Ancient Roman Law
Since the days of the Law of the Twelve Tables, developed during the early republic, the Roman legal system was characterized by a formalism that lasted for more than 1.000 years.
Early Roman law was drawn from custom and statutes, but later during the times of the empire, the emperors asserted their authority as the ultimate source of law.
Their edicts, judgments, administrative instructions, and responses to petitions were all collected with the comments of legal scholars.
"What pleases the emperor has the force of law." As the law and scholarly commentaries on it expanded, the need grew to codify and to regularize conflicting opinions.
The basis for Roman law was the idea that the exact form, not the intention, of words or of actions produced legal consequences. Romans recognized that there are witnesses to actions and words, but not to intentions. Roman civil law allowed great flexibility in adopting new ideas or extending legal principles in the complex environment of the empire. Without replacing older laws, the Romans developed alternative procedures that allowed greater fairness.
For example, a Roman was entitled by law to make a will as he wished, but, if he did not leave his children at least 25 percent of his property, the magistrate would grant them an action to have the will declared invalid as an "irresponsible testament." Instead of simply changing the law to avoid confusion, the Romans preferred to humanize a rigid system by flexible adaptation.
It was not until much later in the 6th century AD that the emperor Justinian I, who ruled over the Byzantine Empire in the east, began to publish a comprehensive code of laws, collectively known as the Corpus Juris Civilis, but more familiarly as the Justinian Code.
The Ancient Roman law was one of the most original products from the Roman Empire.
Trademark Law History
The use of marks to identify and distinguish property dates way back and for good reason. Until the invention of the printing press, and subsequent invention of moveable type, books were rare and very expensive. Few beyond the clergy and nobility learned to read. Even with the advent of more plentiful books and newspapers, literacy was slow to catch on. Servants and slaves who could read and write, as well as do numbers, were prized and highly regarded. The great majority of people could not read or write nor did they have a need. for either. Hence symbols became the logical method of letting people know who did what and what belonged to whom.
The barber's pole is an excellent example of ancient and modern trademark use. It conveys the instant message of what business is at that location.
Things to Remember, What is Marriage?
The legal rights and obligations associated with marriage have evolved with our society and today are the same for both spouses. Each state has its own rules about marriage, but there are some uniform principles, including:
- Who Can Marry Whom. Each state prohibits marriage between brothers and sisters, parent and child, and some prohibit marriage between aunt or uncle and niece or nephew. Most states will not issue a marriage license to a same-sex couple.
- Age Requirements. Each state has a minimum age requirement, typically 18 years. Many states permit marriage at a younger age if parental consent is given.
- Residency. Most states require one or both of the parties to reside in the state for a specific period of time before issuing a marriage license.
- Medical Exam and Licensing. Some states require the completion of a medical exam and blood test before issuing a marriage license. The blood test screens for venereal diseases, rubella, sickle cell anemia, AIDS, and other diseases. The marriage license must be issued by a designated public official.
- Ceremony and Officials. Some states require a formal ceremony of some kind with witnesses and a licensed public or religious official.
Understanding Divorce
Deciding to pursue divorce is one of the most difficult and emotional decisions you will ever make, particularly if you have children. Divorce also involves financial matters that must be resolved and legal issues that must be addressed.
Grounds for Divorce
Traditionally, a person filing for divorce had to prove grounds to obtain a divorce. Today, the majority of states allow at least one form of no-fault divorce that does not require proof of fault. If no-fault divorce is available in your state, either you or your spouse may obtain a divorce even if one of you does not consent.
Some states may require a legal reason for divorce. These are called fault-based divorces. Those states requiring a showing of fault have statutes that specifically outline the different types of conduct that are required before a divorce can be granted. Some of the more common types of fault that may be grounds for divorce are adultery, mental illness, conviction of a felony, abandonment, drug abuse, cruelty, impotency, and bigamy. In some states, both fault and no-fault divorce are available, and some courts consider fault when determining the amount of spousal support owed by one spouse to the other.
Custody and Visitation
When parents divorce, it is important to learn about the child custody and visitation options that are available and the legal standards that apply. In many cases, divorcing couples can ultimately agree on custody and visitation issues without the need for a court order. When an agreement cannot be reached, knowledgeable advice and representation can often make the difference.
Custody Basics
The duty to provide day-to-day care of a child and the right to direct the child's daily activities is known legally as physical custody. Legal custody means the rights and responsibilities associated with decisions regarding the child's upbringing.
Parent Partying with Child Support and Benefits Money
How can the non-custodial parent control the use of the benefit for the welfare of the child if the custodial parent is a chronic nonworking individual who lives off welfare and the child support I provide already?
Here are my thoughts: there are really two issues here. The first issue has to do with child support, which is a state court issue. Generally, when a state court judge awards primary custody and child support, he does so with the belief and expectation that the custodial parent is best equipped to take care of the child or children. Even when custody is evenly divided, a judge may award child support if he believes that the non-custodial parent needs the financial resources to best care for the child.
Usually the state court judge does not demand that the child support recipient account for the money received. Nor do state court judges have the resources to monitor the behavior (i.e., the refusal of a custodial parent to get a job). Judges also recognize that child support payers often have hostile feelings towards the custodial parents and decline to get involved in domestic spats.
Child Support Basics
There are millions of divorced parents who pay or receive child support. Federal legislation and uniform state laws exist to make enforcement and collection of child support easier for America's single parents. Because every state uses its own guidelines for establishing child support and each has various methods to set support amounts and recover support when it is overdue, it is often important to consult with a family law attorney who is familiar with the child support guidelines and child support enforcement laws in your state. If you have questions about the child support laws in your state, the rules for child support collection and enforcement that apply to your particular situation, or the process to establish paternity.
What is Family Law
An Overview
Family law is the term applied to the laws and rules developed regarding family relationships. Family law rules define not only the relationships between members of a family but also between a family and society as a whole. More than any other area of the law, family law reflects the values society shares regarding how people who are related should treat each other. When you are faced with an important life decision regarding a key family relationship, the advice and assistance of a family law attorney, like those at Randy Wilson in Abilene, Texas, often proves crucial to your understanding of the issues involved and your satisfaction with the ultimate outcome of your family law matter.
Typically, family law attorneys assist people in making and breaking family relationships. Specific areas of representation include marriage and relationship planning, divorce, paternity, child custody, and child support. Some family law attorneys also provide assistance in the area of adoption.
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