When there’s Smoke … There’s Fire (Followed by Legislation) The dramatic footage from last weekend’s fire at the 14th floor pool of the Cosmopolitan Hotel in Law Vegas got us at Legislative Intent Service wondering whether it will spark any legislation. The fire quickly burned the decorative palm trees, that were made of highly-flammable, high-density foam and plastic. Thankfully, the black plumes looked more ominous than they really were and firefighters extinguished the fire in about 30 minutes. However, we wonder if there will be some sort of legislative or regulatory action taken regarding outdoor flammable decorations ... Read More >
Strange Signers: 3 Weird Facts About the Men Who Signed the Constitution
In the some 200 years since the Constitution was first created, there have been a total of 27 amendments. Originally, there were only 10, and the men who signed them were more bizarre than you might think. Here are just a few of the odd facts about the signers of the Constitution. A Real Ladies' Man Wrote the Preamble. Odds are you had to memorize the preamble -- you know, the bit that goes "We the people of the United States in Order to form a more perfect Union..." -- in school, but did you know that the guy who wrote it was a real ladies' man? Gouverneur Morris lost a leg in a carriage accident, so he had to wear a wooden one for ... Read More >
We’re Breaking Up: 4 Bizarre Divorce Laws You Won’t Believe Are Real
Divorce cases are rarely simple for a number of reasons, and if you do some legislative history research, you'll find that there are more than a few legal statutes out there making things more perplex. Here are just a few. Blaming a Third Party. Believe it or not, seven states including New Mexico and Mississippi have legal statutes that make it possible to blame the breakdown of a marriage on a third person, who can even be sued for huge sums of money so long as there's proof. This is called the "alienation of affection" theory. Making Divorce Illegal. In the more than 200 years since the Constitution was first created, there have ... Read More >
Criminal mayhem is no laughing matter
To the average person, being convicted of “mayhem” may sound like being caught doing something a little destructive, and maybe a little silly. After all, thesaurus.com lists serious terms such as “violence” and “anarchy” along with less weighty nouns such as “havoc,” “fracas” and “trouble” as synonymous with “mayhem.” However, as California criminal attorneys know, a charge of mayhem is no laughing matter – and a charge of aggravated mayhem, even less so. California Penal Code section 203 states: ... Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it ... Read More >
California revives old attorney sanctions statute
Late last legislative session, California lawmakers resuscitated a statute that had been dead for about 20 years. While the statute has been dormant, however, the area it dealt with is not: Bad faith and frivolous lawsuits. Last fall, Assembly Bill 2494 reinstated Code of Civil Procedure § 128.5, with some amendments, effective January 1, 2015. If you have an older codebook, you’ll note the former version of the statute is still in there, but as subdivision (b)(1) stated, it pertained “only if the actions or tactics arise from a complaint filed, or a proceeding initiated, on or before December 31, 1994.” Section 128.5 was put to rest ... Read More >
Coming In Peace: 3 Weird Legal Means of Preparing For Encounters of the Third Kind
Although the Earth has not made contact with any extraterrestrial yet, it doesn't mean governments haven't started preparing for it. Don't believe it? Consider the following. The Extra-Terrestrial Exposure Law. On July 16, 1969, the U.S. would send some of its bravest to the moon for the first time. One of the many different challenges associated with the Apollo 11 mission was the return. Who knew if the astronauts might bring back unknown microorganisms or germs? To prepare for such a scenario, the government adopted Title 14, Section 1211 of the Code of Federal Regulations, also known as the "Extra-Terrestrial Exposure Law." This had the ... Read More >