What is the legal status of surrogacy? The legal status of surrogacy varies from one jurisdiction to another. In some countries, surrogacy is entirely legal and regulated, while in others, it may be banned or heavily restricted. Some places allow only altruistic surrogacy (where the surrogate is not paid beyond expenses), while others allow commercial surrogacy (where the surrogate is paid for carrying the child). Who has parental rights over the child? Parental rights can be complex in surrogacy cases. In some jurisdictions, the intended parents are automatically recognized as the legal parents, while in others, the surrogate may retain…
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1. What is spousal maintenance? Spousal maintenance, also referred to as alimony, is the payment of money by one spouse to another after a divorce or separation. It is intended to enable the lower-earning spouse to maintain a standard of living similar to that enjoyed during the marriage. 2. Who is eligible for spousal maintenance? The spouse who is financially dependent on the other may be eligible for spousal maintenance. The court considers factors such as the recipient’s need for support, the payer’s ability to pay, the length of the marriage, and the recipient’s capacity to support themselves. 3. How…
1. What is criminal prosecution? Criminal prosecution is a legal process wherein the government or state files a charge against a person or group that has been charged with a crime. In prosecution, one intends to prove before the court that the accused violated criminal laws and ought to be punished, such as through penalties including fines, imprisonment, or community service. 2. Who shall prosecute the case? A criminal case is usually prosecuted by a prosecutor, often referred to as the district attorney (DA) or public prosecutor. Usually, the prosecutor is representing the government or state and not the victim…
1. What are sentencing guidelines? Sentencing guidelines are a set of rules and standards established by law that judges use to determine the appropriate punishment for criminal offenses. They help ensure consistency and fairness in sentencing. 2. Who creates sentencing guidelines? Typically, legislative bodies such as Congress or state legislatures, or sometimes even a sentencing commission appointed by the government, are the entities responsible for drafting the guidelines for sentencing. In the federal system, it is the United States Sentencing Commission that drafts the guidelines. 3. Are sentencing guidelines mandatory or advisory? In the federal system, guidelines were mandatory until…
1. What is a criminal appeal? Answer: A criminal appeal is a legal process where a convicted defendant appeals to have a higher court review the decision of a lower court. Such an appeal is based on claims that legal errors were made during the trial which affected the verdict or sentencing. The appellate court does not retry the case but reviews the trial record to determine if the law was correctly applied. 2. Who can file a criminal appeal? Answer: A criminal appeal can be filed by the defendant (the person convicted) or, in some cases, the prosecution. However,…
What are the types of evidence that can be presented in court? This includes physical evidence (e.g., weapons, fingerprints), documentary evidence (e.g., records, contracts), testimonial evidence (witnesses), and demonstrative evidence (e.g., photos, charts). What is the difference between direct and circumstantial evidence? Direct evidence directly proves a fact (e.g., eyewitness testimony), while circumstantial evidence requires an inference to establish a fact (e.g., fingerprints at a crime scene). What is the chain of custody and why is it important? Chain of custody refers to the documented history of evidence from collection to presentation in court. Its integrity ensures evidence hasn’t been…
Corporate tax compliance, therefore, relates to the practice of businesses maintaining compliance with laws, regulations, and reporting requirements set by governmental authorities. Examples include filing taxes, paying tax, and other financial record keeping. Which taxes are corporations to pay? Most of the taxes, such as corporate income tax, sales tax, payroll taxes on their employees, excise taxes, and property taxes, that the corporation must pay depend on the jurisdiction where they operate. What are the specific corporate tax requirements to file annually? Corporations need to include filing tax returns, providing any financial statements when necessary, declaration of income as well…
What is a shareholders’ agreement? It is a shareholders’ agreement that constitutes a contract among the shareholders of a company in which they clearly detail the rights and obligations of shareholders and the methods of managing the company. Why is a shareholders’ agreement important? It explains key issues in decision-making, ownership rights, dividend distribution, and the transfer of shares that can prevent shareholders from engaging in conflicts. Who should sign a shareholders’ agreement? All shareholders in the company, including any potential investors, should sign the agreement. What are the key components of a shareholders’ agreement? Key components often include governance…
1. What are the various types of corporate contracts? Corporate contracts come in many shapes and forms depending on the type of business relationship. The common types include: Sales and Purchase Agreements: These define terms of buying and selling goods or services. Employment Contracts: These define terms of employment and relationship between the employer and the employee, including the job duties, compensation, and benefits. Non-Disclosure Agreements (NDAs): These protect confidential information between parties. Partnership and Joint Venture Agreements: The terms of co-operation between two or more parties. Leases and Real Estate Contracts: For renting or selling property. Service Contracts: Specify…
What type of business entity should I form? Entrepreneurs are interested in understanding the difference between LLCs, corporations, S-corporations, partnerships, and sole proprietorships in terms of choosing the best one to minimize liability protection, maximize tax benefits, and ensure management structure. What are the advantages of incorporation? They ask questions like, What are the advantages of incorporation in terms of limited liability, tax advantage, credibility, and the raising of capital?. How do I select a name and register a business? An entrepreneur must learn how to identify a good name, check for trademarks, and register it with the state or…