legal writing assignment 1

8
Legal Writing Assignment 1 Legal Writing Assignment 1 Chad A. Jenkins Gateway Community College 1

Upload: chad-jenkins

Post on 13-Apr-2017

28 views

Category:

Documents


1 download

TRANSCRIPT

Page 1: Legal Writing Assignment 1

Legal Writing Assignment 1

Legal Writing Assignment 1

Chad A. Jenkins

Gateway Community College

1

Page 2: Legal Writing Assignment 1

Legal Writing Assignment 1

1. School Property

162.010 Title to school property. This particular statue states all property owned by the school

district is strictly for the benefit of the board of education. It goes on to state any property or

land that may be purchased must be approved by the Attorney General of the Commonwealth

unless land is given from the federal government. Effective: July 13, 1990 History: Repealed and

reenacted 1990 Ky. Acts ch. 476, Pt. V, sec. 548, effective July (Kentucky Legislature, 2016)

2. Nudist Societies

232.010 Nudist defined. In summary, the state defines nudists as person who displays any part

of his naked body before persons of the opposite sex with the exception of husband or wife, at

their solicitation or with their consent, for religious or health purposes, excepting for purposes of

examination and treatment by physicians. History: Amended 1968 Ky. Acts ch. 203, sec. 1. --

Recodified 1942 Ky. Acts ch. 208 (Kentucky Legislature, 2016)

3. Limited Liability Companies

275.160 Operations outside Kentucky – In summary it states a limited liability company may

conduct business outside of the Commonwealth of Kentucky. It also states if conflict arises in

another state laws from the Commonwealth of Kentucky shall be applied to determine the

company’s liabilities. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 389, sec. 32,

effective July 15, 1994. (Kentucky Legislature, 2016)

4. Private Investigators

329A.095 Licensure and certification for private investigators conducting fire or arson

investigations. This law defines the licensing and certification of private investigators for fire

2

Page 3: Legal Writing Assignment 1

Legal Writing Assignment 1

and explosions. All must be licensed in accordance with KRS 329A.25; and (b) Certified by the

National Association of Fire Investigators or the International Association of Arson Investigators

as a fire and explosion investigator (Kentucky Legislature, 2016).

5. DUI

189A.030 Terms of imprisonment for first and second offenders. This statue states the terms of

imprisonment for first and second offenders who receive a ticket for Driving under the Influence.

They may serve their time on the weekends provided no individual period shall be less than 24

hours. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 140, effective

April 10, 1988. -- Amended 1986 Ky. Acts ch. 423, sec. 186, effective July 1, 1987. -- Created

1984 (Kentucky Legislature, 2016).

6. Divorce/Child Custody

403.290 Child: In summary, this statue states the court may seek professional advice from

anyone not employed by the state regarding child custody and also may interview a child in these

cases in chambers to find out the child’s preference on who he or she would like to live with.

History: Created 1972 Ky. Acts ch. 182, sec. 19. (Kentucky Legislature, 2016)

7. Criminal fines for corporations. (hint: can be found in the penal code)

534.050 Fines against corporations. This statue lists the fines associated to corporations who are

convicted of an offense. These fines are: (1) For an offense defined in this code a corporation

convicted of an offense may be sentenced to pay a fine in an amount not to exceed: (a) For a

felony of any class, $20,000; or (b) For a Class A misdemeanor, $10,000; or (c) For a Class B

misdemeanor, $5,000; or (d) For a violation, $500; or (e) Double the amount of the defendant's

gain from commission of the offense, whichever is the greater. (2) For an offense defined outside

3

Page 4: Legal Writing Assignment 1

Legal Writing Assignment 1

this code for which no special corporate fine is specified, a corporation convicted of an offense

may be sentenced to pay a fine in an amount not to exceed: (a) $20,000, if the offense when

committed by an individual has an authorized term of imprisonment in the penitentiary; or (b)

$10,000, if the offense when committed by an individual has an authorized term of imprisonment

of not less than ninety (90) days nor more than twelve (12) months; or (c) $5,000, if the offense

when committed by an individual has an authorized term of imprisonment of less than ninety

(90) days; or (d) $500, if the offense when committed by an individual has no authorized term of

imprisonment; or (e) Double the amount of the defendant's gain from commission of the offense,

whichever is the greater. (3) For an offense defined outside this code for which a special

corporate fine is specified, a corporation convicted of the offense may be sentenced to pay a fine

in the amount specified in the law that defines the offense. Effective: January 1, 1975. History:

Created 1974 Ky. Acts ch. 406, sec. 294, effective January 1, 1975 (Kentucky Legislature,

2016).

8. Pawnbrokers

226.030 Pawnbroker not to receive article from minor or during night. This statue states no

pawnbroker can receive an article from a minor at night. Then it goes on to state they cannot

receive any article from any person between 8pm and 7am. Effective: October 1, 1942 History:

Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3789.

(Kentucky Legislature, 2016).

9. Libraries

172.140 Use of books -- Removal from library -- To be returned on request. This statue states

any person may use the books from the library, but the clerk shall not allow anyone to take the

4

Page 5: Legal Writing Assignment 1

Legal Writing Assignment 1

book out of the library except officials and attorneys who may be using books in court cases. It

then goes on to state that if a book is used at the request of the clerk it must be returned

Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October

1, 1942, from Ky. Stat. secs. 2431, 2438c-11 (Kentucky Legislature, 2016).

10. State Taxes dealing with coal.

143.021 Tax credit for thin seam coal. This statue defines what tax credits are to be applied for

coal mined. Each credit has a certain percentage factor depending on where the thin seam coal

was mined. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 478, sec. 2, effective

July 14, 2000 (Kentucky Legislature, 2016).

5

Page 6: Legal Writing Assignment 1

Legal Writing Assignment 1

References(2016, July 22). Retrieved from Kentucky Legislature: http://www.lrc.ky.gov/Statutes/index.aspx

6