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Parents Can Be Arrested for Drunk Teen Parties
If you don't think you're responsible for underage drinking in your home, think again. Social host laws impose liability for drunk teens. In many jurisdictions, you're required to supervise any minors in your care. That includes ensuring that they don't engage in illegal behavior.
Liability doesn't end here. If you knowingly furnish teens with alcohol, or should have known they were drinking while under your care, you may be arrested.
Just ask Bill Burnett, a Stanford professor, and his wife Cynthia. While hosting a party for 40 high school students in Menlo Park, Calif., cops noticed that some teens were under the influence. They charged Burnett with 44 counts of contributing to a minor's delinquency.
You can also ask Anthony and Claire Reyes, a New York couple facing 43 counts of unlawfully dealing with children. They're accused of throwing a party for their teenage son and allowing him and his friends to drink.
Burnett says he did everything he could to ensure there was no underage drinking in his home, according to MSNBC. He even peeked in a few times and brought the teens cookies. Prosecutors still didn't think he did enough to supervise the teens, and have chosen to hold him responsible for underage drinking.
Unfortunately, these laws force parents to make tough choices. If you know your teens are going to drink, it's often better to have them and their friends do it in the safety of your home. But at the same time, there's legal liability for drunk teens.
It's ultimately your decision to make - is being held responsible for underage drinking worth the risk? Or is it less risky to let your kid go to someone else's party?
Related Resources:
- How to Avoid a DUI on Prom Night (FindLaw Blotter)
- Am I Civilly Liable for My Kids' Actions? (FindLaw's Injured)
- Dad Jailed Over Teens Drinking at His House (FindLaw Blotter)
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5 Things Everyone Should Know About Their Will
Guest post by Jennifer K. Halford, Esq.
Every time I meet with a client to discuss an estate plan I am reminded that no one likes to think about what will happen after they have passed away.
It is unpleasant to think about those difficult questions: What will happen to your family? What will happen to your home and assets? Who will take care of your business?
Because it is so difficult, I find that many people choose to avoid the tough questions. Or they copy a will that they found online because they believe that it will protect them and their family. But they may be wrong.
You may think your will protects you in ways that it really does not. So what things should you know about your will?
1. It won't keep your estate out of probate: In most instances, your heirs will have to probate your will so your assets can be distributed. Most people have to hire an attorney to help them. The probate process is expensive and lengthy. However, there are ways to avoid probate . You can use these estate planning tools in addition to your will.
2. It won't protect your health: Did you know that in some states, if you need major medical treatment and are unable to communicate, your spouse (or parent if you are over 18) cannot make health care decisions for you?
The kindest thing you can do for your family is create a living will and health care power of attorney. These documents allow you to express your medical preferences now in case there comes a time when you are unable to speak for yourself. The durable power of attorney for healthcare also allows you to designate a person who can make end-of-life care decisions for you.
3. It won't update itself : Don't throw your will in your junk drawer and forget about it. Review it annually to ensure that your executor and beneficiaries are correct.
4. It may not be the best way to transfer your business : There are a number of succession planning strategies for small businesses that you should consider to limit unnecessary gift and estate taxes.
5. It may cost your estate money: An attorney will likely need to be hired if your will goes through probate. In fact, administration of your estate in general may cost money. The proceeds from a life insurance policy can help offset these costs.
Jennifer K. Halford is an attorney whose practice focuses on business law and estate planning. She is also a professor at California State University, Chico, where she teaches Entrepreneurial Law.
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$500K Loan to Medical Pot Company Not Enforceable: Judge
Don't lend money to a medical marijuana company. Don't even contract with a medical marijuana company. If a recent Arizona case is any indication, it's a pretty bad idea.
A state judge has dismissed a lawsuit brought by two individuals who lent a Colorado medical marijuana company $500,000. Michele Hammer and Mark Haile sued the company, Today's Health II, after it failed to repay the loan and interest fees.
Unfortunately, the judge has refused to enforce the underlying contract.
You see, contracts that have an illegal purpose or that violate public policy are generally not enforceable. The lenders' medical marijuana contract was technically an agreement to finance the sale and distribution of marijuana in Colorado.
Though medical marijuana is legal in both Arizona and Colorado, it is still prohibited by federal law. Judge Michael McVey also noted that it is unlawful to aid and abet the commission of federal crime. Giving Today's Health II money to build their medical marijuana businesses was technically aiding and abetting.
Judge McVey also ruled that Michele Hammer and Mark Haile could not recover on the theory of unjust enrichment. This is an equitable remedy that allows plaintiffs to recover their property when the other party unjustly benefits from its use. It is not available to plaintiffs when the agreement at issue violates public policy.
If this ruling stands, and if other courts in other states agree with it, anyone who enters into a contract with a medical marijuana business is at risk. It could be applied to sales contracts, leases and even customer purchases. This would be bad for all the medical marijuana users out there.
Related Resources:
- Contracts with medical marijuana companies unenforceable, Arizona court rules (NewsCore)
- Will Your Contract Be Enforced Under the Law? (FindLaw)
- Which States Have Medical Marijuana Laws? (FindLaw's Law & Daily Life)