Yearly Archives: 2006
Pointers on Points – The License You Save May Be Your Own
You need not be nick-named “leadfoot” to get speeding tickets. The police and local officials know that there are roads where everyone exceeds the posted limit. In fact, many roads in our area would be eternally grid-locked if the limits were strictly enforced. However, local… Continue reading
Finally, Res Judicata
Contrary to what some non-lawyers might think, res judicata is not the name of the latest trendy disco, nor is it the most recent Latin pop music phenomenon to hit our shores. Instead, it is an important legal doctrine which promotes finality in court cases.… Continue reading
What is Summary Judgment?
Not all cases end up going to trial. Some are settled. Others are dismissed at an early stage for procedural reasons. Still other cases are disposed of on the eve of trial by a mechanism known as summary judgment.The rules of civil procedure provide that… Continue reading
The Queen’s English — More Commas – – or Less?
The use or non-use of a comma is important in sentences containing more than one clause.A clause is a group of words expressing a thought and having a subject and a predicate (a verb relating to the subject): “He (subject) ran (predicate) to the store.”An… Continue reading
Family Limited Partnerships
The Family limited partnership (“FLP”) has become an increasingly useful tool for planning larger estates. The FLP also has drawn plenty of attention from the Internal Revenue Service in recent years. Usually an FLP is created by an individual and his or her spouse (often… Continue reading
Latin Lovers ’99 – (Reader Beware!)
Caveat Emptor – let the buyer beware! This famous maxim has been part of our common law (taken from the English, who adopted it from Roman law) going back to colonial days. Until recently, with the advent of consumer protection legislation and a general shift… Continue reading
Changes in the Durable Power of Attorney
A very effective and popular estate planning device over the past decade has been the “durable” power of attorney. A power of attorney is a document a person (the “principal”) executes to give authority to another (the “agent”) to act on the principal’s behalf. The… Continue reading
Watch For Those Trust Fund Taxes!
If you operate a small business and have employees, you should be familiar with the rules regarding the collection and payment of trust fund taxes. If you are not careful, you could become personally liable if these taxes are not properly accounted for and… Continue reading
Property Rights in Surface Water
When our country was first settled, the most ideal land upon which to build a home or business was usually next to a body of water, whether it be a lake, river or stream. As towns grew and access to water diminished, determining who… Continue reading
Staying Incorporated
Corporations are formed for many reasons, but perhaps the most common reason advanced by small business owners is to obtain the shield of limited liability for corporate obligations. With certain exceptions, liability for the obligations of a corporation is limited to one’s investment (capital… Continue reading