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In one of the odd provisions of the Texas Government Code, there is no requirement that a municipal judge be an attorney if the municipal court is not a court of record (Chapter 29, Section 29.004), but the municipal judge must be a licensed attorney with at least two years experience in practicing Texas law if the municipal court is a court of ...
A declaration that a person is dead resembles other forms of "preventive adjudication", such as the declaratory judgment. [1] Different jurisdictions have different legal standards for obtaining such declaration and in some jurisdictions a presumption of death may arise after a person has been missing under certain circumstances and a certain ...
In Mutual Life v.Armstrong (1886), the first American case to consider the issue of whether a slayer could profit from their crime, the US Supreme Court set forth the No Profit theory (the term "No Profit" was coined by legal scholar Adam D. Hansen in an effort to distinguish early common law cases that applied a similar outcome when dealing with slayers), [1] a public policy justification of ...
Fortunately, your estate plan can let you bypass probate in Texas with these five common tools: Revocable Living Trusts. A revocable living trust is a legal entity you create to hold and manage ...
Congress may define the jurisdiction of the judiciary through the simultaneous use of two powers. [1] First, Congress holds the power to create (and, implicitly, to define the jurisdiction of) federal courts inferior to the Supreme Court (i.e. Courts of Appeals, District Courts, and various other Article I and Article III tribunals).
Until the 19th century each later section of an act repeated an abbreviated version of the formula used in the first section, typically "and be it further enacted by the authority aforesaid". The first revised edition of the statutes omitted these formulae to save space, while printing the primary enacting clause.
Until 2013, Texas had no laughing heir statute, instead allowing estates to pass to the nearest lineal ancestors or descendants "without end". [2] Texas passed such a law (HB 2912) in 2013, and thereafter following the Uniform Probate Code.
There are two distinct forms of appellate review, "direct" and "collateral". For example, a criminal defendant may be convicted in state court, and lose on "direct appeal" to higher state appellate courts, and if unsuccessful, mount a "collateral" action such as filing for a writ of habeas corpus in the federal courts. Generally speaking, "[d ...