Showing posts with label Legal. Show all posts
Showing posts with label Legal. Show all posts

5/19/11

New Mexico Legal Definition of Part-Time Work

New Mexico does not legally define part-time work. Employers operating in New Mexico must operate under the Fair Labor Standards Act (FLSA), however the FLSA does not define part-time work either.
  • Wages

    • The New Mexico wage and hour laws only require that employers pay employees timely and at least the minimum wage. Employers must compensate employees one-and-one-half times the hourly rate for all hours worked above 40 in a seven-day pay period. However, there is no difference between part-time and full-time employment status.

    Laws

    • Employers operating in New Mexico must abide by the Fair Labor Standards Act enforced by the U.S. Department of Labor. Similar to New Mexico state law, the Fair Labor Standards Act does not differentiate between full-time and part-time employment status.

    Policies

    • New Mexico employers may decide to provide certain benefits to employees considered to be full-time or part-time. It is at the employers' discretion to set the number of hours designating an employee as full-time. However, if the employer decides to provide certain benefits to full-time employees and not to part-time employees, the employer is then contractually bound to provide such benefits to the employees that work the specified number of hours.

  • How to Sign an Exclusive Agreement

    An exclusive agreement means you are agreeing to work exclusively with an individual or company. Some of the most common situations for signing an exclusive agreement are when working with a real estate agent or a talent agent, or making an agreement between two companies. When signing an exclusive agreement, you must take several precautions to ensure the agreement protects both you and the other party.
    • 1

      Contact an attorney to review the exclusive agreement. If the agreement is in a specific industry, such as entertainment, real estate or corporate law, contact an industry-specific attorney to ensure the information found in the agreement is beneficial to both parties.

    • 2

      Review the exclusive agreement with the attorney. If the attorney finds any discrepancies or potentially harmful wording, discuss the findings with the other party and create a new agreement.

    • 3

      Schedule an official signing date for which both parties are available. Together, review the final exclusive agreement, and if the agreement is satisfactory to both parties, sign the agreement in ink. Print your name and sign beneath it in the designated spots. If the agreement needs a witness, have a person not associated with the agreement present during the signing.

  • What Will Immigration Do After a Tip Is Made to ICE?

    Immigration and Customs Enforcement, a division of the Department of Homeland Security, maintains a hot line for people to report suspicious activity. Call 866-DHS-2ICE or 866-347-2423 to make a report.
  • Call Information

    • When you call the ICE hot line, an agent will inform you that ICE has no obligation to act on all reports and that to make a false report is a crime. They also request that if it's an emergency, you call 911.

    Categories of Report

    • The categories of reports on the hot line are: the most wanted list, human trafficking, drug trafficking, child exploitation, terrorist activity, banking fraud or money laundering and "all other." When making the report, choose one of these categories before talking to an officer.

    Action

    • ICE may or may not act on your report. Although the bureau's criteria and methods are not public information, expect agents to act according to the seriousness of the complaint and the availability of agents to investigate your tip.

  • Speeding Ticket Regulations in Ohio Law

    You have two choices when receiving a speeding ticket in Ohio: Pay the fine amount, which varies by jurisdiction, or choose to dispute the fine in court. The state also has a point system for speeding and other violations. Information on how to pay the fine or where to appear in court is included with the ticket.
  • Speeding Point System

    • If convicted of traveling 30 mph or more above the posted speed limit, you receive four points. In areas where the posted speed limit is 55 mph or above, drivers guilty of exceeding by more than 10 mph but less than 30 mph receive two points. In locations where the posted speed is below 55 mph, driving more than 5 mph but less than 30 mph over the limit results in two points.

    Operating While Impaired

    • Speeding while intoxicated incurs an additional six points on your driving record. Once stopped for a speed limit violation, the police officer can request a sobriety test to determine if you are operating while impaired.

    Excessive Points

    • When you accumulate 12 or more points within a two-year period, license suspension occurs for six months. After serving the suspension, you must take a driver improvement course, successfully pass a driver exam and pay a fee of $40.

  • The Idaho Laws Against Child Discipline

  • Idaho Law

    • The OLR Research Report states that Idaho considers child abuse to be any action that can cause great bodily harm and even death. If a child suffers from unjustifiable pain or mental abuse, or is put in any type of situation that could be dangerous, the adult in charge could be charged with child abuse.

      Kidjacked.com also states it is illegal in the state of Idaho to cause physical cruelty in excess of what is reasonably needed for proper discipline.

    Physical Discipline

    • Idaho has laws restricting corporal punishment in group homes and foster homes; however, it has no laws regarding physical punishment in family child care, child care centers and in schools, according to stophitting.com.

    Sentencing

    • Right now, the sentence for anyone committing child abuse is one to 10 years. The Idaho Reporter states state senator Joyce Broadsword was trying as of January 2010 to get that sentence doubled to a maximum of 20 years.

  • How to Apply for Disability at Age 58

    When you become ill or injured to the point of being disabled, the Social Security Administration encourages you to file for disability benefits as soon as possible. If you're not yet 65 years old, the application process is not complex, though it is a lengthy one. Several factors and criteria need to be met in order to receive disability benefits. These steps will walk you through the general process a 58-year-old individual would take to apply for disability benefits.
    • 1

      Determine your basic eligibility. Two tests are used to determine whether or not your application will make it through the first level of consideration. The first is the "Recent Work" test. This questions whether you have worked during five of the past 10 years, based on the quarter in which you became disabled. The second test, the "Duration of Work Test," indicates that at age 58, you must have worked at least nine years of your lifetime.

    • 2

      Apply for disability benefits. You can fill out an application online. If you are not comfortable with this, you can call a toll-free telephone number to set up an appointment at your local Social Security office. While the initial application form seems lengthy, you will be asked many more questions before the process is completed.

    • 3

      Gather important information for the rest of the application process. By getting all of this information together prior to any interviews you may save some time in the long term. This information includes: birth/baptismal certificate, social security number, military service records/discharge information, medicines and dosages, contact information for health professionals who have been involved in your case, any medical records or test results you have possession of, a W-2 or most recent tax return and a summary of past work experience. If some of this information is not available, don't worry about it. The Social Security office will help you acquire information when you have difficulty.

    • 4

      Complete the disclosure form. The Social Security Administration will need to check with your doctors and health care providers about the medical condition that has caused your disability. By filling out the "Authorization to Disclose Information to the Social Security Administration (SSA) Form," you give your doctors the opportunity to speak on your behalf and explain your health condition to Social Security representatives.

  • 5/18/11

    Labor Laws in the Commonwealth of MA

  • Sundays

    • The Massachusetts Blue Laws regulate work on Sundays and holidays. The Blue Laws restrict business openings or require some businesses to get local permits to operate on Sundays and holidays. Unless a retail business falls under one of the exemptions listed in the laws, the Blue Laws require stores with more than seven employees to pay overtime for work performed on Sundays and say that these retailers can't require an employee to work on a Sunday or penalize a worker who refuses.

    Holidays

    • The Blue Laws distinguish between unrestricted holidays, partially restricted holidays and restricted holidays. On unrestricted holidays, stores can open and don't need to pay overtime to workers. The four unrestricted holidays for retailers include Martin Luther King Day and Presidents Day. On partially restricted holidays, stores don't need a special permit but do need to pay overtime and can't force employees to work. On restricted holidays, stores need a permit from local police to open. The list of restricted and unrestricted holidays is different for retail and nonretail businesses. In both cases, Christmas and Thanksgiving Day are restricted holidays. Columbus Day is a restricted holiday until noon and Veterans Day is a restricted holiday until 1 p.m.

    Child Labor

    • In 2007, Massachusetts created a single application process for teens aged 14 to 17 to get work permits, which are required before they can begin a job. State law restricts the type of work that minors can do and the hours they can work. Massachusetts specifies that an adult must directly supervise minors working after 8 p.m. unless the minor works at a kiosk in an enclosed mall's common area and the mall has security.

    Minimum Wage

    • As of 2010, the minimum wage in Massachusetts is $8 per hour for most hourly employees and $2.63 per hour for service employees who receive more than $20 a month in tips and meet other requirements. That's higher than federal minimums of $7.25 per hour, $2.13 for tipped employees. All of the New England states, except New Hampshire, have higher minimum wages than the federal minimum.

  • Circumstantial Evidence & Washington Law

    In a court of law, circumstantial evidence is any evidence that does not come from a primary source. It is not direct evidence from a witness who saw or heard something. In Washington, circumstantiary rules are covered by the Washington State Court Rules of Evidence
  • Rule 602

    • Rule 602 prohibits the testimony of a lay witness unless it is proven the witness had a personal knowledge of the matter.

    Rule 1004

    • Rule 1004 covers the admissibility of evidence pertaining to the contents of a document. Such evidence is admissible if the original document has been destroyed, is unobtainable, was listed by a party as part of its proof but never presented in court or of a matter not directly relevant to the primary issues of the case.

    State v. Bauman

    • In State v. Bauman, 77 Wn.2d 938, 468 P.2d 684 (1970), a Washington state appellate court decision determined that circumstantial evidence alone was sufficient for a jury to convict. The court determined that the determining factor was whether or not the circumstantial evidence was excessively prejudicial.

  • Rights Regarding Collection Agencies

  • Communicating With the Debtor

    • A debt collector may not attempt to contact the debtor before 8 a.m. or after 9 p.m. local time for the debtor or try to contact the debtor at a place that the debt collector knows is not convenient for the debtor including the debtor's workplace. If the debtor has hired an attorney to handle the debt collection the debt collector cannot contact the debtor directly.

    Harassment or Abuse

    • A debt collector may not threaten a debtor with violence or any other criminal act, use abusive language or call a debtor on the phone repeatedly to harass the debtor. He may not publicize the debt or threaten to sell the debt to intimidate the debtor. A debt collector is not permitted to call the debtor without disclosing his identity.

    False or Misleading Representations

    • A debt collector may not impersonate a law enforcement officer or federal agent or accuse the debtor of committing a crime and say that nonpayment of the debt could result in imprisonment or seizure of the debtor's personal property. He may not pretend that he is an attorney or is working for an attorney or falsely tell the debtor that if she sells or transfers any interest in the debt, she will lose the protection of this law. A debt collector cannot threaten to report false credit information to a third party.

    How to Stop the Calls

    • If a debt collector receives notification in writing from the debtor to say that she does not intend to pay the debt and she wants the collection calls to stop, he can call one more time to tell her he will not be calling again and that other debt collection efforts will be initiated, which may include legal action.

    Communicating With Third Parties

    • A debt collector can communicate with the debtor's attorney and report the debtor's information to credit reporting agencies. He may contact a third party only to get the contact information of the debtor. He must identify himself and he cannot disclose that the debtor owes money or that he is in the debt collection business.

    Unlawful Fees and Charges

    • A debt collector may not charge unlawful fees or interest amounts. He cannot obtain or threaten to deposit a postdated check prior to the date on the check. If the debtor has several debts, the debt collector may not substitute the intended payment by using a check for a specific debt to pay for another debt.

  • Details of the Arizona Lemon Law

    • Paul Piebinga/Photodisc/Getty Images

      The Arizona Lemon Law covers new and used cars with persistent mechanical problems, in terms of specific provisions. If you are experiencing problems with a recently purchased car, you should read the law, Arizona Revised Statutes, section 44-1261, then file a complaint with the Better Business Bureau Auto Line Program or consult with an attorney to determine if the car is a lemon.

    What the Law Covers

    • According to the Better Business Bureau (BBB), the standards of the Arizona Lemon Law cover:

      - Any "self-propelled vehicles designated primarily for the transportation of persons or property over public highways"

      - Any person who buys a motor vehicle for purposes other than resale

      - Any person "to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle"

      - Any person "entitled by the terms of the warranty to enforce its obligations"

    What It Does Not Cover

    • According to the BBB, the Arizona Lemon Law does not cover:

      - The parts of a motor home used, designed or maintained as a mobile dwelling or office

      - Vehicles with a gross weight of more than 10,000 pounds

      - A lessee, unless the lessor and lessee have stated in writing that the lessee can "sell the vehicle back to the manufacturer to exercise other remedies"

    New Cars

    • If a problem significantly impairs the use and value of the vehicle and "does not conform to the express warranty of the manufacturer," the buyer should report it to the manufacturer. The manufacturer can either repair the defect, accept return of the car or replace it with a new one, according to the Arizona Attorney General's website.

    Used Cars

    • A used car is covered by the law if a major component breaks before 15 days or 500 miles after the car is purchased. The first two repairs will cost $25, and the "recovery for the consumer is the purchase amount paid for the car," again according to the Arizona Attorney General.

    Repair Attempts

    • If during the covered period the manufacturer does not successfully repair the defect after four attempts, or if the car is out of service because of repair for 30 or more days, the manufacturer must accept the return of the car or must replace the car with a new one.

  • California Law Regarding Placement of a GPS

    As global positioning system units become more ubiquitous, many states have introduced laws governing their usage while driving. California even has laws that dictate where a GPS may or may not be placed in the car.
  • Windshield Affixment

    • Before January 1, 2009, it was illegal to have a GPS unit affixed to a car windshield at all in California. However, the law was changed to allow GPS units to be mounted to a windshield -- as long as it is within a 7-inch square in the lower corner of the passenger side or a 5-inch square in the lower corner of the driver's side.

    Recommended Non-Windshield Placement

    • In the absence of a passenger to hold the GPS unit and do the navigating, it is recommended that a driver affix the unit to the dashboard. This can be done using a variety of methods, including poster putty or a "bean bag" type holder.

    Penalty

    • Violation of the windshield placement laws may result in a traffic ticket. The ticket may be eliminated by removing the GPS unit from the offending position and paying a fine of $10 to remove it from your record.

  • Citizenship & Immigration: Work Permits

    All immigrants to the United States need authorization to work in this country. For some, such as permanent residents and those granted asylum or refugee status, this comes automatically, but other immigrants will need to apply for authorization.
  • Types

    • There are three basic types of work authorization for immigrants: temporary, permanent and student and exchange visitors.

    Temporary

    • Temporary workers enter the United States for a specific purpose and for a limited time. There are many categories of temporary workers. Some of them include fashion models, agricultural workers, representatives of foreign media, registered nurses, internationally recognized athletes, or entertainment groups and managers or executives transferred to the U.S. by their company.

    Permanent

    • About 140,000 permanent visas are given each year to immigrants based on their job skills, according to Citizenship and Immigration Services. There are five categories of permanent visas, including those with extraordinary abilities, outstanding professors or researchers, multinational executives or managers, those who hold an advanced degree in a profession, are skilled workers or professionals or immigrants seeking to start a new business or invest in a troubled one.

    Students

    • The U.S. admits thousands of foreign exchange students every year, according to Citizenship and Immigration Services. These include both academic and vocational students.

  • How to Change a Business Name in New Mexico

    New Mexico law regulates the creation and acts of business associations chartered in New Mexico. All business associations engaged in commerce within the state of New Mexico are required to register with the Corporations Bureau of the Public Regulation Commission. Corporate registrations in New Mexico are public records, and companies that wish to change their name must file with the Corporations Bureau to amend the public record.
    • 1

      Understand the difference between changing the corporate name and the fictitious name of a business. The corporate name of a business refers to the legal name of a corporation, whereas a fictitious name (also known as "doing business as") refers to a publicly known name of a business that is different from the corporate name. While many businesses do not have a fictitious name, they are common in the context of franchises. A business owner who operates several McDonald's restaurants may incorporate as "Jim's Restaurants, Inc." and operate under the fictitious name of McDonald's. Under New Mexico law, a business does not have to register fictitious names with the Corporations Bureau. Therefore, a business only has to amend its filing with the Corporations Bureau if it changes its corporate name, not its fictitious name.

    • 2

      Choose a new corporate name that is not already registered. While the Corporations Bureau does not allow business owners to amend their filing online, the Corporations Bureau maintains an online database of all corporate names registered in New Mexico. The Corporations Bureau will only accept a name change filing if the desired new name is available and not taken by another business entity. Search the Corporations Bureau database to determine whether your desired new corporate name is available.

    • 3

      Download and fill out the appropriate amendment form for your business association. The Corporations Bureau supplies different amendment forms, depending on whether the business association is domestic or foreign, and whether the business association is organized as a for-profit, nonprofit or a limited liability company. The amendment form requires disclosure of the old and new corporation name, its NMPRC number and any changes in the underlying stock structure of the business association. An authorized officer of the business association must sign the amendment form.

    • 4

      Pay the appropriate filing fee and submit it to the Corporations Bureau. As of 2010, the fee for changing a business name in New Mexico is $20 for a nonprofit corporation, $50 for a limited liability corporation or a foreign for-profit corporation and $100 for a domestic for-profit corporation. The Corporation Bureau only accepts filing by mail and payment by cash or check.

  • Kansas' Law on Asbestos

    The Kansas Department of Health and Environment governs the law on asbestos. This includes who may remove asbestos, what locations qualify for such a project and what is to be done with the removed asbestos.
  • Certification

    • Anyone in Kansas removing asbestos must be certified. Basic training and yearly review courses are available from institutions the state has approved to grant class one and class two asbestos worker certifications.

    Project Approval

    • Lawful removal projects are those with 25 linear feet or an excess of 10 square feet of asbestos material. These projects must be presented in advance to the state with an accompanying document describing how the material will be removed and disposed of.

    Working Conditions

    • Once a project begins, workers must hang informational signs around the premises and isolate the project area as much as possible. Workers must establish interconnected decontamination areas with shower and equipment rooms. Project sites must utilize HEPA filter fans with a regular exhaust flow and a device to keep materials wet during work.

    Clean up

    • Workers should clear all debris, wet clean the area, seal the work sites, and leave doorway and vent seals for 24 hours. Removed items must be double bagged in waterproof casing and clearly labeled.

  • How to Compare U.S. Minimum Wage With the World

    Minimum wage is defined as the lowest hourly/daily/monthly rate legally allowed for employers to pay employees. Minimum wage varies from nation to nation, as well as from state to state, or province to province, within those nations.
  • U.S. Minimum Wage

    • As of October 2010, the federal minimum wage in the U.S. is $7.25/hour. Working a standard 40-hour week, that translates to $58/day, $290/week and $1,160/month.

    European Minimum Wages

    • American minimum wage rates are fairly comparable to their counterparts in western Europe. However, Americans trail behind the United Kingdom (US$8.93/hour), France (US$11/hour) and Switzerland, whose monthly minimum wage of SF2,800 equates to US$18.07/hour. Americans earn more than Eastern Europeans, as evidenced by Russia's equivalent rate of (US) 88 cents per hour. Those nations with higher minimum wage rates also have higher costs of living.

    African/South American Minimum Wages

    • A combination of inflated currency and low cost of living shows that South Americans and Africans earn far less minimum wage than Americans: Argentinians earn 1,070 pesos per month, or only $270 USD. Chile gives out 139,500 pesos per month, or $286/month USD. South Africa is 1,040 rands per month, or $150 USD.

    Asian Minimum Wages

    • American minimum wage rates are at least twice as much as Asian countries, especially those in the Middle East and Southeast Asia. Indians earn 80 rupees per day or $0.23/hour USD; Chinese earn 800 Yuan Renminbi per month, or $0.75/hour USD. Japan is the only Asian country with a roughly equivalent rate: 618 yen per hour, or $7.59/hour USD.

    North American Minimum Wage

    • Canadians minimum wage of $9.5/hour CD translates to $9.21/hour USD, which is the only rate close to the U.S.'s. Mexico, the other major country in North America, pays 55 pesos per day, or $0.55/hour USD.

  • How Do I Report a Person with a Warrant?

    A warrant can be issued for someone's arrest if she fails to appear for a court hearing or pay a court-mandated fine. Warrants also can be issued for reported crimes when the perpetrator is identified but not located. You can turn in someone you know who has an outstanding warrant.
  • Identification

    • Be certain that the person you are turning in for a warrant is indeed the correct individual for whom the warrant has been issued. When possible, obtain the person's full name and date of birth. This will help to prevent any incidents of mistaken identify.

    Confirming a Warrant

    • Warrants are public records. In fact, law enforcement relies on the public to help identify and locate people with warrants. You can contact your local police department to ask for a warrant list. Some departments are now posting this information online. You may have to go to the police department or courthouse in person to obtain the information you need.

    Notification

    • When you have decided to turn in a person with a warrant contact your local police department. You do not need to call 9-1-1 unless you or someone else is in imminent danger. This is not the case with most warrants. Either call the police on a non-emergency number, which is typically listed in the phone book, or go in person to the police department. The police will want to know where the person with the warrant is residing and whether you know of any guns or other weapons in the home.

  • How to: Name Change in the State of Colorado

    Just like anything that involves the judicial process, changing your name takes some time and adherence to an established set of rules. In Colorado, there are several criteria you must first meet to change your name. After those criteria are met, you must be willing to file several forms and undergo a background check.
  • Changing Your Name as a Result of a Legal Status Change

    • 1

      Fill out the "Name Change Request Form." This form is also used for address changes and requests for duplicate licenses.

    • 2

      Provide all legal documents that support your request to change your name. These documents could include a divorce decree, court order or marriage license.

    • 3

      Check the form to make sure you've filled it out completely and accurately.

    • 4

      Submit the "Name Change Request Form" and all related documents to the address or fax number listed at the top of the form.

    Changing Your Name Without a Status Change

    • 1

      Determine if you meet the qualifications for this process. You must be at least 18 years of age, reside in the county where you'll be filing your petition and not have been convicted of any state or federal felony.

    • 2

      Undergo a federal and state background check. Visit the local police or sheriff's department to be fingerprinted. Inform them that you are petitioning for a legal name change. After getting the fingerprint cards completed, fill out the appropriate information to send to the FBI and submit your prints for the background check. Mail this information to Criminal Justice Information Services (CJIIS) Division; Attn: SCU, Mod. D-2; 1000 Custer Hollow Road; Clarksurg, WV 26306. Include a check or money order for the fee. Your prints (and a check or money order for the fee) also need to be submitted to the Colorado Bureau of Investigations at 690 Kipling; Denver, CO 80215.

    • 3

      Fill out all forms for the name change petition. These include Petition for Change of Name (Adult) (JDF 433), Order for Publication for Change of Name (JDF 426), Public Notice (JDF 427) and Final Decree for Change of Name (JDF 448). These forms can be obtained online or at your local circuit court office.

    • 4

      Submit all forms to the circuit court office along with any other documents required by these forms. Sign the petition in front of the office notary. Pay the $100 fee for this process.

    • 5

      Attend the hearing for your name change, if required. Some judges do not implement this step.

    • 6

      Publish notice of your expected name change in the local newspaper three times. This must be done no more than 21 days after the Order for Publication is officially entered into court. Follow the instructions on the Public Notice (JDF 427) form.

    • 7

      Provide the court with proof that your notice was published. After this step is completed, the decree for your name change should be signed by the judge. Be sure to acquire a copy of this for your records.

  • State of Alabama Chapter 13 Options

  • Credit Counseling

    • Before a debtor can file for Chapter 13 bankruptcy, he must attend a mandatory credit counseling session. During credit counseling, the debtor will consider his options and decide if Chapter 13 bankruptcy is the right choice for his financial situation. If he decides to pursue a Chapter 13 bankruptcy case, he can come up with a debt repayment plan during the counseling session. The debtor would be wise to hire an experienced bankruptcy attorney. A Chapter 13 case lasts for years, so if he encounters any problems throughout those years, his attorney can advocate for him.

    Median Incomes

    • A Chapter 13 debt repayment plan lasts for either three or five years. The debtor figures out the length of time she will spend repaying her debts by comparing her family income to the median family income for a family of the same size in the state of Alabama. As of 2010, the Census Bureau listed Alabama's median incomes as $38,278 for a single earner; $47,904 for a family of two; $55,433 for a family of three; and $65,079 for a family of four. Add $7,500 for each family member in excess of four.

    Debt Repayment Plan

    • If the debtor's median family income is below Alabama's state median, his debt repayment plan will span three years. If the debtor's median family income is above Alabama's state median, his debt repayment plan will span five years. One of the biggest advantages of filing for Chapter 13 bankruptcy is that a debtor can keep his house out of foreclosure. The debtor incorporates missed mortgage payments as well as other debts into the repayment plan. The debtor must propose this plan to the bankruptcy court, and the court decides whether to accept or reject the plan. Once the court has accepted a plan from the debtor, the debtor must make monthly plan payments to the trustee that has been appointed to his case. For the debtor to receive a discharge, he must make all plan payments on time each month during the three or five years.

  • Family Law Reform Act 1978

    The Ontario Family Law Reform Act 1978 was one of a series of family law reforms passed in the late 1970s and early 1980s. The acts redefined spousal property rights throughout Canada.
  • Murdoch v. Murdoch

    • In 1973, Canada's Supreme Court denied Mrs. Murdoch partial ownership of the family's ranch property. Even though she had testified to being the primary caretaker of the ranch for a significant portion of the year, the court held that she was merely fulfilling the normal duties of a ranch wife. This denial of spousal rights triggered a wave of family law reform across Canada. Ontario's law was one of the first acts passed, and served as a guide for other provinces.

    Contracts

    • The act defined five types of marriage contract: separation agreements, marriage contracts, cohabitation agreements, paternity agreements and family arbitration agreements. Together these contracts and their regulations codified the rights and responsibilities of spouses entering into a marriage.

    Distribution

    • Most importantly, the act stated that all property acquired while married was to be equitably distributed between the parties. This is the fundamental property settlement principal still in use today.

  • The Surface Transportation Assistance Act of 1982

    In the fall of 1981, the worst recession since the Great Depression fell upon the United States. By November 1982, 9 million people were jobless and the unemployment rate topped 10 percent. In his State of the Union address, President Ronald Reagan proposed to Congress a two-for-one solution to address the unemployment problem and the country's crumbling infrastructure.
  • Proposal

    • Reagan said he sought greater autonomy for states. In his 1982 proposal to Congress, he suggested turning transit programs back to the states and eliminating federal-aid highway programs. The only program Reagan deemed immune to this change was the interstate system.

    Result

    • To address increasing concern with the condition of the nation's highways, Congress, under pressure from the president, introduced the Surface Transportation Assistance Act of 1982, which authorized additional appropriations for highway projects.

    Features

    • Contrary to the intentions articulated in Reagan's State of the Union Address, the STAA actually increased federal involvement with respect to all transit programs in addition to the interstate system. Additionally, Reagan, who opposed additional taxes, agreed to a nickel increase in the gasoline tax.

    Filibuster

    • Because of the tax increase and additional federal interference with state systems, senators dragged out debate and delayed a vote with a filibuster. It continued for 13 days, but on December 23, 1982, the Senate approved the bill.

    Impact

    • According to the Transportation Research Board, the STAA did not significantly increase the gross national product and, by 1984, the nation felt only a slight increase in employment. Although business sectors closely associated with highway construction benefited, the TRB found that the gas tax increase hit those with lower incomes and the unemployed the hardest.