LGS-200-001 Final Notes

What is Domestic Relations Law?

The area of law governing relationships between individuals, including family law and domestic violence.

What is interpersonal violence?

Violence between partners in a dating relationship.

What constitutes Domestic Violence?

Abusive behavior toward someone with whom one has a familial or household relationship.

Who qualifies as a family member under Domestic Violence law?

Spouse, former spouse, grandparent, grandchild, parent, adult sibling, child, stepchild, or any person living in the same household.

What types of relationships qualify for a Domestic Violence Order (DVO)?

Family members, members of an unmarried couple, or a child living with unrelated guardians.

What is an Interpersonal Protective Order (IPO)?

A protective order for partners in a dating relationship or individuals in platonic relationships.

What is the standard of proof for criminal Orders of Protection?

Beyond a Reasonable Doubt.

What types of protection orders are available in Kentucky?

Emergency Protective Order, Temporary Protection Order, Restraining Order.

What is the standard of proof for civil Orders of Protection?

Preponderance of the Evidence.

What is a legally enforceable contract?

An agreement between two or more parties that is evidenced by bargained-for consideration.

What are the elements of contract formation?

Mutual acceptance (offer and acceptance) and bargained-for consideration.

What does legal capacity mean in contract law?

The ability to competently enter into an agreement.

Who are considered legally incompetent individuals?

Individuals who cannot understand or comprehend the nature of the transaction, such as those with Alzheimer's or dementia.

What is the statute of frauds?

A rule requiring certain contracts to be in writing to be enforceable.

What contracts must be in writing according to the statute of frauds?

Contracts involving marriage, contracts that cannot be performed within one year, land-sale contracts, contracts involving personal representation, guaranty contracts, and sale of goods over $500.

What is an offer in contract law?

An objective manifestation of willingness to enter into a bargained-for exchange.

How can offers be terminated?

By lapse of time, rejection, counteroffer, or revocation.

What is an option contract?

A contract to leave an offer open in exchange for consideration.

What is consideration in contract law?

Something promised (goods/services) and bargained for by the other parties.

What is acceptance in contract law?

An objective manifestation by the offeree to be bound by the terms of the offer.

What happens if acceptance does not match the offer?

It is considered a counteroffer.

What constitutes a breach of contract?

When a party has not fully performed their obligations.

What are some remedies for breach of contract?

Specific performance, money damages, and rescission.

What does the remedy of specific performance require?

It requires a defaulting party to perform the promises made in the contract.

What is the goal of monetary damages?

To place the injured party in the same situation they would be in if the contract had been performed.

What is the goal of rescission?

To put the injured party in the position they would have been in had the contract not been entered into.

What is Life Planning?

The ability to talk to a professional regarding your goals, concerns, assets, and family structure.

What is a Power of Attorney?

A legal document that allows a trusted person (agent) to make financial and legal decisions on behalf of the principal.

What are the types of authority a Power of Attorney can grant?

Limited or general authority.

What is a Durable Power of Attorney?

A power of attorney that remains effective before and after the principal becomes incompetent.

What is a Non-Durable Power of Attorney?

A power of attorney that is effective only until the principal becomes incompetent.

What can an agent do under a Power of Attorney?

Take any action permitted in the power of attorney; acts are binding on the principal.

What happens when the principal becomes incompetent?

The power of attorney remains effective if it is durable.

What is a Living Will?

A medical document expressing how you want to be treated during certain medical circumstances.

What is Life-Prolonging Treatment?

Any medical procedure that serves only to prolong the dying process.

What is a Healthcare Surrogate?

A durable power of attorney specifically for medical treatment decisions.

Who can make a Living Will in Kentucky?

Any person over the age of 18 with the ability to make and communicate healthcare decisions.

What are the statutory requirements for a Living Will in Kentucky?

It must be in writing, dated, signed, and either witnessed by two adults or notarized.

Why would someone create a Living Will?

To communicate their end-of-life wishes and relieve emotional burdens on healthcare surrogates.

What is a Last Will and Testament?

A legal document that provides for the distribution of property owned by the testator at death.

What happens if someone dies without a Last Will and Testament?

Kentucky law dictates how the property is distributed to surviving heirs.

Who can write a Last Will and Testament in Kentucky?

Any person who is of sound mind and at least eighteen years old.

Is a Last Will and Testament written under duress valid?

No, any pressure or coercion invalidates it.

Does a Last Will and Testament need to be in writing?

Yes, due to the Statute of Frauds.

What is a Trust?

A legal document created by someone who transfers property to another person for the benefit of a third party.

Who can create a Trust in Kentucky?

Any person who is of sound mind and at least eighteen years old.

What are the parties involved in a Trust?

Settler, trustee, and third party (beneficiary).

Does a Trust have to be in writing?

Yes, due to the statute of frauds.

What should go into a Trust?

Details on property held, distribution timing, testator, beneficiaries, and lawful purpose.

What are the two most common life planning trusts?

Living trust (intravenous trust) and post-mortem trust (testamentary trust).

What is an Expungement?

A legal process to remove a conviction or arrest from public records.

Why would you want to get an expungement?

To make it easier to gain employment, regain certain civil liberties, and gain access to government benefits.

Which states do not offer an expungement opportunity?

Wisconsin, Hawaii, Alaska, and others.

Are expungements available for federal criminal charges?

There is no general federal expungement statute, and federal courts have no inherent authority to expunge records of valid federal convictions.

What criminal charges can be expunged?

No relief, misdemeanor relief, misdemeanor and felony relief, broader felony and misdemeanor relief.

Does an expungement order remove a criminal charge from public record?

No, it does not privatize criminal activity.

Is an expunged criminal charge completely destroyed?

It depends on the state; in most states, it is 'erased', while in some states, it is 'sealed'.

What is the first step to request an expungement in Kentucky?

Obtain a certification from the Kentucky State Police.

What is the next step to request an expungement in Kentucky?

Prepare a petition for expungement and file it within 30 days of receiving your certification.

Where is the appropriate venue to file your expungement in Kentucky?

In the county where the criminal case occurred.

What happens after the expungement is filed in Kentucky?

A hearing will be set.

What happens at the hearing in Kentucky?

The judge will review the Expungement Eligibility Certification and the Petition for Expungement.

How many misdemeanor offenses can you expunge in Kentucky?

If eligible, there is no limit to how many misdemeanors someone can expunge.

When is a misdemeanor offense eligible to be expunged in Kentucky?

If it was not a sex offense, the person has not been convicted of a felony or misdemeanor in the past five years, and no pending proceedings exist.

How many felony offenses can you expunge in Kentucky?

One statewide.

When is a felony offense eligible to be expunged in Kentucky?

If it is a class D felony, not a DUI, domestic assault, or other specified offenses, and the person has not been convicted of a felony or misdemeanor in the past five years.

Does someone need to file an expungement if they were found not guilty of the crime in Kentucky?

It depends; offenses after July 13, 2020, are automatically expunged, while those before require a petition.

Is there an alternative to expungement?

Yes, an executive pardon.

Where does the federal executive pardon come from?

The Constitution, Article II, Section 2.

Can you be pardoned from a state criminal conviction?

It depends on the state's constitution/laws.

What is a tort?

A civil wrong for which the victim receives relief in the form of a remedy.

What is a civil wrong?

Behavior that courts and/or legislatures have deemed to be actionable.

Who are the parties in a tort?

Plaintiff (the person who initiates the lawsuit) and Defendant (the person being sued).

What happens when a defendant is held liable?

They must provide the plaintiff with relief in the form of a remedy.

What is the plaintiff seeking out of a civil case?

Usually seeking an injunction or damages for injuries suffered due to the defendant's conduct.

What is an injunction?

An order that restrains a person from beginning or continuing an action threatening or invading the legal rights of another.

What are the three main types of injunctions?

(Information not provided in the text.)

What are permanent injunctions?

Injunctions that last until a future order occurs.

What are preliminary injunctions?

Injunctions that last until the case finishes.

What are temporary injunctions?

Injunctions that last for a specific amount of time set by the court.

What are damages?

The remedy that a party requests the court award to make the injured party whole.

What are the big three types of damages?

Nominal, Compensatory, and Punitive damages.

What are nominal damages?

A trivial sum of money awarded to the plaintiff to commemorate winning the case.

What are compensatory damages?

Damages based on the proven harm, loss, or injury suffered by the plaintiff.

What are punitive damages?

Damages used as punishment for recklessness or intentional behavior.

Are tort and criminal cases separate?

Yes, they are handled in separate proceedings.

If found not guilty of a crime, can you still be held liable in tort?

Yes, as in the case of OJ Simpson.

Where does the law come from in torts vs. crimes?

Torts come mostly from case law, while crimes are mostly statutes.

Is a breach of contract a tort?

No, it is a civil action but not a tort.

What is the primary difference between tort and contract law?

The existence of a contract.

What remedies are included in contract law?

Specific performance and recission & restitution.

What does tort law focus on?

Socially unreasonable conduct that is harmful.

How does a court determine if a defendant was acting unreasonably?

By weighing behavior against what a reasonably prudent person would have done.

Who decides what a reasonably prudent person would have done?

The jury.

Is the reasonably prudent person standard objective or subjective?

Objective.

What is the public policy behind the creation of torts?

To protect society's interests and goals.

What is ethics?

A discipline that deals with what is good or bad and the moral obligations that arise from it.

What is Legal Ethics?

The major professional responsibilities followed by legal professionals.

What are the Model Rules of Professional Conduct?

A set of rules outlining ethical principles for legal professionals.

Do members of the Kentucky Bar have to take an ethics exam?

Yes, except for Wisconsin.