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Dotal Not Dotage Sometimes the law is so very, very quaint. Many are the terms derived from old phrases and concepts. They are arcanities really, but serve the members of the bar well when they can toss them about in the course of a day's practice of law.

Which little diversionary opening brings us to today's legal concept. Which is Dotal Property.

In essence this is that property brought into a marriage by the wife. It probably has some connection to dotage (old age and infirmity), a condition that I seem to be rapidly approaching. But I cannot confirm that.

Anyhow, if things don't work out and a divorce ensues, the wife is entitled to get back such property before the marital property is divvied up. (Hubby actually gets his property back too, but we chose for reasons we shan't go into not to reveal the name of that property today.)

The Judge Has Power Because We Say He Has Power

There is an interesting trend gaining increasing acceptance in the world of litigation. High powered, well-heeled litigants are choosing their own judges to settle civil disputes.

If you recall from way back, civil matters are disputes between individuals in which the state has no interest. There are Civil Courts which handle such matters but don't necessarily have to.

With more frequency than ever before, such combatants are choosing to avoid the court system altogether by agreeing on a Private Judge to decide the dispute between them. Normally the "Judge" wouldn't have any power or authority over the situation. But does so here because the opposing sides have conferred said power and agree to abide by the decision rendered.

This is an example of Prorogated Jurisdiction. (And a mighty fine one if we do say so ourselves.)

Buy-Sell Agreement

A while back we represented two fellows who set up a rather unique business, brokering the repair of expensive hydraulic mining equipment. Their profits were increasing rapidly with each passing month. There was nobody else doing the same kind of stuff in seven surrounding states.

Since they didn't do anything except find the machines and get them to a repair shop, they were warned of the pitfalls of their arrangement. They were implored to enter into a Buy-Sell agreement between themselves, in case one of them was lured away with the business.

Sure enough it happened. The repair shop hired one of the guys to work directly for it, much to the other fellow's chagrin.

Buy-Sell Agreements are simply contracts between people in business together that set out the parameters of what happens if somebody wants out or passes away.

You Proved Nothin': The Directed Verdict

Just because a piece of litigation ends up in trial before a jury does not mean the jury is going to decide the case.

There are laws that apply to every situation that is litigated. To prevail, a party must prove the other somehow was in violation of the applicable law and standards. If the Plaintiff -- the party filing the suit -- fails totally to present facts meeting that burden of proof, or if the Defendant -- the party being sued -- presents no defenses to the facts proven, the Judge may render a Directed Verdict.

In essence, by doing so, the Judge is ruling one side failed to prove its case, and there is nothing for the jury to decide

Disclaimer: These legal tips are provided for educational and entertainment purposes only. Laws and the application thereof differ from jurisdiction to jurisdiction. Do not rely on these tips as legal advice. If you have a specific legal problem or inquiry, contact your own attorney.




Busy executive exclaims: "This completely changed my life! My husband and I are acting like schoolkids!"

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article of incorporation for pennsylvania