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A to Z MASTER INDEX
FORMS MASTER INDEX OF LAWREADER FORMS - OVER 78,000 Legal Doctrines & Rules2009 Ford Dinner ABA PROPOSALS FOR ATTORNEY ETHICS PROGRAMS ABATEMENT OF CRIMINAL OR CIVIL PENALTIES UPON DEATH OF DEFENDANT Discussion of abatement of criminal penalties upon death of defendant after conviction but while case on appeal ABATEMENT OF TORT CLAIM ON DEATH OF PARTYAbortion proceedings by minor in District Court Statutory proccedings for minor to obtain court order permission for abortion ABORTION RESOURCES FOR KENTUCKYABOUT LAWREADER ABUSE OF PROCESS - EXTORTION IN NEGOTIATION IS ELEMENT OF THIS TORT ACCIDENT REPORT ONLINE OBTAIN COPIES OF ACCIDENT REPORTS IN KY. ACCOUNTING LAW & RESOURCESACCRUAL OF CAUSE OF ACTION - running of statutes of limitation ADDITUR, DOCTRINE OF ADMENDMENT DOWN OF DUI CHARGES - Plea Bargin rights of prosecutor Can a prosecutor amend down DUI charges? ADMINISTRATION OF TRUSTS AND ESTATES - ANNOTATEDADMINISTRATIVE HEARINGS - Ky. Statutes - proceedings, rules ADMINISTRATIVE LAWConduct of hearings by executive agency boards and commissions, standards of review on appeal, appeal procedures ADMINISTRATIVE POWERS OF SUPREME COURTDuty to administer Court of Justice. Supreme Court, Chief Justice or AOC Director? ADMINISTRATIVE REGULATIONS - KY. STATE GOV.Rules of executive agencies Administrative Regulations, Ky. LawReader's Quick IndexADMINISTRATORS - EXECUTOR'S OF ESTATES Resources for management of estates, and fulfillment of guardians duties ADMIRALITY & MARITIME RESOURCESADMONISHMENTS - ADOPTION PRACTICE ADVERSE POSSESSION OF REAL PROPERTY Statutes and cases regarding adverse possession of real property, and claims of occupiers ADVERTISING RULES FOR LAWYERSADVICE TO CLIENTS BY PUBLIC DEFENDER A humorous but very valid rant by an anonymous public defendant to his criminal clients. AFFIDAVIT OF DESCENT – INHERITANCE OF REAL PROPERTY FROM INTESTATE – PROCEDURE TO ESTABLISH TITLE IN HEIRHow to establish chain of title from intestate AGENCY - IMPLIED, APPARENT, OSTENSIBLEAGENCY - THE LAW OF PRINCIPAL AND AGENT AGENCY-PRINCIPAL AND AGENT JURY INSTRUCTIONS AGENTS - ACTUAL-IMPLIED-OSTENSIBLE OR AGENTS BY ESTOPPEL Cases Discussion of different types of agency, and shifting of liability of the principal vs. the agent. Duties of third party. ANNOTATIONS Al Cross DinnerAl Cross - Frankfort - Mitch McConnell - Crit Louellen - David Hawpe ALCOHOL - BLOOD ALCOHOL CALCULATORSee how many drinks it takes..... ALCOHOL WARNING LABELS - FUNNYALCOHOL WARNING LABELS - FUNNY ALCOHOLIC BEVERAGES Statutes and forms, open container law ALICE VS. WONDERLAND - HERALD LEADER ARTICLEALICE VS. WONDERLAND - HERALD LEADER ARTICLE ALL LAW LEGAL TOPICS, RESOURCES ALL STATES & FED. GOV. LAWS AND RESOURCES Allen Charge -the dynamite instruction given when jury is hung Criminal Rule 9.57, case citations, and wording of Judges charge for instructing hung jury ALUMINUM BASEBALL BAT LAWSUITSAMBITION: MARK ANTHONYS SPEECH AT CAESAR'S FUNERAL AMENDMENTS TO CIVIL -CRIMINAL-FAMILY COURT RULES FOR JAN. 1, 2011 American Association of Internet Journalists AN OVERVIEW OF MEDICAL MISTAKES ANDERS RULE - Dismissal of Meritless and Frivilous Appeals ANGELA FORD BRIEF OPPOSING ACCOUNTING TO JUSTICE DEPT. ANIMALS ON ROADWAY-TORT-DUTIES ANNEXATION PROTEST RIGHTS ANNOTATE ANNOTATED Materials List ANONYMOUS TIP - J.L. V. FLORIDA - Leading U.S. Supreme Court case on duty of police to verify anonymous tip before making traffic stop - Ky. Case setting out requirements for anonymous tip to be upheld ANSWER AND COUNTERCLAIM OF GOV. BESHEAR AGAINST SENATE PRESIDENT DAVID WILLIAMSANTI-TRUST / PRICE FIXING / TYING RESOURCES Sherman Act ANTI-TRUST STATUTESAOC - ADM. OFFICE OF THE COURTS AOC FORMS INDEX BY CATEGORY APPEAL - INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL NOW ALLOWED
HICKS RULE FORBIDDING INEFFECTIVE ASSISTANCE APPEALS OF APPEALLATE COUNSEL CLAIMS OVERRULED.. NEW RIGHT TO APPEAL ERRORS OF APPEALLATE COUNSEL
APPEAL - SUPERCEDAS - WHAT HAPPENS WHEN APPEAL SUCCESSFUL What happens to money when judgment appealed. APPEAL - WHEN DOES A POST JUDGMENT MOTION NOT TOLL THE TIME FOR APPEALBy Dave Kramer APPEAL BOND REQUIRED FOR ETHICS APPEALSAppeal Brief - Officer cited sleeping driver of parked car for DUI APPEAL PROCEDURES IN KENTUCKY APPEAL, INTERLOCUTORY APPEAL, INTERLOCUTORY Interlocutory appeals of evidentiary rulings from District Court not allowed, but Original Action gets around this problem. Billingsley v. Commonwealth case so held. APPELLATE REVIEW STANDARDSStandards Of Review Used by Appellate Courts – Limitations: How Far An Appellate Court Can Go In Considering an Appeal. APPLICATION FOR BOARD OF REGENTS FOR KY. COLLEGE OR UNIVERSITY APPOINTIVE POWERS OF GOVERNOR Appointment of Receiver APPORTIONMENT W/ ANNOTATIONS Statutes and annotations discussing apportionment in tort and claims against or between joint tortfeasors. APPORTIONMENT OF DAMAGES TO EMPTY CHAIR DEFENDANTAPPRENDI - Staying Afloat in the Apprendi Flood
Discussion of Apprendi – Chaos caused as courts attempt to sort our HARMLESS ERROR, PLAIN ERROR, and RETROACIVITY CONSIDERATIONS - ARBITRATION - CITIES MAY NOT ENTER INTO BINDING ARBITRATION AGREEMENTSAdvisory arbitration agreements are authorized for cities. Arbitration and Mediation Sample FormARBITRATION RESOURCES Includes Uniform Arbitration Act, codes of ethics, rules, guidelines, Ky. arbitration Act. ARREST POWERS - PEACE OFFICER, PRIVATE CITIZENS, OFFICER OUT OF HIS COUNTY, TORT OF IMPRISONMENTStatutory Arrest Powers -Power Of Arrest Out Of County- Hot Pursuit, Inter-Local Agreements - Tort Of False Imprisonment - Right To Detain Shoplifting Suspect - Kidnapping, Unlawful Imprisonment - Appointment And Qualifications Of Peace Officers - Entering Home To Serve Arrest Warrant - Use Of Ruse To Affect Arrest ARREST POWERS OF CITY POLICE OFFICERS OUTSIDE OF THEIR CITYPolice in cities of 1st. through 5th. class cities have arrest powers outside their city ARSON RESOURCES ARSON EXPERTS OFTEN WRONGArson Experts Make Forensic Errors – Common Myths About Cause Of Fires May Have Convicted Innocent People Including One Death Penalty Case – Insurance Claims Wrongly Denied - Demand A Daubert Hearing On All Arson Testimony ARTICULABLE SUSPICIONAuthorities and suggested argument. Terry v. Ohio and other cases. ASSET TRACING,Use of a CPA who specilizes in asset tracing ASSUMED NAME – RESOURCES – FORM FOR CONDUCTING BUSINESS UNDER AN ASSUMED NAMEATHEIST parents rights- appeal brief ATTORNEY - CLIENT PRIVILEGE RESOURCESATTORNEY ADVERTISING KBA SANCTION Attorney informed party of possible malpactice. KBA sanctioned attorney for soliciting in violation of advertising rules (???) ATTORNEY CLIENT RELATIONSHIP -formation liability, dutiesATTORNEY DISCIPLINE - 5TH. AMENDMENT RIGHTS UPHELD BY KY. SUPREME COURT ATTORNEY DISCIPLINE PROCEDURES IN KENTUCKY- ETHICS ATTORNEY DISCIPLINE PROCEEDINGS AND PROCEDURE ATTORNEY FEES - topics Fee disputes, Arbitration of fee disputes, enforcement of contingent fee contract on discharge of attorney and replasement by another, Attn. Fee in ERISA action ATTORNEY FEES AND ATTORNEY/ CLIENT FEE AGREEMENTSATTORNEY FEES SEIZURE - RIGHT TO COUNSEL Rulings discussing seizure of defendant's assets that might be used for attorney fees ATTORNEY GENERAL OPINIONS SITEATTORNEY GENERAL'S RIGHT TO PROSECUTE ATTORNEY GENERAL, KY. - OPINIONS Includes programs and divisions, open records, open meetings, consumer protection, Commonwealth Attorneys, County Attorneys, fraud, appellate divisions, domestic violence , cementary, schools, elderly, charities, etc. ATTORNEY HIRED BY INSURER MUST REPRESENT INSUREDAttorney hired by insurance company must represent insured and not insurer. Malpractice liability ATTORNEY LIENS FAMILY COURTATTORNEY LIENS, DUTY TO PAY CASE COSTS TO THIRD PARTIES ATTORNEY'S FEE LIEN - LIS PENDENS FOR ATTORNEY FEE Discussion of procedures for filing attorney's lien and lis pendens ATTORNEYS - APPOINTMENT, RIGHT TO WITHDRAW - CLIENT'S RIGHT TO WAIVE COUNSELPOWER OF THE COURT TO APPOINT SPECIAL COUNSEL IN CRIMINAL CASES AND TO ORDER ADEQUATE COMPENSATION. INHERENT POWERS OF THE COURT. ATTORNEYS POWER TO WITHDRAW FROM CASE. DEFENDANT'S RIGHT TO WAIVE COUNSEL NOT UNLIMITED ATTORNEYS LIABILITY FOR FEE OF PARTIES HE SOLICITS TO HELP CLIENTATTORNEYS MAY SHARE FEES WITH OTHER ATTORNEYS - IN SOME SITUATIONS Auto Accidents Will Happen. Prepare Yourself by Following These Steps. Automobile Black Box AUTOMOBILE LIABILITY INSURANCE RESOURCES - owner's liability Auto liability insurance, Effect of DUI, etc. Statute and Penalties. criminal liability of owners of motor vehicles, allowing others to drive your car, minor's negligence imputed to person signing minor's driver's license application or allowing him to drive AVIATION LAW RESOURCESPlane crashes, liability, claims, limitations, treaties Award for lawreaderBAD FAITH SETTLEMENT PRACTICES Bad faith, assignment of personal injury claim, collateral source rule, attorney fees, UIM, long-arm statute for agents of insurance company, punitive damages, double recovery BAIL - traffic and selected misdemeanorsBAIL, PROCEDURES FOR FORFEITURE OF BAIL Defendant may not be subjected to forfeiture unless due process followed. Forfeiture may not be ordered if def. held in another jail, in or out of Kentucky. BAIL, RIGHT TO BAIL, BEFORE TRIAL, ON APPEAL, ON PROBATIONKentucky Uniform Schedule of Bail Bond Amounts, Bail rights, bail while on probation, amount of bail, sanctions for denial of bail, procedures BAILMENTS - DEFINITIONS OF BAILEE, BAILOR AND DUTIESDefinitions and Ky. authorities, stature of limitation, duties and liability of parties to bailment. BAMBERGER BRIEFBAMBERGER BRIEF Judge Bamberger Challeges KBA over their Jurisdiction to Sanction a Judge for a Ruling BANK'S RELEASE OF YOUR BANKING INFORMATION MAY GIVE RISE TO A TORT CLAIMBANKING LAWS & RESOURCES BANKRUPTCY MANUAL - Complete Practice Handbook BANKRUPTCY RESOURCES Laws, forms, procedures BAR ASSOCIATIONS DIRECTORYLlinks to bar associations everywhere, every group BAR COUNSEL STAFF OF KBA - DEC. 2009BETTER BUSINESS BUREAU - LAWYER MEMBERSHIP BILL OF SALE FORMS BILL OF EXCEPTIONS BILLS SIGNED BY GOVERNOR AS OF APRIL 9, 2008 BIOMETRIC TECHNOLOGIES IN FIGHTING CRIME- Report says these crime fighting technologies may be less than accurate BIRTH CLAIMS: PREECLAMPSIA, HELLP, FETAL HEARTBEAT MONITORING, Prostaglandin, INDUCED LABORBLACK LUNG WORKMAN'S COMP. CLAIM PROCEDURES How And When To File A Black Lung Claim, Procedures, Medical Evaluations BLOOD TEST OBTAINED BY JAILER Jailer took def. to hospital for blood test prior to jailing her. Is this second blood test of DUI suspect admissible? BLOOD TEST, more than two hours old Can the Commonwealth use a blood test or BA test offered more than two hours after the operation or control of a motor vehicle by a suspected DUI impaired driver? Also discussed is a check list of possible defenses for a blood test refusal. The Jurisdiction Of The Board Is Exclusive BOARD OF GOVERNORS ELECTIONSBONDS, INDUSTRIAL REVENUIE Municipal And Industrial Revenue Bonds - May A City Issue Bonds For Projects Outside The City. BRADY RULE Regarding Government’s Duty of Disclosure of Exculpatory Evidence to Defendant Discussion of types of evidence which must be disclosed to defendant BRAIN TESTS -Right Brain - Left Brain - Polygraph problemsBREATHALYZER - INTOXILYZER 5000 BRIEF BY HON. STEVE HOWE RE: ADMISSION OF BLOOD TEST RESULTS TAKEN MORE THAN TWO HOURS AFTER ARREST BRIEF LIBRARY BURDEN OF PROOF INDEX Who has it? When does it shift? Burkesville, KY - From “CAR and DRIVER November 2010:BUSINESS LAW PRACTICE BUSINESS - forms for Articles of Incorporation, LLC BUSINESS - HOW TO START A SMALL BUSINESS Tips and tools for starting a business BUSINESS - LLC RESOURCESFAQ, how to form, basics BUSINESS FORMS - INDEXBUSINESS LAW - TAXES BUSINESS LAW - MASTER TOPIC INDEX Master Index for Business Law Topics – Forms – Articles - Laws - Resources Resources for small businesses BUSINESS LAW RESOURCESSet Up - Maintain - Corporations - LLC - Partnerships Businesses BUSINESS LAW STATUTESKentucky statutes re: businesses BUSINESS OPERATING AGREEMENTSBUYING AND SELLING CALCULATE DATES FOR PLEADINGS Calculator, citations re: pleading times & dates Can’t Find a Case?CAPITAL CASES - DEATH PENALTY - Resourse Guide for Mangaing Volume i- Federal Death Penalty Trials CATTLE NOT TO RUN AT LARGECHAIN OF CUSTODY Chat Room Typing Abbreviations CHEMICAL TESTS - THE FORENSIC EXPERT Bread causes falst positive test on BA machine! This tutorial discusses many types of foods etc. that produce the same type of alcohol testings results on BA machine as does consumption of alcohol. This is a must read for DUI practioniers. CHILD CUSTODY - CHILD VISITATION - KRS 403.270 with discussion and annotationsBEST INTEREST OF CHILD STANDARD- CHILD VISITATION ORDER CHILD CUSTODY - DE FACTO CUSTODIAN PETITION FORMPetition with statutes for De Facto Child Custody Petition CHILD CUSTODY - SAME SEX MARRIAGESFederal law requires states to honor sister state custody orders in same sex marriages CHILD CUSTODY AGREEMENT FORM - with GrandparentForm for Grandparent to have custody, joint with father, mother waives custody CHILD CUSTODY RESOURCES - wage withholding proceduresCHILD SUPPORT GUIDELINES TABLE CHILD SUPPORT RESOURCES CHILD SUPPORT RESOURCES & WORKSHEETS Child Support Statutes - Calculators - Guidelines - Worksheet CHILD SUPPORT WITHHOLDING ORDERCabinet may order withholding of child support from employer. Or court may order. CHOICE OF LAW - RETROACTIVE APPLICATION OF LAWA state court was free to give greater protection to defendants’ rights than the Supreme Court itself requires. The question in Danforth was whether Law School tutorial on elements of Choic of Law Issues - Traditional vs. Modern theories CHOICE OF LAW – CONTRACTS - TORTSStandards for applying Ky. Law or Foreign law to contracts vs. Standards for tort cases. New sufficient contacts test now applied in lieu of Traditional theories. CITATION - WHAT IS A CITATION - HOW TO USECITIES & COUNTIES RESOURCES - KY. CITY ORDINANCES, KENTUCKY CIVIL APPEAL AND CIVIL PRACTICE TIMELINES CIVIL CONSPIRACY - tort Doctrine is recognized in Ky. CIVIL FORMS - selected civil forms for topics: abortion to child support, real estate, eviction etc.CIVIL LAW OUTLINE, FOR KENTUCKY Quick outline and authorities for many civil law topics involving Ky. law. CIVIL LIABILITY OF POLICE OFFICER FOR WITHHOLDING EXCULPATORY EVIDENCEPolice who don't share evidence prosecutor or defendant can be sued Civil Litigation HandbookCivil Litigation Handbook - OLD Version SMALL CLAIMS SMALL CLAIMS CIVIL LITIGATION PROCEDURAL STEPS & TIMESSequential steps in a civil lawsuit - Also all time periods in which you must act CIVIL PLEADING & LITIGATION FORMSCIVIL PROCEDURE COURSE OUTLINE CIVIL PROCEDURE – LAW SCHOOL COURSE OUTLINE Basic outline of Civil Procedure - refresh yourself on the basics. CIVIL RIGHTS ACT - SECTION 1983- DOES IT APPLY TO ATTORNEYS?CIVIL RIGHTS CLAIMS - Ky. and Federal Section 1983- U.S. Code Claims Authorization of Civil Claims when offical acting under color of the law CIVIL RIGHTS- Section 1983 ACTIONSSection 1983 and New Amendment which limits injunctive relief against state judicial officers. CIVIL RULES INDEX - KENTUCKY- AnnotatedKY Annotated CIVIL RULES of Procedure Based on New York State Rules for Civility in the Legal Profession CLAIMS AGAINST STATE TREASURYJurisdiction of Franklin Circuit Court re: claims by court workers and claims against state treasury CLASS ACTION PRACTICE - RESOURCES - COMPLAINTCLE FORMS All the forms for reporting CLE credits. CLE OUTLINE - PROSECUTORIAL ACCOUNTABILITYClient Trust Account for Ky. Lawyers - Principles of Management Book with instructions on how to maintain a client trust account. Published by Lawyer's Mutual Ins. Co. CLIENT-COUNSEL ACCESSAttorney has right to access client - right to effective counsel CLOSING ARGUMENT - suggestionsCLOSING ARGUMENT TOPICS LIBRARY Sample closing arguments, theory and tips, annotations & citations, Golden Rule argument forbidden COHABITATION - termination of maintence, domestic violence petitionCOLLATERAL ATTACK UPON A JUDGMENT Standards, annotations and citations re: collateral attack COLLATERAL ATTACK VS. DIRECT ATTACKRequirements for collateral attack, procedures COLLECTING YOUR JUDGMENT - KY.COLLECTIONS Debt Collection in Kentucky COLOSSUS - Insurance claims adjustment programThis software program is used by 300 insurance companies to reccomend settlement amounts in personal injury claims. Many claim it is unfair to victims. Tips on how to deal with this program to maximize your settlements. COMMERCE & TRADE STATUTESCOMMISSIONER, DEFINITION Common law vs. continental law article comparing common law to continental law COMMON QUESTIONS ABOUT JURY DUTYCOMMON WALLS – RIGHTS AND DUTIES COMMONWEALTH OF KENTUCKY AGENCY LIST COMPARATIVE NEGLIGENCE Discussion of torts covered by compative negligence COMPARATIVE NEGLIGENCE IN KY.Hilen v. Hays COMPARISON OF KY. CLASS ACTION RULES VS. FEDERAL CLASS ACTION RULESCOMPETENCY - HOSPITALIZATION- AND MENTAL HEALTH RESOURCES COMPETENCY -STAND TRIAL - COMMITTMENT Competency to Stand Trial - Retrospective Hearing Grand Jury COMPLAINT FORMS LIBRARYOver 100 Civil Complaint Forms Civil Rules - Criminal Rules - Rules of Evidence - Family Court Rules - Supreme Court Rules - All Annotated - Links Directly to Each Rule Computer and Electronics RecyclingPaid Advertisement COMPUTER TIPSCOMPUTER TIPS FROM GWEN - WORD Concealed WeaponsLaws Re: Carrying Concealed Weapons CONDEMNATION - EMINENT DOMAIN - TAKING OF PRIVATE PROPERTY FOR PUBLIC USEKentucky Eminent Domain Act - Court Rulings - Constitutional Authorities for Public Taking - Courier Journal Study of Ky. Condemnation Issues CONDO RULES AGAINST SUB-LEASINGCan condo rules restrict right to sublease? Recording of Master Deed. Statutory and Case law resources. CONDOMINIUM PROJECT MASTER DEED31 page sample form for settng up condo project CONDUCT OF TRIAL RESOURCES - in depth materials voir dire to closing argumentCONDUCT OF TRIAL, PROCEDURES, & RESOURCES Master Index for topics relating to preparation and conduct of trial, through appeals CONFESSIONS - STANDARDS - EXAMPLESCONFESSIONS - WHY DO INNOCENT PEOPLE CONFESS CONFESSIONS -use of ruse or police lie Police Use of Ruse to obtain Confession, subsequent questioning without re-reading Miranda Rights CONFIDENTIALITY OF BAR ASSOCIATION PROSECUTIONSCONFIDENTIALITY RULES RE: KBA COMPLAINTS Lawyer may not disclose pending bar complaint - Several Exceptions. Conflicts that justify removal of attorney from caseCONFRONTATION - RIGHT TO CONFRONT THE ACCUSER Authorities for 6th Amend. Right to Confront Your Accuser - Exceptions Testimony of witness not subject to cross examination which is testimonial in nature, or which is compelled, is excluded by Crawford v. Washington ruling of U.S. Sup. Ct. - See Ky. Sup. Court's application of Crawford in Terry v. Com. 1/20/2005 CONSENT TO SEARCH STANDARDSCONSENT TO SEXUAL CONTACT - AGE OF "VICTIM" AND "ACTOR" KRS 510.110 -510.020 Consolidation of Actions – CR 42.01 Consolidation of Actions - Rule, CR 42.01- with Annotations, Discussion of procedure for assignment of cases in multi judge districts for purpose of consolidation, appellate review standards, discretion of trial judge CONSORTIUM, LOSS OF - HUSBAND / WIFE – PARENT / CHILD and CHILD/PARENT - DAMAGES WRONGFUL DEATHCONSTITUTION -KY -- INDEX Quick access to Ky. Constitution, recent amendments CONSTITUTIONAL "SAME-SEX MARRIAGE" AMENDMENT, KY.Constitutional & Regulatory Taking of Land In Kentucky CONSTITUTIONAL LAW RESOURCES CONSTITUTIONS and STATUTES, LEGISLATIVE INFORMATION OF ALL 50 STATES CONSTRUCTION CONTRACT, BREACH FOR FAULTY CONSTRUCTION Outline and authorities for trial for Breach of Contract for faulty home construction -claim of mold infestation-damages, suggested instructions, apportionment of damages, Chapter 198B claim for litigation costs and attorney fees. CONSTRUCTION DEFECT-VIOLATION OF STATE BUILDING CODECause Of Action For Violation Of CONSTRUCTION LAW RESOURCES Negligent construction of building, State Bldg. Code imposes negligence per se, mold damage, damages available for negligent construction in breach of warranties Construction Projects -under developmentCONSULTANTS, TRIAL - Authorization for method to split fees on contingent basis with jury trial consultant with client's approval. Otherwise forbidden. Fee splitting with other lawyers ethics rules. CONSUMER PROTECTION LAWFederal & State Resources CONTACT - FAQ - SIGN - UP - PRICINGCONTEMPORANEOUS OBJECTION RULE: The Danger of Relying on Blanket Objections Beware relying on blanket objection to preserve error for appeal. CONTEMPT OF COURTDefinition, civil, criminal, direct -indirect, citations CONTEMPT OF COURT - KY CITATIONS USING TERMCONTINUANCE - CIVIL TRIAL Standards for court to consider in granting a motion for a continuance-authorities - No right to counsel in most civil trials CONTRACT - FOR LAWN MOWING AND MAINTENANCECONTRACT LAW TUTORIAL & RESOURCES Elements of A Contract: Contract Law Resources - Place of Formation - Venue - Mutual Mistake - Unilateral Mistake - Non-Competition Agreement Review Standards Contract Interpretation rules, Parol Evidence Rule, Plain Meaning Rule, theory, Restatement and Ky. Authorities CONTRACTS AGAINST PUBLIC POLICY - KRS CHAPTER 372- ANNOTATED - KRS 372.005 to KRS 372.990CONTROLLED SUBSTANCES - KY. GUIDELINES FOR PROPER USE OF PAIN KILLING DRUGS The Kentucky Board of Medical Licensure (KBML) guidelines for use of controlled substances in pain treatment COOKIES - TEMP. CACHE CLEAN UP - BROWSERSIf you have problems logging on to a page, try cleaning out your temporary Internet files, and updating your Browser. Everything you need to know about cookies COPYRIGHT - ORPHAN WORKS BILL 2008COPYRIGHT RESOURCES- STATUTE, AUTHORITIES Important cases that discuss a range of copyright issues - When copyright work passes into public domain allowing free and unlimited use. CORPORATE COUNSEL RESOURCES
Personal Liability of Officer, Director, or Shareholder CORRECTIONS: TOUGH ON CRIME PHILOSPHY by ROBERT G. LAWSON Discussion of the effect of Tough On Crime sentencing policies on the public CORRECTIONS: TURNING JAILS INTO PRISONS-BY ROBERT G. LAWSONCollateral Damage from Kentucky's War on Crime COUNTY & STATE LAW LIBRARY – MANAGEMENT – FUNDING - DUTIESCreation And Operation Of County Law Libraries - Clerk Is Librarian - Method of Funding. COUNTY ATTORNEY'S DIRECTORYCOUNTY JUDGE CAN GRANT PAROLE County Judge, Acting As An Executive, Can Grant Parole COURT CASE LOAD STATISTICS MOST RECENT YEARCircuit - District - Family COURT COSTS - DEFINITION and DISCUSSIONDefinition of court costs. Costs allowed in construction contracts. COURT DOCKETS FOR KY. TRIAL COURTS - five days in advanceCOURT OF APPEALS CASES -FULL TEXT-JAN 5, 2009 COURT OF APPEALS WEEKLY DECISIONS W/SYNOPSIS COURT RECORDS ARE NOT SUBJECT TO OPEN RECORDS LAW Access, Expungment and sealing of court records Article describing the fed. court system organization and little known facts COURTROOM TOOLSQuick Access to Tools for Conduct of Trials COURTS, FEDERALLocator Map, practice resources CREDIT CARD, Visa Traveler's Checks, REPORT STOLEN, NUMBERS TO CALLCREDIT REPORTING AGENCIES -CORRECTING INCORRECT REPORTS w/tips Form for complaint against Credit Reporting Agencies with authorities. Other identify theft resources. CRIME LAB TECHNICIANS MUST APPEAR AT TRAILCOURT UPHOLDS CONFRONTATION CLAUSE AND MANDATES THAT CRIME LAB TECHNICIANS MUST APPEAR AT TRIAL - JUDGE MARTIN J. SHEEHAN VINDICATED AFTER TWELVE YEARS CRIME STATISTICS, KENTUCKYCRIMINAL RULES OF PROCEDURE-ANNOTATED INDEX - KY CRIMINAL RULES OF PROCEDURE INDEX: Arrest – Bail - Grand Jury - Production Of Evidence - Arraignment, Jury Trial –Verdict – Judgment – Execution - Appeal Walks You through the Criminal Appeals Procedures cases discussion limitations on court dismissing indictment with prejudice, and speedy trial and other exceptions which allow such dismissals with prejudice CRIMINAL JUSTICE REFORMREPORT TO THE GOVERNOR PRESENTED BY: Secretary J. Michael Brown, Secretary of Justice & Public Safety Cabinet
H.B. 463 text and LRC synopsis CRIMINAL LAW RESOURCESCRIMINAL PROCEDURE TIMELINES Practice procedures in sequential order CRIMINAL RECORDS RESOURCEScheck criminal records CROSS-EXAMINATIONTHE ART OF CROSS-EXAMINATION - Tutorial CROSS-EXAMINATION TUTORIALCURTILAGE CUSTODY BY POLICE Terry Stop, Brief Investigation, Miranda Rights required if in custody, but not required if the stop is supported by articulable suspicion, and is reasonable and brief. BA field tests may be done without cutody taking effect. CUSTODY, PRIMARY CUSTODIAN & RELOCATIONDiscussion w/authorities of relocation of joint custodian vs. the relocation of a party who has been designated as Primary Custodian. Cy pres Doctrine - Definition & AuthoritiesDAMAGES - APPORTIONMENT - LOSS OF CONSORTIUM - PUNITIVE DAMAGES - REMEDIAL MEASURES Many Resources DAMAGES FOR INJURY TO PET DOGVeternarian bills vs. Fair Market Value DAMAGES INDEXDiscussion - Definitions - Types of Damages Allowed – Limitations Amount Must Not Be Stated In Complaint But Must Be Divulged On Discovery, Discussion Re: Setting Upper Limits of Unliqidated Damages - Punitive Damages - Amendment of Pleadings Allowed at Discretion of Court Before Submission to the Jury. Data Base searchesDAUBERT HEARINGS – STANDARDS, EXCEPTIONS, METHODS Daubert Requirements: Citations - Exceptions for BA Tests - Paternity Tests - Fingerprints - Ballistics DE FACTO CUSTODIANSGRANDPARENTS RIGHTS IN CHILD CUSTODY ISSUES Grandparent visitation - standing - requirements for de facto custodian status DEADLY FORCE - USE OFStatutes and Discussion DEATH, PRESUMPTION OF DEATH PROCEDUREScommon law and statuotry presumption of death after sever years absence DEBT - CREDIT & CREDIT CARDS - LOANS & LENDERS - SCAMS & SCHEMESDEBT ADJUSTING - KRS Chapter 380.00 Debt Adjustor Regulations - Attorneys exempted DEBT COLLECTION - TIPS FOR DEBTORS - CREDITORS Discussion of law regarding debt collection and debt collectors DEBTOR/CREDITOR STATUTESKrs Chapters On Debtor Creditor Relations DECISIONS- KY. COURT OF APPEALSAll decisions of the Ky. Court of Appeals posted each week. Includes synopsis. Scan each week to stay current with the most recent appellate rulings. Declaratory Judgment ActDEED FOR CONDOMINIUM PROJECT - WITH REQUIRED TENANTS NON-PROFIT CORPORATION DEEDS DEFAMATION Outline of Defamation - LIbel - Slander DEFAMATION WEB SITE PUBLICATIONSDEFENSE AGREEMENTS DEFENSE, RIGHT TO PRESENT -INSTRUCTION DEFENSE- RIGHT TO PRESENT A LEGAL DEFENSE DEFENSES - sovereign immunity Discussion of recent changes in sovereign immunity Degenerative Disc Disease – Herniated DiscDELEGATION OF AUTHORITY - Authorities What are the rules regarding delegation of autthority by legislature, by city... DEMOGRAPHICS - KENTUCKY POSTSECONDARY EDUCATION COUNTY PROFILESPopulation of Ky. Counties, unemployment rates, annual income rates, educational attainment statistics, for all 120 Ky. counties. DEPOSITIONS - DISCOVERY - RULES AND RESOURCESDepositions, Interrogatories, Admissions, articles, Sample questions, library DICTIONARY OF LEGAL TERMSDictionary of Legal Terms DIGEST of LEGAL DOCTRINES - RULES & MAXIMSDIGITAL LICENSE OR CONTRACT Written License or Contract Trumps Digital Copy DIRECT VS. COLLATERAL ATTACK ON JUDGMENTSDefinitions and discussion of "Direct Action" and "Collateral Actions, Kentucky authorities DIRECTED VERDICT INSTRUCTION - COMMENT ON JURY QUESTIONSDISCOVERY - DUTIES OF COMMONWEALTH Eldred and Barroso discuss duties of Commonwealth to provide discovery, Discovery of medical and psychiatric records of witness DISCOVERY OF EXPERTS NOTES, OPINIONS, RELIEF FROM DISCLOSURE ORDERDiscovery of incident reports, safety manuals, witness statements, experts notes, medical and psychiatric records of witness DISCOVERY RESOURCESForms - Rules - Practice - Criminal Discovery - Civil Discovery Procedures DISCOVERY RULES - CIVILThe basic discovery rules in civil cases. DISCOVERY RULES W/ ANNOTATIONSKy. Civil Rules of Discovery - Depositions DISCRETIONARY REVIEW MOTIONS -Bluechip motions by Jason Nemes DISCRIMINATION - EMPLOYMENTOperative statute and relevant cases cited on employment discrimination under Ky. Civil Rights Act DISCRIMINATION, FED. CIVIL RIGHTS ACT OF 1964Age, sexual, racial discrimination resources under Title VII DISCRIMINATION, PAY - SUPREME COURT RULINGLilly Ledbetter Fair Pay Act Reversed a Supreme Court Ruling DISGORGEMENT OF ATTORNEY FEESDiscussion of law with authorities of Fen Phen claims. DISMISSAL FOR WANT OF PROSECUTIONTwo civil rules govern dismissal of civil actions for want of prosecution. CR 41.02 and CR 77.02. DISMISSAL WITH PREJUDICEDismissal of judgment with prejudice, citaitons and rules DISQUALFICATION OF ATTORNEY - conflict with former clientDISSENTS - KENTUCKY DISSOLUTION - General Provisions -MARRIAGE- CUSTODY - VISITATION - MAINTENANCE - PROPERTY DISTRIBUTION - STATUTES ANNOTATED - 403.140 thru 403.170 CHAPTER 403 - Dissolution of Marriage, Maintenance, Child Support, Attorney Fee's DISSOLUTION - KRS 403.180 thru KRS 403.250Separation, Disposition of Property, Maintenance, enforcement of child support, child support guidelines, tables, Attorney Fees DISSOLUTION MEDIATION WORKSHEETDISSOLUTION, DIVORCE AND DOMESTIC VIOLENCE RESOURCES DIVERSION IS NOT A CONVICTION DIVERSION - PRETRIAL - STATUTES AND RESOURCES Statutes And Information Regarding Misdemeanor Pre-Trial Diversion Felony Pre-Trial Diversion, And Pilot Program Regarding Release Pending Trial For Misdemeanor And Felony Offenses - Rules And Authorities For Pre-Trial Release of Sex Offenders. DIVERSION, DISMISSAL REQUIRES AGREEMENT OF BOTH PROSECUTOR AND JUDGENeither prosecutor or judge can divert or dismiss a criminal charge without the others agreement until motion for directed verdict or trial..... DIVERSION, PRE TRIALArticle re: pretrial amendment of misdemeanor and felony charges DIVERSITY OF CITIZENSHIP OF CORPORATIONU.S. Sup. Ct. decision determing hqs. of corporate for diversity of citizenship jurisdiction claim. DIVORCE FORMS FOR KENTUCKYComplete Library Of Divorce - Dissolution Forms, Petitions - Entry Of Appearance - Response, Interrogatories – Mediation - Child Visitation – Cohabitation - Separation Agreement - Findings Of Fact –Decree - and More DIVORCE INFORMATION AND ADVICE, ONLINEDIVORCE KIT FOR KENTUCKY DISSOLUTION OF MARRIAGE PROCEEDINGS Forms and tips for handling your own divorce "pro se"...without an attorney - in Ky. DIVORCE MANUAL for KENTUCKY- by Nick ThompsonExcellent handbook to guide you through all the issues that come up in a Ky. divorce. DOCTRINES & RULESDoing Business with the State of Kentucky DOMESTIC RELATIONS LAW, - DIVORCE, CUSTODY, SUPPORT, DOMESTIC VIOLENCE, ANNOTATIONS Statutes with annotations, Resources Domestic Violence Emergency Protective Order- Video on How to obtain an Emergency Protective Order.How to obtain an Emergency Protectice Order. DOMESTIC VIOLENCE PAGEstatutes, procedures, standing to file petition, firearms, suggested form DOMESTIC VIOLENCE RESOURCESProcedures, standing, firearms, form, etc. DOMESTIC VIOLENCE STATUTES - ANNOTATEDContinually Updated DOUBLE JEOPARDYReturn to Blockburger Standard DRAM SHOP CLAIMS - PROXIMATE CAUSEDRAM SHOP- liability of persons serving alcohol to intoxicated person The Ky. Dram Shop Act. Procedure for seeking relief. DRIVER'S LICENSE STATUTES- KRSKRS Chapter 186 - Licensing Of Motor Vehicles - Operators and Trailers DRIVER'S MANUAL - KENTUCKYPDF - Downloadable DRUG DOGS – CANINE NOSES USED TO ESTABLISH PROBABLE CAUSECertification - Testing and Reliability Of Drug Dogs and Dog Handlers - Standards for Court Review of Search Warrant Affidavit - Totality Of The Circumstances Test - Probable Cause - Unbridled Discretion - Application Of Daubert and Mitchell Cases - Unconstrained Discretion Test. Drug Scheduling - CLASS I, II, III, IV & V CONTROLLED SUBSTANCESDESCRIPTION OF REGULATED CONTROLLED SUBSTANCES BY CATEGORY DRUG TESTING PROBLEMS– QUALIFICATION OF EXPERT WITNESSESQualification of expert to testify in drug test case. Ky. may allow officer seizing drug to be the test expert...probems with drug testing, problems with drug labs, examples of drug test errors DUAL REPRESENTATION OF CRIMINAL CLIENTCourt decision making changes in prevailing law. DUE PROCESS CLAUSES OF U.S. AND KY. CONSTITUTIONAuthorities on virtually every Due Process Issue. Equal Protection - Police Powers discussed. DUELLING - The Law for the proper conduct of duels - 1858How to Send A Challenge - Select A Second - Conduct Of The Parties and Fighting of The Duel, As Gentlemen. DUI ENHANCEMENT OF OFFENSESCONVICTION DATE CONTROLS OVER OFFENSE DATE DUI krs 189a.105 RIGHT TO CONSULT ATTORNEY BEFORE BA OR BLOOD TESTCases regarding rights of suspect to contact attorney before taking blood or breath test. krs 189a.105 DUI - DRIVING UNDER THE INFLUENCE - MAIN INDEX A-ZDUI - DRIVING UNDER THE INFLUENCE RESOURCES LIBRARY EXTENSIVE DUI RESOURCES - BA, PBT, HGN, THEORIES, CASES, STUDIES DUI - ENTRY OF GUILTY PLEA ESTABLISHES DATE OF CONVICTION FOR DUI ENHANCEMENT PURPOSESDUI - expert witness questions BA machine science Dr. Hlastala is an expert witness who questions the scientific presumption on which BA machines are based. He has testified in 1400 DUI cases. DUI - THE STEWED PRUNE RULEImpairment” is the Nexus of DUI conviction –The Commonwealth need only prove impairment, and the identification of the substance which causes impairment is not required. The legislature is not required to list prohibited substances or quantities of those substances in statute. DUI - TIME FOR INDEPENDENT BLOOD TEST - DEFINITION OF "IIMMEDIATELY"DUI AMENDMENTS BY 2010 LEGISLATURE KRS Chapter 189A amended by 2010 session of legislature DUI APPELLATE RULINGS JUNE 2006 thru MAY 2008DUI Cases January 2009 – July 29, 2010 DUI CONVICTIONS BY COUNTY 2004 THRU 2008 DUI JURY INSTRUCTIONS – BIFURCATED TRIAL DUI SOURCE CODE DISCOVERABLE Florida appellate decision issued June 2010, allows discovery of Intoxilyzer Source Code DUI STATISTICS - KENTUCKYU.S. Dept. of Transportation says Ky. DUI fatality statistics includes crashs in which the impaired party was not the driver. ATV deaths in Kentucky lead nation. DUTIES OF MOTORIST - SUDDEN EMERGENCY RESOURCES - "DUTY" "DIRECTED VERDICT"DUTIES REGARDING LIVESTOCK RUNNING LOOSE CAUSING COLLISION WITH MOTORIST Negligence rebuttably presumed if ownership of livestock which caused auto accident established to be the defendant. Owner of livestock must introduce rebuttable evidence of negligence or face directed verdict. E-COLI CONTAMINATION OF HAMBURGER MEATNew York Times article on how food industry contaminates hamberger meat. E-Warrant, Supreme Court Order AuthorizingOrder adopted Jan. 5, 2010 by Supreme Court EARNING POWER - STANDARD OF PROOFReasonable probability EDUCATION - CHILD W / DISABILITIESLaw re: mandatory education of disabled children EDUCATION - ORDER TO EVALUATE CHILD FOR DISABILITYSample form to compel school to evaluate child's disabilities EDUCATION - SCHOOL LAW MAIN INDEXMain index for Education Laws -U.S. CODE TITLE 20, statutes, case citations, forms EDUCATION LAW - IMPORTANT RULINGS RE: SCHOOLSNepotism, School Councils, Superintendents, School Financing, Power of School Board EDUCATION LAW - OHIOStatutes and links EDUCATION STATUTES - KENTUCKYKRS on Ky. Education Law EDUCATION- IN LOCO PARENTIS PROCEDUREForms to get child quickly admitted to school ELDER LAW RESOURCES - SOCIAL SECURITY, PENSIONS, RETIREMENT PLANS, MEDICARE, MEDICADEELECTION LAW RESOURCES Fed. and State election procedures, Reporting requirements, Filling vacancies, Party by-laws, surveys, voter's guides etc. ELECTION REPORTING & FINANCE RESOURCESKy. resources for campaign reporting requirements ELECTRONIC FILING OF COMPLAINTS IN FED. COURTHow to file your complaint electronically in Fed. Court in Kentucky ELECTRONIC SIGNATURES ALLOWEDEmergency Medical Treatment and Active Labor Act - Charitable Medical Care EMERGENCY PROVISION ALLOWING IMMEDIATE VALIDITY OF LEGISLATION SIGNED BY GOVERNOR EMINENT DOMAIN RESOURCES Condemnation, Eminent Domain, Taking of private property for public purpose, statutory and constitutional authority, with case citations discussing eminent domain procedures. EMOTIONAL DISTRESS - INTENTIONAL VS. NEGLIGENTThere are two different standards for a claim of Intentional Infliction of Emotional Distress - EMPLOYMENT & LABOR LAWEMPLOYMENT FORMS ENGAGEMENT RINGS -GIFTS- should they be returned? ENGLISH LAW, WHEN IT MAY BE CITED AS AUTHORITY English law predating the Declaration of Independence may be cited as binding authority. ENVIRONMENTAL LAW ISSUES -- RESOURCESEQ- USE EMOTIONAL QUOTIENT TO WIN CLIENTS AND CASES EQUITABLE LIENS Court of Equity may issue common law lien known as Equitable Lien EQUITY, LAW OFDefinition - Equitable Liens - Standard for Review of Equitable Ruling ERROR CORRECTION - FAILURE TO APPEAR OR FILE PLEADING ON TIME Authorities for Correcting Errors in Missed Filing Dates or Failure to Appear at a Hearing Due to Lack of Notice, Etc. ESCROW, AGENTS - AGREEMENTS ESTATE PLANNING RESOURCES ESTATES - KRS - PROBATE STATUTES - ADMINISTRATION OF ESTATES - WILLS & DESCENT Probate Statutes - Descent - Wills, and Administration of Estates - Personal Representatives - Guardians - Curators - Claims Against Estates - Simultaneous Death Act - Fiduciaries - Dower and Curtesy - Judicial Sales ETHICS - LAWYER'S FREE SPEECH RIGHTSGentile v. State Bar of Nevada ETHICS COMPLAINT PROCEDURE - KBAProcedural steps for conduct of KBA ethics/discipline proceeding ETHICS COMPLAINT PROCEDURE - KBAETHICS RULINGS & RESOURCES ETHICS RULES & RULINGS RE: THE PRACTICE OF LAW ETHICS RULINGS FEDERAL COURT - MARCUS CAREYETHICS, KY. EXECUTIVE BRANCH ETHICS COMMISSION Executive Branch Ethics Commission, Officers, Advisory Rulings, statute, penalties ETHICS- FEDERAL CASES RE: ATTORNEYS FREE SPEECH RIGHTSDistinction between out of court statements of attorney vs. in court statements. Attorneys retain constitutional right to free speech if no action pending. EULOGIES - GOVERNOR EDWARD T. BREATHITTEVICTION PROCEDURES - WRIT OF FORCIBLE DETAINER EVICTIONS EVIDENCE DIGEST - A to Z INDEX MAIN INDEX FOR EVIDENCE EVIDENCE - QUICK COURTROOM REFERENCEQuickly access the basics of evidence EVIDENCE DIGEST #2 - ADDITIONAL EVIDENCE ISSUESRIGHT OF DEF. TO BE PRESENT AT TRIAL AND HEARINGS - MAY BE WAIVED EVIDENCE DIGEST - TOPICS I THRU ZAlphabetical listing of evidence topics I thru z EVIDENCE DIGEST TOPICS A THRU HAlphabetical listing of Evidence Topics A thru H EVIDENCE, KY. RULES OF EVIDENCE ANNOTATEDKRE INDEX EVIDENCE, SPOILIATION OF RULES STRENGTHEN IN KY.EX PARTE Communication Issues in Meetings between Prosecutors and Judges Ethics Opinion re: prohibition against meetings between judges and prosecutors.... EX POST FACTO LAWSDecision and authorities discussing Ex Post Facto sex offender residency law. EXCELLENT EXPLANATION OF "inextricably" woven into facts...EXCUSABLE NEGLECT- guidelines explanation on when "excusable neglect" may forgive a trial or pleading error. EXECUTIVE PRIVILEGE FROM CRIMINAL PROSECUTIONNo such thing as absolute immunity from prosecution of public official while in office. EXECUTIVE PRIVILEGE, ABSOLUTESupreme Court says there is no such doctrine as Absolute Executive Privilege....see authorities and discussion. EXECUTOR’S COMPENSATION STATUTES - RESOURCESEXEMPTIONS FROM ESTATE TAX – FEDERAL AND KENTUCKY EXPERT WITNESS - DISCOVERY - RES IPSA -SUMMARY JUDGMENT, ETC. EXPERT WITNESSES -SELECTION, USE, PREPARATION, AND DEFENSE AGAINST 23 Essential Rules - Resources EXPUNGEMENT FORM FOR MISDEMEANOR CONVICTIONPetition and statute seeking exungement of misdemeanor or violation including DUI EXPUNGEMENT FORMS for cases dismissed with prejudiceSample form to expunge case where charges dismissed with prejudice - forms EXPUNGEMENT OF CRIMINAL RECORDS & FORMSEXTRADITION AND INTERSTATE DETAINTER PROCEDURES Statutes, discussion, forms, adult & juvenile expungement discussed FAILURE TO GIVE NOTICE OF DEPOSITION - TIME PERIOD TO BE GIVEN WITH NOTICEFAIR DEBT COLLECTION PRACTICES ACT FAIR DEBT COLLECTION PRACTICES ACT (FEDERAL) FAIRNESS , AN EVOLUTIONARY SOCIAL TRAIT FAMILY COURT RULES - INDEX NEW - Effective January 1, 2011 FAMILY LAW RESOURCESAdoption - Divorce - Marriage - Juvenile - Domestic Violence - Forms - Termination of Parental Rights Annotated - Uniform Laws Directory - Code Adam Protocols - Definitions For Chapter 199 - Boarding and Lodging Homes for Children - Administrative Provisions Of Chapter 199 FAMILY RELATED FORMSFAQ's about LawReader FARS - FATALITY ANALYSIS REPORTING SYSTEM Gov. studies and statistics re: motor vehicles FEDERAL CIVIL & CRIMINAL JURY INSTRUCTIONSLIist of linked Resources FEDERAL COURT & FEDERAL PRACTICE RESOURCESResources, rules for practice in Federal Courts, Tax Court, Armed Services courts, International Trade court, Veterans Claims court of appeals, Removal of cases to Federal Court, Jurisdiciton and procedure for removal FEDERAL COURT CASE IN WHICH BAR RULES WERE REVIEWED BY FEDERAL COURTMARCUS CAREY CASE....IN DETERS CASE AND JOHN BERRY JR. CASE FEDERAL DIST. JUDGE REEVES RULED THAT FEDERAL COURTS HAVE NO JURISDICTION TO REVIEW BAR RULES...CASE IS ON APPEAL TO 6TH. CIRT. AS OF 11-8-2011 FEDERAL COURTS - RULES AND RESOURCESAll Federal Courts Including Bankruptcy FEDERAL False Claims Act Legal CenterFEDERAL JUDGE - METHODS FOR REMOVAL Impeachment is not the only way to remove a federal judge, other rules and laws provide alternatives. FEDERAL JUDICIAL CENTER - COURTS and RESOURCESPublications - Courts - Resources for Practice in Federal Court FEDERAL JURY INSTRUCTIONSFEDERAL PRACTICE COURTS IN LAWREADER'S CASE LAW DATA BASE Bd. of Immigration Appeals, Court of Federal Claims, Ct. of International Trade, Occupational Safety and Health Review Commission (OSHRC), U.S. Tax Court, U.S. Court of Appeals for the Armed Forces, Fed. Mine Safety and Health Review Commission (FMSHRC), Internal Revenue Service Revenue Rulngs, National Transportation Safety Board (NSTB), U.S. Supreme Court FEDERAL REGULATION OF PRACTICE OF LAWFEDERAL RULE 11 - SAFE HARBOR DEFENSE Representations to the Court - Sanctions FEDERAL RULES OF CIVIL PROCEDURERules of Procedure - 2010 FEDERAL RULES OF CRIMINAL PROCEDURE2010 FEDERAL RULES OF EVIDENCE2010 FEDERAL TORT CLAIMS ACT - TITLE 28FEDERAL TORT CLAIMS ACT: HOW TO SUE THE UNITED STATES FEDERAL TRADE COMMISSION FEE AGREEMENT LINKS additional fee agreement forms, letters, client interrogatory FEE AGREEMENTSFEES - HOURLY FEE BILLING…IS IT ON THE WAY OUT? FEES OF ATTORNEYS, GUARDIANS, AND PERSONAL REPRESENTATIVES, TRUSTEES -HANDLING ESTATES AND TRUSTS FEES THAT CAN BE ASSESSED AGAINST PRISONERS Confinement Fees - Booking Fees - Release Fees - Bond Fees - Work Release Fees - Per Diem Fees - Jail Canteen - Medical and Psychiatric Treatment Fees and Costs - Indigency - Transportation Fees - Damage to Jail Fees -Restitution Payments - Collection of Home Incarceration Fees - Probation Fees Authority - Diversion Fees Authority -Child Support Collected while on Work Release.... FELONS - PASSPORT ELIGIBILITY - RESTORATION OF VOTING RIGHTSFEN PHEN ARTICLES LAWREADER'S ARTICLES AND COMMENTS ON THE LAW BEHIND THE BOONE CIRCUIT COURT FEN PHEN ACTION FEN PHEN CASE - Cy Pres DoctrineFEN PHEN CRIMINAL APPEAL TO 6TH. CIRT. BY WILLIAM GALLION FIDUCIARY DUTIES - standards and authorities, annotations FIFTH AMENDMENT – RIGHT AGAINST SELF INCRIMINATION FILING FEES, KENTUCKY CIVIL COURT CIVIL FILING FEES AS AMENDED MAY 2008 FINDINGS AND ORDER AWARDING PENALTIES FOR FAILURE TO RELEASE LIEN IN A TIMELY MANNERFINDINGS OF FACT Duty of fact finders to issue adequate findings FIREMAN'S RULEImmunity of property owner from liability for injury to firefighter, para medic or policeman injured on his premises. FIRST AMENDMENT -Speech, Religion, Press, Assembly, Petition to GovernmentFMLA - Family Maternity Leave Act FOCUS GROUPS FORCE MAJEURE FOREIGN JUDGMENTS, ENFORCEMENT AND REGISTRATION FORENSIC EXAMINATIONS BY CRIME LABS FORFEITURE & SEIZURE RULES - CONTROLLED SUBSTANCES, KY. MODEL POLICY Ky. Justice Cabinet Model Policy for forfeiture of property seized in drug related offenses FORM FOR FEDERAL COMPLAINT - INJUNCTIVE RELIEFFORM FOR TRANSFER FROM CT. OF APPEALS TO SUPREME COURT FORMS LIBRARY - PRACTICE & PLEADING 78,000 LEGAL FORMS FORUM NON CONVENIENSFRAUD, ELEMENTS OF FRAUDS - STATUTE OF FREE LEGAL ADVICE ON HUNDREDS OF TOPICS FREE SPEECH PROVISIONS OF KENTUCKY CONSTITUTION FUTILITY DOCTRINE GAMBLING Section 226 of Ky. constitution bans lotteries, not gambling in general, Attorney General's opinion on gambling being permitted OAG 05-003 GARNISHMENT EXEMPTIONS- PROCEDURE TO CHALLENGE GARNISHMENT GARNISHMENTSGENERAL CLIENT CHECKLIST GENERAL LAW PRACTICE FORMS GIFTS - AUTHORITIES DEFINING LAW OF GIFTS GIFTS - WHEN THEY MAY BE KEPT - RETURNED GILBERT AND SULLIVAN WHEN I CAME TO THE BAR Good Time Credit- aka/ Jail Time Credit GRAND JURY PRACTICE Charge To Grand Jury - Foreperson - Oath to Witnesses - Attendance of Witnesses - Evidence for Defendant - Evidence Supporting Indictment - Compelling Testimony - Duties of Prosecuting Attorney -Transcript of Testimony - Presence of Other Persons with Grand Jury - Return of Indictment - Procedure Upon Failure to Indict - Secrecy of Proceedings -Disclosure - Tort Liability of Grand Jurors for Slander. GRANDPARENT VISITATION - STANDARDS - BURDEN OF PROOFGREAT AMERICAN SPEECHES Valuable resource for speeches, articles, closing arguments GUARANTOR ON DEBT -RIGHTS AGAINST DEBTORThe surety (guarantor) of a debt is subrogated to the rights of the creditor against the debtor when he pays off the obligation. - See statute and authorities for guarantors right to sue debtor for contribution. GUARDIAN AD LITEM - DUTIES - LAWS- FEESComplete resources re: Guardian Ad Litem, duties, fees, authority GUARDIAN AD LITEM - OUTLINE OF DUTIES AND POWERSGuardian Ad Litem appointment for Prisoner in Civil Case GUARDIAN FEES GUARDIAN IS NOT NECESSARY TO FILE CIVIL ACTION FOR MINOR. NEXT FRIEND MAY FILE FOR MINOR. Next friend qualifications, Guardian may be necessary to issue release and receive funds of ward. GUARDIANS - KRS Chapter 387.00 - ANNOTATEDGuardians, jurisdiction of court, conservators, curators, limited guardians, appointment, compensation, appointment of guardian ad litem etc. GUARDIANSHIP- Recommendations of Commission on Guardian Ad LitemReport of a committee regarding guardians duties and functions GUILTY PLEAS - PROCEDURES- FINDINGS - WITHDRAWAL - BOYKIN ISSUESJudge's Plea colloquy, Boykin procedures and issues, Guilty plea procedures, Waiver of Rights and entry of plea of guilty procedures, withdrawal of guilty plea, consequence of defendants breaching plea bargain and losing benefits of plea agreement, duty of commonwealth to honor plea agreement GUN RIGHTS, SUPREME COURT OPINION ON 2ND AMENDMENTDistrict of Columbia v. Heller, issued June 26, 2008, see full text HALL OF SHAMECourt Decisions So Bad They Deserve a Prize - Send us your nominations HANDBOOK FOR CONDUCT OF CIVIL TRIALS - HOW TO SUE, DEFEND, WIN, APPEAL AND COLLECT CIVIL CLAIMSHow To: Sue - Prepare Your Case - Conduct a Trial - Defend - File Motions - Appeal Civil Claims - Collect Your Judgment HANDGUNS - KY. CARRIED CONCEALED HANDGUN RESOURCESProcedure for obtaining permit, prohibited practices, conditions for carrying gun in car, reciprocity with other states HARMLESS ERROR STUDY- IS KY. APPLYING THIS RULE TOO FREQUENTLY?This study discusses the application of the Harmless Error rule in Federal and State jurisdictions. It analyzes whether the Ct. of Appeals is properly applying the Harmless Error rule. HEARINGS, PROCEDURES AND RULES FOR CONDUCT OF HEARINGSHow to conduct : Administrative hearings, Probate hearing, Probation Revocation hearing, Suppression hearing, Pre-trial hearing and much more HEARSAY RULE- the basic ruleHELP - FAQ HERALD LEADER FRONT PAGE HGN: Horizontal Gaze Nystagmus HIGH-LOW SETTLEMENT AGREEMENT W/SAMPLE FORM Highway Safety Laws HIGHWAY- KY- MAPS, TRAFFIC COUNTS, DRIVER'S LICENSING KY. DEPT. OF TRANSPORTATION HIPAA - notes on disclosure of private medical informationHISTORICAL DOCUMENTS Old versions of Ky. Constitution, Articles of Confederacy, Act Admitting Ky. into the Union Declaration of Independence, Magna Carta HISTORY OF KENTUCKY STATE CAPITOL BUILDINGHOME RULE OF CITIES Statutes and Authorities Discussing Home Rule of Cities HONEST SERVICES - prosecution theoryHORIZONTAL GAZE NYSTAGMUS ["HGN"] TEST Horizontal Property Law – (Condominiums) Statutes and resources, condo, landominiums, horizontal property regimes horner's past columnsHow the NASCAR points system works How to copy and print a form or article HOW TO NAVIGATE LAWREADER How to find your way around Lareader, How to use the Case Law Search Engine, How to use the Internal Search Engine, How to call up topics, How to do what is similar to Shepherdazing (tm) HOW TO SUE, APPEAL & COLLECTComplete handbook for litigating your claim in court. HOW TO USE LAWREADERHOW TO USE LAWREADER TO SAVE TIME Tutorial on procedures to speed up the writing of briefs, doing research, copying and pasting, accessing your computer offsite, attaching documents, using search engines, and getting back to the home page...and more HUMAN RESOURCE POLICY MANUAL - ResourcesHYDE AMENDMENT AND EQUAL ACCESS TO JUSTICE ACTS These federal laws allow recoupment of legal expenses in Federal Criminal and Civil cases that go unproven IAD-INTERSTATE AGREEMENT ON DETAINERSStatues relating to IAD - interstate agreement on detainers IDENTITY THEFT - DISCUSSION OF STATUTE- ACTUAL PERSON MUST EXISTKRS 514.020 see U.S. Supreme Ct. ruling and LawReader comments on facticious identity as compared to knowingly taking someone else's identity IDENTITY THEFT - HOW TO PREVENT IDENTITY THEFTIME - VIDEOTAPING OF INDEPENDENT MEDICAL EXAMINATION Court order citing authorites which allow Independent Medical Examinations, with conditions. Nurse allowed to be present and to videotape the examination. Immigration , Study of Fiscal Impact ofIMMIGRATION LAW - PRACTICE RESOURCES -GREEN CARDS, CITIZENSHIP, VISAS, INS Articles, practice resources IMMINENT DOMAIN - TAKING OF PRIVATE PROPERTY BY GOVERNMENTIMMUNITY FOR FILING BAR COMPLAINT IMMUNITY FOR THE FILING OF BAR COMPLAINTS IMMUNITY FROM PROSECUTION Constitutional Sections 66,67,and 68 concerning impeachment procedures, including the penalties imposed upon an official who is impeached. Court decision expanding the power of the Judicial Conduct Commision to prohibit an impeaced judge from running for judicial office again. IMPEACHMENT OF WITNESS AUTHORITIESRight To Impeach - Discretion of Judge - Prior Offenses -- Use Of Collateral Facts on Impeachment Not Generally Permitted - Even Though There Is No Rule Of Evidence Prohibiting Such Impeachment IMPLIED CONSENT GUIDELINESINCOMPATIBLE OFFICES – WHEN OFFICE VACATED INDEMNIFICATION DEFENSE common law defense of indemnification still exists under comparative neg. era INDEPENDENT CONTRACTORWhat is an independent contractor? INDIAN CITIZENSHIP ACT OF 1924Act granting citizenship to native americans INDIANA RULES OF EVIDENCEINDIANA RULES OF PRACTICE AND PROCEDURE Civil & Criminal Rules, State Constitution, Practice provisions INDIANA STATUTES INDEXLink to Indiana State Statutes INDICTMENTS - STANDARDS & PROCEDURESMinimal standards required of indictment. Procedures for appeal, dismissal, grand jury. INDIGENCY – AFFIDAVIT – DETERMINATION OF INDIGENCYINFORMED CONSENT RESOURCES iNFORMED CONSENT FOR MEDICALPROCEDURES, STANDARD OF CARE, PHYSICIAN NOT INSURER OF OUTCOME.... INFRA - SUPRA DEFINEDINJUNCTION PLEADINGS BY LEGISLATORS TO SEEK NEW HOUSE REDISTRICTING PLAN - 2012 INJUNCTIONS, RESTRAINING ORDERS, RULES AND ANNOTATIONS Restraining orders, injunctive relief, bonds, irreparable injury, modification, service, receivers INJUNCTIVE RELIEF - TEMPORARY RESTRAINING ORDERCircuit Judge held defendant in contempt without a hearing. Ct. of Appeals within hours issued TRO. Petition of defendant INJUNCTIVE RELIEF UNDER SEC. 1983 CLAIMS LIMITEDPulliam overruled: Injunctive relief against state judicial officer limited by l996 amendment to Sec. 1983. INJUNCTIVE RELIEF- CAN RELIEF BE SOUGHT FROM SUPREME COURT?INMATE LAW INMATE LAW-POST JUDGMENT REMEDIES-GOOD TIME CREDIT-LIBERTY INTEREST INMATE MAIL MAY BE REGULATEDFed. and State cases discussing regulation of inmate mail AND power of jail to restrict inmate to inmate mail Innocence Project, TheCriminal Justice System Reform Group offers model legislation for reform. Inquiry Commission ProceduresINSTRUCTION TO APPLY UNINSURED MOTORISTS COVERAGE IN ROAD RAGE CASE - DAMAGES -PHYSICAL INJURY, EMOTIONAL HARM -POST TRAUMATIC STRESS SYNDROME INSTRUCTIONS - RESOURCES FOR JURY INSTRUCTIONS resources INSTRUCTIONS - MANUAL OF MODERN CRIMINAL INSTRUCTIONSNATIONAL CRIMINAL & CIVIL INSTRUCTIONS RESOURCES INSTRUCTIONS for Entrapment, Possession of Controlled Substances, etc.Possession of marihuna, trafficking, entrapment etc. INSURANCE - Bad Faith Settlement ActINSURANCE CODE KRS Chapter 304 - for Kentucky Need Legal Malpractice Insurance, check here for Professional Liability Insurance Companies that offer coverage in Ky. INSURANCE, DOUBLE RECOVERY -HEALTH-PIPCan There Be Double Recovery For No-Fault Or Pip Insurance And Plaintiff’s Health Insurance Policies? INTEREST AWARDED BY THE COURTInterest on judgments, Interest due on Restitution, Worker may retained earned interest on payment of subrogation, Legal Rate of Interest, statutes and authorities INTEREST ON JUDGMENTSPre-judgment and Post-Judgment interest. INTERLOCUTORY APPEAL RESOURCESINTERNET COURTROOM Test out your litigation skills and have an "impartial" jury evaluate your case on the internet. INTERNET LAW LIBRARYUpdated cases affecting those who do business on the Internet. INVOLUNTARY HOSPITALIZATIONJAIL TIME CREDIT Calculation of jail time credit, consecutive and concurrent sentencing, escape, discretion of court, etc. JAIL TIME CREDIT - CASESJAILERS - CORRECTIONS RESOURCES Jefferson County Mandatory Case Disclosure Form -Dissolution JEWISH LAW RESOURCES John M. Berry Case JOINT DEFENSE AGREEMENTS JUDGE HORNER'S COLUMNS FOR 2012 JUDGE HORNER'S LIBRARY FOR 2009 JUDGE HORNER'S PAST COLUMN ARCHIVE JUDGE HORNER'S ROUNDUP FOR 2010 JUDGE HORNER'S ROUNDUP FOR JAN. 29, 2011 JUDGE HORNER'S ROUNDUP FOR JAN. 8, 2011 JUDGE HORNER'S ROUNDUP FOR WEEK OF JANUARY 1, 2011 JUDGE'S SALARY-KENTUCKY SALARY - KENTUCKY TRAIL JUDGES-2010 JUDGMENT - FINALITY OFWhen does judgment become final. when can garnishment or execution be levied. Effect of post judgment motions and appeals on execution on judgment. JUDGMENT, VOID - LACK OF CRIMINAL INTENT DUE TO FAILURE OF NOTICELegal memo regarding enforcement of a void judgment when no jurisdiction was obtained, and where DOT never mailed notice to driver of his suspension or driver had no criminal intent since he had never received notice of Kentucky suspension of his driver's license JUDGMENTS - elements, errors, correctionsResources regarding rights and duties JUDGMENTS – RELATED RESOURCESCivil Rules, KRS provisions Interest upon tender of money to court JUDICIAL ADMISSIONJUDICIAL CANDIDATES- RIGHT OF FREE SPEECH JUDICIAL CONDUCT CODE - KENTUCKY JUDICIAL CONDUCT COMMISSION Procedures - Jurisdiction - Contact Information for Filing a Complaint JUDICIAL CONDUCT COMMISSION - RULES, STATUTES, PROCEDURESComplete resources for research Judicial Conduct Commission, with annotations of important Supreme Court rulings. Discussion of Commission's jurisdiction, statute of limitations for claims against judges, Contract Senior Judges must sign to enter into program, etc. JUDICIAL CONDUCT COMMISSION - subpoena powerPower of Judicial Conduct Commission to compel testimony from a witness. 5th. Amend. Civil Rules, Protective Orders discussed. JUDICIAL ELECTION CAMPAIGN RULESJUDICIAL ETHICS AND CONDUCT JUDICIAL ETHICS OPINIONS Opinions and News Articles JUDICIAL IMMUNITY DOCTRINE IGNORED IN KYJUDICIAL IMMUNITY FROM CIVIL ACTIONS Judge can't be sued for incorrect or even corrupt ruling. KBA immunity, prosecutors immunity. Section 116 of constution Rule making power of kentucky supreme court. Judicial Nominating Process to fill Judicial VacanciesJUDICIAL NOTICE Judicial notice of adjudicative facts - rule and annotations JUDICIAL SALE - GROUNDS FOR SETTTING ASIDEJUDICIAL SALES, TIPS, PAYMENT PROCEDURES JUKEBOX JURAL RIGHTS DOCTRINE Discussion of Jural Rights Doctrine with Authorities JURISDICTION OF COURTSConstructive Service - Ky. Long Arm Statute - Minimum Contacts In KY - In Rem - In Persomum - Quasi In Rem Judgments - Telephone Solicitations - Subject Matter - Jurisdiction of Courts -Dollar Amount Jurisdiction of KY Courts - U.S. Supreme Court Jurisdiction JURISDICTION OF FEDERAL COURTS re: constitutional review of states violation of defendants rightsJURISDICTION OF LOWER FEDERAL COURTS - ROOKER-FELDMAN DOCTRINE Supreme Court Decision Explaining Rooker-Feldman Doctrine and Four Part Test for Denying Federal Jurisdiction of State Courts JURISDICTION- CONCURENT STATE AND FEDERAL COURTSJUROR MISCONDUCT AUTHORITIES Review of juror misconduct, lies on voir dire, talking about case, illogical verdict, pretrial publicity, sleeping, procedure for review, juror cannot impeach own verdict and more JUROR SELECTON PROCESS - QUALIFICATION -CHALLENGE - DUTIES- KNOWLEDGE OF CASE- STRIKESKnowlede about case, Batson, Appellate standards, Hardship, Students, premptory challenges, juror misconduct, MAGIC QUESTION RULING REVERSED, death penalty qualification, postponement of jury service, court's discretion JURY INSTRUCTIONS LIBRARYActual Jury Instructions Used in KY Circuit and District Courts - Plus, Generic Jury Instructions On Almost Every Possible Topic. 1,646 Individual Instructions - More Than 100 Complete Instruction Kits with All Related Verdicts - Questions and Definitions JURY NULLIFICATION - RESOURCESJURY NULLIFICATION IS RECOGNIZED RIGHT IN KENTUCKY JURY NULLIFICATON Cases from Ky. and Ohio JURY ORIENTATION PROCEDURES – NEW PANEL- GRAND JURYScript and oath for orientation of new jury panel - & Grand Jury JURY SELECTION - VOIR DIRE - BATSONvoir dire questions, Batson standard for preemptory strike JURY TRIAL CONSULTANTS TIPS & RESOURCESCollection of articles and tips on use of trial consultants, how to voir dire jury on selected issues, damages, Jury selection, focus groups, mediation, arbitration, in-court services, opening and closing statements, mirror juries. and Harvard School of Government article quoting U.S. Magistrate J. Greg Wehrmann, Trial Consultant Mark Modlin, and Cincinnati personal injury attorney Joesph Shay III on One Day Summary Jury Trials. JURY TRIAL RIGHTS - Petty Offenses, Demand by Def., Demand by CommonwealthAuthorities which discuss right to a jury trial, and questions right of Commonwealth to demand a jury trial. JUVENILE - Representation - TransferGAL duties, sample report f, fees, Transfer Youth Offender to Cirt. Ct. order JUVENILE CODE KRS 600.010 THRU 600.060JUVENILE CODE KRS 600.010 THRU 600.060 JUVENILE CONSTITUTIONAL RIGHTS – SCHOOL OR POLICE QUESTIONINGMiranda Rights, Waiver of Rights by Juvenile standards, Interrogations by Private third party, Duty of police to notify parents of arrest of juvenile, In Re Gault... JUVENILE LAW RESOURCES -JUVENILE CODE ANNOTATEDJuvenile Code Annotated, Resources KACDL SEMINAR HANDOUT NOV. 7, 2008KACO - Ky. Assoc. of Counties KAR – KY. ADMINISTRATIVE REGULATIONS KBA MEDIA POLICY FOR PUBLIC HEARINGS KBA - SPEEDY TRIAL RIGHTS ABUSED BY KBA KBA BAR COUNSEL MAY BE VIOLATING SUPREME COURT RULES BY INCLUDING A CLAIM FOR THEIR ATTORNEY FEES IN THE COST BILL REQUIRED TO BE PAID PRIOR TO ANY APPEAL BY A DEFENDANT LAWYER TO THE SUPREME COURT IN KBA DISCIPLINE ACTIONS. KBA BOARD OF GOVERNORS 2005 KBA Code of Professional Courtesy KBA Convention 2009 KBA OFFICERS 2010-2011 - BOARD OF GOVERNORS KBA OFFICERS 2010-2011 - BOARD OF GOVERNORS KBA OPERATES ATTORNEY ETHICS PROGRAM FOR DISCIPLINE RESPONDENTS - EPEP KENTUCKY - OHIO BORDER - SUPREME COURT DECISION where is the Kentucky Ohio border? Kentucky Administrative Regulations - Quick IndexKentucky Bar Assoc. valuable resource, IOLTA, seminars, lawyer finder KENTUCKY CRIME VICTIM’S RIGHTSKENTUCKY DOMESTIC VIOLENCE KENTUCKY ELECTION STATUTES DIRECT LINKS Link to KRS Chapter on Elections. KENTUCKY LICENSING AGENCIESAgencies that license professions and monitor their conduct - Accountants to Veternarians, including physicians, counselors, pharmacists, etc. Kentucky Newspaper Directory - MagazinesKentucky Population by County thru 2007 Link to site that posts current population of all 50 states and all counties KENTUCKY REVISED STATUTESKRS QUICK INDEX KENTUCKY REVISED STATUTES MAIN INDEXKENTUCKY RULES OF EVIDENCE - LRC KENTUCKY RULES OF EVIDENCE – ANNOTATED by Lawreader Kentucky Rules of Professional Conduct -Comments KENTUCKY STATE GOVERNMENT - INDEXS, PROGRAMS, DIRECTORIES KENTUCKY STATE POLICE Statistics, CCW forms, contact info, inmate search, sex offen. registry, terrorism info., hotlines, traffic violation codes, driver's manuals, Commercial Driver's manual KENTUCKY SUPREME COURT DECISIONS - W / SYNOPSISKENTUCKY VIRTUAL LIBRARY KENTUCKY. GOV - Ky.'s Main Web Site access all of state government knopf adWilliam Knopf Mediator KRS AMENDMENTS 2007KRS ANNOTATED -By LawReader KRS CHAPTER 138.00 – EXCISE TAXES Page One KRS CHAPTER 138.00 – EXCISE TAXES Page Two KRS CHAPTER 17A- HEALTH BENEFIT PLANS - PAGE ONE KRS CHAPTER 403.00 - Page Two GENERAL PROVISIONS MARRIAGE – DIVORCE KRS CHAPTER 404 CONTRACTS AND SEPARATE ESTATE OF MARRIED WOMEN KRS CHAPTER 434 – OFFENSES AGAINST PROPERTY BY FRAUD KRS CHAPTER 434 – OFFENSES AGAINST PROPERTY BY FRAUD KRS CHAPTERS 386 thru 420 --ESTATES, MARRIAGE, DIVORCE, LIMITATIONS, SPECIAL PROCEEDINGS Domestic Relations, change of name, Marriage, Dissolution, Paternity, Support, Parent & Child,Trusts & Estates, Descent, Wills and Administration of Estates, Statutes of Limitation, Statutory Actions, Survival of Actions KRS INDEX - LInks: Title to Chapter to Full TextKRS INDEX - LInks: Title to Chapter to Full Text KRS QUICK INDEX KRS TITLE I - SOVEREIGNTY AND JURISDICTION OF THE COMMONWEALTH Chapters 1-4 KY COURT RULES INDEXIndex of All Court Rules: Civil - Criminal - Family Court - Rulrs of Evidence - Supreme Court Rules - Linked Directly to Each Rule KY. SECRETARY OF STATE FORMS:Corporation Forms – LLC Forms –Partnerships – Limited Partnerships – Foreign Partnerships – Limited Liability Partnerships – Assumed Name – Business Trusts – Business Records – UCC – Trademark – Service Marks KY. STATE GOVERNMENT AGENCY DIRECTORYLABOR LAW Resources for practice of Labor Law LAND CONTRACTLand Contract is to be treated under the law the same as a mortgage LAND CONTRACT - DISTRIBUTION OF INSURANCE ON LOSSInsurable interest, Duplicate Insurance Polices, Subrogation, Pro-rata payments by insurers LANDLORD & TENANT LAWEVICTIONS FROM REAL PROPERTY - UNIFORM ACT, FORMS, TIPS Landowners duty to remove dangerous trees which threaten third parties.LATIN TERMS DICTIONARY Law Enforcement Resources Extensive police resources and procedures. LAW JOURNAL LIBRARYSearch law journals by Law School or Topic for articles. LAW LIBRARYLinks to many legal research sources LAW OFFICE MANAGEMENT RESOURCESArticles and advice on how to build up your law practice, how to improve time and billing management, find and retain new clients, and administer your law office business LAW OUTLINES - BASIC OUTLINES OF LEGAL TOPICSRefresen yourself on the basics. LAW SCHOOL TOPICS & OUTLINESbasic law school course materials and resources LAW STUDENT RESOURCESBar exams, jobs, student resources LAW TOPICS INDEX - HIEROS GAMOS AREAS OF PRACTICE RESOURCESHieros Gamos' Areas of Practice contains over 70 primary practice areas which are further broken out into 130 additional areas. The organization and format of each topic is consistent from supra-national to local.LAWREADER ADVERTISEMENTS LAWREADER INTERVIEW ON BRAIN BREW LawReader CEO Gwen Billingsley is interviewed on PRI radio's Brain Brew. LawReader News Archives LAWREADER PRESS PUBLICATION PAGE Lawreader Terms of Use All users are subject and conditioned on these terms of use. LAWREADER TIPS & TOPICSLawReader’s CHILD SUPPORT CALCULATOR - for Kentucky LEADERSHIP and MANNERS, THE ART OF BEING A LEADER Theories of how to become a leader. Neatness, Manners, Inspiration of others LEASES – DAMAGES – CONSTRUCTIVE EVICTION –Landlord Tenant ActLEGAL DRAFTMANSHIP IS NOT PLAGIARISM LEGAL MALPRACTICE - Elements, Statute of Limitation Statute of Limitation, Privity, Continuous Representation Rule, Notice, Subrogation, etc. LEGAL MALPRACTICE CITATIONSAnnotationa and citations of Ky. malpractice rulings LEGAL MALPRACTICE RESOURCESDiscussion, 38 Kentucky case citations LEGAL RESEARCH - REALLY USEFUL CITATIONS OF FAMOUS CASESImportant Citations LEGAL RESEARCH RESOURCES ON THE INTERNETLEGAL RESEARCH VIA THE INTERNET Legal Research Seminar lesson by Stan Billingsley LEGAL RESEARCHERS DIRECTORYLEGAL RESOURCES INDEX - QUICK Locate courts, laws, addresses of U.S. Courts, and more LEGAL TOPICS ENCYCLOPEDIAArticles on legal topics that most affect your life LEGAL TOPICS ON THE INTERNETLEGAL WRITING TIPS - REQUIREMENTS FOR BRIEFS Resources with tips on legal brief writing. LEGISLATION ADOPTED IN 2004 LEGISLATIVE SESSIONLEGISLATIVE ADMENDMENTS 2011 SESSION Drugs, sentencing, parole, probation etc. House Bill 463 LEGISLATIVE ETHICS COMMISSION PROCEDURESLEGISLATIVE ETHICS RESOURCES Opinions and Statutes Regarding Legislators Solitcitation of Campaign Contributions LEGISLATIVE PENSION ENHANCEMENT - WHEN THEY RETIRE AND TAKE ANOTHER STATE JOBLEGISLATIVE POWER TO DENY SEAT TO MEMBER IS LIMITED Supreme Ct. has limited power of legislative body (Congress) to deny seat to new member at will. LEGISLATIVE RESEARCH COMMISSIONStatutes, kar, legislation pending, directories of legislators, bills filed LEGISLATURE - KY.Resources of Kentucky LRC LEMON AUTO MANUAL by Nick ThompsonManual for handling Lemon Law Claims. Warranties, FAQ, Magnuson - Moss Federal Act LEMON LAW HANDBOOKTips on what to do with a Lemon auto. LESSER INCLUDED OFFENSES INSTRUCTION– WHEN PERMITTEDLETTERS TO THE EDITOR Send us your thoughts on any topic - E-mail Gwenceo@hotmail.com Librarians and theLIBRARY OF CONGRESS LEGAL DATA BASES AND RESOURCES LIEN PRIORITY - First in time, first in line is the general rule.... LIENS - PENALTIES FOR FAILURE TO RELEASE LIENFORMS - ANNOTATED STATUTES Life Expectancy Table is authroized by KRS 342.260 and are found in Administrative Regulation 103 KAR 2:005. (below)LIFE EXPECTANCY TABLES Social Security Adm. life expectancy table, IRS life expectancy tables, related resources LIMITATIONS, STATUTES OFLinks to Statutes of Limitations in Civil and Criminal cases in Ky. LIMITED LIABILITY COMPANY - AUTHORITY TO CONDUCT BUSINESSLINKS SHOPPING, DIRECTORIES, DICTIONARIES, REFERENCE MATERIALS, LIS PENDENS AND JUDICIAL SALES LITIGATION - CIVIL Civil Procedural steps in sequential order LITIGATION - CRIMINAL PROCEDURAL CHECKLISTCriminal procedureal steps in sequential order LITIGATION and PLEADING FORMS - answers, interrogatories, motion, assignments, etcAnswer, affidavits, release, interrogatories, notice, motions, Bond assignment etc. LITIGATION CHECKLISTSLIVING WILL - Law and Forms for Ky. Living Will Directive in advance of terminal incapacity, forms for all 50 states, statutes, LLC KIT FOR KENTUCKY - FORMATION AND OPERATING AGREEMENTLOBBYISTS, DUTIES, PROHIBITIONS, FEE, DEFINITIONS Statutes regarding registration, definition of lobbyist, fees, prohibitions, expenditures, and statistics. Local Counsel Directory for Indiana, Ohio & TennesseeLocation of special LawReader / Google search engines LONG ARM STATUTE BY USE OF THE INTERNET Harvard Law Review Article discussing theories on the long arm statute and the use of the internet LONG ARM STATUTE EXTENDED BY KY SUP CTBy Hon. Dave Kramer LONG ARM STATUTES & RULINGSStatutes and annotations discussing application of Ky. Long Arm Statutes - businesses, torts, motorists, Transaction of business, minimal contacts doctrine LOUISVILLE - JEFFERSON COUNTY- METRO RESOURCESMaps, Open Records, Sewers, Roads, Auctions, Permits, Voting registration etc. LOUISVILLE RESOURCESMAGISTRATES BENCHBOOKS & RESOURCES This is a valuable resource provided by New Mexico MAGNA CARTAHistorical background and full text of Magna Carta MAINTENANCE - annotations -KRS 403.200 - KRS 403.250MALICE – DEFAMATION- PUBLIC FIGURES Different Definitions Of "Malice": Actual Malice - Criminal Malice - Public Figures - Limited Purpose Public Officials - Controversies Which Impose Public Figure Status. Davita V. Zeigler Discussed. MALICIOUS PROSECUTION OF MEDICAL MALPRACTICE CLAIMMalingering Tests MALPRACTICE CLAIMS - KRS RE: INFORMED CONSENT, INSTRUCTIONS, SETTLEMENTS ETC Definitions, Advance payment not to constitute admission of liability, Instructions to juries in case having multiple defendants, Informed consent standards, all settled claims to be reported to director of insurance, No warranty or guarantee of medical outcome unless placed in writing MAN RULESMANDATORY CASE DISCLOSURE FORM -JEFFERSON FAMILY COURT This form is required in Jefferson County, Ky. Family Court dissolution cases. MANUAL FOR COMPLEX LITIGATION & CLASS ACTION - FORMSMANUAL OF MODERN CIVIL INSTRUCTIONS Widely used in U.S. MANUAL OF MODERN CRIMINAL INSTRUCTIONSWidely used in U.S. MAPS - DRIVING, DEMOGRAPHIC, TRAFFIC, SEARCH ENGINEMARITIME AND ADMIRALTY RESOURCES MARK MODLIN AND BECKY JONES – trial consultants ARTICLES AND LESSON PLANS Tips provided by America's leading jury trial consultant on such topics as: Voir Dire, Voir Dire and Brain Damage cases, Use of a Trial Consultant, Do's and Don'ts of Mediation, Alternative Dispute Resolution, Jury Selection issues, and much more Marketinbg Tips for LawyersMARRIAGE , COHABITATION & UNMARRIED COUPLES RESOURCES Statutes, case law, and resources, forms for unmarried couples to establish rights. Proxy marriage. MARY CARTER AGREEMENTS - HIGH LO SETTLEMENTSMASTER COMMISSIONER RESOURCES Media & National Polls MEDIATION & ARBITRATION RESOURCES Orders, mediation contracts, mediation procedures and rules, sample order for mediation, tutorials, tips and related topics. MEDIATION KIT FORMSMEDIATIONS SETTLEMENT - ENFORCEMENT Relationship of oral agreement with writing in mediation settlements MEDIATORS, STANDARDS AND RULES OF CONDUCTABA MODEL STANDARDS FOR MEDIATORS, reporters notes, SCR of Ky. Sup. Ct. KBA Ethics Opinions MEDICAL EVALUATION, INDEPENDENT MEDICAL EXAMMEDICAL ISSUES, PRACTICE TIPS How to prepare and practice a case with medical evidence, med. mal claim, personal injury claim, etc. Use of medical information. Evaluation of med mal claim, tips for dealing with medical experts MEDICAL LIBRARYHospitals, drugs, procedures, massive resource MEDICAL MALPRACTICE "REFORM"Malpractice and P.I. news MEDICAL MALPRACTICE LAW & TORT RULESSpecial tort rules for med. malpractice MEDICAL MALPRACTICE STATUTES - LACK OF CONSENTConsent, malpractice liability MEDICAL MISTAKES - OVERVIEW OF TYPES AND CAUSES OF MEDICAL MISTAKESMEDICAL PRODUCT RECALLS See what medical devices and drugs have been recalled or placed on consumer alerts MEDICAL RECORDS - ANNOTATED - AND RESOURCESMEDICAL RECORDS COPYING CHARGES What can they charge you for a copy of patients medical records? MEDICAL TESTSHow medical tests will be conducted MEMORIAL TO LOST SOLDIERSMENTAL HEALTH OFFENDERS, ARTICLES MERIT SYSTEM -CIVIL SERVICE OF KY. STATE GOVERNMENT EMPLOYEES MILITARY LAW RESOURCES MINERALS AND MINING LAW RESOURCES MINUTES OF FIRST MEETING AND ANNUAL MEMBERS MEETING OF LLC MIRANDA RIGHTS - Cases, Standard of wording of Warning, Discussion, Law Journal Discussion Discussion of Miranda, wording of correct Miranda warning, comment on assertion of right to remain silent, denial of suppression of roadside questioning w/o Miranda warning MIRANDA RIGHTS - KY. ANNOTATED CITATIONSMIRANDA RIGHTS -U.S. SUPREME CT. CITATIONS Miscellaneous State Forms MISCONDUCT - ARGUMENTS THAT CAN CAUSE ERROR - PROSECUTORIAL MISCONDUCT Prosecutorial Misconduct, Palpable Error, Improper Arguments, Golden Rule, Manifest Injustice rule. Court standard for Closing Arguments Mistakes to Avoid If Divorcing - things you should knowMISTRIAL RESOURCES- WHEN GIVEN, STANDARDS, DOUBLE JEOPARDY AND CONSEQUENSES Model Mediation Rules - KY Supreme Court MODEL PROCUREMENT ACT - KY. KRS CHAPTER 13A ADMINISTRATIVE REGULATIONS MOOT - "moot case" DEFINEDMOOTNESS Sup. ct definition of "mootness" MORTGAGE & PROMISSORY NOTE FORMSMORTGAGE FORMS - LINKS TO FREE FORMS MOTION LIBRARY & PLEADING FORMS KY & Federal Forms For Over 600 Detailed 2009 update of the law concerning automobile insurance by Hon. William Kathman and Hon. Jay Vaughn MOTOR VEHICLE STATUTES - KY.MOTOR VEHICLE TITLE TRANSFER DUTIES Statutes, citations, article MVRA - MOTOR VEHICLE REPARATIONS ACT - ANNOTATEDStatute completely annotated with synopsis NAME CHANGE - CHILD - SPOUSE - ADULTName Change of child upon divorce, Adult Name Change, Maiden Name, Retaining Married Name NAME CHANGE FORM AND PROCEDUREName Change Statutes-Ky. NAMED INSURED - KY. ADOPTS INITIAL PERMISSION RULE - 2008 National Archives and Records Administration NATURAL RESOURCES & MINING LAWS Links and Annotated Statutes NCIC DATA BASEInformation obtained from the NCIC data base must be used only for police purposes. Often found to be hearsay, double hearsay, or violation of best evidence rule NEGLIGENCE OF PASSENGER IN CAR WRECK - Designated DriverNEMES, JASON - INSIDE THE SUPREME COURT NEW CIVIL AND CRIMINAL RULES FOR APRIL 1, 2009 Rule changes with LawReader commentary showing the changes made, and comparison with the old rule. NEW LAW FOR LOSS OF DRIVER'S LICENSE for certain theft offenses goes into effect. KRS 532.356(a)AOC Forms for suspension, reinstatement and Hardship Licenses when license suspended for theft offense, and resitution issues. NEWS - LEGAL & GENERALLinks to over 10,000 newspapers NEWS -chaotic last week of 2008 general assemblyNEXT FRIEND, duties and qualifications Duties and qualifications of next friend. NO FAULT INSURANCE - FAQ'sTutorial by Hon. Joe McGee NO FAULT INSURANCE by Hon. Bill KathmanDetailed outline by Hon. Wm. Kathman, no-fault, uninsured, underinsured, subrogation, tort of no-insurance, collateral source rule no name givenNOBEL, MARY JUSTICE - IMPORTANT DECISIONS Discussion of her Harmless Error Dissent which someday will be the law. Challenge to voir dire. Northern Ky Bar Xmas 2008NOTICE FOR HEARING OR MOTION MUST BE GIVEN ... NUISANCE - DISCUSSION OF ISSUES -w/ statutes Statutes - Court Order Discussing Types of Nuisances - Claims – Rights - Damages NUISANCES- authoritiesNURSE CONSULTANTS - TECHNICAL ASSISTANCE FOR PERSONAL INJURY CASES O to Z LEGAL TOPICS INDEX OATHS OF OFFICE - OATHS AND AFFIRMATIONS OBJECTIONS AT TRIAL Standard objections with explanation OBSTRUCTION OF JUSTICERules and penalties for lying to government OF COUNSEL - RELATIONSHIPOFFICE SUITE SOFTWARE FOR A LOW PRICE This software is downloadable and includes MS Word compatible word processor, spread sheet and many other features. It reads and writes in MS Doc and other formats, and allows you to creat a PDF file. It costs $12.97, and you can have a four day free trial. OHIO LAW - HOME PAGEOhio legal resources Ohio Reciprocity for Lawyers Sanctioned in Other StateOHIO UNPUBLISHED OPINIONS MAY BE CITED Opinion is not binding and must be attached to brief, but may be cited. OLD CASES
OLD FORMS PAGE OLD PROPERTY LAW CASE - Purchasing land at tax sale for one of several joint owners thereof subsequently conveyed land to such owner, title thereto did not vest in grantee old version without annotations - MOTOR VEHICLE REPARATIONS ACT - KY.Statutes and citations ONLINE LEGAL FORMS INDEX - 100,000 FORMSOPEN CONTAINER LAW - KY Statute and discussion OPEN RECORDS LAW FOR GEORGIAOPEN RECORDS, OPEN MEETINGS KY.- and Freedom of Information Act Fed. Gov. Statutes with Annotations -AG Opinions and Resources OPENING STATEMENTS - theories, resources, authoritiesORDINANCES, CITY & COUNTY Ordinances for Louisville - Jefferson County --Boone Co., Bowling Green, Covington, Florence, Ft. Wright, Hopkinsville, Lexington-Fayette Co. OUT OF STATE PRACTICE OF LAW RULES AND GUIDELINESLegal Opinion by Hon. Jan Shaw - Guidelines for representing clients out of state OUT OF STATE REPRESENTATION RULES - MULTI-JURISDICTIONAL PRACTICE - MAIN INDEXMain index on this topic OUTLINE OF A JURY TRIALProcedure to follow each step and oath of the way - voir dire to verdict OUTLINES OF BASIC LAW SCHOOL TOPICSOUTRAGE TORT OF- INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS PAIN: Tools for the objective measurment of Pain How to objectively express the intensity of pain. PALPABLE ERROR DISCUSSION - 11.42 MOTIONS - PRESERVED VS. UNPRESERVED ERRORSPARA LEGAL WEB SITE PARALEGALS - SCR Rules regarding paralegals conduct Pardon PARDON POWER REFORMS Suggestion for possible reform of Ky. Pardon Powers and changes in the Code of Ethics for the Executive Branch. PARENT'S LIABILITY FOR NEGLIGENCE OR TORTS OF THEIR CHILDIn some limited situations a parent may be held liable for the torts ot their child. PARENTAL KIDNAPPING, FAMILY RESOURCE GUIDEPAROL EVIDENCE RULE - Partnerships, A Lawyer May Be a member of two different law firms PAST KY. SUPREME COURT DECISIIONS LIBRARY PATENT ACT - U.S. CODE PATENT RIGHTS AND PROCEDURES - U.S. GOV. PATENT OFFICE PATENT SEARCHES - YOU CAN DO PATENT SEARCHES – DEVELOP A NEW SPECIALITY PATENTS AND TRADE SECRETS PATERNITY PATERNITY RIGHTS OF FATHER NOT MARRIED TO MOTHER Reversal of prior law. Sup. Ct. rules presumption of paternity may be overcome by adequate proof. PATRIOT ACT RESOURCESFull text of Patriot Act, New York decision holding parts of Act Unconstitutional, Overview of Act PBT - Preliminary Breath TestPBT TESTS FOR ALCOHOL - POSSIBLE ERRORS PEER REVIEW COMMITTEES: Qualified Immunity PENALTY PHASE OF CRIMINAL TRIAL - procedures - authorities PENSION PLAN PROPOSED FOR 2008 SPECIAL SESSION PERSONAL INJURY CLASSROOM - DICK LAWRENCE Dick Lawrence offers tips. PERSONAL INJURY MANUAL by Nick ThompsonTactical Manual for Personal Injury Practice PERSONAL INJURY, MED. MALPRACTICE & TORTS MAIN INDEXForms, laws, treatises, tips, links, malpractice, medical resources, new torts, financing resources, statutes, product liability ,It's all here PERSONAL JURISDICTION OVER OUT OF STATE LAWYER : The Jerome Kern EstatePetition for Rehearing of a Decision of the Court of Appeals PHANTOM VEHICLES, HIT AND RUN AND UNKNOWN DRIVERS, and COMPARATIVE NEGLIGENCE APPORTIONMENT PHYSICIANS AND OSTEOPATHS - LAWS AND REGULATIONS Statutes re: medical licensure, rules of conduct, duties, Regulations of Ky. Medical Licensure Board Pictures from KBA Convention 2006PIP EVIDENCE, MEDICAL BILLS AS PROOF OF PAIN, COLLATERAL SOURCE RULE, JURY INSTRUCTIONS ON PIP, REIMBURSEMENT, DOUBLE RECOVERY Plaintiff passing in no passing zone, defendant entering highway at intersection PLANNING & ZONING - HANDBOOK FOR KY. P&Z PLANNING AND ZONING PROCEDURES Handbook for Jefferson Co., but useful everywhere PLANNING AND ZONING STATUTES - KYPLANNING AND ZONING TUTORIAL PLEA BARGAIN - CASES Discussion of cases regarding plea bargaining powers of prosecutors, difficulty is getting plea set aside, and limitations on judges to interfere with the process. PLEA BARGAIN AGREEMENTS AND WITHDRAWAL OF PLEASEnforcement of plea agreements, withdrawal of guilty plea, Alford pleas, relevant KRE, relevant Criminal Rules, court may not plea bargain, Commonwealth must honor their committments, specific enforcement of plea agreement, duty of defense attorney re: acceptance of plea PLEA BARGAINING and THE COURTDuty of the Commonwealth to honor Plea Bargains, Remedies, State not to lie, Authority of the prosecutor, limitation on court interference, Alford Plea discussed, Ct. can't Plea Bargain PLEADINGS - HOW TO WRITE A PLEADINGPLUMBING INSPECTOR LAWS PODCAST READERS POLICE COMPLAINTS - PROCEDURES -INVESTIGATION-HEARINGS POLICE LINE UPS - problems found Problems found in police – Line Ups - Large error Rates -- Kentucky's standard for review of eyewitness testimony. An ethics rule adopted by the Supreme Court overrides statutory limitation of common law right to file tort claim for wrongful discharge. POLLS - National Political and Opinion PollsElection Opinion Polls, Policitcal Pollsters, Polling Information POLYGRAPH - testing of sexual abuse victim limitationsPolice and prosecutors cannot request or threaten sex crime victim to take polygraph as condition to investigate or prosecute alleged offense POWER OF ATTORNEY FORMTwo power of attorney forms POWER OF ATTORNEY RESOURCES AND FORMSPRACTICE AND PROCEDURAL TIPS Alphbetical Listing of Practice Topics, Tips, and Resources - Accounting to Wrongful Death PRACTICE OF LAW - DEFINITIONS BY STATEPRAYERS PRE TRIAL CONFERENCES - RULES REGARDING PRE-SENTENCE INVESTIGATION REPORTS Procedures for use of pre-sentence report, procedures for waiver by def's remaining in custody, Comprehensive sex offender pre-sentence evaluation report, annotations and statute PRE-TRIAL DIVERSION - Sex Offenders -rules and proceduresThe topic discusses the rules and procedures related to pre-trial diversion. Also discussed are definitions of "conviction", and duties of sex offenders to register is given pre-trial diversion for a sex offense. Pre-trial ORDER – AMENDMENTProcedure to seek amendment of pre-trial order - purpose of pre-trial orders PRECEDENT -rules for primary and seconday authoritiesDefinition for precedents. When is a precedent binding? Restatements of the law. PREEMPTIVE STRIKES AND THE HISTORY OF TRIAL BY JURYDissent by Justice William Cooper which discusses the history of the right to trial by jury and the basis for the right to preemptive strikes. PREJUDGMENT INTEREST - allowed for contract - torts, even if unliquidatedPREJUDICE AND PROBITY VALUE OF TESTIMONY PRENUPTIAL AND POSTNUPTIAL AGREEMENTS IN KENTUCKY Authorities and checklist for prenuptial and postnuptial agreements. PRESS - RESOURCES REGARDING REPORTERS AND RIGHT OF ACCESS BY PRESS- OPEN RECORDSKentucky Shield Law for Reporter's Sources, First Amendment, Right to Protect Sources, Procedures to enforce rights, Open Records - SIXTH CIRCUIT Rules and Procedures and extent of reporter's rights... PRESUMPTION OF NO RETROACTIVE APPLICATION OF LAWSPRETRIAL DIVERSON - statutes and resources PRETRIAL PUBLICITY - GAG ORDERS - STANDARD FOR DETERMINING BIAS Authorities re: pretrial publicity, issuance of gag orders, protection of jury panel from taint, closing of voir dire examination PRICING INFONATIONAL LAWREADER AND FASTCASE PRICING PRIMACY IN THE FIELD - CITY CANNOT OVERIDE CONSTITUTION OR STATUTEPRINCIPAL AND AGENT - THE LAW OF AGENCY Liability of principal, liability of agent, law of agency, termination of agency, duties of agent PRIOR RESTRAINT OF FREE SPEECH DISALLOWEDPRISON LIBRARY - Duty of Dept. of Corrections to provide access to legal research resources PRIVACY OF USERSPRIVACY, INVASION OF - TORT THE ACTIONABLE TORT OF INVASION OF PRIVACY RECOGNIZED IN KY. PRIVILEGE LOG- FORM AND EXPLANATIONPro Hac Vice PRO HAC VICE - APPEARANCE OF LAWYER OUT OF HIS STATE Right of a state to limit the practice of law in their state to persons licensed in their state-Procedures in Ky. for obtaining a permit from KBA for pro hac vice appearances. PRO HAC VICE CERTIFICATION-Permission for out of state lawyer to practice case in Ky. PRO SE ATTORNEYS - COURTS SHOULD ALLOWError for judge to mandate that Pro Se attorney hire lawyer. PRO SE REPRESENTATION - HOW TO DEFEND YOURSELF IN A CIVIL LAWSUIT WITHOUT AN ATTORNEYPROBABLE CAUSE STANDARD -U.S. Supreme Ct. cases Definition of Probable Cause - Arrest - Seizure of Property Spouse of witness is beneficiary. This may cause loss of part of the inheritance. Self-proving will. PROBATE - INFORMAL FINAL SETTLEMENT AND ORDERPROBATE LAW & RESOURCES - ALL STATES PROBATE PRACTICE IN KY. Authorities, statutes, article, settlements, checklists PROBATE-DESCENT, WILLS, ADMINISTRATION and DISTRIBUTION of ESTATES - ANNOTATEDAnnotated statutes relating to all probate topics. Descent, Wills, Administration etc. PROBATION FORMS - PROBATION & CONDITIONAL DISCHARGE annotatedAnnotated statutes, Probation, Shock Probation, Conditional Discharge, Pretrial Diversion, Revocation PROBATION REVOCATION PROCEDURESStatute and citations for revocation proceedings PROBATION, SHOCK PROBATION & PAROLE, HOME INCARCERATION, CONDITIONAL RELEASE, VIOLENT OFFENDERSProcedures for Probation, Shock Probation, Conditional Discharge, Community Service, Home Incarceration, Restitution, Sex Offenders, Violent Offenders PROCEDURE TO ANNOTATE FOR LAWREADER.COMPROCEDURE TO SEEK ENLARGMENT OF TIME IN WHICH TO FILE LATE BRIEF TO COURT OF APPEALS Procedure, Rules and Laws to fill Judicial Vacancies How a judge is nominated and appointed. Commission Rules, and Election laws. PROCESS - DATA BASE OF JEFFERSON COUNTY COURT PAPERSThe Jefferson Co. Sheriff's Office servces 65,000 court papers a year, and they post the status of these papers on their web site. Quickly check to see the status of subpoenas, notices, garnishments, Civil Rules, summons, jury notices, court order etc. PRODUCTS LIABILITY LAW WITH ANNOTATIONSStatutes and annotations PROFESSIONAL RESPONSIBILITY FOR ATTORNEYS - CHECKLIST AND OUTLINEChecklists & Outline of lawyer's professional responsibilites in practice PROFESSIONAL RESPONSIBILITY OF JUDGESOutline of Judges professional responsibility PROPERTY TAX APPEALS - FORMS AND PROCEDURES FOR APPEALProcedures for appealing a property tax assessment. FORMS -Copies of actual pleadings, appeal to Bd. of Tax Appeals, Appeal to Circuit Court, Appellant's Brief, Appellee's Brief, Notices, Instructions, Exhibits. Standing of property owner to seek judicial review of assessment, procedures for appeal, PVA's personal liability for bad faith assessment. PROPERTY TAXES, ASSESSMENTS, APPEALSStatutes relating to property taxes, assessments, appeals, adjustments and corrections of assessments, real property, personal property, intangible property, motor vehicle taxation, tax bills, collection, penalties PROPERTY TRANSFERS IN JEFFERSON COUNTYPROPERTY, RETURN OF SELECTED CASES PROPOSED JURY INSTRUCTION RE: BA TESTPROPOSED NEW ETHICS RULES, Practice of Law, Advertising rules- 2007 PROSECUTORIAL ACCOUNTABILITY - A TEXT BOOK BY JUDGE STAN BILLINGSLEY PROSECUTORIAL ACCOUNTABILITY CLE BY JUDGE STAN BILLINGSLEY (RET.) PROSECUTORIAL IMMUNITY CASE BEFORE U.S. SUPREME COURT OCT 2009 Pottawattamie County et al. v. McGhee Prosecutorial MisconductPROSECUTORIAL MISCONDUCT / ATTORNEY MISCONDUCT - IN MENTIONING VARIOUS TOPICS TO JURY PROSECUTORS RESOURCES Forms, search & seizure, misconduct, practice PROSECUTOR’S CIVIL IMMUNITY AND LIABILITY FOR MISCONDUCTPROSECUTOR’S DUTY RE: CONDUCT AND FAIRNESS One accused of a crime is entitled to a fair and impartial trial, inflammatory statements regarding victim's background forbidden, certain amount of background evidence allowed PROVISIONAL REMEDIES, ENFORCEMENTPROXY MARRIAGES, ARE THEY LEGAL IN KENTUCKY? PUBLIC ADMINISTRATOR Appointment, qualifications, duties PUBLIC ADVOCATE – APPOINTMENT, FUNDING, DUTIES, REIMBURSEMENT, COLLECTION, WHO COLLECTS FOR STATE?PA can represent indigent upon their detention prior to appointment, who is eligible, funding for investigation of case, collection and reimbursement, who collects for state, procedures for court appointment and review of appointment of PA PUBLIC EMPLOYEESRights and resources PUBLIC RECORDS - SEARCHFind public records of all states, military, federal government, worldwide sites, sex offenders, inmates, property records, people finders, newpapers, missing persons, aviation vessel links, and much more PUBLISH YOUR BOOKHave you considered finishing that novel or technical tome, and sharing it with the world? We will publish it for no charge if you share it with our users. Other ways you can publish your book. PUBLISHED OPINIONS - STATUTEStatute says all Sup. Ct. decisions to be published. No copyright PUNITIVE DAMAGES - U.S. SUPREME COURT CASESQUALIFICATION OF MEDICAL EXPERT Standards, outline of deposition for plaintiff, medical certainty, medical probability and not possibility QUANTUM MERUITAllows recovery when no contract will. QUIET TITLE ACTION- procedures and formsProcedure, findings of fact, conclusions of law and judgment forms for quiet title action QUOTES, about law and lawyersRACIAL PROFILING LAW FOR KY. RAFFLES, LOTTERIES, GAMBLING, CHARITABLE GAMING RAPE SHIELD LAW - ADMISSION OF PRIOR ACTS RCr 11.42 resources
Rule 11.42. Motion to vacate, set aside or correct sentence. REAL ESTATE CLOSING - PRACTICE OF LAW - ANTI-COMPETITIVE PRACTICESLetter to KBA from U.S. Justice Dept. regarding anticompetitive of setting of attorney fees Real Estate FormsReal Estate Law Resources II REAL ESTATE LAW- FORMS- APPRAISERS- RESOURCES focus on ky. resources for real estate REAL PROPERTY - Rule against perpetuitiesRECEIVERS – Receivership – Statutes, Rules, Authorties Appointment Procedure, Powers of Receiver, Grounds for Appointment, Persons qualified, Compensation, Statutes, Rules, and Case law RECKLESS DRIVINGThe non-exist traffic offense..they really mean "careful", also discussion of "weaving". RECORDS - CRIMINAL RECORDS CHECK - Must be Bar memberRECUSAL MOTION - AUTOMATIC STAY FILING OF RECUSAL PETITION AUTOMATICALLY STAYS TRIAL JUDGE'S FURTHER RULINGS - STATUTE RE: RECUSAL DUTY OF CHIEF JUSTICE RECUSAL OF JUDGE , COMMISSIONERS - FORM, STATUTES, RULE, TIPS, CASE LAWForm, statute, Code of Judicial Conduct, authorities RECUSAL OF KBA TRIAL COMMISSIONERDiscussion of recusal of KBA Trial Commissioner, Duty of Clerk to deliver recusal motion to Chief Justice, Waiver of disqualification must be in writing and negotiated out of presence of Judge or Trial Commissioner RECUSAL OF PROSECUTOR - ETHICAL DUTIES OF PROSECUTOR -REGULATIONS, FEDERAL GOV. Administrative Regulations, U.S. Code, SEC regulations, misc. REINSTATEMENT OF ATTORNEY SUSPENDED BY KBASuspended attorney must apply for reinstatement. Bar Counsel may oppose..Character and Fitness Commission rules on application. Burden of proof on applicant. REINSTATEMENT OF SUSPENDED LAWYER -Suspended lawyer must obtain approval of reinstatement of Bar Committee even after one day suspension. Supreme Court has delegated suspension sanctins to Bar Counsel and Character and Fitness Committee Religious FreedomRELIGIOUS MATERIALS - POSTING IN PUBLIC BUILDINGS -PUBLIC PROPERTY REMEDIAL MEASURES RESOURCES - KRS 407 - Subsequent Remedial Repairs - The Rule against admission of remedial measures in tort action, Exceptions, Product Liability, Exception for contravention or rebuttal of defendant's defense. REMEDIES - The Law of Remedies and DamagesTypes of damages available: equity, enforcement of equitalbe decrees, Injunctions, Restitution, Declaratory Judgments, Contract Remedies, Interfernence with economic interests, personal injury damages, punitive damages REMITTITUR, proper and improper use ofREMOVAL OF STATE CIVIL CASE TO FEDERAL COURT - RENTAL CAR, FAILURE TO RETURN Basis for charge, KRS 514.070, and lesser included offense defense that my be argued via KRS 514.100, unauthorized use of motor vehicle Report E-mail scamsRES IPSA LOQUITUR RESTITUTION AND FEES - KY. RESTITUTION RESOURCES AND RULES HEARN DECISIONS RE: Interest on restitution, statutes RESTRICTIVE COVENANTSMethod of interpertation, application, and attack upon a restrictive covenant. Grocery store definition. Retaliation Claims Against Public Officials - U.S. CodeRetired Judges Mediation Service RETROACTIVE APPLICATION OF STATUTES, RULES OF PROCEDURE, COURT RULINGS & ADMINISTRATIVE REGULATIONS RETROACTIVITY - GENERAL PRINCIPLES 2009 Decision by Chief Justice Minton RETROSPECTIVE COMPETENCY HEARINGREVERSED JUDGMENT - legal effect When court of appeals overrules a trial court judgment, it is as if the trial courts judgment never existed. Discussion of U.S. Attorney's motion for accounting from Angela Ford where she disbursed funds after her original judment was reversed. REVERSIBLE ERRORS 2003 - STUDY SHOWING ERRORS IN FEDERAL TRIALS THAT RESULTED IN REVERSALREVIVAL AND SUBSTITUTION OF CIVIL ACTION Upon the death of a party to a civil action, the claim can only be pursued upon petition for revival of the action and substitution of the deceased party by his estate. REVIVAL OF CIVIL ACTION AFTER DEATH OF PARTYREVOCATION OF PROBATION- PROCEDURES RIGHT TO COUNSEL RESOURCES Right to Counsel - Employment of Attorney by Third Party - Justiciable issue - Jurisdiction of Circuit Court Begins Before Criminal Complaint Issued - Etc. ROADBLOCK RESOURCESDiscussion of cases re: roadblocks ROADBLOCKS - KY. LAW RE: TRAFFIC CHECKPOINTSU.S. Sup. Ct. and Ky. Sup. Ct. authorities with other roadblock resources ROADBLOCKS - LAW REGARDING PROCEDURESThis site offers roadblock law information ROADWAYS, Presumption as to Area and Width of RoadsROBERT'S RULES OF ORDER Robert's Rules for conducting meetings Robert's Rules of Order - for conduct of meetingsFull text, charts, Introduction to rules for conduct of meetings by bodies. ROOKER-FELDMAN DOCTRINE RE: JURISDICTION OF LOWER FEDERAL COURTSLower federal courts precluded from assuming jurisdiction over state actions.- Supreme Court decision discussing this doctrine and its four part test. RULE 11 - ANALYSIS OF STANDARDS FOR IMPOSTION OF RULE 11 SANCTIONSAnalysis for limitations in imposing Rule 11 sanctions - Safe Harbor defense in FRCP - Standards for imposition of sanctions by trial court and standards for review on appeal RULE 11 - SANCTIONS DISCUSSEDCases regarding application of sanctions under Civil Rule 11....not aplicable to mere negligence in pleading.... RULE 11 SANCTIONS - ANNOTATEDRULE 11, STANDARDS FOR APPLICATION AND REVIEW RULE 11- FEDERAL RULES OF CIVIL PROCEDURE Important ruling by Judge Bertlesman re: Rule 11 standards RULE 11- relief, sanctions, standardsRULES AMENDMENTS FOR 2005 Amendments for Civil, Criminal, Evidence, and Sup. Ct. rules eff 2005 RULES OF EVIDENCE SUMMARY - ESSENTIAL TOOLSEvidence tools you will need in the Courtroom RULES OF EVIDENCE, KY.RULES OF KENTUCKY SUP. CT, PROCEDURE, ETHICS, CONDUCT with current updates RULES OF PROCEDURE - EVIDENCE - FEDERAL AND STATESEvidence and Procedural Rules - Ky. -Federal- Selected States Rules of Procedure United States Senate Committee on the JudiciaryRules of Professional Conduct - Supreme Court Rule 3.130 Rules of Professional Conduct - Supreme Court Rule 3.130 - 1.1 thru 8.4 SAINT YVES PATRON SAINT OF LAWYERS - IRISH PLAQUE - RICH VS. THE POOR SALES SALES CONTRACTS UNDER THE UNIFORM COMMERCIAL CODE Sample Form for Seeking Relief Under the McDade Act for Ethical Sanction Against Federal ProsecutorSANITATION DISTRICT RIGHT TO IMPOSE DRAINAGE TAX SARBANES - OXLEY ACT OF 2002 Corporate Financial Honesty Act SB 1- "TORT REFORM" BILL - 2004SCIENCE & THE LAW ARTICLE SCIENTIFIC METHOD, THE Prepare and evaluate your case by use of the Scientific Method. Prepare a blistering cross-examination of any Expert Witness. SEARCH AND SEIZURE MAIN INDEXModern Cases on Search & Seizure and 4th Amendment Issues - Search Warrants – Curtilage -Consent to Search, Warrantless Search Exceptions - Persons and Places, Standards of Proof - Burden of Proof SEARCH AND SEIZURE QUICK INDEXSTART YOUR SEARCH & SEIZURE RESEARCH WITH THIS INDEX:-This provides authorities for most search and seizure issues. 4th. Amend., plain feel, plain smell, plain view, searches when arrest out of car, and much more SEARCH ENGINE TIPS & MANUALSFrame better search querys, speed-up your search Search Engine, The New LawReader / GoogleWhy a new search engine? SEARCH WARRANT, PROCEDURE - INCORPORATION DOCTRINE REGARDING SEARCH FOR ITEMS NOT LISTED IN SEARCH WARRANTSEARCH WARRANTS Who can issue a Search Warrant? Justice Palmore discusses history of search warrant and who can issue one. SEATBELTS - NEGLIGENCE ? Non-use as defense, proof, instructionImportant resources essential to understanindg pleadings and proof regarding non-use of seatbelt in personal injury cases SECRETARY OF STATE - KY.UCC filings, Online, business name check, agents for service of process, elections, business licensing, business data SECURITIES & EXCHANGE COMMISSIONRules, forms, news, regulation SELECTIVE ENFORCEMENT -EQUITABLE ESTOPPELSELF DEFENSE - CASES AND STATUTES There are numerous versions of this defense. SEMINARS - CLESEMINARS - CLE, Ky., National SENATE CONFIRMATION OF JUDICIAL ASSISTANTS - EXECUTIVE BRANCH OFFICERS SENIOR STATUS JUDGE PROGRAM Statutory authority for Senior Status Program., discussion of Judicial Conduct Code vis a vis Senior Statuts Judges Senior Status Judges, DirectorySensormatic Security Tags - Why those security alarms go off indicating you are a shoplifter, when the retail had "cleared" the device upon your purchase. This problem can be corrected...and the devices are too easily defeated. This study by Billingsley Aerospace of Maryland alerts merchants to ways shoplifters can defeat these devices. SENTENCING RESOURCESSentencing guidelines. Payment of fines and costs. Probation, Home Incarceration, Bifurcation, Plea bargains. Fed. and state resources. Parole eligibility mistatements. Unauthorized sentence not void but is voidable. SENTENCING STATUTESAuthorized dispositions, probation, home incarceration, restitution, Racial Justice Act, hate crimes SEPARATION OF DUTIES OF THE THREE BRANCHES OF GOVERNMENTDuties of Judicial, Executive and Legislative Branches of government with regard to crimes, punishments - See where the lines are drawn. Dismissal of Indictment, setting of penalties, etc. SEPARATION OF POWERS - POWERS OF CONFIRMATIONDiscussion of issues relating to the Separation of Powers, Powers of Appointment, Maximum Terms of Office, Power of Senate and General Assembly to confirm executive and judicial officers, and members of boards and commission. SERVICE OF PROCESS - SUBPOENASSERVICE OF PROCESS –statutes, rules, procedures, marital long arm statute, civil long arm statute, warning order attorney, fees SETTLEMENT AGREEMENTS - REQUIREMENTS FOR BINDING SETTLEMENT - form for HIGH - LOW Form for High - Low settlement agreement SEVERENCE - DENIAL OF SEPARATE TRIALSSEX HARASSMENT IN WORKPLACE SEX HARASSMENT IN WORKPLACE EEOC Federal Guidlines for sex harassment claims SEX HARASSMENT IN WORKPLACE -KENTUCKY CASESSEX HARASSMENT IN WORKPLACE -KENTUCKY CASES Kentucky Cases Re: Sex Harassment in Workplace Sexual Assault, Tips on How to AvoidSEXUAL OFFENDERS REGISTRATION Links to statutes, and hyperlinked Hyatt Case which discusses all issues regarding Sexual Offender Registration Act - Madatory requirement for three years of conditional discharge after release from prison. Should you hire an attorney?SLIP AND FALL - standards - annotations SLOTS -VLT'S- MAY BE ADOPTED BY STATUTE - AG'S OPINION Attorney General's Opinion by General Conway- Slots at racetracks does not require constitutional amendment SMALL BUSINESS RESOURCESUseful resources for creation, operation of small business SMALL CLAIMS COURT RESOURCESSOCIAL SECURITY HANDBOOK & LIBRARY SOCIAL SECURITY RESOURCES FAQ, forms, rules, and tutorials. SOLICITATION OF CLIENTS - CLASS ACTIONSSoto v. Commonwealth, No. 2000-SC-0828-MR (Ky. 04/22/2004) SOVEREIGN IMMUNITY Yanero's new direction...liability extended to many officials. SPEEDY TRIAL ACT OF 1974Federal Law re: speedy trials, retrials minimum and maximum time periods SPEEDY TRIAL AUTHORITIESSPEEDY TRIAL RESOURCES 6TH. AMENDMENT - RETURN FROM ANOTHER JURISDICTION SPERM DONOR CONTRACT - SURROGATE PARENTINGLegal opinion with authorities regarding Ky. Law for surrogate parenting, with sample sperm Donor contract, and discussion of procedures for voluntary termination of father's parental rights. Spoilation of Evidence – failure to provide discoverySpoilation, harassment of witness, sanctions for failure to make discovery, missing evidence instruction, authorities, rules, and discussion, destruction of material evidence in civil and criminal trials, civil and contempt penalties SPORTS LAW RESOURCESSPOUSAL IMMUNITY - TESTIMONIAL PRIVILEGE AND EXCEPTIONS SQUEAL RULE, the – Your duty to report ethics violations SQUEAL RULE - KENTUCKY ATTORNEYS DUTY TO REPORT ETHICS VIOLATIONS STANDARD OF CARE OF HOSPITAL -INADEQUATE MEDICAL EQUIPMENT STANDARD OF PROOF REQUIRED Standards of proof - Proof required for over 100 issues STANDARDS FOR APPELLATE REVIEW OF ISSUES ON APPEALThese standards for review are required to be used by appellate courts STANDING - right to bring civil actionDiscussion of cases setting out the correct standard for court to apply to determine if party has standing to bring or participate in civil action. STANDING - THIRD PARTY INTERVENTION - CHARITABLE TRUST DOCTRINESTANDING TO FILE FEDERAL CIVIL CLAIM AND STARE DECISIS, DOCTRINE OF State Laws - All 50 states-Codes-Regs STATE OF OHIO BAR RULES- ETHICS RULES AND PROCEDURES STATE WORKER'S PERSONNEL BENEFITS State of Ky. worker's resources STATEMENTS TO THE JURY - THEORY AND EXAMPLESCases are often won with the opening and closing statements. Don't go to trial without reviewing these resources STATUTE OF FRAUDSSTATUTES & CODES FOR ALL STATES Directory of all states statutes STATUTES OF LIMITATION - CIVIL - W / ANNOTATIONSSTATUTES OF LIMITATION - PROCEDURAL TIMES, APPEAL TIMES -CRIMINAL- KY Ky. statutes with citations Statutory Construction - General vs. Specific StatutesSTATUTORY CONSTRUCTION RESOURCES Authorities for methods of statutory construction STEVE HORNER COLUMN - GOVERNMENT ISSUES IN KY.STEVE HORNER'S COLUMN - POLITICAL ROUNDUP Stewart, Judge - The Shelby County Mutiny: Where does judge stewart go to get his good name back? STOLEN PROPERTY RECOVERY, title and police auction, private sale Authorities for law re: recovery of stolen property sold by police and by private individuals STROKE - SYMPTOMSSTRUCTURED SETTLEMENTS - article Benefits of structured settlements - Tay Robinson STRUCTURED SETTLEMENTS - RIGHT FOR YOUR CLIENT?Article by Don McNay and William Garmer STRUCTURED SETTLEMENTS, WHY?STUDY OF LAW- COLLEGE OF LAW REFORM SUBDIVISION RESTRICTIONS SUBPOENA , IMPROPER USE OF Improper use of subpoena may be an ethics violation SUBPOENA - GUIDELINES FOR ISSUANCE OF OUT OF STATE SUBPOENASSUBPOENA RULES AND AUTHORITIES Civil, Criminal Rules re: Subpoenas, and Cases discussing Subpoenas SUBROGATION CLAIMS - authoritiesPersonal injury claims subrogation, MVRA subrogation, Worker's Comp. subrogation, attorney fees all discussed with authorities. KRS 411.188 regarding duty to give notice of filing of claim subject to subrogation rights. SUBSTANCE ABUSE INTERVENTIONNew law adopted in 2004 to allow for involuntary substance abuse hospitalization SUBTITLE 38 – HEALTH MAINTENANCE ORGANIZATIONSSUGGESTION BOX SUMMARY JUDGMENT STANDARDS – KY. AND FEDERAL COURT AUTHORITIES SUMMONS Service on wrong person, or use of wrong name is not always fatal.... SUP. COURT OF KY. DATABASE OF DECISIONSSUPPRESSION RESOURCES SUPREMACY CLAUSE - U.S. CONSTITUTON Federal law supercedes State Law SUPREME COURT - MUST THEY FOLLOW THEIR OWN RULES OF PROCEDURE?SUPREME COURT OF THE U.S. DATABASE DATA SET OF SUP. CT. DECISIONS, VOTING RECORDS SUPREME COURT RULES w/ recent updates - KY.SUPREME COURT STUDY 2007 LawReader Report of all rulings by Ky. Supreme Court-and by each Justice of the Court for the year of 2007 SUPREME COURT VOTING TRENDSU.S. Supreme voting analysis by Washington Post 2010 SUPREME CT. CASES ON SEARCH AND SEIZURELibrary of U.S. Supreme Ct. decisions on Search and Seizure and 4th. Amend. Supreme Ct. outlaws warrantless search of vehicle when def. in custodyTASERS USE- CONSTITUTIONAL LIMITS RECOGNIZED TAX - STATE OF KENTUCKY RESOURCES Constitutional authority for taxes,rulings and definition of illegal taxes, discriminatory taxes. Forms for state tax reporting, Kentucky - comparison of Ky. tax burden with those of all 50 states and also comparison of top 50 cities including Louisville... Tax Advantages of Operating a CorporationTAX DEDUCTION FOR MINOR CHILD Which party can claim the federal tax deduction for a dependent child. Form to submit with tax return. TAX LAW LINKS - FILING, AUDITS, AND MORETAXES - FEDERAL Resources and forms, U.S. Tax Court with Opinions, Revenue Rulings, Tax Information TAXES - STATE OF INDIANAResources and forms TAXES - STATE OF OHIOForms and resources TEN COMMANDMENTS - U.S. SUPREME COURT RULINGSTENANCY BY THE ENTIRETY TERMINATION OF PARENTAL RIGHTS Authorities and Ststutes with Annotations TERMS OF USE FOR LAWREADERTERRY V. OHIO - This exception to the 4th. Amendment was limited only to pat down for weapons.... The Case for Permitting Juries to Determine Probable Cause and to find if the BA test was Properly Conducted.THE HISTORY BEHIND THE TORT PROVISIONS OF THE 1891 CONSTITUTION The framers of the 1891 Constitution knew what they were doing in protecting the right to sue. The Political Road Less TraveledTIMEKEEPER - FREE DOWNLOAD Keep track of your billable time. Takes less than a minute to be up and working. TIPS & TOOLS FOR JUDGESAdmonitions, oaths, marriage ceremony, dui sentencing, survival tips, trial guide TIPS ON HOW TO BE A SUCCESSFUL LAWYERSurvival tips TITLE XVI - MOTOR VEHICLES - (DUI)TITLE XIX - PUBLIC SAFETY AND MORALS TITLE XV - ROADS, WATERWAYS, AND AVIATION TITLE XVII - ECONOMIC SECURITY AND PUBLIC WELFARE TITLE XVIII - PUBLIC HEALTH TITLE XX - ALCOHOLIC BEVERAGES TITLE - NO DEED NEEDED WHEN PROPERTY GIVEN BY WILL TITLE I - SOVEREIGNTY AND JURISDICTION OF THE COMMONWEALTH TITLE II LEGISLATIVE BRANCH Chap. 5 - 10 TITLE III - EXECUTIVE BRANCH Chapt. 11 -20 TITLE IV JUDICIAL BRANCH Chap. 21-34 TITLE IX - COUNTIES, CITIES, AND OTHER LOCAL UNITS CHAP. 65-115 TITLE L - KENTUCKY PENAL CODE TITLE LI - UNIFIED JUVENILE CODE TITLE OPINION- liability of attorney examing title and issuing title opinion Attorney who provides title opinion to lender, may be liable to third parties even when they are not in privity of contract with the attorney. TITLE V MILITARY AFFAIRS CHAP. 35-40TITLE VI - FINANCIAL ADMINISTRATION Chap. 41-55 TITLE VII - PUBLIC PROPERTY AND PUBLIC PRINTING chap. 56-60 TITLE VIII - OFFICES AND OFFICERS CHAP. 61 - 64 TITLE X – ELECTIONS CHAP. 116-130 TITLE XI REVENUE AND TAXATION TITLE XII - CONSERVATION AND STATE DEVELOPMENT TITLE XIII EDUCATION TITLE XIV - LIBRARIES AND ARCHIVES TITLE XL - CRIMES AND PUNISHMENTS TITLE XLI - LAWS TITLE XLII - MISCELLANEOUS PRACTICE PROVISIONS TITLE XXI - AGRICULTURE AND ANIMALS TITLE XXII - LEVEES, DRAINAGE, AND RECLAMATION OF LANDS TITLE XXIII - PRIVATE CORPORATIONS AND ASSOCIATIONS TITLE XXIV - PUBLIC UTILITIES TITLE XXIX - COMMERCE AND TRADE TITLE XXV - BUSINESS AND FINANCIAL INSTITUTIONS TITLE XXVI - OCCUPATIONS AND PROFESSIONS TITLE XXVII - LABOR AND HUMAN RIGHTS TITLE XXVIII - MINES AND MINERALS TITLE XXX - CONTRACTS & CONVEYANCING TITLE XXXI DEBTOR - CREDITOR RELATIONS TITLE XXXII - OWNERSHIP AND CONVEYANCE OF PROPERTY TITLE XXXIII - ADMINISTRATION OF TRUSTS AND ESTATES TITLE XXXIV - DESCENT, WILLS, AND ADMINISTRATION TITLE XXXIX PROVISIONAL REMEDIES, ENFORCEMENT TITLE XXXV - DOMESTIC RELATIONS TITLE XXXVI - STATUTORY ACTIONS AND LIMITATIONS TITLE XXXVII - SPECIAL PROCEEDINGS TITLE XXXVIII - WITNESSES, EVIDENCE, NOTARIES, COMMISSIONERS TOPICS - Index of Resources on Selected Legal Topics Resources for topics including Admiralty, Contract, Family Law, Health Law, Landlord Tenant, Lemon Laws, Malpractice, Tax Law, Structured Settlements, Worker's Comp, Commercial Transactions, Bankruptcky, Credit, Debtor-Creditor, Agency, Antitrust, Corporations, Joint Ventures, Securities, White Collar Crim, Agriculture, Alcohol, Controlled Substances, Tobacco, Energy, pollution, Real Estate, Real Property, Copyright, Patents, Trademar, Unfair Competiton, taxs, Civil Rights, Constitutional Law, Equal protection, First Amendment, Estate Plannng, Divorce, Insurance, Employment Discrimination, Damages, products liability, Torts and personal injury, Criminal Law and procedure, Prisons and prisoner'srights, Appellate procedure, Dispute Resolution, Equity, Federal Courts, pleadings, remedies, administrative law, government contracts, legislation, Education, Food stamps, medicaid, medicare, mental health, social security, welfare, Disability law, immigration, mental health, legal education, legal research, legal ethics, critical legal theory, feminist jurisprudence, philosophy of law, conflcits of law, foreign relations law, international law, trade, and more TORT CLAIMS ACT: HOW TO SUE THE UNITED STATESTORT LIABILITY OF POLICE OFFICER TORT REFORM IN KY. - THE FACTS A complete study guide and research resource re: Tort Reform TORT RESOURCES AND PERSONAL INJURY LAW - MAIN TORTS INDEXMain index of topics and resources re: Practice of Tort Law TORTS - PRODUCTS LIABILITY LAW3RD. Restatement influence on product liability TORTS LAW OUTLINE - The elements of tortsBack to Law School Outline showing you the basic elements of torts. A valuable place to review prior to trial. Tracing Assets – There is a Way to Do this Without Going CrazyIf you are handling an estate or a divorce, or dissolution and valuation of a business, you may be required to prove how the money went from one account to another, or more likely from numerous accounts to many other accounts. TRADE SECRETS - Ky. Statutes and Authorities Resources for the Trademark Registration Process... TRAFFIC CODE - KY.Traffic laws for Kentucky TRAFFIC COURT RESOURCES - DRIVER'S LICENSINGFines, Points, Traffic School, Suspensions, Forms, Traffic Stops TRAFFIC STOPS & ROADBLOCKSResources for conducting and challenging roadblocks and stops TRANSACTIONAL FORMSTRANSFER OF TITLE TO MOTOR VEHICLE -SELLER LIABLE UNTIL REGISTRATION IS COMPLETE TRANSLATION Translate from English to other languages or vice versa TRAVEL TIPS FOR EUROPE BY STAN BILLINGSLEYTREES, OVERHANGING - BOUNDARY LINE TREES, OVERHANGING - BOUNDARY LINE property owner may trim overhanging tree - removal of unsafe tree - right to maintain boundary line tree line. TRIAL COMMISSIONERS OF THE DISTRICT COURTRules and Duties re: Trial Commissioners TRIAL COMMISSIONER - AUTHORITY TO SIGN WARRANTS FROM OUTSIDE HIS JURISDICTIONTRIAL CONSULTANTS - PLAINTIFFS SETTLEMENT SPECIALIST MARK MODLIN Do you know the difference between a million dollar case and a five million dollar P.I. case? Mark Modlin has helped win and settle over $1.5 BILLION worth of P.I. cases. TRIAL OUTLINESequential steps in jury trials, with Voir Dire and Juror Oaths. TRIALS VS. MEDIATION, ARBITRATION -The number of cases going to trial in federal and state courts has declined dramatically, this may pose threat to constitutional values. TRO - COURT ORDER DENYINGTEMPORARY RESTRAINING ORDER DENIED TRUANCY - conflicting statutesIt is improper for Commonwealth to prosecute truancy charges against a parent under KRS 530.070 instead of KRS 159.010. Statutory Construction. TRUST AND TRUSTEE RESOURCESStatutes, Case Law and LawReader resources discussing TRUSTS and TRUSTEES TRUTHFULNESS, DUTY OF LAWYERSU.C.C. - FILING ONLINE U.C.C. - UNIFORM COMMERCIAL CODE RESOURCES U.C.C, KY AND UNIFORM VERSION U.S. Attorney’s ManualManual used by U.S. Attorneys in civil and criminal cases and investigations. This is a valuable tool for legal research into practice before the Federal Courts U.S. CODE - INDEXU.S. CONSTITUTION, ANNOTATED U.S. CRIMINAL CODE - quick index U.S. SUPREME COURT - JUDGES, HISTORY, IMPORTANT RULINGS Everything about the Supreme Court and its historical path to authority U.S. SUPREME COURT - TOPIC INDEX OF RECENT DECISIONSSearch for recent Supreme Ct. decisions by year or topic U.S. SUPREME COURT DECISIONSGo to alphabetical index for TOPICS U thru Z U.S. Supreme Court Historic DecisionsHistoric Supreme Court Decisions indexed by Topic U.S. SUPREME COURT NEWSUBERRIMA FIDES - definition Good faith - duties between insured and insurer UNAUTHORIZED PRACTICE OF LAWDOES THE KY. SUP. CT. HAS CONSTITUTIONAL JURISDICTION TO REGULATE NON-MEMBERS OF THE BAR? UNAUTHORIZED PRACTICE OF LAW - ARTICLES AND COMMENTSTHE KY. CONST. SECTION 116 LIMITS COURT FROM DISCIPLINE OF NON-LAWYERS UNAUTHORIZED PRACTICE OF LAW - PRO SELink to ABA article UNAUTHORIZED PRACTICE OF LAW RE: REAL ESTATE CLOSINGSCourt permits lay closings in many cases. UNAUTHORIZED PRACTICE OF LAW RULESWall Street Journal reports on Kentucky Para Legal Della Tarpinian's fight with the Ky. Bar Association - Federal Trade Commission enters fight UNAUTHORIZED PRACTICE OF LAW RULINGSThrough Nov. 1, 2003 Understanding Lawyers' FeesUNEMPLOYMENT COMPENSATION - procedures UNFAIR CLAIMS SETTLEMENT PRACTICES - KAR -ADMINISTRATIVE REGULATIONS UNFAIR COMPETITION With Annotations Uniform Child Custody Jurisdiction and Enforcement ActKRS 403. 800 thru KRS 403.880 Conference on Uniform State Laws UNIFORM LAWS RE: BUSINESS AND FINANCEUniform laws linked to state statues UNIFORM STATE ACTS AND MODEL ACTSUNIFORM TRADE SECRETS ACT - KENTUCKY UNJUST ENRICHMENT DOCTRINE- Defined, When applied UNPUBLISHED DECISIONS, CITATION OF Update of New Laws Passed by 2006 Legislature usa TOPICS U thru Z USE OF GUN IN DRUG PROSECUTIONS U.S. Supreme Court limits definition of the word “USE” of a gun in a drug related prosecution VALUATION TESTIMONY re: property Qualification of witness to testify - Real property - Personal property VENUE OF CRIMINAL ACTION – CAN DEFENDANT BE TRIED IN COUNTY OTHER THAN WHERE THE OFFENCE OCCURRED?VENUE RESOURCES & STATUTES - KY Discussion, case citations, statutes VENUE, CHANGE OF - PROCEDURE AND SUGGESTED FORMSprocedure for petitioning for change of venue-suggested forms and affidavits VERDICTSDIRECTED VERDICTS - SUMMARY JUDGMENT STANDARDS VERDICTS - Why you shouldn't rely on published jury verdict servicesDon't be fooled by jury verdict reporting services! Versuslaw alternate search testVETERANS RIGHTS -LAWS VETO OR APPROVAL OF LEGISLATION PROCEDURES Kentucky process for approval of legislation, or veto, and overriding of veto VETO TIME LIMITSCalculation of Veto Periods after passage and after adjournment of a bill VIOLENT OFFENDERS SENTENCING -ExceptionsVIOLENT OFFENDERS MAY BE DENIED PROBATION OR PAROLE - Domestic Violence, DUI, Pre-trial Diverson exceptions and concurrent sentences, crimes committed while awaiting trial, crimes committed while on probation or parole VISITATION - CHILD CUSTODY -MODIFICATIONComplete statutes and modern annotations w/synopsis for VISITATION AND CHILD CUSTODY AND CHILD SUPPORT ISSUES. VOIR DIRE - EXHAUSTION OF PREEMPTORY STRIKESVOIR DIRE RESOURCES Articles on theory, rules, sample questions, Ky. authorities, civil - criminal VOLUNTARY ASSIGNMENTS FOR BENEFIT OF CREDITORS - KRS Chapter 379.00KRS 370.010 thru KRS 379.170 WAGE and HOUR LABOR LAWS, MINIMUM WAGE WARNING ORDER ATTORNEY RESOURCES warning order attorney practice, forms, citations WARRANTY, BREACH OFCases and UCC statutes regarding warranties, breach of warranty, warranties, WASHINGTON, STATE OF -- RESOURCESWEATHER ALL 50 STATES WEB CAMS - CHECK THE WEATHER ANYWHERE!! WEB DIRECTORY - KY. SITES - NATIONAL DIRECTORY WEST VIRGINIA RESOURCES WHAT CAN A HOSPTIAL CHARGE FOR A COPY OF A MEDICAL RECORD? What is LawReader? Is it right for you? What to do when the Judge has not entered the pending order or judgment after 90 days. WHEN DOES ACTION ACCRUE - and statute of limitation commences to run? WHISTLEBLOWER ACT - KENTUCKY WHISTLEBLOWER LAW - FEDERAL Federal False Claims Act of 1863 WHO IS LEARNING ABOUT LAWREADER?WHY COUNTY LAW LIBRARIES SHOULD PROVIDE LAWREADER WILL FORM, SIMPLE WILL WILLFUL BLINDNESS - CRIMINAL LAW Doctrine applied to civil cases by U.S. Supreme Court Williams Separation of Powers ComplaintWILLS - ANNOTATED Link to annotated probate statutes including wills. WILLS AND TRUSTS MANUAL, KY. - by Nick ThompsonWIRETAPPING AND EAVESDROPPING RESOURCES WITNESS, MATERIAL WITNESSES RESOURCES Arrest of material witness procedures. Use of material witness, appeals, presence in courtroom, identify of informant who is material, attendence of material may be compelled, continuance in absence of material witness WITNESSES- realted topics and resourcesLay, Expert, oath, impeachment, callling, character etc. WITTICISMS - FOR AFTER DINNER TALKS, SEMNARS, CLOSING ARGUMENTSWkly Ct. of App. Opinions 2005 WOBBLER - defined Tool used in California Three Strike laws WORD COMPATIBILITY DOWNLOADWordPerfect and SunOffice Suite users can now open Microsoft Word documents with this download WORKER'S COMPENSATION - UP THE LADDER DOCTRINEWORKER'S COMPENSATION - UP THE LADDER DOCTRINE Uninsured Employers Fund seeks to impose Up The Ladder Doctrine to hold home owner liable for roofer's injury. Roofing contractor did not have WC insurance. WORKERS COMP MANUAL - Complete Practice HandbookWORKERS' COMPENSATIONS LAW & FORMS WRIT OF CERTIORI - sample petition for writ When is it proper? what one looks like WRITS OF MANDAMUS & PROHIBITION - RESOURCESResources for preparing, filing, and prosecutiong a Petition for a Writ of Mandamus against a Judge or government Agency. Rules for practice before appellate courts. Sample petition outline. Authorties are cited including the Bender case which is highly cited. These same procedure may be used for a Writ of Prohibition. WRONGFUL CONVICTION -consider filing a claim with the Ky. Bd. of Claims WRONGFUL DEATH AUTHORITIESModern Cases Discussing Wrongful Death Law in KY WRONGFUL DISCHARGE OF ATTORNEY - RETALIATION CLAIM POSSIBLE AUTOMOBILE SEARCHES KENTUCKY RESOURCES |
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