and Medical Leave Act
federal Family and Medical Leave Act (FMLA) requires large
employers to permit employees to take up to 12 weeks of unpaid
leave if they become seriously ill, have complications due
to pregnancy, become a parent, or need to care for a family
member who has a serious health condition.
home in which the parent with physical custody resides with
the children. Family homes are frequently treated differently
than other marital property, with the judge allowing the custodial
parent to remain in the home until the child reaches his or
Labor Standards Act
Fair Labor Standards Act ("FLSA") is the federal law that
governs workers' wages, including payment of minimum wage
detaining of someone by law enforcement without legal cause.
Legal cause is that determination by law enforcement that
there is probable cause to believe a crime has been committed.
The act of false arrest by law enforcement is rarely the basis
of a lawsuit.
A crime of
larceny where the perpetrator knowingly makes material untrue
statements for the purpose of obtaining money or property
A lease for
doctrine that federal law overrides state law. In family law,
federal pre-emption comes into play in cases of military pay,
social security benefits, railroad retirement benefits, and
other property provided through federal programs, as well
as in issues covered by ERISA.
system under which a spouse must prove that the other spouse
was guilty of specific wrongful conduct before a divorce will
be granted. Examples of fault include adultery, extreme cruelty,
desertion, and incarceration for the commission of a serious
who has been convicted of a felony.
act done with criminal intent such that it amounts to a felony.
It has been traditionally understood as an act of malicious
intent to harm another.
A crime punishable
by a minimum of one year or more in state or federal prison.
The law that
any death which occurs during the commission of a dangerous
felony is considered per se a murder in the first degree.
The prosecutor does not have to prove that the accused intended
to kill the person, only that he or she intended to commit
the dangerous crime. For example: a perpetrator robs a bank
with a toy gun, a felony. The teller has a heart attack in
the process, the death. Under these facts the perpetrator
could be criminally convicted of murder.
In a criminal
or civil trial it is usually the duty of the jury to determine
the truth and weight of all facts in controversy. A fact finder
is not allowed to determine issues of law. This is reserved
only for the judge.
of a contested factual question by a judge or jury. Fact finders
are usually the men and women of a jury.
considered the killing of a human being with deliberate and
premeditated intent. The intent can be proved by showing the
killing was planned or was part of a scheme. It can also be
the result of a death committed in the commission of a dangerous
felony. The specific elements for first degree murder and
their variations are established by statute in each state.
of unlawfully taking possession of a house or structure by
the use of force or threat of force.
whose testimony is scientific in nature and who testifies
on behalf of either the prosecutor or the defense. The goal
of the expert is to assist the fact finder in understanding
scientific information. Forensic medicine is a very lucrative
action a creditor takes to force the sale of real property
so the debt can be repaid from sales proceeds.
Loss of the
tenant's continued rights under a lease.
of false documents by alteration or by a false signature.
The act of
sexual intercourse between a man and woman.
The act of
obtaining money or property by deceit, tricks or dishonest
acts. Most acts of fraud are felonies. Criminal fraud is commonly
perpetrated against the aged and infirm.
and immediate pursuit by law enforcement of a fleeing suspect.
of the poisonous tree
which is discovered through illegal search or seizure must
be excluded, based on the Fourth Amendment to the Constitution.
to a person already convicted of a crime who has escaped from
the police or governmental custody. Under Article IV of the
U.S. Constitution a governor must return a fugitive to the
state where the crime was originally committed.