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SPECIAL INTERVIEW: Valerie A. Powers Smith, Estate Planning Attorney | Hosted by Robert L. Schein, AIF®

SPECIAL INTERVIEW: Valerie A. Powers Smith, Estate Planning Attorney | Hosted by Robert L. Schein, AIF®

What is a Legal Separation? 

Separation Attorney Palm Springs

A legal separation can be described as a court-ordered arrangement that allows a married couple to live separately. If you are uncertain about the future of your marriage, but do not want a divorce, you may consider legal separation as a valid alternative.  

Separation Attorney Palm Springs 1024x674 - What is a Legal Separation?  | Palm Springs CA LawyerLegal separation will allow you to set financial boundaries as well as establish responsibilities, such as property division, child custody, separation maintenance and child support. Sometimes a legal separation may be required by the court before it grants a divorce.   

How does Legal Separation Work? 

A legal separation can provide you with most of the legal benefits of a divorce, while still leaving a door open for the possibility of a future reconciliation. Divorce may sometimes be prohibited by religious beliefs, which could make legal separation as a viable option without breaking the religious tenets.  

If you believe that for the sake of your children, divorce may not be the best choice, you may find legal separation to be a more ideal way out. In this case, while you and the other parent will function as separate individuals, you could still be together as a family, and manage to maintain order and stability for the sake of your children. 

In some cases, the opportunity to retain retirement and healthcare benefits may be a sufficient reason to choose legal separation instead of a divorce. When the legal separation is finalized, it will end the ability of a spouse to freely make payments using a joint bank account or joint credit cards. It will also impose limits on the use and control of assets such as property and automobiles.  

You should understand that legal separation is as much of a legally binding agreement as a divorce because both are court orders. Legal separation will entail certain obligations and duties that you and your spouse will have to legally uphold. In the future event of a divorce, the judge may look at the separation agreement to determine their divorce ruling.  

Advantages of Legal Separation 

In some situations, a legal separation may let you retain the benefit entitlements. For instance, if you are a military spouse and have been married for at least 10 years (while being legally separated), you will be eligible for the benefits provided by the Uniformed Services Former Spouse Protection Act. 

Similarly, staying married for at least a decade (while being legally separated) will make you eligible for certain spousal social security benefits. If your spouse will be drawing a higher social security amount than you at retirement, it will benefit you to stay married for at least 10 years as it will allow you to draw a larger sum (while receiving a part of your spouse’s social security) at the time of retirement. 

The Final Word 

While any split between couples is painful, sometimes a legal separation may be a more logical choice compared to a divorce. Remember than while a divorce is permanent, a legal separation could be temporary.  

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.  

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

How much do divorce lawyers cost in Palm Springs, California? 

Finding the Best Divorce Lawyer

How much do divorce lawyers cost in Palm Springs California 1024x836 - How much do divorce lawyers cost in Palm Springs, California?  | Palm Springs CA LawyerIf you are considering hiring a Palm Springs attorney for your upcoming divorce, one of your key concerns is likely to be the cost.  There are several different aspects related to the matter of lawyer’s fees in divorce cases. For example, if you hire a divorce lawyer to handle the entire case from start to finish, the costs would be higher than if you hire a consulting lawyer to handle only a portion of the case. 

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations. 

What is the Hourly Rate of Divorce Attorneys in Palm Springs, California? 

Almost all divorce lawyers charge by the hour (instead of a flat fee) because every case is unique. Even if your situation looks quite similar at the first glance to another couple, it doesn’t mean you will get the same outcome. 

On paper, you and your spouse might look similar to another couple – in both cases, there might be a two-income household with 2 children and jointly-owned home. However, you and your spouse might agree to compromise and settle the entire case after a couple of meetings. Meanwhile, the other couple’s case could turn into a bitter divorce that drags on for years! 

The hourly fee rates charged by lawyers are not set by law, and it’s a matter of contract between you – the client – and your lawyer. There are certain regulations to ensure an attorney doesn’t charge “unfair” fees, but generally speaking, the State Bar has little to do with the attorney’s hourly rates. 

A divorce attorney with a substantial experience (15 years or more) or special expertise is more likely to charge a higher hourly fee. This is not surprising considering these attorneys invest significant time, money, and energy in staying on top of California’s family law. You will be better off hiring such a seasoned divorced lawyer than someone who is less skilled and experienced.   

It’s important to discuss the attorney’s fees before hiring them if you have to be budget-conscious. Their hourly rate coupled with total time spent on your case will determine the final amount you’ll pay. 

What do Divorce Lawyers Bill for? 

Your Palm Springs divorce lawyer will bill you for everything they do in connection with your case, such as: 

  • Every communication you have with them (whether by email, text, or phone) 
  • Every time they have to communicate with your spouse (in case your spouse is self-representing), spouse’s lawyer, or anyone else involved in your divorce case 
  • Drafting settlement agreements  
  • Requesting documents or information, and conducting depositions 
  • Performing research and reviewing documents  
  • Preparing for and appearing at court hearings and trial 
  • Performing follow-up work post-trial 

Is there a Retainer for Divorce Lawyers? 

Almost all divorce attorneys will ask for an advance on their fees when you hire them – this fee is called a retainer. Depending on the lawyer you hire, a retainer may be anywhere from $2,000 to $5,000.  

In order for the attorney to devote their attention and energy to the divorce case, they need to be assured of continuing payment as they handle your case. If they are afraid that you won’t be able to pay them, they are less likely to do their best work.  

If your case gets resolved and there is an unused portion of the retainer that the attorney didn’t have to work for, they will refund that portion of your money. 

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas. 

Contact Us

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Posted in Law

What is Tort Law? 

Tort Law

Tort lawyer palm springs - What is Tort Law?  | Palm Springs CA LawyerTort law is the area of law that gives protection to people from bad acts of others. When a person commits a tort, civil law is violated. If a person is injured or hurt by someone else’s unlawful act, they can make a claim for compensation against the person who has committed the tort.  

The aim of tort law is to make sure that wrongdoers are required to compensate for the damage that they cause instead of the victims. 

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities. 

Tort Law is Not Criminal Law 

A tort may be a crime. However, tort law is not criminal law. Tort law grants a sufferer a civil remedy in the courts. At times, a tort is also a crime. Whether or not the state carries out criminal charges, a person can always go in for a civil remedy in the courts. 

A litigant does not require the permission of a district attorney or prosecutor to start a court action. In its place, they formulate a complaint. This is the document that keeps a record of what the other party did wrong. It requests for the relief that is allowed under the law. A tort action starts when the person files for the claim in a court of law. 

The Damage is not Always Physical 

Physical injuries are only one kind of damages from a tort. A person may experience emotional injuries also. They could have lost their privacy, their peace of mind, or even their personal reputation or business.  Any of these emotional or physical losses might give a person sufficient reasons to ask for a claim for recovery under tort law. 

Types of torts 

There are several varieties of torts. They can be categorized as follows:  

Negligence 

Every person in society has a responsibility to behave and perform in a way that does not cause any unreasonable danger to others. When a person acts in an irrationally dangerous way, they act neglectfully. When their careless act hurts someone else, they can be held liable. Some of the ways that negligence can happen are: 

  • Medical malpractice 
  • Car accidents 
  • Falling objects 
  • Slip and falls 
  • Construction accidents 
  • Failing to provide appropriate security at an event 

Product Liability 

Companies and people that manufacture and sell products have a responsibility to plan and manufacture them safely. If you are the victim of a product that is defective, you usually do not have to prove neglect. In its place, you simply have to prove that you are hurt due to the defective product. 

  • Intentional torts 
  • Battery 
  • Assault 
  • Intentional infliction of emotional distress 
  • Property 
  • False imprisonment 
  • Trespass 
  • Premises liability – the duty to keep your property safe 
  • Invasion of privacy 
  • Dignitary torts 
  • Defamation 
  • Malicious prosecution 

Common Law and Statutory law 

Tort law can come from both common law and statutory law. Common law refers to the general law of justice and fairness that advances through court decisions over a period of time. Largely modern tort theories of negligence are derived from common law. Courts today still support common law principles. 

Tort law can also come from statutory law. It implies that a legislative body might pass a law that makes changes in common law. They might also pass a law that forms a brand new tort. 

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas. 

 Contact Us

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Posted in Law

Divorce vs. Separation Law 

Legal Help for Marriage Issues 

Divorce vs Separation Law Attorney Palm Springs 1024x668 - Divorce vs. Separation Law  | Palm Springs CA LawyerIf you do not wish to live with your spouse any longer, but are unsure whether you are ready for a divorce, you have the option of a legal separation.  

Just like a divorce, it will involve negotiation on issues such as child custody, child support, visitation, spousal support, and property division. But unlike divorce, your legal status will be of a married person, even though you will live separately from your spouse.  

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.  

Key Distinctions  

The most fundamental difference between a divorce and a separation is that while your marriage gets dissolved in a divorce, a legal separation means that you are still married. Other key distinctions between the two include:  

Marrying another Person  

In a legal separation, you are not free to marry another person, but in a divorce, once it is final, you have the freedom to remarry.  

Healthcare and Other Benefits 

Healthcare and other benefits, including some social security benefits will end once your divorce is final. But in a legal separation, you can continue to retain these benefits.  

Decision-Making  

In a legal separation, you and your spouse are still legally viewed as next of kin, which means either party can make medical or financial decisions on behalf of the other in specific circumstances. This option is non-existent in a divorce because the divorced parties are not next of kin under the law. 

Debt Liability  

A legal separation may not absolve a spouse of some or all of the debt liabilities that occurred during the marriage. But in a divorce, the division of debts is finalized at the time of dissolution of marriage.  

Right to Spousal Property 

In a divorce, property rights over each other’s property are extinguished once the divorce is final. In a legal separation, the legal rights of the surviving spouse to the property of the other spouse are preserved in the event of his or her death.  

Reconciliation / Remarriage 

It is not possible to undo a divorce, and if you want a legal reunification, the only option available is to remarry. In a legal separation, reconciliation is a legal possibility.  

Similarities between a Divorce and Legal Separation 

If both parties fail to reach an agreement between themselves on certain issues, the court will decide on the following matters – whether in a divorce or a legal separation:  

  • Child custody 
  • Visitation rights of the non-custodial parent 
  • Property division (whether it is a divorce or legal separation, the division of marital assets will depend on several factors, and it may not be an “equal” division.)  
  • Separation maintenance (this is the equivalent of alimony and child support in a legal separation, but it has different effects compared to a divorce, and is usually obtain through a “motion pending litigation.”) 

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.  

 

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Estate Planning: Things to Do Before You Die

Estate Planning Things to Do Before You Die 933x1024 - Estate Planning: Things to Do Before You Die | Palm Springs CA Lawyer

 

As seen on Credit.com: 

Estate planning is the process of establishing a framework to manage your assets upon death, disability or incapacity. It involves creating documents that outline your wishes. While estate planning is not a pleasant task, it is critical that you implement it before you need it.

Here are critical documents and things necessary to cover the aspects of a well-devised estate plan.

  • Last Will & Testament / Living Will
  • Establish a Living Trust
  • Power of Attorney for Your Estate and Healthcare
  • HIPAA Release
  • Letter of Intent
  • Update Your Beneficiaries
  • Secure Your Digital Assets
  • Plan Final Arrangements
  • Make Copies of All Your Documents and Store in a Safe Place
  • Talk to Your Family and Friends About the Details

Read more:
https://www.credit.com/blog/7-documents-you-need-to-fill-out-before-you-die-164157/

 

Need Help with Estate Planning? Contact Us

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Update on SBEMP operations during Coronavirus restrictions

Probate Coronavirus Update - Update on SBEMP operations during Coronavirus restrictions | Palm Springs CA Lawyer

For questions please contact Valerie A. Powers Smith, Esq. at the above number or via email (powers@sbemp.com)

What is Technology Law?

technology law - What is Technology Law? | Palm Springs CA LawyerTechnology Law

Lawyers in the technology law practice area act on behalf of clients in transactions which involve intellectual property and technology, including joint development projects, strategic sourcing agreements, IP licensing, and manufacturing and collaboration arrangements distribution. These matters often relate to semiconductors, information technology, computers, communications, software, the Internet, and e-commerce. 

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

IP Protection and Technology Law

A large number of technology lawyers also undertake active counseling practices regarding IP protection strategies, compatible development, open source licensing, participation in standards bodies, and related areas. 

This practice also comprises accomplishing diligence investigations and discussing terms with respect to IP ownership and technology dependencies in relation to internal IP audits, acquisitions and mergers, public offerings, and a host of such strategic transactions. 

Sourcing is an area that especially calls for expertise in, for instance, corresponding service levels, creating the appropriate scope of services and variable pricing terms. Technology attorneys also usually act as “outsourced general counsel” for companies related to technology.

Practitioners placed in this area have proven their expertise in intellectual property as well as commercial law. They also have adequate knowledge of industry best practices. 

These lawyers should also possess good business acumen because technology lawyers usually help clients in forming the core business terms of the deal, besides giving advice on intellectual property rights allocation, warranties, indemnities, licensing terms and the like. Attorneys practicing technology law are often found keenly assisting clients in creating new models of business.

Some of the main aspects to keep in mind while hiring an attorney for a technology consultation or transaction are background in the relevant segment of the industry, proficiency with the type of intellectual property rights involved, adequate know-how with the implicated technologies and their development, and sufficient experience with party on the other side of the deal. 

A technology lawyer can be expected to swiftly comprehend what assets are most valuable to a client, what synergies the client expects to accomplish through the deal, and a sound strategy of negotiation that takes all these factors into account.

Information Technology Law

Information technology law offers the legal framework for gathering, storing, and distributing electronic information in the global market. Attorneys practicing in this field of the law act on behalf of businesses and individuals from several different industries. 

They assist in giving a structure to the transactions of information technology in a manner that gives maximum economic benefit to the client while safeguarding regulatory compliance. A lot of importance is also placed on foreseeing possible areas of dispute between the parties to a transaction, and making agreements that will address all these concerns, thus eliminating the chances of litigation.

When disputes arise in the area of information technology that cannot be settled outside of the court system, an attorney who specializes in these kinds of cases will always be a strong advocate in comparison to a general legal practitioner. Information technology law firms are interested in hiring attorneys who have practical experience working in the industry before joining the legal profession. 

A lawyer who has such a background will always be more effective at explaining technical concepts to the jury or judge, and he or she is more likely to have contacts within the industry that make getting expert witnesses and consultants less difficult.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

What is Tax Law?

Tax Law

Tax Law - What is Tax Law? | Palm Springs CA LawyerTax law refers to is the practice of law that is related to the payment of taxes and assessment. Tax laws originate from a wide variety of sources. They come from state, federal, and local authorities. They are created in federal and state constitutions, regulations, and laws. Tax law consists of comprehending, applying and defending the payment or non-payment of taxes.

Tax attorneys assist their clients to comprehend tax laws and carry out their affairs in a manner that is beneficial with respect to tax laws. When disputes happen, tax lawyers aid their clients defend their rights as well as protect their interests. Tax law is the understanding and application of tax laws that may influence both corporations and individuals.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities.

Types of Tax laws in the United States

There are several different kinds of taxes in the United States. A tax lawyer can assist their client in any of the following kinds of disputes of tax:

  • Estate tax
  • Income tax
  • Business tax
  • Taxes that promote environmentally sound activities
  • Property tax
  • Capital gains tax
  • Import tax
  • Taxes on gifts
  • Vice tax or sin tax
  • Employment and payroll tax

Individual and Business Tax Laws

Both businesses and individuals pay tax in the United States. Usually, taxes are based on the value of an entity. For instance, the higher a person’s income, the greater they pay in income taxes. The structure of the US federal income tax levies higher tax rates for higher levels of income. Even a system of flat tax evaluates additional tax as the value of an article or sale goes up.

A tax assessment could be simple or complex. For instance, the US income tax code makes allowances for exemptions and deductions. If you invest in a 401k, you would be able to make deductions of your contributions from your income. 

You may be also able to subtract from your taxes for high medical expenses, the cost of an adoption, or even the cost of raising a child. On the other hand, a tax may be a simple percentage of the value of an item or account.

Taxes in the United States are chiefly self-assessing. For example, anyone can report their individual income sources and claim deductions. They can file their own tax return. The US government may decide to audit someone’s taxes, but the rate of audit rate is very small in comparison to the number of tax returns that are filed very year.

At times, the government may decide what tax to assess. Even non-resident US citizens are required to pay their taxes. Americans living abroad should file their tax returns. Tax law comprises of knowledge as to how to challenge a tax assessment or justify a self-reported payment of tax.

Income Tax Law

US income tax laws can be found in the Internal Revenue Code. The Internal Revenue Service (IRS) comes under the US Department of Treasury. The IRS manages the US tax code and gathers taxes. US tax law makes use of a graduated tax rate for personal income taxes. 

When a person earns more, they will be required to pay a higher tax rate on the money that they make. There are important exemptions and deductions that may have an impact on the final liability of the taxpayer

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Posted in Law

What is Statutory Law?

Statutory Law

What is Statutory Law - What is Statutory Law? | Palm Springs CA LawyerStatutory law refers to the law that is written by a legislative body. It is the law created deliberately by the government through chosen legislators through an official process of legislation. The judiciary is responsible for the interpretation and the enforcement of statutory law, but the judiciary cannot create statutory law.

Laws created by statute are usually codified. That implies that they are all assembled in one place and allotted numbers for the purpose of reference. For instance, the United States Code is the indexed collection of US law. States have their own groups of codes and statutes.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

What is not Statutory Law?

Statutory law refers to the law that is created firmly by a legislature and then formulated into law. Representatives contemplate what they think the law should be. They devote time to planning, preparing, editing, and then finally passing the law. To comprehend statutory law, it is helpful to recognize what it’s not:

Common Law

Common law is law that is created by the judiciary over a period of time. It is not approved by a legislative body. Instead, case by case, the judiciary decides what they think are sound principles of law.

When these principles are applied, individually, in real cases, common law comes into existence. This is not statutory law. Statutory law is created in a single act by a legislative body. It is not fragmentary like common law. Rather, statutory law either exists, or it does not.

Administrative law

Administrative law refers to the body of law that is formulated by executive agencies. Legislators sanction the agencies to exist. They permit the agencies to create their own rules in their respective areas of governance.

A body of Law can be Both Statutory and Common law

In some instances, a part of law develops through common law. Then, lawmakers turn up and make additions to the law through statutes. They may not entirely overrule or even write out the existing state of the common law. As an alternative, they may simply explain it and add to it.

How the Courts Interpret Statutory Law

When the courts embark to understand a statute, they begin by looking at the plain language of the law. If the law is sharp and well-defined, the courts bring to a close that the law implies what it says. The courts assume that the legislature wants to give meaning to every word in the law. They refuse the idea that the legislature would have put in extra words anything that they do not mean.

The courts attempt to follow the goal of the legislature. In some situations, a court might cancel a statute, in case they find that it is unconstitutional. 

Who can Create Statutory Law?

Statutory law can be created at all levels of government It may come from state, federal, and even local governments. A government can formulate a statute that is applicable in its jurisdiction and to the lower levels of government. For instance, the federal government can make a law that is relevant all through the United States. The states can create laws that will be applicable to only their states.

Cities, townshipsm and other municipalities can formulate laws that will be applicable within their borders. A municipality cannot cancel a state or federal law. Similarly, a state cannot cancel a federal law.Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Posted in Law

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