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Law

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Extinguish Easements by Adverse Use

The servient owner can extinguish an easement on her land by adversely using it for the same period of time required for adverse possession or a prescriptive easement. The servient owner must satisfy these [more…]

Land Use Regulations: Use, Height, and Bulk

Zoning ordinances, the most prominent form of local land use regulation, are laws that group compatible land uses together. These ordinances may preserve quiet and safety in residential areas, minimize [more…]

Protecting Nonconformities from New Zoning Restrictions

When a zoning ordinance is adopted or amended, it generally allows preexisting structures and uses of property to continue even if they don’t comply with the new restrictions. Such preexisting uses that [more…]

Permitting Conditional Land Uses

A typical zoning ordinance specifies not only uses that are permitted in each zoning district but also other uses that may be specially permitted only if certain specified conditions are met. Such uses [more…]

Avoiding Unnecessary Hardship with Variances

Administrative exceptions to zoning regulations are called variances. Whereas conditional use permits are available for uses that the zoning ordinance specifically allows when the listed conditions are [more…]

Amending Zoning Laws

State law grants city and county legislative bodies (typically called county commissions or city councils) the authority to adopt zoning ordinances. That authority, of course, includes the power to amend [more…]

Zoning Laws: Requiring Consistency with a Comprehensive Plan

Zoning enabling acts all contain some version of a requirement that the zoning ordinance be “in accordance with a comprehensive plan.” This means that not only must the originally adopted ordinance be [more…]

Eight Considerations to Make before Going to Court

Before your big court date, it is especially important that you be prepared and come across as polite, respectful, organized, and armed with the documents you need. [more…]

Eight Key Things to Think About after You've Been to Court

When the arguments have been made and countered and the judge has had time to mull over the evidence and statements given in court, it will be time to hear judgment. Here's what you need to consider after [more…]

Eight Important Things to Do before Filing for Court

"I'll see you in court!" It feels good to say sometimes when you're angry, but before you go filing your claim, here are some things you should consider: [more…]

Small Claims Rules in Each State

There are 51 different small claims courts in the United States, one for each state and the District of Columbia. The law is different in each and may even vary in different parts of the same state. In [more…]

Filing & Winning Small Claims For Dummies Cheat Sheet

Although the television court shows may be comical, filing a small claim is no laughing matter. There are many things to do, know, and consider before you file, before you go to court, and before your [more…]

How British Parliament Actually Works

The United Kingdom is both a parliamentary democracy and constitutional monarchy. A Parliamentary democracy is government which is voted into power by the people, to act on their behalf. A Constitutional [more…]

How the Election Process Works in the United Kingdom

In the United Kingdom (UK), candidates and parties compete for 650 seats in the House of Commons with the overall goal of creating government for the next five years. The Prime Minister is selected as [more…]

Roe v. Wade: How Abortion Became Legal in the United States

Roe versusWade, better known as Roe v. Wade,is the 1973 U.S. Supreme Court decision that legalized abortion within the first two months of pregnancy. Up until then, individual state laws regulated abortions [more…]

Ten Ways to Improve Your Odds of Winning in Small Claims Court

Winning in small claims court isn’t always about whether you’re right. The way you present your case — and yourself — in court can also be a factor in determining whether or not you walk out the door with [more…]

Should You File a Small Claims Suit?

One of the first things to do before heading for the courthouse is to decide whether you really belong in small claims court: Do you really have a legal problem that requires you to go to court? You may [more…]

The Goal of Substantial Justice in Small Claims Court

One of the goals of your small claims suit is to achieve substantial justice for yourself. Most people are familiar with the statue of Lady Justice standing blindfolded with scales in her hand. [more…]

Law Versus Equity Compensation in Small Claims Court

When you sue someone in small claims court, you’re looking for one of two things: monetary compensation or some other result. If you’re suing a mechanic who took your money and didn’t fix your car, you [more…]

When Small Claims Court Is Not For You

Not all cases are appropriate for small claims court. In some situations, what you hope to gain or who you’re trying to sue makes it unlikely that a judge will hear your case in small claims court. [more…]

When You Don’t Need a Lawyer for Your Small Claims Case

In all likelihood, among the reasons you decided to pursue your case in small claims court is because you don’t want to have to or can’t afford to pay a lawyer. Before looking at instances when hiring [more…]

When You Need a Lawyer for Your Small Claims Case

It’s usually better to determine whether you need a lawyer upfront rather than waiting until you’re embroiled in the middle of the small claims case and asking someone else to sort out the mess. You may [more…]

How to Find the Right Lawyer for Your Small Claims Suit

Choosing a lawyer you like for your small claims suit isn’t essential, but it will make the process more pleasant. Working with a lawyer for your small claims suit who is competent, trustworthy, and will [more…]

Lawyer Fees for Your Small Claims Suit

It is a good idea to understand lawyer fees for your small claims suit prior to procuring legal counsel. Although lawyers and billable hours have become somewhat of a point of scorn over the years, lawyers [more…]

What You Should Know About Contract Agreements for Your Small Claims Suit

One of the most common types of case heard in small claims court involves the claim by one party that the other party breached a contract. The simplest definition of [more…]

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