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NEWS & KNOWLEDGE
What to Do if You’re Facing a Child Custody Case
You will be asking yourself how you can get through your child custody hearing with the verdict leaning in your favor. Usually when a parent ends up with this sort of problem, they will certainly be clueless as to the different things that will need to be done. Most states have their own individual laws in place regarding child custody, but they do share some general standards.
It’s perfectly natural for parents to get very emotional when they are dealing with a child custody case. You are dealing with a variety of issues, from conflicts with your former partner to wanting the best for your child. However, during such times you should try as much as possible to avoid being angry and negative. If you focus too much on how bad your former partner is, you won’t accomplish anything helpful. You’ll be distressing your child–he or she doesn’t want to see you or your former spouse as a villain. You also aren’t going to be impressing a judge when you have a negative attitude. You are also going to find it difficult to think clearly and to plan a very constructive strategy. This is the reason that, if you want to be given custody of your child, you will do your best to keep your emotions in check.
In these cases, mediation is a good alternative to going to court when you are in a child custody battle. This trend is a growing one and it is actually worth considering. Studies show that when both parents agree to use mediation, it is a lot more likely that an agreement will get reached most of the time. This is great for parents and children alike. This is usually much quicker and far less expensive than a court battle. Mediation is also quite a lot easier on kids because it is based around dialogue and not conflict. In some circumstances mediation isn’t going to work but it should still be your first course of action.
Allowing yourself to foster a rebellious attitude toward a court system would be a huge mistake. Fathers, especially, seem to believe that the system is set up and rigged against them and unfairly so. It doesn’t matter whether this is true or not, it is not going to help to go to your court date feeling like the judge is already against you. You have to work with the system as it is, not how you wish it was.
So do your best to work within the system in a practical and reasonable way. Make sure you have a lawyer who can advise you as to how to do this. Having a victim mentality, however, will not help you win your child custody case. This article has only scratched the surface of what might come into play during a child custody case. Each case is a little different, and you also have to consider the different laws that exist in different states. This is why you need to talk to an attorney before you even think about taking any sort of big steps in one of these situations. It’s always best to move forward with caution and make sure you know exactly what you’re doing.
Criminal law
The criminal law refers to any law that relates to crime. The law punishes the people who pose any threat to the health, property or moral welfare of another person. Criminal laws vary from one Country to the other. Any crime includes criminal elements. The jurisdiction may impose capital punishments for severe crimes. Depending on the jurisdiction and what sort of crime a person commits, the duration period in jails may vary. There are five objectives behind the enforcement of criminal law. They are retribution, deterrence, incapacitation, rehabilitation and restoration of a person.
1. Retribution: As criminals have taken undue advantage of the law, they ought to be punished, this appears to be the primary goal of retribution. The law will put various scales on the crime committed and judge accordingly. The intensity of the punishment varies according to the crime committed.
2. Deterrence: Here the primary focus is to impose a specific penalty to the offender to discourage the person from committing any fraudulent activities on a later stage. In this case, the other individuals also refrain from committing the crime, fearing the law.
3. Incapacitation: Incapacitation either includes capital punishment of prison sentence such that they are kept away and is protected from the society.
4. Rehabilitation: This process involves transforming the offender to be a valuable part of the society. The rehab makes the offender convince of their mistakes and through proper channels of counselling and other such activities. The offender is encouraged to live a better life once released from the prison.
5. Restoration: Here, the goal is to repair the injury inflicted by the offender on the victim.
Types of criminal law
There are two types of criminal acts, misdemeanor and felonies. A misdemeanor act is a little less offensive under criminal law. They include minor assaults, like traffic offences and petty thefts. The imprisonment years for this type of crime is one year or less. Felony includes- murder charges, man/animal slaughter, rape, crime dealing with drugs, robbery, etc. However, the punishment differs from one State to the other. Any crime consists of two parts – mensrea (this refers to the mental state a person is while the crime is being committed) and Actus Reus (This relates to the crime committed by the offender. i.e., If a person is charged with drug case, then there has to be proof that the offender actually sold drugs).
Crime law: Cases.
Any crime law includes two cases. Some cases would be judged by the jurisdiction to determine if a person is pled guilty or innocent. The next example is called a plea bargain. Here, if the offender admits his crime and pleads himself guilty, then his total years in prison may be reduced.
Intellectual property rights
Intellectual property rights refer to any copyrights, patents or trademarks. They are unique human creations that are intangible. Any discovery or invention would need to be protected against any unfair competition. The particular discovery is given a patent or a trademark to state that it cannot be subjected to imitation by another. Without intellectual property rights, a person would not reap the full benefits of his invention.
Intellectual property.
1. Trade secrets: Trade secrets refers to any secret technology or method that is used to fashion a unique device. The secret may be used to gain a competitive edge against a company’s competitors. For the long-term growth of the company, it is essential that this secret has to be protected and cannot be subjected to any imitation by another company or person. The secret used for trading is protected under the law of intellectual property rights. They are confidential information.
2. Patents: Patents are granted for an invention, provide all the details of the invention are disclosed to the public. Patents are granted for a certain number of years based on the type of invention. A patent refers to a claim wherein the law prevents any state or person from selling or copying or distributing that particular invention. A typical example of patents is utility patents. They are exclusively meant to protect machines, devices and any composite material.
3. Copyrights: Copyrights are similar to patents except that they are valid only for a limited time and expires after 50 to 60 years after the death of a person. Copyrights are territory bound. The law allows the holder of the copyrights to have some exclusive rights.
4. Trademarks: Trademarks are common in business places. Brands are another name used for trademarks. Each company would have a unique brand or product of its own. The law protects the product against any imitation or illegal distribution. The company that holds the trademark of a brand can only sell or trade that product in the market. A state trademark can be obtained by paying about $100 to $200. The federaluld trademark wo be more costly as the product or the invention has to be protected nationwide. The fee ranges from $275 to $375.
Can you sell your rights?
If a person has to benefit from his business, this requires the person to sell his ideas to another company to market his products, or he should market the product himself. The other way is to license out the product to another person or company. If a potential buyer is identified, the patent is sold on specific terms and conditions mentioned in the notary public. Decide on what terms would lead the product to get popularised before you sign the deal.
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