Understanding the law

Do I really need a will?
            "Is it really necessary for us to have Wills? My husband absolutely refuses to make a Will. He says that, under Georgia law, husbands and wives inherit everything from each other anyway, so why would we need Wills. Is he right?"
            If the couple have no children, then the surviving spouse does inherit everything from the first to die. However, the cost of preparing a Will and probating it after death is much less expensive than administering an estate where there is no Will. And what about the property left behind after both have passed away. A properly drawn Will let’s you decide who eventually receives your possessions. Without a Will, a Court makes that decision.
            Finally, if the couple has minor or adult children, Georgia law provides that the children and surviving spouse share equally in the estate. The surviving spouse does not inherit everything from the deceased spouse unless they have Wills.
            Everyone should have a Will for these reasons and many others.

What is a Tort?
The word “tort” is derived from a Latin word meaning “twisted” or “turned aside.” Professor Jay Feinman defines “tort” in his book Law 101 as “an act that is turned aside from the standard of proper conduct.” In more practical terms, a “tort” is a wrongful act which injures another. If you punch someone in the nose without adequate provocation or cause an automobile accident, you have committed a tort. And if you have committed a tort, you may be liable for the personal or property damage you have caused to another.

Someone was hurt on my property...
            It is generally believed that if someone is injured on the property of another, the property owner is liable for damages. In actuality this may or may not be true. It depends on the circumstances and the legal status of the injured party.
                 Under the laws in the State of Georgia someone entering the property of another is legally classified as either a trespasser, invitee or licensee.
                If someone comes on your property as a trespasser, then he enters your property without your permission. Your duty to protect a trespasser from injury is only not to intentionally create a hazard. In other words, setting a booby trap for trespassers would be unlawful.
                An invitee is a person who enters your property with your permission for your benefit. For example: a customer in a retail store. The store owner’s duty to an invitee is to warn the invitee of both concealed and obvious dangers.
                Finally a licensee is a person who enters your property with your permission as a social guest. Your obligation as a property owner to a social guest is to warn of dangers or repair them. The property owner, however, is not responsible for concealed or unknown defects such as an improperly installed ceiling. If such a ceiling falls on your social guest and you did not know that the ceiling was improperly installed, then you have no liability for damages to the guest.

What should I know before signing a Contract?
                Just about every adult in Georgia will enter into a number of written contracts during his or her lifetime. We enter into contracts when we buy a car or truck, when we buy a home, and sometimes when we take a new job. There are many other contracts one might enter into, but of course there are too many to mention.
                In every contract there are general rules which a person should follow:
                -               Read and understand the contract before you sign it.
                -               Never sign a contract with unfilled blanks
                -               It is not good practice to sign a contract if the signature line is on a page by itself.
                -               Be sure that what you are buying or what you have been promised is clearly stated
                                in the contract.
                -               If there are provisions in the contract for cancellation, make sure you understand
                                what these mean.
                -               If changes are made in the contract by striking a provision and penciling in
                                another one, make sure that these changes are initialed by all parties to the
                                contract.
                -               All contracts must be dated and signed by all parties. The term parties refers to
                                buyers and sellers.
                -               Always keep your copy of the contract in a safe place. A safe deposit box at a
                                bank is the safest.
                Contracts should be in writing and in many cases the law requires that they be in writing. The primary reason for this is that the provisions of verbal contracts are difficult to prove.
                Georgia courts will presume that each party to a written contract has read the contract and understands it. It is very difficult to convince a court that a person did not understand the terms of a written contract. To the courts, the signing of a contract means that there has been a meeting of the minds. Therefore, it is very important to understand the terms of a contract before signing it.
                If you are given a contract to sign which you do not fully understand, do not hesitate to inform the seller that you wish to have your family lawyer review the contract before you sign it. Most lawyers will provide this service to you for a very nominal fee. Having a lawyer review a contract before signing it could save you money in the long run and provide you with much peace of mind.

What is Habeas Corpus?
            As an American citizen you have the right to habeas corpus. Habeas corpus is an old common law writ or legal order which commands the release of a person who is being imprisoned unlawfully. Habeas corpus is Latin “you have the body”. Your right to habeas corpus is guaranteed by Article I, Section 9 of the United States Constitution.
                A person who has been arrested and held too long without a hearing or who has been arrested on the basis of evidence which was illegally obtained or has not been granted one or more of his rights under due process of law may be freed on a writ of habeas corpus. The writ is applied for by the arrested person’s attorney. To obtain a writ of habeas corpus it is necessary to appear before the Court and set forth reasons why the detention is illegal. If the judge is in agreement, the detained person must be released.