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FORMSMASTER INDEX OF LAWREADER FORMS - OVER 78,000 Legal Doctrines & RulesABATEMENT OF TORT CLAIM ON DEATH OF PARTY Abortion proceedings by minor in District Court Statutory proccedings for minor to obtain court order permission for abortion ABORTION STATUTES FOR KENTUCKYABOUT LAWREADER ACCOUNTING LAW & RESOURCES ACCRUAL OF CAUSE OF ACTION - running of statutes of limitation ADDITUR, DOCTRINE OF ADMINISTRATION OF TRUSTS AND ESTATES - ANNOTATED ADMINISTRATIVE HEARINGS - Ky. Statutes - proceedings, rules ADMINISTRATIVE LAWConduct of hearings by executive agency boards and commissions, standards of review on appeal, appeal procedures 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 FORMS LIBRARY for KENTUCKY ADOPTION PRACTICE ADVERSE POSSESSION OF REAL PROPERTY Statutes and cases regarding adverse possession of real property, and claims of occupiers ADVERTISING RULES FOR LAWYERSAFFIDAVIT OF DESCENT – INHERITANCE OF REAL PROPERTY FROM INTESTATE – PROCEDURE TO ESTABLISH TITLE IN HEIR How to establish chain of title from intestate AGENCY - THE LAW OF PRINCIPAL AND AGENTAGENTS - ACTUAL-IMPLIED-OSTENSIBLE OR AGENTS BY ESTOPPEL Discussion of different types of agency, and shifting of liability of the principal vs. the agent. Duties of third party. Al Cross DinnerAl Cross - Frankfort - Mitch McConnell - Crit Louellen - David Hawpe ALCOHOLIC BEVERAGESStatutes and forms, open container law ALL LAW LEGAL TOPICS, RESOURCESALL 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 American Association of Internet JournalistsAN OVERVIEW OF MEDICAL MISTAKES Anatomy of the Human Body Gray's Anatomy - Illustrated ANNEXATION PROTEST RIGHTSANNOTATE ANNOTATED Materials List ANNOTATIONS - procedure to collect annotations Tutorial on the LawReader protocols for finding annotations from a list of statutes, rules, or legal topics. ANTI-TRUST / PRICE FIXING / TYING RESOURCESAOC - ADM. OFFICE OF THE COURTS AOC - NUMBER OF JUDGES IN KY. AOC FORMS INDEX BY CATEGORY APPEAL PROCEDURES IN KENTUCKY APPELLATE DECISION TOPICS, KY. RECENT kEYWORDS OF TOPICS DISCUSSED IN RECENT KY. APPELLATE DECISIONS APPELLATE REVIEW STANDARDSStandards of review used by appellate courts - Limitations on how far an appellate court can go in considering an appeal. APPLICATION FOR BOARD OF REGENTS FOR KY. COLLEGE OR UNIVERSITYAPPOINTIVE POWERS OF GOVERNOR Appointment of Receiver APPORTIONMENT W/ ANNOTATIONS Statutes and annotations discussing apportionment in tort and claims against or between joint tortfeasors. APPRENDI - Staying Afloat in the Apprendi Flood
Discussion of Apprendi – Chaos caused as courts attempt to sort our HARMLESS ERROR, PLAIN ERROR, and RETROACIVITY CONSIDERATIONS - 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 ARSON MYTHS - 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 Authorities 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 NAMEATTORNEY - CLIENT PRIVILEGE RESOURCES ATTORNEY CLIENT RELATIONSHIP -formation liability, duties ATTORNEY FEES - topics Fee disputes, Arbitration of fee disputes, enforcement of contingent fee contract on discharge of attorney and replasement by another, 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. 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 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 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. BANK'S RELEASE OF YOUR BANKING INFORMATION MAY GIVE RISE TO A TORT CLAIMBANKING LAWS & RESOURCES BANKRUPTCY CASE LAW CITATIONS 6TH. Circuit Citations BANKRUPTCY MANUAL - Complete Practice HandbookBANKRUPTCY RESOURCES Laws, forms, procedures BAR ASSOCIATION LINKSKentucky and National BAR ASSOCIATIONS DIRECTORYLlinks to bar associations everywhere, every group BILL OF SALE FORMSBILL OF EXCEPTIONS BILLS SIGNED BY GOVERNOR AS OF APRIL 9, 2008 BIRTH CLAIMS: PREECLAMPSIA, HELLP, FETAL HEARTBEAT MONITORING, Prostaglandin, INDUCED LABOR BLACK LUNG WORKMAN'S COMP. CLAIM PROCEDURES How and when to file a black lung claim, procedures, medical evaluations BLOOD TEST, more than two hours oldCan 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. BONDS, INDUSTRIAL REVENUIE Municipal and industrial revenue bonds - May a city issue bonds for projects outside the city. BOYKIN RIGHTS - PROCEDURES - GUILTY PLEA PROCEDURESBREATHALYZER - INTOXILYZER 5000 BRIEF LIBRARY Full text of thousands of briefs Budget of the Commonwealth of Kentucky - 2006- 2008Budget, Kentucky State Budget and Economic data BURDEN OF PROOF - who has it? when does it shift? BURDEN OF PROOF - who has it? when does it shift? BUSINESS LAW PRACTICEBUSINESS - 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 BUSINESS LAW LIBRARYResources for small businesses BUSINESS LAW RESOURCESSet up, maintain, corporations, llc, partnerships, businesses BUSINESS LAW STATUTESKentucky statutes re: businesses BUSINESS OPERATING AGREEMENTSBUSINESS- forms for Articles of Incorporation, LLC BUYING AND SELLING C.L.E. - CONTINUING LEGAL EDUCATION RESOURCES - NATIONAL & STATE CALCULATE DATES FOR PLEADINGS Calculator, citations re: pleading times & dates CANDIDATE FILINGS FOR 2006 KENTUCKY ELECTIONCANDIDATE FILINGS FOR MAY 2004 PRIMARY Can’t Find a Case? CAPITAL CASES - DEATH PENALTY - Resourse Guide for Mangaing Volume i- Federal Death Penalty Trials CHAIN OF CUSTODYCHANGE OF NAME - KRS CHAPTER 401 Chat Room Typing Abbreviations CHILD CUSTODY - CHILD VISITATION - KRS 403.270 with discussion and annotations BEST INTEREST OF CHILD STANDARD- CHILD VISITATION ORDER CHILD SUPPORT RESOURCESCHILD SUPPORT RESOURCES & WORKSHEETS CHILD SUPPORT sTATUTES - CALCULATORS - GUIDELINES - WORKSHEET CHOICE OF LAW - RETROACTIVE APPLICATION OF LAW A 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. CIRCUIT COURT CASE LOAD STATISTICS FOR 2004CITIES & COUNTIES RESOURCES - KY. CIVIL APPEAL AND CIVIL PRACTICE TIMELINES 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 Litigation HandbookCivil Litigation Handbook - OLD Version CIVIL LITIGATION PROCEDURAL STEPS & TIMES Sequential steps in a civil lawsuit - Also all time periods in which you must act Civil Pleading & Litigation FormsCIVIL PROCEDURE COURSE OUTLINE CIVIL PROCEDURE RULES NOT ANNOTATED - BY AOC & WESTLAW.COM Unannotated version CIVIL PROCEDURE – LAW SCHOOL COURSE OUTLINEBasic outline of Civil Procedure - refresh yourself on the basics. CIVIL RIGHTS CLAIMS - Ky. and Federal Section 1983- U.S. Code ClaimsAuthorization of Civil Claims when offical acting under color of the law CIVIL RULES INDEX - KENTUCKY- AnnotatedKY Annotated CIVIL RULES of Procedure 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. Client Trust Account for Ky. Lawyers - Principles of ManagementBook 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 COLOSSUS - Insurance claims adjustment program This 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 DUTYCOMMONWEALTH ATTORNEY'S DIRECTORY Commonwealth of Kentucky Agency List COMPARATIVE NEGLIGENCE Discussion of torts covered by compative negligence COMPARATIVE NEGLIGENCE IN KY.COMPARISON OF KY. CLASS ACTION RULES VS. FEDERAL CLASS ACTION RULES COMPARISON OF STATE TAX BURDENS COMPETENCY - HOSPITALIZATION- AND MENTAL HEALTH RESOURCES COMPETENCY -STAND TRIAL - COMMITTMENT Competency to stand trial, retrospective hearing, grand jury COMPLAINT FORMS LIBRARYover 100 civil complaint forms 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 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 -resources, authorities CONFESSIONS - STANDARDS - EXAMPLESConflicts that justify removal of attorney from case CONFRONTATION - RIGHT TO CONFRONT THE ACCUSER Authorities for 6th. Amend. right to confront your accuser, exceptions CONFRONTATION CLAUSE RULING EXCLUDES HEARSAY AND COMPELLED TESTIMONYConsolidation 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 CONSTITUTION -KY -- INDEXQuick access to Ky. Constitution, recent amendments Constitution of United StatesConstitutional law outline, resources CONSTITUTIONAL "SAME-SEX MARRIAGE" AMENDMENT, KY.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 FORMSCONSTRUCTION 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 COMPLAINT, LINKSLinks for filing consumer complaints online CONSUMER PROTECTION LAWFederal & State Resources CONTACT - FAQ - SIGN - UP - PRICINGContact Information for Kentucky State Boards, Commissions, and selected agencies CONTEMPT OF COURT Definition, civil, criminal, direct -indirect, citations CONTINUANCE - CIVIL TRIALStandards for court to consider in granting a motion for a continuance-authorities - No right to counsel in most civil trials CONTRACT LAWContract law resources, place of formation, venue, mutual mistake, unilaterial mistake, Non-Competition Agreement review standards CONTRACT, INTERPRETATION OF TERMSContract 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 372.990COOKIES - TEMP. CACHE CLEAN UP - BROWSERS If 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 RESOURCES- STATUTE, AUTHORITIESImportant cases that discuss a range of copyright issues - When copyright work passes into public domain allowing free and unlimited use. CORPORATE COUNSEL RESOURCESPersonal liability of officer, director or shareholder CORRECTION OF ERRORS IN JUDGMENTSCORRECTIONS: 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 RESOURCES County officials, Sample Ordinances, Census data, Demographics for all U.S. counties COURT COSTS - FILING FEESDefinition of court costs. Costs allowed in construction contracts. COURT DOCKETS FOR KY. TRIAL COURTS - five days in advanceCOURT OF APPEALS WEEKLY DECISIONS W/SYNOPSIS COURT RECORDS ARE NOT SUBJECT TO OPEN RECORDS LAW Access, Expungment and sealing of court records Quick Access toTools for Conduct of Trials COURTS, FEDERALLocator Map, practice resources CREATE YOUR OWN WEB PAGE IN MINUTES - ONLY $5 A MONTH TO MAINTAINAdvertising rules of KBA- See how easy it is to create your own web page. 120 templates and low hosting costs of only $5 a month make this the best value on the internet. 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 STATISTICS, KENTUCKYCRIMINAL RULES OF PROCEDURE-ANNOTATED INDEX - KY Criminal Rules of Procedure Index CRIMINAL APPEALS - SEQUENTIAL STEPS REQUIREDWalks you through the criminal appeals procedures CRIMINAL LAW RESOURCESCRIMINAL PROCEDURE TIMELINES Practice procedures in sequential order CRIMINAL PROCEDURES RULES BY AOC & WESTLAW.COMNot annotated version provided through aoc CRIMINAL RECORDS RESOURCEScheck criminal records CROSS-EXAMINATIONTHE ART OF CROSS-EXAMINATION - tutorial CURTILAGE CUSTODY, PRIMARY CUSTODIAN & RELOCATION Discussion 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 - types of damage, remedies, punitive damages, loss of consortium Discussion, definitions, types of damages allowed, limitations, amount must not be stated in complaint but must be divulged on discovery, DAMAGES -APPORTIONMENT, LOSS OF CONSORTIUM, PUNITIVE DAMAGES, REMEDIAL MEASURESData Base searches DAUBERT HEARINGS – STANDARDS, EXCEPTIONS, METHODS Daubert requirements, citations, exceptions for BA tests, Paternity Tests, Fingerprints, Ballistics DEADLY FORCE - USE OFStatutes, discussion, citations DEBT ADJUSTING - KRS Chapter 380.00 -Debt, Credit & Credit Cards, Loans & Lenders, Scams & Schemes DEBTOR/CREDITOR STATUTES DECISIONS- KY. COURT OF APPEALS All decisions of the Ky. Court of Appeals posted each week. Includes synopsis. Scan each week to stay current with the most recent appellate rulings. DEED FOR CONDOMINIUM PROJECT - WITH REQUIRED TENANTS NON-PROFIT CORPORATIONDEEDS DEFAMATION Outline of Defamation - LIbel - Slander DEFENSE AGREEMENTSDEFENSES - 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 & RULESDIRECT VS. COLLATERAL ATTACK ON JUDGMENTS Definitions and discussion of "Direct Action" and "Collateral Actions, Kentucky authorities DIRECTORY - LAWYERS, JUDGES, OFFICIALSDIRECTORY OF JUDGES, CLERKS, COUNTY HISTORY Judges, Clerks, Court Designated Workers, Juror & County information DISCIPILINARY RULINGS - KY. SUP. CT.Rulings concerning attorney discipline DISCOVERY - DUTIES OF COMMONWEALTHEldred 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 forms_main_index DISCOVERY RULES W/ ANNOTATIONSKy. Civil rules of Discovery, Depositions DISCRIMINATION, FED. CIVIL RIGHTS ACT OF 1964Age, sexual, racial discrimination resources under Title VII DISCRIMINATION, PAY - supreme court rulingCourt holds that claims toll after 180 days if formal complaint not filed by worker. 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 clientDISSOLUTION & LEGAL SEPARATION - KRS 403.180 thru KRS 403.250 Separation, Disposition of property, Maintenance, Enforcement of Child Support, Modification of support, Child Support Guidelines, Attorney Fees DISSOLUTION - General Provisions -MARRIAGE- CUSTODY - VISITATION - MAINTENANCE - PROPERTY DISTRIBUTION - STATUTES ANNOTATED - 403.140 thru 403.170CHAPTER 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 KRS 403.180 thru KRS 403.250Diversion - Pretrial - statutes and resources Statutes and information regarding Misdemeanor Pre-Trial Diversion, Felony Pre-Trial Diverson, and pilot program regarding release pending trial for misdemeanor and felony offenses. Also rules and authorties for Pre-trial release of sex offenders. DIVERSION, PRE TRIAL Article re: pretrial amendment of misdemeanor and felony charges 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, ONLINE DIVORCE 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 & RULESDOCTRINES AND RULES OF LAW – w/ Annotations Library of Legal Doctrines and Legal Rules of Law with definitions and annotations Doing Business with the State of KentuckyDOMESTIC 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 - ANNOTATEDDOUBLE JEOPARDY Return to Blockburger Standard DOUBLE JEOPARDYCase citations an discussion recent controlling law. DRAM SHOP- liability of persons serving alcohol to intoxicated personThe Ky. Dram Shop Act. Procedure for seeking relief. DRIVER'S LICENSE STATUTES- KRSDriver's Manual, Kentucky DRUG DOGS – CANINE NOSES USED TO ESTABLISH PROBABLE CAUSE Review of : Certification, 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. DESCRIPTION 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 - DRIVING UNDER THE INFLUENCE - MAIN INDEX DUI - DRIVING UNDER THE INFLUENCE RESOURCES LIBRARY EXTENSIVE DUI RESOURCES - BA, PBT, HGN, THEORIES, CASES, STUDIES DUI JURY INSTRUCTIONS – BIFURCATED TRIALDUI LIBRARY OF CASES CITING KRS 189A. Quickly find that DUI case. Use Case Law search to further update. DUI SEMINARs- UPDATES ON IMPORTANT DUI APPELLATE RULINGSSeminar Update for 2006-2005 / also Seminar Update for 2004 DUI STATUTES ANNOTATEDAlso Open Container Law, and related Chap. 186 Licensing and Chapter 189 non-motor vehicle statutes 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-MAIL DIRECTORY NORTHERN KY. LAWYERSEARLY RELEASE FROM PRISON Now Unconstitutional - Shock Probation EDUCATION - CHILD W / DISABILITIES Law 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 ELECTION RESULTS, Polls, Board of ElectionsELECTRONIC FILING OF COMPLAINTS IN FED. COURT How to file your complaint electronically in Fed. Court in Kentucky EMERGENCY PROVISION ALLOWING IMMEDIATE VALIDITY OF LEGISLATION SIGNED BY GOVERNOREMINENT DOMAIN RESOURCES Condemnation, Eminent Domain, Taking of private property for public purpose, statutory and constitutional authority, with case citations discussing eminent domain procedures. EMPLOYMENT & LABOR LAWEMPLOYMENT FORMS ENCYCLOPEDIA OF EVERYDAY LAW West's Encyclopedia of American Law, Presidential Biographies, Great American Court Cases, Political Theories For Students, 40 Legal Forms for Everyone, Famous Supreme Ct. Cases, Checks and Balances, Federal Agency profiles, Presidential profiles, Great American Court Cases, Political Theories, Encyclopedia of Everyday Law, 262 Major Acts of Congress, Decision of the Day, Special Interest Group Profiles, 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 -- RESOURCESEQUITABLE LIENS Court of Equity may issue common law lien known as Equitable Lien EQUITY, LAW OFdefinition, equitable liens, standard for review of equitable ruling ERISA ISSUES -U.S. Code Link & Federal Case discussing issuesERROR 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 RULINGS & RESOURCESETHICS RULES & RULINGS RE: THE PRACTICE OF LAW ETHICS, KY. EXECUTIVE BRANCH ETHICS COMMISSIONExecutive Branch Ethics Commission, Officers, Advisory Rulings, statute, penalties ETHICS, LEGALBen Cowgill's Legal Ethics Blog - many valuable resources for attorneys regarding legal ethics and disclipline EULOGIES - GOVERNOR EDWARD T. BREATHITTEVICTIONS EVIDENCE DIGEST - A to Z INDEX MAIN INDEX FOR EVIDENCE EVIDENCE - QUICK COURTROOM REFERENCEQuickly access the basics of evidence EVIDENCE - WEIGHT OF THE EVIDENCE” DOCTRINE AS USED IN KY.EVIDENCE DIGEST #2 - ADDITIONAL EVIDENCE ISSUES RIGHT 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 EX POST FACTO LAWSDecision and authorities discussing Ex Post Facto sex offender residency law. EXECUTIVE PRIVILEGE FROM CRIMINAL PROSECUTIONNo such thing as absolute immunity from prosecution of public official while in office, No prohibition against prosecution prior to impeachment of public official, No double jeopardy issue in prosecuting and then impeaching, Executive Privilege does not extend to immunity from criminal prosecution...even of the President. EXECUTIVE PRIVILEGE, ABSOLUTESupreme Court says there is no such doctrine as Absolute Executive Privilege....see authorities and discussion. EXPERT WITNESS RESOURCESLocate an expert witness on almost any topic EXPERT WITNESSES -SELECTION, USE, PREPARATION, AND DEFENSE AGAINST23 essential rules - resources EXPUNGEMENT OF CRIMINAL RECORDS & FORMSEXTRADITION AND INTERSTATE DETAINTER PROCEDURES Statutes, discussion, forms, adult & juvenile expungement discussed FAMILY LAW RESOURCESAdoption, divorce, marriage, juvenile, domestic violence, FORMS, Termination of Parental Rights annotated, uniform laws directory, Code Adam Protocols, Definitions for Chap. 199, Boarding and Lodging Homes for children, Adm. provisions of Chap. 199 FAMILY RELATED FORMSFARS - FATALITY ANALYSIS REPORTING SYSTEM Gov. studies and statistics re: motor vehicles Federal Rules of EvidenceFEDERAL COURT & FEDERAL PRACTICE RESOURCES Resources, 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 COURTS - Rules / Procedure - EvidenceRules and resources for Federal Courts FEDERAL False Claims Act Legal CenterFEDERAL JUDICIAL CENTER . COURTS and RESOURCES Publications , Courts, and Resources for Practice in Federal Court FEDERAL PRACTICE COURTS IN LAWREADER'S CASE LAW DATA BASEBd. 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 RULES OF PROCEDURE - RESOURCESRules of Procedure, Evidence - articles about rules, proposed changes FEDERAL TRADE COMMISSIONFEE AGREEMENT LINKS additional fee agreement forms, letters, client interrogatory FEE AGREEMENTSFEES 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, divesion fees authority, child support collected while on work release.... FEN PHEN ARTICLESLAWREADER'S ARTICLES AND COMMENTS ON THE LAW BEHIND THE BOONE CIRCUIT COURT FEN PHEN ACTION FIDUCIARY DUTIES - standards and authorities, annotationsFIFTH AMENDMENT – RIGHT AGAINST SELF INCRIMINATION FIREMAN'S RULE Immunity of property owner from liability for injury to firefighter injured on his premises. FIRST AMENDMENT -Speech, Religion, Press, Assembly, Petition to GovernmentFMLA - Family Maternity Leave Act FOCUS GROUPS FOREIGN TRADE RESOURCES 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 FORMS FOR PRACTICE AND PLEADINGS- cross-indexFast index for pleading and practice of law forms FORMS INDEX - KY. STATE GOVERNMENT100's of useful forms, auto to vital records FORUM NON CONVENIENSFRAUD, ELEMENTS OF FRAUDULENT AND PREFERENTIAL CONVEYANCES - ANNOTATED - KRS CHAPTER 378 GAMBLING Section 226 of Ky. constitution bans lotteries, not gambling in general, Attorney General's opinion on gambling being permitted OAG 05-003 GARNISHMENTS GENERAL CLIENT CHECKLIST GENERAL LAW PRACTICE FORMS GIFTS - AUTHORITIES DEFINING LAW OF GIFTS GIFTS - WHEN THEY MAY BE KEPT - RETURNED 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. GREAT AMERICAN SPEECHES Valuable resource for speeches, articles, closing arguments GUARDIAN AD LITEM - DUTIES - LAWS- FEESComplete resources re: Guardian Ad Litem, duties, fees, authority Guardian Ad Litem appointment for Prisoner in Civil CaseGUARDIAN 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 AND CONSERVATORSHIP FOR DISABLED PERSONS - AnnotatedGUARDIANSHIP- Recommendations of Commission on Guardian Ad Litem Report 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 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 against, file motions, appeal civil claims, and 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 HIGH-LOW SETTLEMENT AGREEMENT W/SAMPLE FORM Highway Safety Laws HIGHWAY- KY- MAPS, TRAFFIC COUNTS, DRIVER'S LICENSING KY. DEPT. OF TRANSPORTATION HIPPA - 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 BUYING, Q & A HOME RULE OF CITIES Statutes and authorities discussing Home Rule of Cities HONEST SERVICES - prosecution theoryHorizontal Property Law – (Condominiums) Statutes and resources, condo, landominiums, horizontal property regimes Horner Column ArchiveHow the NASCAR points system works HOW THE GOVERNOR CAN DEAL WITH DAVID WILLIAMS - WE PROPOSE A SUMMIT AT SUMMIT HILLS 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 Study a Judges Record re: Rulings on the LawHOW TO SUE, APPEAL & COLLECT Complete 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 HUMOR - WHY COMPUTERS SOMETIMES DON'T WORKIAD-INTERSTATE AGREEMENT ON DETAINERS Statues relating to IAD - interstate agreement on detainers 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 - GREEN CARDS, CITIZENSHIP, VISAS, INS Articles, practice resources IMMINENT DOMAIN - TAKING OF PRIVATE PROPERTY BY GOVERNMENTIMMUNITY 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 INCOMPATIBLE OFFICES – WHEN OFFICE VACATEDINDEMNIFICATION DEFENSE common law defense of indemnification still exists under comparative neg. era INDEPENDENT CONTRACTORWhat is an independent contractor? INDEX FOR FEDERAL CIVIL RULESINDIAN CITIZENSHIP ACT OF 1924 Act 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 DEFINEDINJUNCTIONS, RESTRAINING ORDERS, RULES AND ANNOTATIONS Restraining orders, injunctive relief, bonds, irreparable injury, modification, service, receivers Innocence Project, TheCriminal Justice System Reform Group offers model legislation for reform. INSTRUCTIONS - RESOURCES FOR JURY INSTRUCTIONSresources and extensive case citation links INSTRUCTIONS - MANUAL OF MODERN CIVIL INSTRUCTIONSINSTRUCTIONS - MANUAL OF MODERN CRIMINAL INSTRUCTIONS NATIONAL CRIMINAL INSTRUCTIONS RESOURCES INSURANCE CODE KRS Chapter 304 - for KentuckyKentucky Statutes re; Insurance Law - Additional links - Insurance term dictionary, Duty of owner not operator to insure motor vehicle, INSURANCE, Attorney's Legal Malpractice Insurance Carrier DirectoryNeed Legal Malpractice Insurance, check here for Professional Liability Insurance Companies that offer coverage in Ky. INSURANCE, Bad Faith Settlement ActINSURANCE, DOUBLE RECOVERY -HEALTH-PIP CAN THERE BE DOUBLE RECOVERY FOR NO-FAULT OR PIP INSURANCE AND PLAINTIFF’S HEALTH INSURANCE POLICIES? INTELLECTUAL PROPERTY RESOURCESPatent and Copyright resources with U.S. Code links. 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. International Phone calls, How to MakeINTERNET COURTROOM Test out your litigation skills and have an "impartial" jury evaluate your case on the internet. INTERNET LAW - INTERNET LEGAL RESEARCH AND RESOURCESINTERNET LAW LIBRARY Updated cases affecting those who do business on the Internet. INVOLUNTARY HOSPITALIZATIONIOLTA RESOURCES National linkst to IOLTA programs JAIL TIME CREDITCalculation of jail time credit, consecutive and concurrent sentencing, escape, discretion of court, etc. JAILERS - CORRECTIONS RESOURCESJEWISH LAW RESOURCES JOINT DEFENSE AGREEMENTS JOINT VENTURER'S LIABILITY TO CO-VENTURER JUDGE HORNER'S ROUNDUP FOR WEEK OF APRIL 19, 2008 JUDGMENT - FINALITY OF When 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 CANDIDATES FILINGS - MAY PRIMARY 2004JUDICIAL CONDUCT COMMISSION Procedures, Jurisdiction and contact information for filing a complaint Judicial Conduct Commission - contact informationJUDICIAL CONDUCT COMMISSION - RULES, STATUTES, PROCEDURES Complete 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 OPINIONS Judicial Ethics Opinions - Judicial Ethics Committee Judicial Nominating Process to fill Judicial Vacancies JUDICIAL NOTICE Judicial notice of adjudicative facts - rule and annotations JUDICIAL SALES, TIPS, PAYMENT PROCEDURESJURISDICTION OF COURTS Constructive service, Ky. Long Arm Statute, Minimum Contacts in Ky., IN Rem, In Persomum, Quasi In Rem judgments, telephone solicitations, subject matter jurisdictin of courts, dollar amount jurisdiction of Ky. Courts, U.S. Supreme Court jurisdiciton. JUROR INFORMATIONJuror indoctrination info. contact court officials, county information JUROR MISCONDUCT AUTHORITIESReview 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. Also Generic jury instructions on almost every possible topic. 1,646 individua |