Articles written by Jessie Vanwinkle
Showing 1-50 of 70 Articles
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Concurrent Ownership in U.S. Real Estate Law
Four main types of concurrent ownership are recognized in American real estate law.
Sep 30, 2011
- Jessie Vanwinkle
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How to Use the IRAC Method for Legal Writing
The IRAC method is a tried and true way for legal writers to structure any brief or memorandum in a logical fashion.
Sep 30, 2011
- Jessie Vanwinkle
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Know Your Rights Under the U.S. Family and Medical Leave Act
Congress created the Family and Medical Leave Act so workers would not have to choose between keeping a job and taking care of important family situations.
Aug 16, 2011
- Jessie Vanwinkle
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Florida Divorce Law: Factors for Determining Alimony
After a Florida divorce court has determined a need for alimony, the court uses certain statutory factors to decide on a type and amount.
Aug 16, 2011
- Jessie Vanwinkle
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Florida Divorce Law: Adultery and Its Impact on Alimony
If one spouse cheats on the other during the marriage, will this have an impact on an alimony award? Florida law says it might.
Aug 3, 2011
- Jessie Vanwinkle
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The Purpose and Availability of Punitive Damages in U.S. Tort Law
In American tort law, punitive damages serve a specific societal function and are available in a limited class of cases.
Jul 25, 2011
- Jessie Vanwinkle
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Estate Planning and the Advantages of Having a Will
There are several distinct advantages to leaving behind a will when you die. The appropriate distribution of your property is only one of them.
May 19, 2011
- Jessie Vanwinkle
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Florida's Survival Statute
Survival in legal terminology refers to the continuation of a lawsuit after the death of either the plaintiff or the defendant.
Apr 19, 2011
- Jessie Vanwinkle
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Suing Someone for Intentional Infliction of Emotional Distress
Intentionally causing severe emotional distress to another person is unlawful and may form the basis for a tort lawsuit.
Apr 19, 2011
- Jessie Vanwinkle
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The Torts of Malicious Prosecution and Abuse of Process
Intentionally abusing the legal system to injure someone is unlawful. Malicious prosecution and abuse of process are actionable torts.
Feb 28, 2011
- Jessie Vanwinkle
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Will Prince William's Marriage to Kate Middleton Last?
Do Prince William and Kate Middleton have what it takes to make their royal marriage work? What are their odds of avoiding divorce?
Feb 26, 2011
- Jessie Vanwinkle
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Commonly Confused and Misused Words in Legal Writing
Legal writers often confuse or misuse certain words. Learn to avoid these embarrassing mistakes in your legal writing.
Feb 25, 2011
- Jessie Vanwinkle
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Personal Injury Law: The Tort of False Imprisonment
A person commits the tort of false imprisonment by intentionally violating someone else's right to move about freely.
Feb 24, 2011
- Jessie Vanwinkle
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The Tort of Battery in Personal Injury Law
Battery is a crime under U.S. law, but it is also a personal injury tort for which compensation may be available.
Feb 23, 2011
- Jessie Vanwinkle
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Personal Injury Law: Suing Someone for Assault
The same act that gives rise to criminal charges for assault may also allow the victim to bring a personal injury lawsuit for the tort of assault.
Feb 23, 2011
- Jessie Vanwinkle
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Florida Divorce: What to Do if You Get Served Divorce Papers
Getting served with divorce papers can be shocking and stressful. Here are some tips for coping.
Feb 22, 2011
- Jessie Vanwinkle
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Requirements for a Valid Last Will and Testament in New York
Under New York law, a last will and testament must follow certain very specific formalities to be valid.
Feb 21, 2011
- Jessie Vanwinkle
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Requirements for a Valid Last Will and Testament in California
California probate courts may admit a last will and testament only if it is executed with the formalities prescribed by law.
Feb 17, 2011
- Jessie Vanwinkle
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Sightseeing in Downtown Tampa: Fun Ways to Enjoy Cigar City
Consider these interesting ways to explore this fun-loving, history-rich city on Florida's west central coast.
Feb 17, 2011
- Jessie Vanwinkle
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Three Theories of Employment Discrimination in American Law
The three theories of employment discrimination in modern American law are overt discrimination, disparate treatment, and disparate impact.
Feb 16, 2011
- Jessie Vanwinkle
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Permanent Alimony Under Florida Law
Permanent alimony is becoming the exception rather than the rule in Florida divorce cases. When is permanent alimony justified?
Feb 12, 2011
- Jessie Vanwinkle
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Florida Divorce Law: What is Durational Alimony?
Effective July 2010, the Florida Legislature changed Florida's alimony law to include short-term alimony for shorter term marriages.
Feb 12, 2011
- Jessie Vanwinkle
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Rehabilitative Alimony in Florida Divorce Law
Florida divorce law permits the divorce court to award rehabilitative alimony to help one spouse establish the capacity for self-support.
Feb 11, 2011
- Jessie Vanwinkle
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Bridge-the-gap Alimony in Florida Divorce Law
Florida divorce law allows the court to award bridge-the-gap alimony to help one spouse adjust financially to life after divorce.
Feb 10, 2011
- Jessie Vanwinkle
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Florida Divorce Law: Who Gets Alimony?
Under Florida divorce law, alimony may be available for either the husband or the wife following a divorce.
Feb 10, 2011
- Jessie Vanwinkle
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Grandparent Visitation Rights in Florida
Under Florida law, grandparents have the right to ask the court to grant visitation time with their grandchildren under certain circumstances.
Feb 9, 2011
- Suzanne Bechard
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Intellectual Property Law
The law of intellectual property encompasses four basic property rights: trademarks, copyrights, patents, and trade secrets.
Feb 17, 2010
- Jessie Vanwinkle
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Attorney Malpractice
Attorneys sometimes make mistakes that cause the client to lose a case. When that happens, the client may consider suing the attorney for legal malpractice.
Feb 16, 2010
- Jessie Vanwinkle
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Forming an S Corporation
An S corporation has distinct tax advantages over the C corporation, but it also comes with stricter requirements.
Feb 10, 2010
- Jessie Vanwinkle
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Involuntary Bankruptcy
Although most bankruptcy cases are filed voluntarily, the U.S. Bankruptcy Code does allow debtors to be forced into bankruptcy under certain circumstances.
Feb 10, 2010
- Jessie Vanwinkle
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The Business Partnership Agreement
Entrepreneurs planning to form a business partnership should consider having a written partnership agreement, also known as the articles of partnership.
Feb 9, 2010
- Jessie Vanwinkle
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What is Bankruptcy Credit Counseling?
The U.S. Bankruptcy Code now requires that all individuals who file under any chapter of the Code must receive credit counseling before filing for bankruptcy.
Feb 8, 2010
- Jessie Vanwinkle
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Remedies for Breach of Contract
When someone breaches a contract, the innocent party is usually entitled to some type of compensation. The type of compensation will depend upon the circumstances.
Feb 4, 2010
- Jessie Vanwinkle
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Disadvantages of the Business Partnership
There are some distinct disadvantages to the business partnership model that may be avoided with careful planning and the advice and counsel of a business attorney.
Feb 3, 2010
- Jessie Vanwinkle
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Contested Divorce in Florida
Under Florida divorce law, if one party disagrees that the marriage is over, this may only delay the inevitable. It takes only one party to prove the marriage is broken.
Oct 29, 2009
- Jessie Vanwinkle
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How to Get a Quick Divorce in Florida
A simplified dissolution of marriage is the easiest and fastest way to get divorced in Florida, but the parties must meet all the requirements under Florida divorce law.
Oct 28, 2009
- Jessie Vanwinkle
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Filing for Divorce in Florida
Getting divorced can be a difficult and stressful process, but it helps if one knows something about the rules and procedures involved.
Oct 28, 2009
- Jessie Vanwinkle
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How to Find a Single-Purpose Reverse Mortgage
The single-purpose reverse mortgage is designed to help low to middle income seniors with sufficient home equity pay property taxes or make necessary home repairs.
Oct 26, 2009
- Jessie Vanwinkle
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The Pitfalls of Reverse Mortgages
Anyone considering a reverse mortgage as a retirement strategy should carefully consider the potential pitfalls.
Oct 22, 2009
- Jessie Vanwinkle
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How to Hire an Attorney
Finding the right attorney for one's legal problem can make the difference between a successful outcome and a disappointing one. Here are tips for finding a lawyer.
Oct 21, 2009
- Jessie Vanwinkle
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Florida's Wrongful Death Act
In Florida, if someone's tort or other wrongful act causes another person's death, the wrongdoer must compensate the victim's dependents.
Oct 19, 2009
- Jessie Vanwinkle
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The Protecting Tenants at Foreclosure Act
With foreclosures so common all over the United States, many renters fear being left out in the cold if their homes are sold in foreclosure.
Oct 13, 2009
- Jessie Vanwinkle
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The Deed in Lieu of Foreclosure
Borrowers who have defaulted on their mortgage payments may be able to prevent foreclosure by giving the mortgage lender the deed to the mortgaged property.
Oct 12, 2009
- Jessie Vanwinkle
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Avoiding Foreclosure with a Short Sale
Many borrowers seeking to stop foreclosure consider trying to unload the property in a short sale. This option for avoiding foreclosure may not be for everyone.
Oct 10, 2009
- Jessie Vanwinkle
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The Home Foreclosure Process
Two types of home foreclosure methods are used in the United States, the judicial foreclosure and the power of sale foreclosure.
Oct 9, 2009
- Jessie Vanwinkle
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Trade Libel in California
Intentionally and falsely disparaging the quality of someone's business can cause great financial harm. Trade libel is a recognized tort in California.
Sep 18, 2009
- Jessie Vanwinkle
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How do Payday Loans Work?
In tight financial times, many people turn to quick cash loans, intending to pay the lender back with their next paycheck.
Aug 25, 2009
- Jessie Vanwinkle
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Are Student Loans Dischargeable in Bankruptcy?
Student loan debt can be a burden during financial difficulties, but filing for bankruptcy may not provide any relief.
Aug 25, 2009
- Jessie Vanwinkle
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Filing for Chapter 7 Bankruptcy
New bankruptcy laws in the U.S. have greatly impacted an individual's ability to file for debt relief under Chapter 7 bankruptcy.
Aug 21, 2009
- Jessie Vanwinkle
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Basics of Filing for Bankruptcy
The three most common types of bankruptcy in the U.S. are Chapter 7, Chapter 11 and Chapter 13. New bankruptcy laws have impacted personal bankruptcy filings.
Aug 21, 2009
- Jessie Vanwinkle
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