Substantive Law

Important Legal Terms/Bankruptcy

Important Legal Terms/Bankruptcy

Bankruptcy is a unique legal area. It is almost entirely regulated by federal law and uses distinct, specialized terminology that derives from federal law. Here is a summary of some important bankruptcy terms. *Automatic Stay Aside from getting a discharge, a primary purpose of filing bankruptcy is the automatic stay. An automatic stay is a feature of bankruptcy law that goes into effect immediately upon filing a bankruptcy petition. It forces creditors to stop all collection efforts against the debtor, such as lawsuits, foreclosures, repossessions, garnishments, and evictions, thus allowing the debtor the time and opportunity to find solutions and obtain a...

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Things To Do When You Start Law School, Part Two

Things To Do When You Start Law School, Part Two

Your first weeks of law school are arguably the most important since the way you perform in your first semester may set the tone for the way you perform for the duration of your law school career. Surviving the first weeks of law school will get you over the proverbial hump, and a big one at that. Here are some more things you should consider doing when you start your law school classes. *Develop good habits. You have two choices in law school: You can survive, or you can thrive. Sure, survival means that you made it and that you earned your law degree....

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Things To Do When You Start Law School, Part One

Things To Do When You Start Law School, Part One

Getting your law degree requires many things: dedication, hard work, knowledge, and resilience are just a few important words that come to mind. All these traits are important over the entire course of your schooling, but they are also important as you begin your journey. *Get organized. Good habits and routines can reduce stress and even make law school seem less intimidating. Avoid any type of procrastination during the first weeks of school. Focus on your present tasks while observing what is approaching in the near but not too distant future. Try to always stay one step ahead of your deadlines. If...

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Update on the Summer 2021 Baby Bar

Update on the Summer 2021 Baby Bar

The California “Baby Bar” or as it is more formally known, the First-Year Law Students' Examination (“FSYLX”), is a one-day test given in June and November. The test consists of four one-hour essay questions and 100 multiple-choice questions. The exam only covers three subjects: Contracts, Criminal Law, and Torts. As it did for the November 2020 exam, the State Bar California will conduct the FYLSX under special circumstances because of the COVID-19 pandemic. The exam in June will be offered remotely. The Baby Bar is taken by over 700 applicants. Those required to pass the First-Year Law Students’ Exam will not receive credit for any...

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Areas of Practice That Require Understanding of Multiple Legal Subjects

Areas of Practice That Require Understanding of Multiple Legal Subjects

Attorneys practice law in many different contexts, including law firms, government agencies, and non-profit organizations. Within each of these environments, attorneys may focus on one or several practice areas. Many, if not most, areas of legal practice involve the understanding of multiple legal subjects. Of course, an obvious example is that any attorney must understand the subject of civil procedure regardless of the area of law in which they practice. Some areas of practice, more than other areas, require an understanding of many different subjects. The practice of bankruptcy law is an excellent example. *Bankruptcy Bankruptcy lawyers represent individual and corporate creditors...

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Important California Laws To Know – Posting Harmful Information On The Internet

Important California Laws To Know – Posting Harmful Information On The Internet

In 2010, the California legislature enacted a law to counteract certain criminal conduct on the internet. Necessitated by the growing use of technology and social media, California lawmakers have established different laws to fight internet crimes, including a statute (known as posting harmful information on the internet, California Penal Code § 653.2) prohibiting indirect harassment on the internet. This offense is typically charged as a misdemeanor. The internet presents opportunities for many people to involve themselves in different internet crimes without their knowledge. The law against indirect electronic harassment is defined under California Penal Code § 653.2 PC, which reads as...

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Important California Laws To Know – Driving Under The Influence Of Alcohol

Important California Laws To Know – Driving Under The Influence Of Alcohol

In the United States, one person dies in a drunk driving accident every 50 minutes, which results in a toll of thirty every day. In 2018, 10, 511 people died in drunk-driving accidents. While these accidents have declined in the last thirty years, they still represent a significant loss of life that could be avoided with a little self-discipline and common sense. Drivers in California who drive under the influence of alcohol may be charged under California Vehicle Code § 23152(a) VC (driving while under the influence of alcohol), and California Vehicle Code § 23152(b) VC (driving with a blood alcohol content...

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Important California Laws To Know – Assault

Important California Laws To Know – Assault

California Penal Code § 240 PC defines the crime of assault or “simple assault” to which it is sometimes referred, in contrast to the crime of “aggravated assault.” Section 240 makes it a misdemeanor to commit or attempt to commit a violent injury on another person in California. Assault is a distinctive act because anyone may be charged with it even if they have not actually hurt anyone by their actions. While many laypersons often use the terms “assault” and “battery” interchangeably, they are actually two distinct crimes. The crime of battery involves the actual use of unlawful force or violence against another person while an assault...

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Important California Laws To Know – Divorce

Important California Laws To Know – Divorce

Many attorneys enter family law intending to make a difference in the lives of those who experience marital difficulties. Sadly, domestic relations law involves issues related to the end of a marriage - divorce, and separation. Issues related to children such as child support, child custody, and visitation naturally arise, which become issues of great priority and importance. Any young aspiring domestic relations lawyer must first become familiar with the law of divorce in California or the jurisdiction where they will ultimately practice. Law school graduates and young attorneys often believe that they may use their legal and personal skills to...

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About Jury Instructions

About Jury Instructions

One of the most important components of a trial is the case’s jury instructions. These instructions or directions help jurors pinpoint a case’s specific issues, as well as those laws that are applicable and determinative of the outcome. The importance of jury instructions to the outcome of a legal matter may not be emphasized or stressed enough. Jury instructions identify those issues that the jury will be required to decide so jurors may understand the legal principles applicable to the case. Jurors may not reach a proper verdict if they do not understand the jury instructions or the instructions fail to adequately...

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