The Right To Life Liberty And The Pursuit Of Happiness Considering Criminal Law What To Do If You Are Arrested Are Prenuptial Agreements Affected By Changed Circumstances
The Bill of Rights exist in many different countries today to protect the people who are within the territorial boundary of the countries’ government from unlawful actions that may deprive a person’s right to live, security, and other necessities needed to survive. Originating from the British’s Bill of Rights, which was literally a bill that was proposed and passed by Parliament in 1689 to protect the basic rights of the people. To effectively have the Bill of Rights into play it must be constantly be enforced by the government that it is trying to restrict.
The concept of the Bill of Rights is very popular with the population of countries that hold such a law in their constitution. Such one country is the United States of America in which the United States Bill of Rights protects the residents of the country from its own government from Federal to the local. The United States Bill of Rights was originally a series of amendments brought before the Congress in which ten of the amendments were put into effect in 1791.
The First Amendment which states the freedom of religion, speech, press, peaceful assembly and the right to petition the government is the most popular amendment that is in effect today. Though it may have some restrictions like as long as it does not create an imminent threat to the subject and those within the proximity or unless under warfare, the first amendment is in effect. An example is like shouting the word “fire” as a joke in a crowded area as it can create a widespread panic causing casualties or maybe during wartime some things just should be said or written.
The Second Amendment is in which gives the resident of the United States of America the right to bear arms. An amendment which is criticized today by those who promote gun safety as those who just promote the right to own a firearm have been known to legally abuse this law. As the law was originally in state for the protection of a resident and his or her family from outside forces that would cause harm to them or for hunting, groups such as the NRA use the amendment to be able to own automatic weapons which are mainly used for warfare and not for such measures as it was originally put into use for.
The Third Amendment protects the residents of United States of being forced to quarter troops in their own property in peacetime or even in wartime unless done in a process which is acceptable under the given circumstances.
The Fourth Amendment protects the resident from unlawful search and seizures in which they cannot be searched without just cause and or without a warrant, and if there is a warrant, the warrant only allows the items stated within the warrant to be seized within the location the warrant gives permission to search and nothing else unless the item in question is in plain sight and unlawful in other words illegal under the current law.
The Fifth Amendment gives the resident due process in which it prevents self-incrimination, double jeopardy, and eminent domain by the government. Where a person cannot convict themselves, be tried for more than once for the same crime, and have the government unlawfully take away property owned by an individual.
If criminal law is your passion, there is little doubt that you will be well suited for the law arenas that it enforces. For those who are looking for a major, it is wise to study this area of the law. In criminal law, The People can punish the criminal based on what he or she has done against the state. There are often less indications of victims here, but more of rules being broken. Because in criminal law, the individual has broken the governing body’s law, he or she is required to face punishment from the government. There is no need to consent with the victim, should there be one.
Is criminal law the type of law you will pursue? If so, there is little doubt that you have many outstanding opportunities in the universities that you can attend to get your law degree. You will find that many of the schools will provide you with the most outstanding abilities to gain the knowledge that you need so long as you apply yourself. Criminal law is complex, detailed and very challenging. Yet, it can be passionate, profound and life changing as well. Criminal law is an amazing element in itself.
The first choice that you will need to make should you choose criminal law is which school you will attend. Because you will be studying at such a high level, you will want to choose carefully, considering what an excellent school would look like and do for your resume. If you do well at that school, it will even set you higher above the rest of students. Choose the school based on your ability to meet the school’s demands, your ability to afford it, as well as your ability to get into it as some are rather restrictive in who they admit. Criminal law school is an excellent choice. It is one that will serve you well for many years.
If ever you find yourself in a situation where a law officer takes you into custody then you must realize that you have been arrested. It is important for every citizen to know what it means to be arrested and what their rights are.
If you are arrested, the officer concerned will take you to a police station, jail, or any other detention facility. Then you will be permitted to contact your attorney. They will in accordance with the law be obliged to tell you why you have been arrested.
Always ensure that your attorney is present when they photograph, you or take fingerprints of you, and if you are going to be produced before a magistrate for the official filing of charges. Be aware that you may be asked to participate in a line up, asked to give a sample of your handwriting, or provide samples of hair, blood, or urine.
If questioned you have a legal right to remain silent as anything you say may be used against you in a court of law. It is important for you to consult with your attorney before answering any questions and if you cannot afford an attorney the court will provide you with one.
When you are taken into custody the police will take your money and possessions like a watch, bracelet, or chain from you for safekeeping. You will receive a copy of the inventory and all things will be returned on your release.
Depending on the reason for arrest you may or may not be released on bail. Release on bail means your depositing cash or bail bond in court as a security against your release along with an assurance that you will appear in court when summoned. If you have a good standing in the community then the magistrate may reduce the bail or even waive it.
The thing to do is to stay clam, do not panic, and be polite and respectful towards the police officers and magistrates. Answer questions to the point. Try and remember what the arresting officers looked like, their badge numbers, license plate details and so on. Write things down as soon as you get a moment. You will benefit if there are bystanders watching. So encourage people to be present. Never act defiant or threaten about filing complaints.
Never issue statements in the belief that if you cooperate they will let you go. Always ensure that you think before you speak and that too in the presence of your attorney. In case you are arrested in a foreign country ask to contact your consulate or embassy immediately. Never sign any forms or documents until they are vetted by a competent attorney.
Never resist arrest even if you are innocent. Immediately provide your name, address, telephone number, immediate family contact details and the name of your employer. These will be essential to get bail.
Keep your wits about you and things will go well.
Fundamentally, we are talking about a contract between competent adults, which should ordinarily be enforceable and not subject to modification. Unfortunately, prenuptial agreements are routinely attacked at the time when party or the other seeks to invoke its terms.
Clients must therefore understand that contracts for goods or services are different than contracts between married people, or between those who plan to be married. In New Jersey, the New Jersey Supreme Court in the case known as Lepis V. Lepis, created the quintessential loophole, enabling potentially endless modifications of family support provisions, regardless of whether they were ordered by the Court or stipulated to by the parties. The only requirement for this review is a significant and relevant change of circumstances.
Such contract-loosening changes are typically required to be unanticipated, substantial and non-temporary. The powder keg language of Lepis reads as follows: “Contract principles have little place in the law of domestic relations.” That being said, NJ divorce lawyers must pay close attention to five key points.
First, it is important to note that properly drawn prenuptial agreements are given the initial presumption of validity. By “properly drawn” we mean that the parties were independently represented by counsel, that there was no coercion or duress, that there was an appropriate level of financial disclosure, and that the agreement was essentially fair.
At the time of attempted enforcement by one party, the burden of proof for showing that the agreement is somehow unconscionable is borne by the party seeking to avoid enforcement. Otherwise, the prenuptial agreement should be enforced.
Second, a prenuptial agreement will not be considered to be unconscionable unless it can be shown that enforcement of the agreement will result in a standard of living for any party that is “far below that which was enjoyed before the marriage.”
Third, soon after the Supreme Court’s finding in Lepis, clever New Jersey divorce attorneys came up with the idea of incorporating anti-Lepis clauses into their property settlement agreements. This sort of thinking can be applied to the drafting of a prenuptial agreement as well. Such clauses can prevent alimony liabilities, or can ostensibly limit them in the event of divorce. To add yet another level of complexity, the anti-Lepis clause itself can be the subject of a modification motion. As equivocal as this may sound, sometimes these clauses are enforceable, and sometimes they are not.
Fourth, if the objective is to attack an antenuptial agreement at the time of attempted enforcement, the New Jersey divorce lawyer is wise to read the case of Marchall v. Marchall. In Marchall, the Court stated that antenuptial agreements should be regarded as subject to modification by reason of “changed circumstances” in the same manner as property settlement agreements. This statement, however, was only in dictum, and does not fall into the category of binding precedent. Notably, Marchall was only a Trial Court decision, and therefore not binding on the courts of other counties, as an Appellate level or Supreme Court level decision would be. The Marchall decision was also decided four years prior to the adoption of the Uniform Premarital Agreement Act in 1988. Furthermore, the Marchall decision predated the Appellate level decision in Morris v. Morris, which case expressed the teter totter viewpoint that sometimes anti-Lepis clauses are enforceable and sometimes they are not.
Fifth, the case of Pacellii v. Pacelli must also be explored. In Pacelli, a mid-nuptial agreement was involved. This agreement was entered into between the parties some 11 years after their marriage and after having two children. The Appellate Division refused to enforce this agreement. The Appellate panel found that the agreement was unfair when it was entered into in 1986 and likewise unfair when enforcement was sought in 1994. The Court did not believe that such mid-nuptial agreements should be treated the same way antenuptial agreements are treated. The Appellate Division opined that “the dynamics and pressures involved in a mid-marriage context are quantitatively different.”
When a prenuptial agreement is executed under circumstances devoid of coercion or duress and where the requirements of the Uniform Premarital Agreement Act are met, Lepis should not apply, and the agreement should not be modified. The only exception would be under the unconscionability standard of the act. Ironically, that is exactly the same standard that was used for modification of New Jersey matrimonial agreements prior to Lepis, under Schiff v. Schiff. Apparently, sometimes the old ways are the best ways..
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