What Is A Legal Right?

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During the First World War, a young Yale law professor tried to unearth what judges meant when they were talking about legal rights. His conclusion was that legal rights were the benefits bequeathed upon one legal person against another by legal rules. The first party has the legal advantage, which is known as a right, while the other stands at a corresponding legal disadvantage. Two parties are always thus involved.

What Is A Legal Right?

Not everyone agrees with this opinion. The perspective can also get complicated. However, most law judges eventually refer to this opinion when dissecting legal rights. It’s worth noting that only a legal person has the capability of having a legal right. This is why legal personhood is our main focus.

The professor came up with 4 correlating pairs of benefits and disadvantages, which include legal rights of four kinds.

Liberties

A liberty allows one to do whatever they please, though they’ve no right to get respect for their liberty. This is a permission devoid of protection which correlates with the ‘no-right.’ This means that one doesn’t have a claim on what another person can or cannot do. The relationship between a ‘no-right’ and a liberty is illustrated by the analogy that though one is at liberty to look over their neighbor’s fence, they (the neighbor) isn’t obliged to stand there to be looked.

Claims

A claim stresses the need for respect, thus placing a correlating ‘duty’ upon a person to act, or not to act, in some manner towards the plaintiff. If two people sign a contract in which one party agrees to sell their house for an agreed sum and the other agrees to pay, then they have a claim for the house. The first party is obligated to give the other custody of the said property.

A ‘power’ affects the rights of the person who’s likely to be affected. The power to sue is arguably the most significant power which exists.

Immunities

Lastly, an ‘immunity’ legally discharges one person from being interfered with by a different party. Claims inform people what they aren’t allowed to do while immunities define what people are forbidden from doing by the law. One person can’t enslave another because this is prohibited. Immunities such as freedom from torture and enslavement are the most fundamental human rights. And it’s such legal rights that we argue that they also apply to some nonhuman animals.

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The Fifth Amendment Explained

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The fifth amendment to the US Constitution is designed to protect people against self-incrimination when they’re arrested on suspicion of a crime. It helps to ensure the treatment of the accused as innocent until proven guilty. A specific clause in the amendment prevents double jeopardy, which is a situation of an accused person brought to trial twice for the same crime. The same amendment also ensures the right to due process of law, a speedy trial and the right to fair compensation paid to crime victims.

According to the fifth amendment, no one accused of a crime can be forced to testify against him- or herself in a court of law. This extends to the requirement that the accused can’t make statements that count as self-incrimination. This amendment is the origin of the right to remain silent when arrested, and it’s tied closely to the Miranda rights that need to be read to anyone upon arrest.

The idea of the right to remain silent comes from the 17th century English politician John Lilburne, who refused to sign a pledge to answer every question asked of him upon arrest for distributing Puritan literature. Even after public corporal punishment, he continued to campaign for the rights of the accused and for protective measures against their being imprisoned for crimes they didn’t commit.

Further development of the fifth amendment is credited to James Madison, the fourth president of the United States and one of the framers of the Constitution. He wrote that no one should ever be forced to be a witness against him- or herself in any type of criminal case. Several of the first US states didn’t include these protections in their individual constitutions, and Madison felt it was vital the rights of the accused be preserved on a federal level.

Since its inception, the fifth amendment has been changed and updated several times over the centuries. These amendments have included exceptions when public safety is immediately at risk and when a non-custodial parent is accused of kidnapping his or her child away from the custodial parent.

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The Difference Between Legal Information And A Legal Consultation

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At some point in time, many of us will need a legal consultation. If you purchase a house; you may need to consult a real estate attorney. If you are in a car accident; you will need the advice of an attorney who practices criminal law. When a situation impacts your life, you may need a legal consultation.

It is now always easy to distinguish between legal advice and legal information. As a general rule, only a licensed attorney or lawyer may provide legal advice. Anyone can provide legal information. It is illegal for a non-licensed attorney to provide legal advice in a court of law.

An oral or written consultation about legal issues that directly affects the rights and responsibilities of the person receiving the advice, is considered legal advice.  Legal advice is the process of giving a legal opinion, regarding legal procedure in relation to a given fact or situation. Financial compensation is usually provided for the legal advice. Legal advice without any financial compensation is referred to as a pro bono consultation. There is a big difference between legal information and legal advice. For example; reading a sign that states the speed limit is 65 miles per hour is illegal information. In this case an individual is simply repeating a legal fact. Using current laws to determine if an individual is guilty of a crime; is considered legal advice, or a legal consultation. A legal consultation, is the process a licensed attorney uses to assist a client; by applying the laws to a particular incidence or situation.

A legal consultation is typically a meeting between an individual client and an attorney. During the meeting, the client tells the attorney the facts and details of their case. The attorney them gives the client their interpretation of the legal implications of the case. The attorney may also provide several possible legal outcomes to the case.  During the consultation the attorney will also let the client know the typical costs involved with the case. The attorney client relationship is formed, when the individual and the attorney decide to proceed with the case.

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Lawyers Can Do A Lot For You

SO001506Most people do not have much experience with attorneys, so if finding a good one becomes necessary they may not know where to begin. There are many good and honest lawyers available to represent you. The information in this article will help you know for sure you have found the right one.

Ask for a free consultation. Many lawyers will offer a free consultation, so you can have your questions answered. During the consultation, you can also see if you are comfortable with that lawyer. Always go to more than one free consultation so you have a good mix of lawyers to choose from.

Find out all that you can about lawyers that you are interested in. What sorts of legal organizations do they belong to, for example? Bar organizations often help to keep their members informed of the very lastest in legal news. You want a lawyer who stays abreast of current legal trends!

If you believe that you might have a legal case it is a good idea to seek a legal consult before pursuing any action. Many law firms offer a free consultation so make sure that you take advantage of this. This allows you to try out a couple different law firms before deciding on a lawyer.

A good tip if you’re looking to hire a lawyer is to try to find the right lawyer for the task you need. If you’re simply wanting to draw up a contract, hiring a big shot, corporate lawyer is probably overkill and is just going to cost you a lot more.

There are some cases where you can represent yourself without an attorney, but most of the time you should get one. There are many things that a layman does not understand about the law, which is why you should hire a lawyer. You don’t want to lose your case due to a lack of common legal knowledge when you could have hired someone.

If you have been in an accident, do not hire any lawyer that comes to you and tries to solicit your business. This is not only unethical, but it is against the law. You do not want to hire anyone to handle your legal case if you have to worry about their legal ethics.

There are sure to be questions in your mind when you search for the right attorney to represent your case. There are some basic steps you should follow when searching for good legal representation. The valuable tips listed this article will help to get you started in the right direction.

If You Need A Lawyer Read This Advice

121900788Despite the fact that our judicial system was set up for the benefit of the common people, no common person can really understand it! That’s when the assistance of an attorney proves invaluable. No matter what your reasons for needing the services for a lawyer are, the following article can help guide you through the ordeal.

If you have been accused in a major crime, you need to find a lawyer immediately. Be sure that you’re not trying to take on the case yourself, because you could end up being convicted of a crime. A lawyer has the right experience to help you in your situation.

Real estate lawyers can be a real asset when dealing with real estate issues. They’ll get the case done and over with quickly and positively.

A general practitioner is not always your best option. You might have a good lawyer you trust, but do not hesitate to hire a specialized lawyer if you need help with an issue your lawyer has no experience with. Do not hesitate to ask your usual lawyer for a referral.

It is important that the lawyer you hire is one who is experienced on the field you need help with. For instance, if you need a lawyer for a divorce, it would not be wise to hire a lawyer specializing in taxes. When you hire a lawyer familiar with the problem, you need help with, you have a better chance of positive results.

When you pick a lawyer, thoroughly look at their reputation. Looking at online reviews and the state bar association can help you see if you should choose a certain lawyer or not. This can end up saving you lots of time, money and aggravation down the road.

A good tip to remember if you’re working with a completely incompetent lawyer is to consider reporting them to the bar association. The bar association has the responsibility to punish lawyers. If your lawyer has stolen from you, committed a crime or something along those lines, you’ll want to report them to the bar association.

The legal system is supposed to serve the people, yet most of us can’t even understand the jargon used by a judge. Hiring a good lawyer is the most important part of your legal ordeal and hopefully, you have found the answers you needed within this article. A great attorney is worth his weight in gold!