Crossed the country testing the market for yogurt in the UK. At the moment I'm writing about methane in the financial sector. What gets me going now is merchandising the elderly in Prescott, AZ. rior to my current job I was creating marketing channels for methane for the government.
Below are definitions of business terms commonly associated with going public.
Agent. A person who buys or sells stocks for the account and risk of another person. An agent undertakes no financial risk and receives a commission for his/her services.
American Stock Exchange (AMEX). An open auction market where buyers and sellers of securities trade in a centralized marketplace. The AMEX typically lists small to medium cap stocks of smaller or younger companies.
Articles of Incorporation. A document filed with the secretary of state of a state which sets forth certain required information about the corporation.
Balance Sheet. A listing of a company’s assets, liabilities and net worth as of a fixed point in time.
Board of Directors. A group of individuals, elected by the shareholders of a company, who oversee the management of the company.
Broker. An agent who acts as an intermediary between a buyer and a seller of securities. A broker receives compensation in the form of commissions.
Business plan. A written document that describes a business, its objectives, strategies, market ,and financial forecast.
Capital. Monies invested in a business enterprise.
Capitalization. The total amount of various securities issued by a corporation.
Cash flow statement. A charting of sources and uses of cash of a business.
Certificate of Incorporation. A certificate issued by the secretary of state of a state indicating that a corporation’s articles of incorporation have been accepted for filing and that the corporation is incorporated.
Corporation. An organization formed under state law for the purpose of carrying on a business enterprise in such a manner as to make the enterprise distinct from its owners.
Dealer. An individual or firm who buys and sells securities as a principal rather than as an agent. The dealer’s profit or loss is measured by the difference between the price paid and the price received for a security.
Debt financing. The use of borrowed money to finance a business.
Due diligence investigation. An examination by a company’s investment bank and accountants of the company’s management, operations, financial condition, competitive position, performance, and business objectives and plan, as well as information regarding the company’s labor force, suppliers, customers, and industry.
Equity. Stock ownership in a corporation.
Equity financing. The securing of a monetary investment from an investor in which the investor becomes a part owner of the business.
Financial reports. Reports that show the financial status of a company at a given time.
Financial statement. A presentation of financial information derived from the accounting records. Financial statements include a Balance Sheet, Income Statement (or Profit and Loss Statement), and Cash Flow Statement.
Float. The number of shares of stock actively traded over a specified period of time.
Going public. The process of a private company selling its stock to the public to raise capital.
National Association of Security Dealers, Inc. (NASD). A self-regulating industry association of broker/dealers in the over-the-counter securities business. The NASD administers the NASDAQ.
National Association of Security Dealers Automated Quotation System (NASDAQ). A global intranet which provides brokers and dealers with price quotations on securities traded over-the-counter.
New York Stock Exchange (NYSE). A trading floor marketplace where public buy and sell orders meet, resulting in competitive price discovery at the point of sale. The NYSE is linked to other markets through the Intermarket Trading System (ITS).
Offering statement. See “Prospectus.”
Over-the-Counter (OTC) Market. A residual securities market. All transactions that do not take place on a stock exchange are said to be executed in the OTC Market.
Prospectus. A written document prepared for presentation to investors as both a selling document and as a legal disclosure document. The prospectus contains a description of the business, management, management compensation, intracompany transactions, names and shareholdings of principal shareholders, audited financial statements, a discussion of operations and financial condition, use of proceeds, dilution, and the company’s dividend policy, as well as a description of the company’s capitalization and underwriting arrangements.
Public offering. The sale by a company of shares of its stock to the public in the financial market.
Registration statement. A document filed with the SEC which discloses pertinent information relating to a company’s operations, securities, management, and the purpose of the offering. Before a security may be sold on a national stock exchange, it must be registered.
Stock exchange. An organized marketplace where securities are bought and sold.
Subchapter S Corporation. A corporation that has elected under Subchapter S of the Internal Revenue Code not to pay any corporate taxes on its earnings, and instead to have its shareholders pay taxes on it.
Securities and Exchange Commission (SEC). The federal governmental agency that maintains order of the stock and securities exchanges.
Syndicate. A group of investment banks that collectively underwrites and distributes a new issue of securities to their customers and to the public.
Underwriter. See “Investment Bank.”
Securities Attorney Free Consultation
When you need legal help with a private placement memorandum, SEC filings, going public or other securities law in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088United States
Telephone: (801) 676-5506
We are what we own. However when the times comes to go, we have to leave our possessions behind and go. What happens to our possession after we are dead? Do our family members get to enjoy them? It all depends on what planning you did during your life time. Speak to an experienced Provo Utah probate lawyer to know how you can ensure that your family members get to enjoy your assets after your death.
Perhaps the most basic distinction is between real property and personal property. Real property is land and things permanently attached to the land. (Thus the origin of terms such as “real estate” and “Realtor.”) Personal property is everything else. Furniture, jewelry, and cars are personal property, but so are intangibles such as copyrights, patents, promissory notes, and stocks and bonds. Some types of property present difficult definitional issues–growing crops are sometimes real property, sometimes personal property–but for the most part the distinction between real and personal property is easy to understand.
There is perhaps nothing more difficult than to give a precise and consistent meaning to the word ‘property’. The word ‘estate’ is often used to denote the whole of a man’s proprietary rights, more especially after his death. This sense of the word ‘estate’ must not be confused with the special meaning which it has in regard to interests in land. When we speak of a man of property, we may perhaps think in one of two ways. First, we may think of the traditional or even old-fashioned type of man with tangible material things which belong to him–land and houses, horses and cattle, furniture and jewelry and pictures– things which he may use or destroy (so far as that is physically possible); from which he may exclude others; which he may sell or give away or bequeath; which, if he has made no disposition of them, will pass on his death to persons related to him. Alternatively we may think of the more modern figure of a man whose wealth lies in his investments in stocks and shares. Whichever type of man we think of, we may find it difficult to say whether by ‘property’ we mean the things themselves or the aggregate of rights which are exercised over them. To confine the word to either sense would hardly be possible without pedantry; though on the one hand we may agree that a thing which has no owner–a rare event in a civilized country, except in the case of a few things, like wild animals at large–is not property, and on the other we may often avoid confusion by using the word ‘ownership’ for the most extensive right which a man can have over material things. But, further, we shall find that our conception of property relates to many things which are not tangible or material. Our man of property may be an author or a patentee, and we shall hardly be able to say that his copyright or patent right is not part of his property, or even to avoid speaking of his ownership of the copyright or patent. He will have debtors: his bank is a debtor to him for the amount standing to his credit; his investments of money are claims to receive payment from the State or from corporations or individuals. Such debts and claims are not rights over any specific tangible objects; they are mere rights against the State or the corporation or the person liable to pay. Yet these rights are transferable, and will pass on his death to his representatives.
We cannot exclude them from our notion of property or deny that in a sense, at any rate, he is the owner of them. On the other hand his ‘property’ clearly does not include all his rights. To say nothing of his general right of liberty or reputation, his rights as a husband or a parent are not proprietary rights, nor is his right to recover damages for personal injury or defamation; but we may include among proprietary rights the right to recover damages though unliquidated (i.e. of uncertain amount until settled by a judge or jury) for breach of contract, or probably even for injury to his property. Generally speaking we shall include under the notion of a man’s property in its widest sense all rights which are capable of being transferred to others, of being made available for payment of his debts, or of passing to his representatives on his death.
Ownership and possession
Turning to rights over tangible things, we must notice the distinction between ownership and possession. The owner of a thing is the person who has, in the fullest degree, those rights of use and enjoyment, of destruction, and of disposition, which have been mentioned above–subject of course to the general rules of law which protect the rights of others, to certain limited rights which he or his predecessors may have created in favor of others, and in the case of land to rules imposed by statute under which local and other authorities may purchase property compulsorily. The owner of a firearm is none the less owner because the law prohibits him from discharging it in a public highway; the owner of a field does not cease to be owner because the public or a neighbor has the right to use a footpath across it.
You’ve worked hard all your life for your money, and you’ve worked hard at taking care of it. But do you really know what will happen to what you’ve accumulated after you die?
The fact is, if you don’t plan properly now, your estate could be eroded by estate taxes. And subjecting your estate to probate – the legal process through which the court ensures that upon your death, your debts are paid and your property is distributed according to your will – may mean additional costs and delays in transferring assets to your heirs. So, if you want your estate to go to your heirs instead of to the IRS, plan carefully now.
There are three main objectives of estate planning. The first is to reduce estate expenses and taxes. The next objective is to make provisions in advance for meeting these expenses so that your estate is not forced to liquidate assets at a distress price. The third objective of estate planning is to ensure that the remaining assets are distributed to your heirs in orderly manner and according to your wishes. Estate planning is essential since the first payments made from an estate are for estate expenses and estate taxes; your heirs actually receive what is left.
Many people believe a will is the best way to plan for the distribution of their estates, but this is not always true. A will does not avoid probate, and, because a will can go into effect only after you die, it provides no protection for you and your heirs if you become disabled.
What is so bad about probate?
The probate process can be an expensive and time-consuming process, depending on the state where you live. Probate costs, which must be paid from your estate before anything can go to your heirs, are generally estimated at 5 percent of an individual’s gross estate value and can be even higher in some cases. The probate process can take at least one to two years.
During probate your family loses control of your estate, as well as privacy. The probate process – not your family – has control, and your assets may be tied up until this process is completed. Additionally, probate fields are open to the public, so anyone can get information about your assets and liabilities.
Fortunately, there is an alternative to wills and probate. It’s call the revocable living trust. It avoids probate and ensures your estate plan won’t be altered by the court or legal technicalities in the event of your death or disability.
What is a living trust?
If you establish a trust during your lifetime, it is calling “living” trust. It’s a legal document similar to a will but offers much more. When you set up a living trust, you simply transfer most of your assets from your individual name to the name of your trust, which you control. Since there is no probate process with a living trust, upon your death, your assets are transferred to your heirs. All expensive court proceedings and delays are eliminated, your privacy is preserved, and the emotional stress on your family is minimized.
If you have a modest estate and your trust is fairly simple, you may be just fine as your own trustee. But if your estate is larger, has a variety of assets or requires tax planning, you should probably consider having a professional trustee involved.
Most people select a corporate trustee as their successor or co- trustee, especially if they don’t have the time, ability or desire to manage their own trust, or if one or both spouses are in declining health. Corporate trustees are in the business of managing trusts – they’re experienced investment managers and trained to be objective. their fees are generally competitive and if something happens to you, your corporate trustee will continue to manage your trust for you according to your instructions. If you and your spouse are co-trustees, either can act and instantly take control if one becomes disabled or dies.
If you die or become incapacitated, or if you are the only trustee, the trustee you selected can automatically step in and take over for you. This successor trustee looks after your care and manages your financial affairs for as long as necessary, using your assets to pay your expenses.
How is a living trust established?
You make the basic planning decision – inventory your property, decide who will be your beneficiaries, select your successor trustee, name a trustee and guardian for minor children, etc. Your attorney then prepares the actual legal document that addressed your specific needs. You sign the trust document, it is notarized, and then you change most of your property titles to reflect the name of your trust. You should also change beneficiary designations on appropriate assets.
Speak to an experienced Provo Utah probate lawyer
Seek an appointment with an experienced Provo Utah probate lawyer today to know how you can develop an estate planning device that can help your family members enjoy your assets without having to go through probate. Sometimes, your best option may be a will. Every will in Utah must pass through probate. An experienced Provo Utah probate lawyer can help you get a will probated.
Provo Utah Probate Attorney Free Consultation
When you need legal help with a case about probate in Provo Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We do probate, estate planning, estate representation, estate administration, last will and testaments, powers of attorney, health care directives and so much more. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088United States
Telephone: (801) 676-5506
5-year separation is one of the 5 grounds for divorce in some states, but in Utah, you don’t even need to be separated in order to file for divorce. This ground for divorce is used in many different circumstances in other states, but not in Utah. This is due to the fact that you do not actually need your spouse to agree to the divorce petition. However, like all grounds for divorce, there are a few facts that you need to know before filing for divorce using this ground.
• You have to have been separated for at least 5 years
Your spouse does not need to agree to the divorce petition: The main benefit with a 5-year separation is that unlike all 4 other grounds for divorce your spouse does not actually have to agree to the petition. Getting divorced based on 5-year separation puts not blame on either spouse so there isn’t anything to defend.
You have to show the courts that you have done everything in your power to find your spouse although the divorce petition does not need to be agreed to by your spouse you still have to deliver the divorce petition to them. If you do not know their new address you have to prove to the courts that you have done everything in your power to try and find them. This could mean having to contact their work, relatives, friends etc. If you can find an address for your spouse, it could save you over £500 on the overall cost of your divorce. This is why its important to do everything in your power to find them before trying a different route.
If this is unsuccessful then you will need to follow a different avenue to find them. There are 3 different options that you can take depending on your situation and these are:
• Application for substituted service of the divorce petition
• An application for a Disclosure order from HMRC
• Application to Dispense with service of the divorce petition
Your spouse can claim grave financial or other hardship and that it would be wrong in the circumstances to dissolve the marriage to stop the decree absolute being issued. Another way that your spouse could dispute a 5 year separation divorce petition is by claiming grave financial or other hardship as a result of the dissolution of marriage. If your spouses’ claim for grave financial hardship is successful then you will remain married. However, it’s important to understand that this is not something that is easy to claim. The hardship must be as a result of the dissolution of marriage and not just from the breakdown of the marriage. If the breakdown of the marriage has already caused the grave hardship that your spouse is claiming then their claim will be unsuccessful.
Main Factors That Contribute to The Average Cost Of Divorce
While this list doesn’t cover everything, the four main factors that impact divorce costs are:
• The level of cooperation or conflict between you and your spouse
Divorces are like snowflakes and no two are exactly alike. So when asking, “How much does divorce cost?” think about your own personal situation. And the complexities that surround it.
Average Costs For Each Of The Divorce Options
• Do-It-Yourself Divorce: In a Do-It-Yourself Divorce, there is no involvement from outside professionals. Instead, you and your spouse are solely responsible for carrying out all of the steps to divorce. Do-It-Yourself Divorce is your lowest cost option. The only fees you’ll pay are those directly related to the paperwork and filing of your divorce. The average cost to get divorced using Do-It-Yourself Divorce ranges from 0 to ,500, depending on the complexity of your case and specific court and paperwork fees. No matter what, you will need to pay court and filing fees of approximately $300, with additional costs coming from other paperwork and valuations that may be required by the courts depending on your particular situation.
• Internet Divorce: Internet Divorce is similar to the “Do-It-Yourself” Divorce option in that the couple is responsible for undertaking all of the steps to divorce. The cost to register with an Internet Divorce Service averages 0. In addition, just like each of the other divorce options, the court fees related to the paperwork and filing of the divorce range from 0 to ,500. So the total cost for an Internet Divorce is between 0 and ,800.
• Lawyer-Driven (includes Litigation): This is an oversimplified description of how a Lawyer-Driven Divorce works. In reality, there are many more steps involved and the steps vary from state-to-state and county-to-county. In addition, the process itself may vary significantly from state-to-state and lawyer-to-lawyer. In a Lawyer-Driven Divorce, one or both spouse hires a lawyer to help them complete the steps required for divorce. But unlike a mediator, who is neutral and works for both spouses, a lawyer can only represent one spouse. For this reason, the lawyer’s job is to advocate for the one spouse that hired them with the goal of attaining the most favorable outcome for their client.
Divorce lawyers charge for time, which means that the client will receive a bill for every communication the lawyer undertakes on the client’s behalf. That includes, but is not limited to: every phone call, e-mail, letter drafted, meeting, court appearance, etc. Lawyers for divorce average cost ranges from 0/hour to 0/hour. To start, most lawyers require an initial retainer of $3,500 to $10,000 per spouse depending on the complexity of your case and how well you and your spouse get along. The retainer is only the beginning for most people. Costs for a standard Lawyer-Driven Divorce can range from $15,000 to $32,000. Costs for a divorce that goes to trial vary, but can range from ,000 to 0,000 per couple.
When you and your spouse agree to divorce and you also agree about how you’re going to separate your lives, an uncontested divorce can save you a great deal of money. Exactly how much it will cost you depends on several factors. If you feel comfortable handling the matter yourself and you don’t mind doing a little research into your state’s legal procedures, you might spend less than $500. If you hire an attorney to take care of the details for you, that figure might rise even higher.
Representing Yourself
If you decide you don’t want to use an attorney, you have two options. You can purchase a divorce kit on the Internet, usually for less than $100. These include all the forms and documents necessary for your state. You can usually get the same forms for free if you want to invest some time into tracking them down. Many states offer them on their judicial websites, along with detailed instructions. You might also be able to get them from your local courthouse or find a format you can follow at a public law library.
Using an Attorney
If you choose to use a lawyer, the cost of your uncontested divorce will depend on where you live, who you hire and your fee arrangement. Many attorneys offer flat fees for uncontested divorces; others charge retainer fees, which act as deposits they bill against monthly for the hours they invest in cases. The average flat fee ranges from $200 to $1,500, depending on the complexity of your assets and whether you have children. If you retain an attorney, he will bill your deposit at the rate of $250 to $450 for each hour of his time. Attorneys practicing in large metropolitan areas may charge more than $450, and those in rural areas may charge less than $250 per hour.
Extra Costs
Whether you handle your divorce yourself or hire an attorney, there will be extra costs. State courts charge a filing fee for a divorce petition, usually in the neighborhood of 0. If you use a sheriff or private process server to deliver your petition to your spouse, this will cost an additional $35 to $100. In most states, you can bypass this expense if you’re on amicable terms with your spouse. He can sign an acceptance of your petition or waiver of service, which you would then file with the court. Realistically, you should add an additional 0 to 0 onto the cost of your divorce kit or your attorney’s fees for these expenses.
Other Options
You also have some “hybrid” options to cut your costs of an uncontested divorce. Legal services online will prepare your divorce paperwork for you, which costs more than purchasing a kit but usually less than retaining attorney. The average cost is about 0. You can also hire an attorney by the hour to review your paperwork for you. This will cost less than a flat uncontested divorce rate, but would not require putting down a retainer fee. You’re not retaining the attorney; you’re purchasing his time by the hour, just for specific services.
Average cost of divorce mediation
Relationship support provider Relate say that mediation ‘generally costs far less than an often lengthy and costly court battle.’ If the thought of paying all those court and solicitor fees fills you with dread then settling a divorce with mediation might be the better option. A mediator won’t tell you what to do but will aim to help both parties reach their own agreements amicably, whilst trying to improve communication. An initial meeting fee has to be paid to assess whether your case is suitable for mediation – this ranges from $150 to $350 depending on location and charges. If you end up going to court then you’d need to confirm to the courts you had attended this meeting, as it’s a court requirement. Depending on how many sessions are needed, costs for mediation can range from 0 to ,500 – a small slither compared to the thousands and thousands you’re charged if your divorce goes to court. Keep in mind that all divorce cases must attend mediation before going to a divorce trial in Utah.
Average cost of divorce arbitration
Another option, and an alternative to court proceedings, is family arbitration. It involves having a third party to collect and hear all evidence and then make a decision, if perhaps a mutual agreement or mediation has failed to sort out matters. It’s worth bearing in mind that, like the courts, this route means a decision is made for you. You can find a qualified arbitrator listed on the Institute of Family Law Arbitrators website, however costs very case to case and by the level of experience the arbitrator has. Most will also charge by the hour, but a fixed fee can be arranged for more simple cases.
• Don’t Underestimate Your Expenses: Be exact when figuring out what exactly you spend each month. Expenses will be important to know when things like alimony and child support are decided.
• Make Sure You Get Your Portion of Your Spouse’s Pension: These retirement plans have value today, even if you can’t access them until retirement. Make sure you’ve given your fair share as the spouse. This may require the help of an actuary to figure out the amount.
• Secure Alimony or Child Support With Insurance: If your spouse dies or becomes disabled, make sure there is language in the plan that ensures you will still get paid.
Utah Divorce Lawyer Free Consultation
When you need legal help with a divorce case, or child custody, or child support, or modification of a divorce decree in Utah, or modification of child custody, or help with a prenup or postnuptial agreement, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with all aspects of family law.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088United States
Telephone: (801) 676-5506
If you have been charged with kidnapping, you first course of action should be to get in touch with an experienced Lindon Utah criminal defense lawyer. If convicted you will have to serve a prison term.
A kidnapping occurs when the defendant either secretly confines the victim against his will or transports the victim from one place to another by force, threat of force or deceit with the intent to secretly confine the victim against his will. The essential elements of proof in a kidnapping case focus upon the defendant’s knowledge and intent and the secret and nonconsensual nature of the victim’s abduction and/or restraint.
Knowledge and Intent
The defendant in a kidnapping case must act with knowledge that his restraint or abduction of the victim is unlawful. This means that the defendant must act with a conscious awareness that his conduct is unlawful and determine to proceed with the conduct despite this awareness. As in other criminal cases, proof of the defendant’s knowledge and intent may be based upon circumstantial evidence. Typically, the circumstantial evidence of knowledge and intent in kidnapping cases involves consideration of several factors including the presence or absence of a preconceived unlawful plan by the defendant, the nature and duration of the restraint or abduction and the defendant’s own belief as to the nature of his conduct. For example, if the defendant argues that he believed that the victim consented to the restraint, then that belief is a factor to be considered when evaluating the defendant’s knowledge and intent concerning the unlawful nature of the restraint. Ultimately, the judge or jury will determine the issues of knowledge and intent by carefully considering all of the factual circumstances, including the defendant’s credibility on the issue of consent.
Abduction or Restraint and Secret Confinement
The act of kidnapping may be accomplished by either restraining the victim at a particular location (e.g., the victim’s own home or office) or by abducting and transporting the victim to another location for the purpose of secret confinement. As a practical matter, the element of abducting and transporting the victim to another location can be demonstrated by very little physical movement. For example, forcing the victim to walk half a block to a vacant apartment might be considered “abducting and transporting” the victim from one place to another. Further, although the confinement must be secret, it can take place in an outdoor location or in a vehicle, as long as the victim is somehow shielded from the public and thereby unable to seek help.
Against the Victim’s Will
The abduction or restraint element of kidnapping must occur without the consent of the victim. The victim’s lack of consent may be demonstrated by direct or circumstantial evidence. If the victim is able to testify and denies that she consented to the restraint or abduction, then that is direct evidence of lack of consent. Beyond that, the lack of consent must be demonstrated by circumstantial evidence. Use of a weapon, threats or actual physical force by the defendant before or during the abduction or restraint provides some evidence of the victim’s lack of consent. Lack of consent may also be demonstrated in instances when the victim is induced by fraud or somehow rendered helpless in order to effectuate the abduction or restraint.
For example, if the defendant directly or indirectly administers a drug to render the victim unconscious so as to more easily abduct and transport the victim to a secret location, the abduction will be considered against the victim’s will since the defendant is inducing and taking advantage of the victim’s helpless condition. The age of the victim may also affect the lack of consent. Some state statutes contain provisions establishing a presumption that children under a certain age lack the necessary maturity to give knowing consent. Children are thus deemed incapable of giving consent, without regard to whether they may have actually given consent. This type of statutory provision makes it easier for a prosecutor to prove that children have been abducted against their will in instances when the children are enticed by strangers and appear to voluntarily accompany their abductors.
Kidnapping as a Separate Offense
An issue that often arises in kidnapping cases is whether the act of kidnapping can be separated from any underlying criminal conduct that may have been committed as part of the kidnapping. This question arises because some crimes by their very nature require that the victim be unlawfully detained for a period of time. Therefore, to charge the crime of kidnapping, the act of detention must be clear and distinct from the underlying offense. If the detention is an integral part of the underlying offense, then it merges with that crime and may not be charged as a separate offense.
In some cases, a defendant charged with a criminal offense will offer evidence of a particular syndrome as a means for explaining conduct at the time of the offense. One of the more popular syndrome defenses is the battered woman’s syndrome. Usually, in these cases, the battered woman, after a period of serious emotional and/or physical abuse, strikes out and kills her abuser. Self-defense is generally not an option in such cases because the killing often takes place when there is no threat of an imminent attack. Yet, the battered woman is indeed striking out against her abuser and the years of abuse. If she is prevented from using a defense of self-defense because there was no imminent unlawful attack, then her conduct looks very much like a premeditated, deliberate and intentional killing, with very little in the way of excuse or justification. In an effort to offer an explanation for her conduct and to place the judge or jury in her shoes at the time of the offense, the defendant may present evidence of the battered woman’s syndrome. Offering evidence of this syndrome helps answer the question that inevitably arises in these cases: “Why didn’t she simply leave the situation rather than killing her abuser?”
The battered woman’s syndrome allows the defendant to introduce evidence that battered women often feel emotionally and financially trapped by their abusive situations and are in constant fear that their abusers will violently attack with little or no advance warning. Thus, the syndrome evidence is offered to explain why the defendant decided to act when she did and how she did. In that sense, the battered woman’s syndrome is not presented as a defense to the crime in the strict sense. Instead, it is offered as an explanation for why the defendant may have been thinking and acting as she did at the time of the offense. From the defense perspective, it is hoped that this evidence will engender compassion from the judge or jury when deciding the defendant’s fate and will ultimately result in a reduced punishment.
Another example of syndrome evidence is the rape trauma syndrome. The government, during a rape prosecution, may offer evidence to help explain why the rape victim may not have acted as expected after the rape incident occurred. In some instances, a rape victim does not report the crime immediately and may even react calmly after the incident. The rape trauma syndrome helps the judge or jury to understand the victim’s conduct by explaining that some victims may be under such severe shock that they may be physically and emotionally incapable of confronting the circumstances of the rape. The rape trauma syndrome explains that although rape victims may act in a manner that appears outwardly calm, they are in fact suffering from the severe trauma of rape. Of course, the court must take special care to insure that rape trauma syndrome evidence is not used to prove that, in fact, a rape occurred. Instead, the evidence should be limited to explaining why the victim may not have behaved as “expected” in light of the charges being made against the defendant.
Another popular example of syndrome evidence is the “Vietnam veteran syndrome,” which is sometimes referred to as post-traumatic stress disorder (PTSD). In these cases, the defendant offers specific evidence to demonstrate how his traumatic combat experiences have affected his ability to cope with and respond appropriately to everyday noncombat circumstances. Again, a defendant offering this type of evidence is attempting to place the judge or jury in his shoes to help them understand his peculiar perspective at the time of the offense. With that unique understanding, it is hoped that the judge or jury will be somewhat compassionate when determining the appropriate punishment for the offense committed by the defendant.
Mistakes
One of the basic maxims of criminal law is that ignorance of the law is no defense. This means that defendants may not escape criminal liability by claiming that they did not know that their conduct violated the law. The rationale for this is that the law is knowable and citizens should therefore be encouraged to discover the law rather than avoiding knowledge and using ignorance as a defense. There is, however, one notable exception to this general rule.
Ignorance of the law (or mistake of law) may serve as a defense if the defendant sought knowledge or advice from a person or entity with official authority to interpret the law and it is subsequently determined that this official interpretation was incorrect. This qualifies as an exception because the circumstances indicate that the defendant made a good faith effort to discover the law and should not be penalized if it turns out that the advice or information concerning the law was inaccurate.
Entities with official authority to interpret the law include courts, legislatures, administrative agencies and law enforcement authorities.
A defendant who makes a mistake of fact may have a valid defense in some cases if the mistake is reasonable under the circumstances. For example, in a sexual assault case, if the defendant mistakenly believes that the victim consented to sexual intercourse, then the defendant has made a mistake of fact. When the defendant raises this defense at trial, the judge or jury will have to examine all of the facts related to the incident to determine if the defendant’s mistake of fact was reasonable in light of all of the surrounding circumstances. If the mistake as to the victim’s consent was reasonable, then the defendant could not have intended to sexually assault the victim. Thus, a mistake of fact can serve to negate the necessary mental state for the offense.
A defense of mistake of fact may also be valid if it negates the specific intent necessary for a crime. For instance, if the defendant takes property under the mistaken belief that it has been loaned to him by the owner, then he probably cannot be successfully prosecuted for the crime of larceny. Larceny requires a taking and carrying away of the property with the intent to permanently deprive the owner of the property. If the defendant honestly, but mistakenly, believes that the property had been loaned to him, then he cannot have the specific intent to unlawfully and permanently deprive the owner of the property–a necessary element for a larceny conviction. Again, whether the defendant has in fact made an honest mistake will be evaluated by examining all of the surrounding circumstances.
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Most probate records are open record, accessible to anybody needing data on a perished individual or their property. The province probate representative keeps probate records that you can look face to face, or you might probably see some data on the web. Looking through probate records can uncover procedures in which you may be by and by intrigued, for example, a relative whose bequest is being probated. It’s likewise a decent method to do ancestry research and assemble data about your family.
Probate/estate files include the proceedings of all business relating to:
• the proving of a will, in cases where there was one, or
• to the ultimate settling of an estate in instances where the individual died intestate (without leaving a valid will).
Probate files were usually created and maintained by the court registry closest to the residence of the deceased person or the executor of the will. While the contents may vary, many files contain a copy of the will, if there was one. A typical file might contain:
• copy of the will,
• death certificate,
• inventory of belongings,
• claims from creditors, and
• general family and financial information.
Looking Up Probate Records
Probate is the procedure that happens after somebody bites the dust. It includes a great deal of desk work and is typically administered by the probate court in the ward where the individual passed on. The job of probate is to guarantee the perished’s will is legitimate, assembling all her property and resources, paying her bills and imposes and, at last, circulating property to beneficiaries. These obligations tumble to the individual names as agent in the perished’s will. On the off chance that the perished kicked the bucket without leaving a will, the court will delegate a mindful individual, called an executive, to deal with the duties of probate.
There are different advances you can take to have look the probate papers after the procedure is concluded.
Discover the County Where the Person Died
Decide the region where the probate activity is recorded. On the off chance that you don’t have the foggiest idea about this, at that point you can begin via looking through every region in which the individual lived or claimed property or the area in which the individual kicked the bucket.
Step by step instructions to Locate Online Probate Records and Request Copies.
Where the area keeps up online records, you can look through the database on the web for the name of the individual whose home you are keen on. Information the individual’s last name; last name and first name; or last name, first name and center introductory. You can likewise look by lawyer name, court docket or case number. An online pursuit normally will give you the case record for the reports you are searching for. In any case, you will most likely be unable to see the genuine reports in the document.
When you have found the proper area where the probate home ought to be managed, an online quest should be possible for that district’s probate court or probate court dockets. This can be dubious in light of the fact that in certain states the probate court isn’t really called the probate court, it could be alluded to as the “circuit court,” “surrogate’s court,” “vagrant’s court,” or some other number of courts.
In any case, be relentless. Since probate happens in every single region over the U.S., odds are you will most likely find the suitable court’s online data.
Here are some searches that you can try:
• “_________ (insert appropriate name) County probate records”
• “_________ (insert appropriate name) County probate court”
• “_________ (insert appropriate name) County probate dockets”
• “_________ (insert appropriate name) county court records”
Paying a copying fee for the number of pages that the will or other probate document contains. These fees usually range from $1.00 to a few dollars per page.
Providing a self-addressed, stamped envelope for mailing the copies if the request is not made in person.
Contact the County Probate Clerk
Check the site of the province probate representative wherein the probate activity is documented. You might most likely discover probate records over the web. On the off chance that you can’t get to the records over the web, at that point phone the probate representative’s office to decide whether the records can be sent or faxed to you or whether you should lift them up face to face. The probate assistant should give you a case number and the area of the record. At that point you should go to that area to see the records.
Know that probate records are open records, yet here and there a judge can seal a few records whenever requested to do as such by involved with the case. You won’t almost certainly see a record that has been fixed.
Collect the Records
Go to the county probate clerk’s office and give the clerk the name of the case and the number of the file you want to review. If you have done a search on the county website, then you will need to tell the clerk the specific documents from the file you want to review or make copies of. If you have not been able to do a search of the file, then tell the clerk you want to review the case file and the clerk will hand you the file and allow you to review it. Some probate clerks will charge you a fee to research records, so the more work you can do on your own, the less money you will have to spend.
Not All Wills Are In Court Records
In doing your research, remember that not all wills are in court records. If the deceased person’s estate consisted ONLY of real estate (e.g., farmers), the original will may have been deposited in the local Land Registry Office to transfer the land to the heirs. Some Land Registry Offices hold over 60 per cent of all surviving wills. Because they were never probated, these wills are not indexed or registered in the court records.
Accepting the town hall where your progenitor lived is as yet flawless, you ought to have the option to go there and look into their probate records in the court’s list, or get a court representative to enable you to discover it. You will locate the first probate records by going face to face. On the off chance that you can’t make the outing face to face, for example, with a town hall that is far away, you can call or compose the court to check whether they will look into your predecessor in their records and send you any data they find in the probate documents.
Obviously, only one out of every odd individual is going to abandon a probate record, however many individuals did. It is amazingly justified, despite all the trouble, genealogically, to verify whether a probate record exists for your precursor.
More seasoned researchers
On the off chance that you have more seasoned relatives who have gathered a lot of family data throughout the decades, you should visit them and see what they have in their cases, chests, and documents, on the off chance that they will let you. They may have records of wills and probate procedures that return ages. Regardless of whether they just have these records for their own folks as well as grandparents, you are as yet discovering some genealogical gold. Carry a scanner with you to catch the pictures, to ensure they are saved for children. Your relative may have probate records that don’t exist anyplace else, on account of consumed town halls. These uncommon reports could open up entirely different roads of research for you.
State or Local Archive Buildings
Probate records from pilgrim times might be found in district town halls, however are all the more frequently found in document structures. On the off chance that you are searching for the probate records for a precursor who lived in America before the American Revolution, visit or keep in touch with the verifiable society in the city, town, or region in which they lived. Their probate reports may have been safeguarded and advanced there. You may even be permitted to deal with a unique record from the 1600s or 1700s with remainders of red wax seals still on them. Regardless of whether you don’t get the chance to deal with the first, you will in any case be demonstrated a duplicate or a microfilmed form of it.
Probate records are unfathomably significant genealogical reports. They are well worth looking for on each part of your family. The a greater amount of them you find, the more you will find out about your family ancestry, and about your precursors as individual people. That is a genuine fortune in the investigation of family history.
Probate records from frontier times might be found in region town halls, yet are all the more regularly found in document structures. In the event that you are searching for the probate records for a precursor who lived in America before the American Revolution, visit or keep in touch with the chronicled society in the city, town, or area in which they lived. Their probate reports may have been safeguarded and advanced there. You may even be permitted to deal with a unique report from the 1600s or 1700s with leftovers of red wax seals still on them. Regardless of whether you don’t get the opportunity to deal with the first, you will at present be demonstrated a duplicate or a microfilmed adaptation of it.
Probate records are unimaginably significant genealogical reports. They are well worth looking for on each part of your family. The a greater amount of them you find, the more you will find out about your family ancestry, and about your predecessors as individual people. That is a genuine fortune in the investigation of family history.
Probate Research Steps
1.Determine where the perished was inhabiting time of death.
2.Find out where the records for that probate court ward around then are currently housed. Keep in mind that the limits and names of regions may have changed. In the event that the area (or state) has changed, at that point the records will be documented with the records in the province at the season of death, not under the region’s name as it is currently. Spare yourself ventures by utilizing the Internet and the phone to request and discover the document that you need. States and areas regularly have Web home pages.
3.Find the list of the probate records you need. This will be at the chronicle that holds the probate records. Look on-line for a Web webpage of the possible chronicle. Numerous documents currently have Web home pages with property data, phone numbers, and headings for arriving. The probate file you need may even be available on-line. Some files and modified works are likewise distributed or are on microfilm. Files and research libraries can enable you to discover these.
4.If essential, go to the document.
5.Look in the record for the expired’s name. This will ordinarily be recorded one after another in order by surname. Find and note the docket number. Typically the date of probate is likewise recorded, and this is normally genuinely near the date of death.
6.Be intensive. Look likewise under the names of relatives of the expired — you may be amazed to discover a record brimming with applicable reports.
7.Make a rundown of documents you wish to see and offer these to the assistant, who will recover the records for you. On the off chance that the documents are old and are in a storeroom off-site, it may take a few days for the solicitation to be filled. This is even more motivation to make the solicitation on-line or by phone on the off chance that you can.
8.If documents are missing, and they in some cases are, probate record books may give some proof of the probate. Probate record books are not prone to contain all the data that is/was in the real document, be that as it may.
9.Examine the documents and make notes. The expense of making photocopies will differ from document to chronicle. It might be as meager as 15 pennies for each page to a dollar or more for each page.
10.Return the first document, as you discovered it, to the representative.
11.Label and document your discoveries, being certain to take note of the name of the file, address, phone number, Web website address, and the date you did your exploration there. I additionally as a rule get a data leaflet at the chronicle and document it in its very own dated envelope alongside location data, driving bearings, and supportive historians’ names, for future reference.
