American Bar Association Family Legal Guide : Everything Your Family Needs to Know about the Law and Real Estate, Consumer Protection, Health Care, Retirement, Home Ownership, Wills and Estates, and More

by AMERICAN BAR ASSOCIATIONABA

• ISBN13: 9780375720772
• ISBN10: 0375720774
• Edition: 3rd
• Format: Trade Paper
• Copyright: 2004-04-27
• Publisher: Random House Reference

Summary

EVERYTHING YOU NEED TO KNOW ABOUT THE LAW FROM AMERICA'S LEADING LEGAL AUTHORITY Practicing lawyers know the kinds of legal issues and problems people have. With their help, we've fashioned a book that answers the questions you're apt to have, in language you can understand. from the introduction by Alan S. Kopit, legal commentator and Chair, ABA Standing Committee on Public Education The law affects almost everything you doincluding getting married, buying a home, driving a car, going to the doctor, signing a contract, making online purchases, and writing a will. With answers to thousands of key questions, theAmerican Bar Association Family Legal Guide, 3rd edition, is the most comprehensive reference available on how the law affects your life. CLEAR, CURRENT, AND COMPREHENSIVE ANSWERS TO THE QUESTIONS PEOPLE ASK LAWYERS IN EVERY AREA OF LAW [bulleted list] Divorce, Child Custody/Support Automobiles Computers Real Estate Credit and Bankruptcy Rights of Older Americans Contracts and Consumer Law Estate Planning Workplace Law Health Care Small Business Personal Injury Criminal Justice Home Ownership This essential legal resource will help you understand your rights and responsibilities, potentially reduce legal expenses, and avoid legal pitfalls.

Author Biography

The <b>American Bar Association</b> is the nation's leading legal authority and the largest voluntary professional membership organization in the world. With more than 400,000 members, the ABA provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public.

Table of Contents

FOREWORD	xi
INTRODUCTION	xiii
CHAPTER ONE When and How to Use a Lawyer
Lawyer Basics	2	(1)
What Is a Lawyer?	2	(1)
When Do You Need a Lawyer?	3	(5)
Help from Non-Lawyers	4	(2)
Types of Lawyers	6	(2)
Looking for a Lawyer	8	(4)
Questions to Ask a Lawyer	10	(2)
Legal Fees and Expenses	12	(4)
Types of Fees	13	(1)
Cost-Cutting Options	13	(3)
When Things Go Wrong	16	(6)
CHAPTER TWO How the Legal System Works
Introduction to the Legal System	22	(1)
The Structure of the Court System	23	(7)
State and Federal Courts	23	(3)
Separation of Powers	26	(3)
Judges	29	(1)
The Civil Trial: Step by Step	30	(10)
Commencing Legal Proceedings and Procedures Before Trial	31	(2)
Exchange of Information	33	(1)
Juries	34	(1)
Trials	35	(1)
Verdicts	36	(1)
Procedures After Trial	37	(3)
Mediation and Small-Claims Court	40	(6)
Resolving Your Dispute out of Court	41	(1)
Small-Claims Court	42	(4)
CHAPTER THREE Family Law
Marriage	46	(8)
Requirements for Getting Married	46	(2)
Invalid Marriages	48	(1)
Duties of Marriage	49	(2)
Living Together Outside of Marriage	51	(1)
Domestic Violence	52	(2)
Money Matters During Marriage	54	(6)
Premarital Agreements	54	(2)
Ownership of Property	56	(2)
Debts and Taxes	58	(1)
Doing Business Together	59	(1)
Children	60	(9)
The Decision to Have Children	60	(1)
Abortion	61	(1)
Childbirth	61	(1)
Rights and Responsibilities of Parents	62	(2)
Adoption	64	(2)
Paternity	66	(1)
Abuse and Neglect Laws	67	(2)
Separation, Annulment, and Divorce	69	(22)
Separation and Separate Maintenance	69	(2)
Annulment	71	(1)
Divorce	71	(2)
Property	73	(2)
Alimony/Maintenance	75	(2)
Custody	77	(4)
Visitation/Access/Parenting Time	81	(1)
Joint Custody	81	(1)
Moving the Child Out of State	82	(1)
Child Support	83	(3)
Grandparents and Stepparents	86	(1)
Mediation and Collaborative Law	87	(4)
CHAPTER FOUR Buying and Selling a Home
Introduction to Buying and Selling a Home	91	(3)
Meeting the Players	94	(11)
Selecting a Real Estate Agent to Sell Your Home	95	(4)
Selecting a Real Estate Agent to Help You Buy a Home	99	(1)
Buying and Selling Without an Agent	100	(2)
The Fair Housing Act	102	(1)
Working with a Lawyer	103	(2)
Financing a Home Purchase	105	(10)
The Basics	105	(3)
Applying for a Loan	108	(3)
Different Types of Loans	111	(3)
Key Provisions of the Loan Documents	114	(1)
The Steps of Buying and Selling a Home	115	(17)
Selling: Setting a Price for the Property	116	(1)
Disclosures	117	(1)
Making an Offer: The Purchase Contract	118	(5)
Home Inspections	123	(2)
Buying in a Multiunit Building or Development	125	(3)
The Closing	128	(2)
Closing Costs	130	(1)
Ownership Options	131	(1)
Tax Considerations	132	(6)
Tax Considerations When Buying Your Home	133	(1)
Tax Considerations When Selling Your Home	134	(4)
CHAPTER FIVE Home Ownership
Property Rights and Restrictions	138	(13)
Your Property Rights	138	(3)
Safeguarding Property Rights: Title Insurance	141	(2)
Ownership Options	143	(4)
Handling Property Constraints	147	(2)
Government Rights to Property	149	(2)
Property Insurance and Other Protections	151	(17)
Floor Wax and Dog Attacks: Liability Issues	152	(5)
Liability Insurance	157	(1)
Homeowner's Insurance	158	(4)
Security Issues	162	(1)
Environmental Issues	163	(5)
Managing Neighborhood Problems	168	(9)
Handling Disputes	168	(5)
Pets	173	(1)
Trees	174	(1)
Views	174	(1)
Fences	175	(2)
Remodeling	177	(8)
Legal Protections	177	(2)
Hiring a Contractor	179	(4)
Troubleshooting the Project	183	(2)
Shared Ownership: Condos and Condominiums	185	(9)
Legal Rights and Restrictions	187	(3)
The Board of Directors	190	(1)
Handling Problems	191	(3)
The Financial Side of Home Ownership	194	(11)
Understanding Your Mortgage	194	(3)
Refinancing and Home Loans	197	(3)
Tax Considerations	200	(5)
CHAPTER SIX Renting Residential Property
Renting Basics	205	(8)
Choosing a Landlord	205	(1)
Choosing a Tenant	206	(1)
Leases	207	(2)
Lease Clauses to Consider	209	(4)
Maintaining Rental Property	213	(6)
Municipal Code Enforcement	215	(1)
Repair and Deduct	216	(1)
Reduced Rent	217	(1)
Lease Termination for Code Violations	218	(1)
Ending the Landlord-Tenant Relationship	219	(7)
Lease Termination by Landlords	219	(4)
Lease Termination by Tenants	223	(2)
Security Deposits	225	(1)
Other Issues	226	(6)
Rent Control	227	(1)
Fair Housing	228	(4)
CHAPTER SEVEN Consumer Credit
Credit Basics	232	(5)
Choosing a Credit Card	237	(8)
Protections for the Consumer	241	(3)
Protections for Consumers Who Lease Products	244	(1)
Applying for Credit	245	(5)
The Credit Score	245	(1)
The Equal Credit Opportunity Act	246	(2)
Denial of a Credit Application	248	(1)
Credit Insurance	248	(2)
Credit Records	250	(8)
Establishing a Credit Record	250	(1)
Credit and Divorce	251	(1)
Checking Your Credit Record	252	(1)
Maintaining a Good Credit Record	253	(1)
Correcting Credit Mistakes	254	(2)
Defective Goods and Services	256	(1)
Lost or Stolen Credit Cards	256	(2)
Debt, Debt Collection, and Credit Repair	258	(8)
How Much Debt Can You Handle?	258	(1)
Debt Collection and the Law	259	(3)
Credit Counseling	262	(4)
CHAPTER EIGHT Consumer Bankruptcy
Introduction to Bankruptcy	266	(6)
Alternatives to Bankruptcy	266	(1)
Bankruptcy Defined	267	(3)
Working with a Lawyer	270	(2)
Straight Bankruptcy: Chapter 7	272	(7)
Chapter 7 in Action	276	(3)
Chapter 13	279	(3)
Chapter 13 in Action	280	(2)
Chapter 13 or Chapter 7?	282	(7)
Saving Your Home	285	(4)
CHAPTER NINE Contracts and Consumer Law
Introduction to Contracts	289	(16)
A Contract Defined	289	(1)
Limits to a Contract	289	(14)
Changing Situations	303	(2)
Types of Contracts	305	(8)
Practical Contracts	305	(3)
Leases and Surety Contracts	308	(1)
Warranties	309	(4)
Special Consumer Protections	313	(11)
Advertising	313	(1)
Telemarketing	314	(1)
Door-to-Door Sales	315	(1)
Buying by Mail	316	(1)
Time-Shares	317	(1)
Pets	318	(1)
Home and Home Appliance Repair and Improvements	319	(1)
Buying Clubs	320	(1)
Funeral Homes	321	(1)
Travel	322	(2)
When Things Go Wrong	324	(8)
Breach of Contract	324	(1)
Remedies for Breach of Contract	325	(1)
Stopping Payment	326	(1)
Dealing with Failing or Failed Companies	327	(1)
Lawsuits as Remedies	328	(4)
CHAPTER TEN Computer Law
Online Purchases	332	(13)
E-Auctions	339	(1)
Internet Service Providers (ISPs)	340	(1)
Professional Services Online	341	(1)
Airline Tickets	341	(1)
Online Banking	342	(1)
Stocks and Securities	342	(1)
Online Pharmacies	343	(2)
Computers on the Job	345	(2)
Internet Issues	347	(4)
Spam	347	(2)
Viruses	349	(2)
Computer Copyright and Trademark Issues	351	(9)
Copying Words and Pictures from the Internet	352	(1)
Copying Software and Downloading Entertainment	353	(3)
Legal Issues and Your Personal Website	356	(4)
Law Enforcement and the Computer	360	(1)
Child Protection and the Internet	361	(6)
CHAPTER ELEVEN Automobiles
Buying, Renting, and Leasing a Car	367	(9)
Buying a New Car	367	(4)
Buying a Used Car	371	(2)
Car Leasing and Renting	373	(3)
Consumer Protections	376	(7)
Unfair and Deceptive Acts and Practices	376	(1)
Lemon Laws	377	(1)
Warranties and the Uniform Commercial Code	378	(3)
Recalls	381	(2)
Inspections and Repairs	383	(4)
Inspections	383	(1)
Repairs	384	(2)
Service Contracts	386	(1)
Your Automobile and the Police	387	(10)
The Stop	387	(1)
The Search	387	(2)
Roadblocks	389	(1)
Drunk Driving	390	(2)
License Suspension and Revocation	392	(2)
License Renewal	394	(1)
Seat Belt Laws	395	(1)
Speeding and Other Offenses	395	(2)
Accidents and Insurance	397	(8)
Accidents	397	(2)
Insurance	399	(6)
CHAPTER TWELVE Law and the Workplace
Introduction to Law and the Workplace	405	(1)
Federal Laws Regulating the Workplace	406	(5)
The Hiring Process	411	(12)
On the Job	423	(33)
Discrimination in the Workplace	423	(5)
Discrimination Based on Gender	428	(3)
Other Protections for Workers	431	(1)
Sexual Harassment	431	(4)
Age Discrimination	435	(1)
Privacy in the Workplace	435	(3)
Special Rights of Public Employees	438	(2)
Unions in the Workplace	440	(6)
Wages and Hours	446	(3)
Workplace Safety	449	(2)
Workers' Compensation	451	(3)
Social Security Disability Insurance	454	(2)
Leaving a Job	456	(12)
Being Fired	456	(4)
Unemployment Insurance	460	(2)
Pension Plans	462	(6)
CHAPTER THIRTEEN Forming and Operating a Small Business
Starting a Business	468	(16)
Financing a Business	469	(4)
Naming Your Business	473	(1)
Rules, Regulations, Licenses, and Permits	474	(1)
Commercial Leases	475	(4)
Working from Home	479	(1)
Insurance	480	(2)
Tax Requirements	482	(2)
Franchising and Buying a Business	484	(7)
Buying a Franchise	485	(2)
Buying a Business	487	(4)
Types of Business Organizations	491	(12)
Sole Proprietorships	492	(1)
Partnerships	493	(2)
Corporations	495	(3)
Limited Liability Companies	498	(5)
Intellectual Property	503	(5)
Trademarks	504	(2)
Patents	506	(1)
Copyright	506	(2)
Business Problems	508	(9)
Small Business Scams	508	(2)
Operational Problems	510	(1)
Bankruptcy	511	(6)
CHAPTER FOURTEEN Personal Injury
The Basics of Personal Injury Law	517	(6)
Negligence	523	(17)
Automobile Collisions	524	(4)
Injuries at Your Home and on Your Property	528	(2)
Injuries on Others' Property	530	(2)
Medical Malpractice	532	(4)
Some Special Situations	536	(4)
Strict Liability	540	(5)
Product Liability	542	(3)
Intentional Wrongs	545	(6)
CHAPTER FIFTEEN Criminal Justice
The Basics of Criminal Law	551	(3)
The Police and Your Rights	554	(13)
Lawyers and Criminal Law	563	(2)
Criminal Charges	565	(2)
Court Procedures	567	(19)
Initial Criminal Court Proceedings	568	(4)
Evidence in Criminal Cases	572	(1)
Witnesses	573	(3)
Defenses Against Criminal Charges	576	(1)
Pretrial Procedures	577	(1)
Trial	577	(2)
Sentencing of Convicted Criminals	579	(2)
Appeals of Criminal Cases	581	(5)
CHAPTER SIXTEEN The Rights of Older Americans
Age Discrimination on the Job	586	(6)
What to Do if You Arc Discriminated Against	589	(3)
Pensions	592	(9)
Traditional Pension Plans	592	(6)
401(k) Plans and Simplified Employee Pension Plans	598	(3)
Social Security and Supplemental Security Income	601	(7)
Disability	604	(1)
Claims, Decisions, and Appeals	604	(3)
Supplemental Security Income	607	(1)
Health and Long-Term Care Benefits	608	(15)
Medicare	608	(6)
Medicaid	614	(3)
Medigap Insurance	617	(1)
Paying for Long-Term Care	618	(5)
Housing and Long-Term Care Options	623	(9)
Home Equity Conversion	623	(3)
Retirement Communities	626	(3)
Nursing-Home Care	629	(3)
Rights of People with Disabilities	632	(2)
A Right to Control Your Own Affairs	634	(16)
Durable Power of Attorney	635	(2)
Living Trusts	637	(2)
Joint Ownership	639	(1)
Representative Payees	640	(1)
Money Management Services	641	(1)
Guardianship	642	(2)
Health-Care Decision-Making Issues	644	(4)
Abuse and Exploitation	648	(2)
The Older Americans Act and Services	650	(7)
CHAPTER SEVENTEEN Health-Care Law
Patients' Rights	657	(12)
Confidentiality and Privacy	657	(5)
Emergency Care	662	(3)
Informed Consent	665	(4)
Health-Care Options	669	(7)
Health Insurance and Managed Care Organizations	669	(4)
Medicare and Medicaid	673	(2)
State Children's Health Insurance Program	675	(1)
Regulating Health-Care Professionals	676	(10)
Licensing of Doctors, Nurses, and Hospitals	676	(5)
Medical Malpractice	681	(1)
Research on Humans	682	(4)
Specific Issues in Health Care	686	(15)
Assisted Reproductive Technologies	687	(3)
Abortion	690	(2)
Organ Donation	692	(4)
Assisted Suicide	696	(5)
CHAPTER EIGHTEEN Estate Planning
Estate-Planning Basics	701	(7)
Working with a Lawyer	704	(4)
Wills	708	(9)
The Executor	711	(2)
Setting Up a Will	713	(4)
Trusts and Living Trusts	717	(10)
Living Trusts	718	(3)
Other Kinds of Trusts	721	(1)
Setting Up and Maintaining a Trust	722	(5)
Other Estate-Planning Assets and Tools	727	(8)
When Circumstances Change	732	(3)
Some Special Circumstances	735	(4)
Death and Taxes	739	(2)
Probate	741	(8)
APPENDIX
GLOSSARY	749	(20)
ABOUT THE AUTHORS AND EDITORS	769	(2)
ACKNOWLEDGMENTS	771	(8)
INDEX	779