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Head And Master Law
The "Head and Master" laws were a set of American property laws that permitted a husband to have final say regarding all household decisions and jointly owned property without his wife's knowledge or consent. In 1979, Louisiana became the final state to repeal them. Until then, the matter of who paid for property or whose name was on the deed had been irrelevant. Supreme Court cases and unconstitutionality In Louisiana, 1974, Joan Feenstra's husband was incarcerated for molesting their young daughter. To pay his lawyer, he mortgaged their home, which the law did not require his wife's knowledge or permission to do, despite the fact that the wife herself had fully paid for the house. Feenstra then dropped the charges, legally separated from her husband, and returned to court to challenge the constitutionality of the law. The Supreme Court, in ''Kirchberg v. Feenstra'', invalidated the mortgage, concluding that the statute was, in fact, unconstitutional. In 2015, during oral argum ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Same-sex Marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Same-sex marriage in Mexico, Mexico, constituting some 1.35 billion people (17% of the world's population). In Same-sex marriage in Andorra, Andorra, a law allowing same-sex marriage will come into force on 17 February 2023. Same-sex adoption, Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. In contrast, 34 countries (as of 2021) have definitions of marriage in their constitutions that prevent marriage between couples of the same sex, most enacted in recent decades as a preventative measure. Some other countries have constitutionally mandated Islamic law, which is generally interpreted as prohibiting marriage between same-sex couples. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards **Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and juvenile ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Law In The United States
Property law in the United States is the area of law that governs the various forms of ownership in real property (land and buildings) and personal property, including intangible property such as intellectual property. Property refers to legally protected claims to resources, such as land and personal property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. United States property law is primarily an area for state law, although there are also federal laws (for example, on patents and copyright) and some local laws involvement (on areas such as zoning and tenancy). Property law in the states generally originate from the common law and have been modified by statutes. The Restatements on Property gives an overview of certain areas of property law in the United States. Theory of property rights Definition of property rights There are two main views on the right to property in the United States, the traditi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marriage Bar
A marriage bar is the practice of restricting the employment of married women. Common in Western countries from the late 19th century to the 1970s, the practice often called for the termination of the employment of a woman on her marriage, especially in teaching and clerical occupations. Further, widowed women with children were still considered to be married at times, preventing them from being hired, as well. The practice lacked an economic justification, and its rigid application was often disruptive to workplaces. However, marriage bars were widely relaxed in wartime due to an increase in the demand for labor. Research carried out by Claudia Goldin to explore their determinants using firm-level data from 1931 and 1940, find out that they are associated with promotion from within, tenure-based salaries, and other modern personnel practices. Since the 1960s, the practice has widely been regarded as employment inequality and sexual discrimination, and has been either discontinu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marital Power
In civil law jurisdictions, marital power ( la, potestas maritalis, nl, maritale macht, af, maritale mag) was a doctrine in terms of which a wife was legally an '' incapax'' under the usufructory tutorship (''tutela usufructuaria'') of her husband. The marital power included the power of the husband to administer both his wife's separate property and their community property. A wife was not able to leave a will, enter into a contract, or sue or be sued, in her own name or without the permission of her husband. It is very similar to the doctrine of coverture in the English common law, as well as to the Head and Master law property laws. Historical origins The marital power derives from Germanic sources of the Roman-Dutch law, from which many features derive from (provincial) Roman law. In the earlier Roman law, a wife moved from the ''manus'' (guardianship) of her father to that of the father of her husband, an older brother of her husband or her husband; the "pater familias" or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coverture
Coverture (sometimes spelled couverture) was a legal doctrine in the English common law in which a married woman's legal existence was considered to be merged with that of her husband, so that she had no independent legal existence of her own. Upon marriage, coverture provided that a woman became a , whose legal rights and obligations were mostly subsumed by those of her husband. An unmarried woman, or , had the right to own property and make contracts in her own name. Coverture was well established in the common law for several centuries and was inherited by many other common law jurisdictions, including the United States. According to historian Arianne Chernock, coverture did not apply in Scotland, but whether it applied in Wales is unclear. After the rise of the women's rights movement in the mid-19th century, coverture was increasingly criticised as oppressive, hindering women from exercising ordinary property rights and entering professions. Coverture was first substantia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ruth Bader Ginsburg
Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by President Bill Clinton to replace retiring justice Byron White, and at the time was generally viewed as a moderate consensus-builder. She eventually became part of the liberal wing of the Court as the Court shifted to the right over time. Ginsburg was the first Jewish woman and the second woman to serve on the Court, after Sandra Day O'Connor. During her tenure, Ginsburg wrote notable majority opinions, including ''United States v. Virginia''(1996), '' Olmstead v. L.C.''(1999), '' Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.''(2000), and '' City of Sherrill v. Oneida Indian Nation of New York''(2005). Ginsburg was born and grew up in Brooklyn, New York. Her older sister died when she was a baby, and her mother died shortly bef ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obergefell V
''Obergefell v. Hodges'', ( ), is a List of landmark court decisions in the United States, landmark LGBT rights in the United States, LGBT rights case in which the Supreme Court of the United States ruled that the Fundamental rights in the United States, fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment of the Constitution. The 5–4 ruling requires all U.S. state, fifty states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with all the accompanying rights and responsibilities. Prior to ''Obergefell'', same-sex marriage had already been established by statute, court ruling, or voter initiative in thirty-six states, the Same-sex marriage in the District of Columbia, District of Columbia, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mortgage Law
A mortgage is a legal instrument of the common law which is used to create a security interest in real property held by a lender as a security for a debt, usually a mortgage loan. ''Hypothec'' is the corresponding term in civil law jurisdictions, albeit with a wider sense, as it also covers non-possessory lien. A mortgage in itself is not a debt, it is the lender's security for a debt. It is a transfer of an interest in land (or the equivalent) from the owner to the mortgage lender, on the condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower. The word is a Law French term meaning "dead pledge," originally only referring to the Welsh mortgage (''see below''), but in the later Middle Ages was applied to all gages and reinterpreted by folk etymology to mean that the pledge ends (dies) either when the obligation is f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kirchberg V
Kirchberg (German for "Church Hill") commonly refers to: *Kirchberg, Luxembourg, a quarter of Luxembourg City, Luxembourg **Court of Justice of the European Union (metonym) Kirchberg may also refer to: Austria * Kirchberg am Wagram, a town in Lower Austria *Kirchberg am Walde, a town in Lower Austria * Kirchberg am Wechsel, a town in Lower Austria * Kirchberg an der Pielach, a town in Lower Austria * Kirchberg an der Raab, a town in Styria *Kirchberg in Tirol, a town in Tyrol *Kirchberg bei Mattighofen, a town in Upper Austria *Kirchberg ob der Donau, a town in Upper Austria * Kirchberg-Thening, a municipality in Upper Austria *Kirchberg (Fontanella), a subdivision of Fontanella, Austria in Vorarlberg France *Kirchberg, Haut-Rhin Germany * Kirchberg an der Iller, in Biberach, Baden-Württemberg *Kirchberg an der Murr, in Rems-Murr, Baden-Württemberg *Kirchberg, a borough of Sulz am Neckar in Rottweil, Baden-Württemberg *Kirchberg convent, a monastery in Sulz am Neckar, Baden ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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