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Marjory A. Kaplan

Dispute Resolution, Child Support, Farms, Divorce
Status:  In Good Standing           

Michael A. Gardner

Farms, Family Law, Divorce, Child Support
Status:  In Good Standing           

Nabiel C. Ahmed

Alimony & Spousal Support, Adoption, Criminal, Animal Bite
Status:  In Good Standing           

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Sara MacDwyer

Dispute Resolution, Child Support, Farms, Divorce
Status:  In Good Standing           

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Ariel Winger

Mediation, Family Law, Divorce, Child Custody
Status:  In Good Standing           

Peter Arthur Furst

Divorce, Child Custody, Divorce & Family Law, Criminal
Status:  In Good Standing           Licensed:  31 Years

Louis Anthony Napoli

Administrative Law, Alimony & Spousal Support, Dispute Resolution, Animal Bite
Status:  In Good Standing           Licensed:  31 Years

Renée R. Chernus

Divorce, Child Support, Child Custody, Family Law
Status:  In Good Standing           

Jill Hersh

Arbitration, Family Law, Divorce, Accident & Injury
Status:  In Good Standing           

Rosanne Calbo-Jackson

Farms, Family Law, Divorce, Child Support
Status:  In Good Standing           Licensed:  26 Years

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LEGAL TERMS

CASE

A term that most often refers to a lawsuit -- for example, 'I filed my small claims case.' 'Case' also refers to a written decision by a judge -- or for an appe... (more...)
A term that most often refers to a lawsuit -- for example, 'I filed my small claims case.' 'Case' also refers to a written decision by a judge -- or for an appellate case, a panel of judges. For example, the U.S. Supreme Court's decision legalizing abortion is commonly referred to as the Roe v. Wade case. Finally, the term also describes the evidence a party submits in support of her position -- for example, 'I have made my case' or ''My case-in-chief' has been completed.'

SEPARATION

A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though... (more...)
A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though they may continue their relationship. A legal separation results when the parties separate and a court rules on the division of property, such as alimony or child support -- but does not grant a divorce.

CONFIDENTIAL COMMUNICATION

Information exchanged between two people who (1) have a relationship in which private communications are protected by law, and (2) intend that the information b... (more...)
Information exchanged between two people who (1) have a relationship in which private communications are protected by law, and (2) intend that the information be kept in confidence. The law recognizes certain parties whose communications will be considered confidential and protected, including spouses, doctor and patient, attorney and client, and priest and confessor. Communications between these individuals cannot be disclosed in court unless the protected party waives that protection. The intention that the communication be confidential is critical. For example, if an attorney and his client are discussing a matter in the presence of an unnecessary third party -- for example, in an elevator with other people present -- the discussion will not be considered confidential and may be admitted at trial. Also known as privileged communication.

INJUNCTION

A court decision that is intended to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy fo... (more...)
A court decision that is intended to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy for harm that has already occurred. Injunctions are orders that one side refrain from or stop certain actions, such as an order that an abusive spouse stay away from the other spouse or that a logging company not cut down first-growth trees. Injunctions can be temporary, pending a consideration of the issue later at trial (these are called interlocutory decrees or preliminary injunctions). Judges can also issue permanent injunctions at the end of trials, in which a party may be permanently prohibited from engaging in some conduct--for example, infringing a copyright or trademark or making use of illegally obtained trade secrets. Although most injunctions order a party not to do something, occasionally a court will issue a 'mandatory injunction' to order a party to carry out a positive act--for example, return stolen computer code.

DILUTION

A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurr... (more...)
A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurred. In this case, trademark infringement exists even though there is no likelihood of customer confusion, which is usually required in cases of trademark infringement. For example, the use of the word Candyland for a pornographic site on the Internet was ruled to dilute the reputation of the Candyland mark for the well-known children's game, even though the traditional basis for trademark infringement (probable customer confusion) wasn't an issue.

QMSCO

See Qualified Medical Child Support Order.

RESPONDENT

A term used instead of defendant or appellee in some states -- especially for divorce and other family law cases -- to identify the party who is sued and must r... (more...)
A term used instead of defendant or appellee in some states -- especially for divorce and other family law cases -- to identify the party who is sued and must respond to the petitioner's complaint.

EQUITABLE DISTRIBUTION

A legal principle, followed by most states, under which assets and earnings acquired during marriage are divided equitably (fairly) at divorce. In theory, equit... (more...)
A legal principle, followed by most states, under which assets and earnings acquired during marriage are divided equitably (fairly) at divorce. In theory, equitable means equal, but in practice it often means that the higher wage earner gets two-thirds to the lower wage earner's one-third. If a spouse obtains a fault divorce, the 'guilty' spouse may receive less than his equitable share upon divorce.

COMPLAINT

Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). In some states a... (more...)
Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). In some states and in some types of legal actions, such as divorce, complaints are called petitions and the person filing is called the petitioner. To complete the initial stage of a lawsuit, the plaintiff's complaint must be served on the defendant, who then has the opportunity to respond by filing an answer. In practice, few lawyers prepare complaints from scratch. Instead they use -- and sometimes modify -- pre-drafted complaints widely available in form books.

SAMPLE LEGAL CASES

Stone Street Capital, LLC v. California State Lottery Com.

... BACKGROUND. 1. The Lottery Winnings and Arizona Divorce Proceedings. ... On December 1, 2006, Linda Foster reopened the dissolution proceedings in the Arizona Superior Court to modify the 2003 divorce decree and clarify ownership of the assigned payments. ...

In re Marriage cases

43 Cal.4th 757 (2008). In re MARRIAGE CASES. [Six consolidated appeals.] [1]. No. S147999. Supreme Court of California. May 15, 2008. 765 Alliance Defense Fund, Benjamin W. Bull, Glen Lavy, Timothy Donald Chandler, Christopher ...

Estate of Kievernagel

... The Agreement also provided the sperm sample was to be discarded upon divorce. ... According to the marriage counselor, Joseph believed Iris would divorce him if he did not agree to have children and a divorce would 1027 devastate him. ...