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Many statutes at both the federal and state levels allow the winner to recover reasonable attorney's fees, [3] and there are two major exceptions in federal case law as well. [ 4 ] Under Rule 54(d) of the Federal Rules of Civil Procedure , [ 2 ] federal statutes may supersede the default rule of not awarding attorney fees.
For example, California has a "Small Estate Summary Procedure" to allow the summary transfer of a decedent's asset without a formal probate proceeding. The dollar limit by which the small estate procedure can be effectuated was $150,000 [ 34 ] before a statutory increase was implemented on a three-year schedule, [ 35 ] arriving at $184,500 by ...
Stalley, [3] a Michigan lawyer relied on the official text of the Uniform Probate Code and failed to check the statute as it had been adopted in Florida. As a result, the lawyer missed a filing deadline on a $3,760,909.49 claim.
Unclaimed property laws in the United States provide for two reporting periods each year whereby unclaimed bank accounts, stocks, insurance proceeds, utility deposits, un-cashed checks and other forms of "personal property" are reported first to the individual state's Unclaimed Property Office, then published in a local newspaper and then ...
In 1993, recognizing the need for a more uniform approach, the Uniform Law Commission (ULC) appointed a study committee chaired by Justice Maurice A. Hartnett III of the Delaware Supreme Court. This committee's task was to assess the necessity and feasibility of developing a comprehensive and standardized model uniform trust code.
Subject-matter jurisdiction, also called jurisdiction ratione materiae, [1] is a legal doctrine regarding the ability of a court to lawfully hear and adjudicate a case. . Subject-matter relates to the nature of a case; whether it is criminal, civil, whether it is a state issue or a federal issue, and other substantive features of th
For example, on March 1, 1901, Puerto Rico enacted a Penal Code and Code of Criminal Procedure which were modeled after the California Penal Code, [1] [2] and on March 10, 1904, it enacted a Code of Civil Procedure modeled after the California Code of Civil Procedure. [3] Thus, California case law interpreting those codes was treated as ...
In California, one party appeared pro se in 2/3 of all domestic relations cases and in 40% of all child custody cases between 1991 and 1995. California reports in 2001 that over 50% of the filings in custody and visitation are by pro se litigants. Urban courts report that approximately 80% of the new divorce filings are filed pro se. [2]
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