashir overhauled the country's legal system in 1991, Sudan followed Britain s common law tradition, Osman says. "[The Sudan Bar] is in cahoots with the government," Osman explains. (Law.com)
Robber receives prison term Aug 13, 2008
Published: Tuesday, August 12, 2008 8:59 PM CDT Ricky John McLaughlin pleaded guilty in Richmond County Criminal Superior Court this week to two felony counts of common law robbery ... Samuel Lee Barrington pleaded guilty to felony common law robbery and was sentenced to from a year to a year and three months in prison ... Brandon Shawn Smith pleaded guilty to common law robbery and was sentenced to from one year and one year and three months in prison, suspended. (Rockingham Daily Journal, NC)
Driver in jail over 'God-given' right Aug 13, 2008
The court heard Rainima had links to a civil rights group calling itself the Unified Peoples' Movement Against Road Tolls (UPMART), whose website states it seeks to protect "inalienable human rights" including through "bible codified common law". Rainima was not represented by a lawyer on Wednesday but by members of UPMART, who were granted leave to appear on her behalf. (Sydney Morning Herald -- Australia)
Sometimes the system works, other times not Aug 9, 2008
In 1977 he was convicted of killing the sister of his common law wife in Marion County. In that shooting he also wounded another woman. (Madison County Record, AL)
Stay out of Malaysias affairs,Rais tells US Aug 9, 2008
Dr Rais added that Malaysias Criminal Procedure Code and Penal Code originated from Common Law and there was no reason for any other power to criticise the countrys administration of justice. But if they have any substantive legal problem that they would like to highlight internationally, they are welcome to discuss it with us, but in a manner that is judicious, careful and respectful, he said. (The Star Online, Malaysia)
In Review of High Court Term, Justice Kennedy Still the Man in the Middle Aug 8, 2008
999 (2008), an 8-1 decision finding that the federal Medical Device Amendments of 1976 pre-empt state common law claims challenging the safety of a device that received premarket approval from the U.S. Food and Drug Administration ... In Exxon, the justices were sitting as a common law court, where their authority was at its "zenith," he said. (Law.com)
US told to butt out Aug 8, 2008
Web search enhanced by. Friday August 8, 2008 MYT 4:19:58 PM. (The Star Online, Malaysia -- News)
State Secrets Problems are No Secret to Congress Aug 6, 2008
Shapiro explained that H.R. 5607 "restores the state secrets privilege to its common law origin as an evidentiary privilege by prohibiting the dismissal of cases prior to discovery." Fuchs also supported the bill, arguing, "These procedures have worked well in the criminal CIPA context.". Similar legislation was introduced in the Senate in January by Sen. (OMB Watch)
The Canterbury Travails Aug 6, 2008
Anglican bishops will now begin to write down a code of common law for their church, similar to the Roman Catholic Code of Canon. This action was met with deep concern and nervousness. (Human Events Online)
AOL puts heat on alleged Sunshine State spammers Aug 4, 2008
The giant Internet service provider said it brought the case in the U.S. District Court of Florida, Orlando Division, because the so-called "Sunshine State spammers" violated the Virginia Computer Crimes Act, the federal and Florida common law, by sending an avalanche of to its subscribers. In the suit, AOL seeks damages of $1. (Yahoo News -- AOL & Time Warner)
* My body, my temple, your capital? Aug 2, 2008
There are clear parallels between that situation and the way in which the common law has offered little redress to patients who have tried to claim property rights in tissue taken from them, or to activists seeking to limit the powers of Big Biotech over human genetic patents. All bodies are assumed to be open access now, just as womens have always been. (Taipei Times, Taiwan -- World)
Depositions Taken In Anthrax Case Aug 2, 2008
Both asserted a privilege under the First Amendment and federal common law not to be required to identify confidential sources, Baine said. Newsweek's Washington bureau chief, Dan Klaidman, also has been subpoenaed, but no date has been set for his deposition, Baine said. (Yahoo News -- Biological and Chemical Weapons)
Gay ‘marriage’ notice a falsehood Aug 2, 2008
What would you say if you found out that a couple put a wedding announcement in the paper but they had the ceremony officiated by a friend with no authority recognized by the state because they would be common law spouses a year later. That marriage would have the same legal standing. (Logan Herald Journal, UT)
Britain's Silence Ammo For A Sharia-Run Future Aug 1, 2008
Concern for British common law would be called nationalistic, and that's got to be a crime against multiculturalism. Calling for any action would be labeled xenophobic-slash-mean-spirited. (Townhall.com)
SJC's longest-serving member to retire Jul 31, 2008
Patrick's office said yesterday that it was too early to discuss a successor and that he thanked the justice for his 35 years of service and his help "to make our common law a model for courts across the country.". "The students of Suffolk University will be fortunate to have his wisdom among the faculty," the governor said. (Boston Globe)
Blue Mud Bay decision 'may impact Aust-wide Indigenous rights' Jul 30, 2008
The issue of the common law right of the public to fish in public waters and the issuing by the Northern Territory Government of fishing licences will now need to be negotiated with the Northern Land Council. It is expected the ruling will lead to the introduction of a permit system for recreational fishermen. (ABC Online)
Central Texas Woman Sentenced In DWI Death Jul 29, 2008
Investigators say Balderama had gotten out of the car, in which he had been riding with his common law wife and Drake, after an argument. Drake was indicted in September by the same McLennan County Grand Jury that indicted Douglas Howard Church, 26, of West for intoxication manslaughter and intoxication assault in a head-on collision on Aug. 11, 2006 on Tours Road north of Waco that killed Debbie French and seriously injured her three young children. (KWTX.com, TX)
Advani demands for anti-terror laws Jul 28, 2008
Common law makes things very difficult for the investigating agencies in their fight against terrorism, Mr Advani told newspersons after visiting the civil hospital. Some of the states have good laws to fight against organised crime, like in Maharashtra. (India Times)
AWB lawyers bid to delay civil action Jul 28, 2008
According to his lawyer, Mr Flugge had a right to protection under the "cardinal common law principle" that he should not risk incriminating himself by giving evidence in the civil action. "Where the plaintiff and the prosecutor are the state ... the civil action should be stayed or stood down until the conclusion of the criminal procedure," Mr Karkar said. (Sydney Morning Herald -- Australia)
Question on everyone's lips: why? Jul 26, 2008
"The ATO has encountered difficulties in applying Australian taxation laws to non-common law entities, such as Liechtenstein foundations," the submission said. "These hybrid entities possess characteristics of both a common law trust and a corporation" - and therefore do not fall squarely within the rules intended to prevent taxpayers indefinitely deferring their tax. (Sydney Morning Herald -- Australia)
An apocryphal curriculum Jul 26, 2008
Fortunately, we have a body of common law based on the First Amendment, which contravenes the legality of religiously influenced teaching even given these concessions. The Supreme Court's 1971 case Lemon v. Kurtzman ruled that it was illegal for the State of Pennsylvania to reimburse private schools for salaries and other materials because a large number of the state's private schools were parochial Catholic schools. (The Daily Texan, TX)
