Wednesday, August 26, 2009

What are the rights of a Property Owner?

Watching the move Pacific Heights, I first thought that all the property owners would have to do when the “ squatter” came onto their property was call the police and have him kicked off of their property. It is obviously not that easy. Apparently, “adverse possession, a law rooted in Anglo-Saxon history that has created a cottage industry of people who are attempting to capitalize on the weakness of others.”(PE.com)
“Almost every state allows adverse possession in some form. California law allows an individual to acquire title to a property if they've fenced it, openly occupied it without permission and paid property taxes continuously for five years.” Nevertheless, it seems the movie is a little dramatic, when the tenant first locked himself in the property owner should have broken down the door down because the tenant was not in right conduct. According to http://real-estate-law.freeadvice.com The length of time required for adverse possession in title varies - it could be as short as a few years or could run for twenty years or more. Typically public entities must establish a longer period of possession than individuals. Some states have adopted a rule which requires the adverse possessor to pay taxes each year on the land. The possession must be open for all to see. The possession must be exclusive to him or her (e.g., the fence in the above example, a driveway, road, etc.) The possession must be hostile to the actual owner of the land. To gain title to land through adverse possession requires strict compliance with the law, but can have dramatic impact upon land ownership rights.”

Part 1 Facts of the Case? Edwards v. Aguillard

Edwards v. Aguillard.


“In a 7-2 decision written by Justice Brennan in 1987, the Supreme Court struck down Louisiana's "Creationism Act" because it violated the Establishment Clause of the First Amendment.” (http://atheism.about.com/)
“A Louisiana law entitled the "Balanced Treatment for Creation-Science and Evolution-Science in Public School Instruction Act" prohibited the teaching of the theory of evolution in the public schools unless that instruction was accompanied by the teaching of creation science.”(oyez.org) This of course violated the Establishment Clause of the First Amendment. Brennan found first that the Act did not have a secular purpose, and second that it did not advance academic freedom and restricted the abilities of teachers to teach what they deemed appropriate. Moreover, Louisiana provided instructional packets to assist in the teaching of creationism but nothing of the sort for the teaching of evolution - thus demonstrating an interest in promoting creationism and religion.

3's About Me

Three Names I have been called: Bubba, Ace, Baby. I grew up with the name Bubba my dad called me this, I'm used to it.
Three Jobs I have had in my life (include unpaid if you have to): Welder, Receptionist, Personal Trainer. I enjoyed welding because it was fun building things.
Three Places I Have Lived: Tulsa, Ok; St. George, Ut; Toccoa Falls, Ga. By fare Georgia was the best place I have ever lived the fishing was the best.
Three TV Shows that I watch: ESPN, King of Queens, Talk Soup... Espn, Espn, Espn!
Three places I have been: Boston, New York, Atlanta. I took a trip to New York and Boston with my girlfriend by far it was one of the best trips I have ever taken.
Three People that e-mail me regularly: My Girlfriend, My brother, and my sister
Three of my favorite foods: Chicken, eggs, lobster tail. Eastcoast Lobster; Main Lobster!
Three cars I have driven: Toyota four runner, toyota celica, toyota mr2 spyder
Three things I am looking forward to: getting out of debt, graduating college, becoming successful in realestate. All I can say is I just want to start my career.

Wednesday, August 12, 2009

What My Classmates Think Of The Legal System.

“I think that the legal system is the entity that holds the power to keep things in order in our everyday life, which is necessary for a civilized society. Everything from our police force, to the high offices of our government, in one way or another there are applicable laws in place to keep the system as a whole in check and in balance.” (Perez, Angel L.) I believe Angel has hit the nail on the head, yet it seems that he has missed one important facet; just as the book states, “… The mere existence of laws is not enough… There must be a means of administering the law to protect the rights of individuals and businesses and to curtail the activities of wrongdoers.”( Intro. To Law; Our system of Law pg.8 )
One might argue that you people need no law because every man has a sense of right and wrong, people would essentially take the law into their own hands and the majority would rule. The “trouble makers” would be punished in one form or another. There is an understanding in this in that there is a sense of, “ do not take something that is not yours, do not take an innocent life, do not talk bad about some innocent person, every person has this sense of conscience. The law is involved when there are obscure ideas, and when someone feels wronged when they might not be. “Many legal obligations are based on moral obligations, but not all moral obligations are legally enforceable: a person’s conscience is often the only means of enforcement.” (Intro. To Law; Our system of Law pg. 8) “I feel that the Legal system is a savior when it is not corrupted or altered. I feel that this is the only rational way to decide on another individual’s wrong doing.” (Ibarra, Gustavo Alonso,, Jr.)

Wednesday, August 5, 2009

Used Cars Crim or Tort

Adrian, Tristin, Angel, Jordan
Crime1 Assault with a deadly weapon
Crime 2 Illegal distribution of stolen goods
Crime 3 Bribery
Crime 4 Perjury
Crime 5 Solicitation of drugs
Tor t 6 Vandalism
Crime 7 Battery
Crime 8 Speeding
Crime 9 Hit n run
Crime 10 Not yielding to a construction worker
Crime 11 Obstruction of justice
Tort 12 Contempt
tort 13 False accusation
Crime 14 Driving in a non designated area
Crime 15 No seatbelts
Crime 16 False advertising
Tort 17 Judge is incompetent to run court
tort 18 Destruction of property
tort 19 Illegal tampering with private property
Crime 20 Sexual harassment
Tort 21 Trespassing
Crime 22 Stopping on a freeway
Crime 23 Selling goods without a license
Crime 24 Not safely secured in the vehicles cab
Crime 25 not yielding for a cop
Crime 26 disorderly conduct in a courtroom
Crime 27 driving on the wrong side of the road
Crime 28 driving without insurance
Crime 29 False Documentation
Crime 30 Attempt at monopoly
Tort 31 Selling under a false pretense
tort 32 defamation of character
Crime 33 under aged driving
Crime 34 assault
Crime 35 illegal gambling
Tort 36 slander
Crime 37 trade libel
Crime 38 Holding a hostage
Tort 39 Negligence