law Q

Law and Policy Notes 7/11/17

• Fifth amendment gives you right to counsel before your charges, after it is the 6th amendment that gives you right to counsel

• Five minute presentation on a proposed law in another country introduce policy and the necessity

• History/status quo atm

• Proposal/details

• Implementing the law

• Ralph M. Brown Act

  • Elements:

    • Legislative body

      • Every local government entity

    • Meeting

      • Majority of a commission or body comes together and starts talking about things that are related to that subject

      • **SERIAL MEETINGS

      • **If you are with a group at ground breaking, city events, holiday party, and one person brings something up that will be on the agenda this becomes a violation of the brown act

  • brown act exists to ensure access to the public of government officials

  • Public Comment

    • **Special Meeting exception: public can only comment on agenda items

  • Closed meetings

    • Real property negotiations

    • Labor related issues

    • Personnel issues

    • Litigation

• Family Law

  • Bill of Rights only applicable at state level therefore states have prime authority over marriage

  • 3 parties to every marriage (1) husband (2) wife (3) govt

  • in CA when you are married everything acquired is community property, meaning both own it jointly equally together

  • exceptions

    • something gifted to you

    • left to you in a will

  • community property= at the end of the marriage property gets split equally

  • separate property = everything you own before after the marriage and everything after the marriage

  • marriage requires

    • consent

    • marriage license

    • solemnization

  • two types that exist after that…

    • putative marriage: one party reasonably believed they were actually married

    • ex jane married jon doe who is already married to bob doe but jane doesn’t know. They divorce and jane wants half but jon says they were never married however since jane reasonably believed they were married she is entitled to half

    • Marvin Marriage: wife would do “wifely things” and husband would do “husbandly things” marvin marriage is a contract for marriage that is never filed. Terms cannot include sex however it can include anything else.

  • Spousal Support: one party pays an amount to the other to obtain a marital standard of living. 14k a month gonna pay about 6500 amount/ month in spousal support. You do get to write it off. You pay spousal support for half the term of the marriage (4-year marriage = 2-year support). Marriage exceeds ten years there is an assumption that it is a long-term marriage therefore spousal support will be paid until death, cohabitation, or remarriage. <-spousal support always terminated in these circumstances

  • Child custody: what is in the best interest of the child. Grandparents often want visitation, when they apply they have to show that they had a preexisting relationship and that it is in the best interest of the child.

  • Child support: based on the parties custodian amount of time with the kids and the income of the parties.

  • **States are in charge of family law rules

• Premarital agreements (prenups): cannot waive certain things in a prenup. Two things that can’t be waived, ->spousal support, unless you do certain things. You can never waive child support. Was there duress? “I wont marry you unless you sign this”. General rule, have signed and reviewed 7 days beforehand. Do a prenup then do a postnup