#legal research and writing

[draftncraft12]

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[malfiora]

doing research for an AU and wanted to share the goodies in case anyone else was interested.

According to New Jersey law:

To become a legal guardian, one must apply, pass a background check, pay the court filing fee, and show up in court. Guardianship is eligible if the person being cared for is a child whose parents/family can't care for them (newest version of this: kinship legal guardian) or an adult is incapacitated. (More here)

Kinship legal guardians (KLGs) cannot replace parents, who still retain custody and visiting rights and are obligated to financially support their child. On the other hand, adoption means the adopter completely replaces the birth parent(s) for custody. (Even more here) Both biological parents must consent to the adoption, except for the bio dad if he is unaware of the child or does not have a legal commitment to the child. (Yes, more here)

Some interesting points:

Parents retain the right to visit their kids with a KLG and are still responsible for child support for them.

If a child is adopted, they may no longer be eligible for inheritance from their birth/former parents.

KLGs are not allowed to change their child's name; adoptive parents are.

KLGs have to have some connection to the child's family and/or a positive relationship with the child, and have lived with the child for 12 months.

Both guardians and adoptive parents are eligible to government financial support.

Since Bruce never adopted Dick and he's often described as Bruce's ward, Bruce was likely just appointed Dick's legal guardian until he was 18 👌🏾

By NJ law, Bruce wouldn't have been able to adopt Tim, Steph, or Cass since their living parents could or would not consent to it 🙅🏾‍♀️

EDIT: Bruce could (and did) adopt Tim after his parents died/were incapacitated, and Cass probably doesn't even legally exist sooooo

Jason and Duke are fair game 👍🏾

And Damian comes with a no-return policy ❤️

[belle-keys]

some light evening reading

[compacflt]

Fully support your desire to cut down on the extras as they're already so long, but as someone who was also looking forward to the sickfic section and is sad to hear it's been taken out, I will simply have to ask you about it instead! First off the discussion of home in the snippet you shared was delicious - when do you think Mav started thinking of the house as 'their' home? And Ice taking Mav to the hospital has a lot of crunch there around how they're seen and how they act in public, especially if Ice was worried and Mav was kind of out of it. Do you think Ice would have taken Mav in to the hospital if he'd really been spiking a fever and decided he needed it? How would he explain themselves? And I suppose a separate, related question: who are their official next of kin/emergency contacts?

the reason i got rid of the sickfic is cause all those questions were answered better elsewhere in the extras ❤️

i was kind of annoyed that the house inconsistently appears to be the property of whomever the plot calls for at the moment -> another reason to cut the sickfic

Yes Ice would take mav to the hospital. it happens elsewhere LOL, maverick is extremely incident-prone

obviously a fun surfing injury with friends != the sickfic’s ice taking “a friend” to the hospital in the middle of the night for dangerous levels of illness-related dehydration… implies familiarity, intimacy above everyone else… the hospital staff would probably assume they’re together, yes, & i don’t think ice would challenge that at all, especially if he had to make sure all the paperwork was filled out right. just not worth the effort. “is there anyone else we should call for mr mitchell?” / “Um no. Just me.” Yeah i took him to the hospital at 4am bc i love him and im worried about him what r u gonna do about it 🤨 violate his hipaa rights? It’s 2009 gay people exist grow up🙄 hospital staff isn’t gonna tell anyone, so who cares

(Luckily for ice in the sickfic he didn’t have to take mav to the hospital)

the point of the sickfic was to establish a precedent for one of them voluntarily taking care of the other who is unable to take care of himself, to set up the parallel of maverick taking care of Ice when he Really gets capital-s Sick. but then i still can’t bring myself to write ice actually being capital-s Sick because i have some weird neurosis where i simply dislike thinking about ice (powerful guy) being helpless or incapacitated or, um, dead. so the mav-sickfic isn’t really relevant anymore because i haven’t written (and never plan on writing, besides that one half-assed one-shot) the corollary ice-sickfic. so the sickfic became the Nixed-fic ❌

And according to this wip wednesday snippet, they are each other’s emergency contacts. don’t ask me how that works or how they figured that out, idk. some stuff you do have to talk about for logistics purposes i guess. which is kind of the point of all the house-related/money-related discussions I’ve written throughout my fics—they Have to talk about the logistics because that’s real life. But they don’t INTERPRET those logistics or assign them a normative value.

for instance debriefing presents (maverick’s) death & taxes as the only two things that ever get them to actually talk to each other lol. logistics become a vessel through which they can talk about their situation without actually talking about it. The state of being each others emergency contacts might be a death-and-taxes discussion—acknowledging permanence without acknowledging permanence

[matan4il]

Okay, so IDK what the context is for this interview. I also have no idea why the interviewers were so vulgar and rude in the bits that I saw. I do think Mile was visibly uncomfortable in at least two points along the interview, and that’s why I decided not to post the full original I came across.

I did want to figure out when this interview was conducted, more or less. In one of the other bits, Mile mentions he’s going to be a part of a horror movie. I checked it out, and by the looks of it, the film was never completed, but they did start filming in early June 2019. So I think this interview probably took place around that time.

In any case, while most of the interview made me go WTF at the hosts, I hope you will enjoy the two bits I liked, where Mile was giving off some really cool vibes of not caring if what he was saying was outrageous. Stan a confident, unafraid king!

Also, yes. Because I AM that language geek, I checked. Rab in Thai means (literally) ‘receive.’ As a sex term, it does refer to a bottom.

[gracehosborn]

… The [Law] Register [of Alexander Hamilton, 1795-1804] is the first document of its kind made available in printed form and copiously annotated. Some readers will use the Register for information on a particular case or cases or for bibliographical aid in exploring court records. Apart from such use the document in its totality uniquely illuminates the practice of law during a formative period in legal development and growth of the bar in the State of New York.

Source: Hamilton, Alexander. The Law Practice of Alexander Hamilton, Documents and Commentary: Vol. V Ed. Goebel, Julius Jr., Smith, Joseph H. Columbia University Press, 1981 pg. 8 [Link Here]

And one reader will use the Register to outline part of a historical fiction epic. Definitely the unconventional answer.

[wandering-tides]

Help me out here a bit y'all...

I am writing a research paper thats gonna be graded,,, so I need this for research purposes.

Please reblog and vote

Help a poor college student

*flops tiredly*

[thecrimsonmonarch]

This might be a shot in the dark, but is there anyone i can ask about divorce in New York around 2006? Does anyone remember how long the whole process took back then? I can't seem to find an estimate online :/

[sharpestsatire]

starting writing a new fanfic like

[softcatullus]

raising my hand! professor dannie please tell me what organizational standing to sue is

okay this paper is due in approx. fourteen hours and i haven't finished writing/started editing yet so im using u as a warm-up thanks

in the u.s., in order to have standing (the ability) to sue in federal court, you have to have an actual "case or controversy." that means you have:

have suffered an injury in fact that is concrete and particularized + actual or imminent (basically that is real and happened to you)

which is causally connected to the thing you're suing about

and which will be fixed if the court finds in your favor

okay. that's standing for individuals.

for organizations you've gotta expand on element #1 a bit. for an organization to have an injury in fact, they need to have suffered

a frustration of purpose (basically that the organization can't fulfill its mission)

AND/OR (depending on what circuit court you're in) a diversion of resources (taking money/time/attention/etc. away from other programs the organization has)

cool? in my paper i've got basically four sections. (1) whether you need both frustration and diversion [i argue you only need one] (2) why my fake organization proves a frustration (3) why pre-litigation expenses [like... paying for a lawyer or prepping materials before actually suing] should count as a diversion of resources [there's a circuit court split on this too] and (4) why my fake org. proves a diversion

sooo yeah. this is about a semester and a half of research + 20 pages of legal writing shrunk into a tumblr post lmao. if for some godforsaken reason one of y'all knows about organizational standing and you want to correct me on something, please feel free.

+ thanks for letting me ramble <3!!

[vanilla-voyeur]

If you are 18 years or older and you have any kind of opinion about what happens after you die to either or both of:

Your assets

Your remains

then you should write a will.

Even if you don't have assets, if, for example, you are trans and any relative by blood or marriage has an unsavory opinion on what name goes on your tombstone or what clothes you wear in your wake, you need a will.

Writing a will is not too expensive for you to afford. You can write a will for free: https://www.freewill.com/

If you're assuming your assets will go to the person you want them to or your remains will be handled by the person you want them to, no they won't. You don't understand the law as well as the lawyer that relative you hate will get and you don't know the future well enough to know that your next of kin won't die in the same untimely accident you do.

If you're old enough to legally write a will, then you're not too young to write a will. There's no age too young to have an unpredictable accident. And it'll be easier to update your will when you're older and richer and closer to dying of old age if you start now.

Write a will.

[cannedkopi]

me, ranting to my husband about how I cannot find any information on the internet about how Gretna Green marriages were proven once the married couple returned to England: There is nothing! I mean, did the blacksmith sign some sort of certificate? Did they need to register the marriage in the parish? Every damn article ends at "and they were married over the anvil"!

my husband: Aweee... You are applying your Prussian legal system to common law. That will never work.

me: *glares*

[ragnar0c]

The influence Claymore had on me...

Making an outcast main character who seems uber powerful but then shes actually not nearly as powerful as the masters...

[madame-fear]

If you kill William and Harry you have to kill George, Charlotte, Louis, Archie and Lilibet too or else your child will still be 6th in line of succession

Do we have to kill Camilla, Catherine and Meghan too? 🤔

[upsidedowngrass]

wheres liam gets home fic . wheres liam recovery .. please

[scarletiswailing347]

so the thing about redwood To Me is that they dont really seem like the traditional domestic partnering type of husbands, lorewise the closest real life equivalent to what they had in last life is the common law marriage -- which is fine until you consider the fact that common law marriages have no real legal standing beyond like financial negotiations Maybe (some usa states give financial protections to common law couples but in england, aka where mumbo and martyn live, common law marriages are practically an aesthetic addition legally speaking and get no protection whatsoever except maybe when they get joint back accounts but you can get those even without getting married i think)