Showing posts with label legal reasoning. Show all posts
Showing posts with label legal reasoning. Show all posts
Sunday, June 8, 2014
New Parenting Class for Impact of Divorce on Children
The Oklahoma Legislature has passed a new law relating to a new required education class for divorcing parents. This new law goes into effect on November 1st, 2014. The new law will institute a requirement that all parties seeking a divorce based on incompatibility must attend a parenting class. The law instructs that unless for good cause shown, the court shall not grant the divorce until both parties have completed the class.
Wednesday, February 5, 2014
Causes of Action
When I was in law school we learned about what are called "causes of actions". This generally means a set of facts that entitles one person to sue another for money or other remedy. One of my favorites has always been burglary, because in order to have a cause of action for the crime of buglary (under the old English law) there had to be the following:
- Breaking and entering
- By night
- A dwelling of another
- with the intent to commit a felony therein
Why this is important? Because if one of the facts is missing then I am not guilty. For example, if I didn't enter at night, then technically it is not a burglary. Tough for you, I broke into your house at 12 p.m. (Modern law has closed all these loop holes)
Students get taught that identifying facts that support a cause of action is how the law works.
Family law is quite different in this regard because we are mainly deciding issues of status. So in order to have a divorce, for example, the only question is: Are you married? In order to decide issues of child custody or support, the only question is: Are you a parent? A yes or no to these simple questions determine the cause of action and whether it can be brought.
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