Articles by author: Schonauer Law

California Statutory Marriage

By Schonauer Law on Apr 04, 2018 at 06:47 PM

California Statutory Marriage
In California, two unmarried persons 18 years of age or older, who are not otherwise disqualified, are capable of consenting to and consummating marriage.

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Common Law Marriage

By Schonauer Law on Mar 28, 2018 at 06:42 PM in What Does it Mean

In most states, to include California, marriage is defined by statute. However, ten states, and the District of Columbia, recognize common law marriages. What comprises a common law marriage differs from state to state. Generally, such marriage arises by cohabitation by persons who have the capacity to marry, who agree to be married, and who openly holding out to the world as a married couple. An agreement need not be expressed but can be implied by the conduct alone.

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What is Common Law?

By Schonauer Law on Mar 22, 2018 at 01:26 AM in What Does it Mean

Common law is best described as oral tribal justice established in England thousands of years ago that continues to this day. Prior to the common law was the Anglo-Saxon law consisting of the written laws promulgated by the King, written statements relating to custom contained in such books as the Domesday Book or Book of Winchester, and other written legal rules and enactments. The common law of England was largely created in the period after the Norman Conquest of 1066.

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Federal judge bars enforcement of plan to ban transgender people in the military POSTED OCTOBER 30, 2017, 12:30 PM CDT

By Schonauer Law on Oct 31, 2017 at 02:26 PM in Law News

U.S. District Judge Colleen Kollar-Kotelly issued a preliminary injunction that bans the Trump administration from implementing plans to ban transgender people in the military.

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Scope of Travel Ban Challenged

By Schonauer Law on Jul 08, 2017 at 01:56 PM in Law News

Scope of Travel Ban Challenged

On June 29, 2017, the Attorney General of Hawaii, Douglas S. Chin, asked for clarification regarding scope of President Trump's Travel Ban arguing the administration's limited definition of close familial relationship may be in violation of the Supreme Court's injunction. US District Court Judge Derrick K. Watson denied the request because Plaintiffs seek clarification of an injunction authored by the Supreme Court and therefore clarification should be sought there. Yesterday, Friday, the U.S. 9th Circuit Court of Appeals also refused to expand those exempt from President Trump’s travel ban, suggesting the order was procedural defective because the Supreme Court is the proper court to file a request for clarification.

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Supreme Court Narrows Scope of Injunction

By Schonauer Law on Jun 26, 2017 at 06:12 PM in Law News

Today, the Supreme Court narrowed the scope of the injunctions against President Trump’s second executive order commonly referred to as the Travel Ban.

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The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. (US Const. amend. X).

By Schonauer Law on Feb 24, 2017 at 07:26 PM in Law News

A recent Harvard–Harris Poll reports that 80% of respondents support the president's crack down on sanctuary cities. This blog discusses the balance of power and state obligations to detain individuals for the federal government.

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Quick Primer

By Schonauer Law on Feb 07, 2017 at 10:41 PM in Law News

STATE OF WASHINGTON, ET AL.,
Plaintiffs-Appellees,
v.
DONALD TRUMP, PRESIDENT OF THE UNITED STATES, ET AL.,
Defendants-Appellants. ________________
On Appeal from the United States District Court for the Western District of Washington
Civil Action No. 2:17-cv-00141-JLR
The Honorable James L. Robart

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What is a Revocable Trust?

By Schonauer Law on Sep 14, 2016 at 09:20 PM in What Does it Mean

A Revocable Trust, or "living trust" is a trust created during a person’s lifetime, hence the terms revocable and living.

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Overtime Pay for Farmworkers

By Schonauer Law on Sep 13, 2016 at 02:17 PM in Law News

Under Assembly Bill 1066, authored by Assemblywoman Lorena Gonzalez (D-San Diego) and signed Monday by Gov. Jerry Brown, California agricultural workers will receive overtime pay if they work over eight hours a day. The new law will be phase-in over a four-year period beginning in 2019.

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