What Are the Grounds for Divorce in New Mexico

In New Mexico, divorces can be granted on both no-fault and fault-based grounds. The state primarily recognizes no-fault divorces, where couples cite irreconcilable differences as the reason for ending their marriage. This approach eliminates the need to prove wrongdoing by either spouse, making the process more straightforward.

Fault-based grounds, while less common, include adultery, abandonment, cruel treatment, or incompatibility due to substance abuse. These cases typically require proof of the alleged behavior, which can make the process more contentious and lengthy.

For those navigating divorce, understanding these distinctions is crucial. More information on self-representation in divorce cases is available through the New Mexico Second Judicial District Court’s Family Law Division.

Uncontested vs. Contested Divorce in New Mexico

In New Mexico, divorces fall into two main categories: uncontested and contested.

An uncontested divorce occurs when both spouses agree on all major issues, such as property division, child custody, and support. This type of divorce is typically faster, less expensive, and less stressful, making it an ideal option for couples who can communicate and compromise effectively.

A contested divorce, on the other hand, arises when spouses cannot reach an agreement on one or more issues. These cases often require court intervention and can become time-consuming and costly due to legal disputes and extended negotiations.

Each approach has its own set of challenges and advantages, depending on the relationship dynamics and complexity of the marital assets. For a more detailed overview of divorce laws and guidance, visit WomensLaw.org’s New Mexico Divorce page.

Understanding these distinctions can help spouses choose the best path for their unique circumstances.

What Type of Lawyer is Best for Divorce

When navigating a divorce, it’s crucial to hire a lawyer who specializes in family law. These attorneys have extensive experience handling matters like property division, child custody, and spousal support, ensuring your case is managed with expertise and care.

Look for a lawyer who is communicative, empathetic, and well-versed in New Mexico’s divorce laws. If you’re in the area, consider consulting divorce lawyers in Albuquerque to gain insights tailored to your specific needs. Choosing the right attorney can make a significant difference in achieving a fair and efficient resolution.

How the Divorce Process Works in New Mexico

Navigating the divorce process in New Mexico involves several key steps:

1. Meet Residency Requirements: Either spouse must have lived in New Mexico for at least six months before filing.
2. File a Petition: The divorce process begins with filing a petition for dissolution of marriage in the appropriate district court.
3. Serve the Other Party: The petition must be served to the other spouse, who has 30 days to respond.
4. Financial Disclosures: Both parties must provide a full disclosure of assets, debts, and income.
5. Negotiate Terms: Issues like property division, child custody, and support are negotiated, often with legal or mediation assistance.
6. Court Approval: If terms are agreed upon, the court reviews and finalizes the divorce. Contested cases proceed to trial.

The timeline varies but typically ranges from a few months to over a year, depending on complexity and agreement between the parties.

How to File for Divorce in New Mexico

Filing for divorce in New Mexico requires careful attention to procedures and documentation. Here’s an overview:

1. Verify Residency Requirements: At least one spouse must have lived in New Mexico for six months and have a current domicile in the state.
2. Prepare Documentation: Key forms include the Petition for Dissolution of Marriage, which outlines the grounds for divorce and requests related to property division, child custody, or support.
3. File the Petition: Submit the completed forms to the district court in the county where either spouse resides. Pay the required filing fee, or request a fee waiver if eligible.
4. Serve the Other Spouse: Provide a copy of the petition and summons to your spouse, ensuring proper legal service.
5. Await Response: The served spouse has 30 days to respond, initiating either an uncontested or contested process.

For additional guidance, local legal resources or family law attorneys can provide support.

FAQs

What is a Wife Entitled to in a Divorce in New Mexico?

In New Mexico, marital property is divided equally between spouses under community property laws. This includes assets and debts acquired during the marriage. Entitlements may also include spousal support (alimony) based on factors like income disparity and marriage duration. To learn more about property division and support, consult with a family law attorney or refer to local resources for guidance.

Does it Matter Who Files for Divorce First in NM?

Filing first generally has no impact on the outcome of the divorce. However, the petitioner (the person who files) may have a slight procedural advantage, such as controlling the timeline and the ability to present their case first in court. Regardless, the court prioritizes fairness and legal standards over filing order.

Who Keeps the House in a Divorce in NM?

In New Mexico, the marital home is considered community property and is subject to equitable division. Courts may award the home to one spouse, with compensation to the other, or require its sale and the division of proceeds. Factors influencing decisions include financial contributions, childcare responsibilities, and housing needs post-divorce.

How Long Does a Divorce Take in New Mexico?

The duration of a divorce in New Mexico depends on its complexity. An uncontested divorce may finalize within a few months, while contested cases can take a year or longer due to litigation and negotiation. Timelines also depend on court availability and the level of agreement between spouses on key issues.

Conclusion

Navigating the divorce process in New Mexico can be challenging, but understanding the laws and available options can make it more manageable. Whether pursuing an uncontested or contested divorce, seeking guidance from an experienced family law attorney ensures your rights are protected. By staying informed and proactive, you can achieve a resolution that sets the foundation for your next chapter. For more resources and support, explore local legal assistance tailored to New Mexico residents.

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The Importance of Legal Support for Business

Legal support for businesses is crucial, especially in the context of a complex and ever-changing regulatory environment. Lawyers not only assist in resolving emerging issues but also in preventing potential risks, ensuring that the company’s operations comply with international laws and regulations. Neglecting legal advice can lead to unpredictable consequences, such as the loss of contracts, legal disputes, or even the closure of the business. Therefore, it’s important to understand when to seek legal counsel and how preventative measures can protect your business from legal risks.

When to Consult a Solicitor

In instances where specialised legal assistance is required, it is advisable to seek the services of Anatoly Yarovyi, a solicitor from the law firm Interpol, who has considerable experience in the field of international law. The decision to pursue legal intervention should be made considering a variety of factors specific to your business’s operations. In certain situations, legal support is not only desirable but essential.

Starting a business or entering new markets

Starting a business or entering new markets requires thorough legal groundwork. Legal advice is essential for choosing the most suitable business structure, registering the company, preparing foundational documents, and ensuring compliance with the regulatory requirements of the country where you plan to operate. It’s also important to consider international aspects, such as tax regulation, intellectual property protection, and adherence to international treaties.

Drafting or reviewing contracts

Drafting and analysing contracts are key areas where legal support plays a crucial role. Contracts must be drafted with all legal nuances in mind, including the obligations of the parties, termination conditions, and dispute resolution procedures. An international lawyer can help avoid hidden risks that could lead to financial losses or legal disputes. Special attention should be paid to international contracts, where it’s necessary to consider differences in legal systems and requirements.

Intellectual property protection

Protecting intellectual property is one of the most crucial aspects that requires legal intervention. Whether it concerns patenting, trademark registration, or copyright, legal support ensures that all procedures comply with legislation and protects your innovations from unlawful use. In the context of globalisation, intellectual property becomes a valuable asset, and its effective protection necessitates knowledge of international standards and practices.

International trade

International trade is fraught with numerous legal risks associated with customs regulations, compliance with international sanctions, and licensing requirements. An international lawyer specialising in international trade can assist you in properly handling export-import operations, avoiding fines and sanctions, and ensuring compliance with all international requirements. Furthermore, it’s crucial to consider the legal aspects related to the conclusion and execution of international contracts, including terms of delivery, payment, and dispute resolution.

Compliance with sanctions and licensing

Adhering to sanctions and licensing are areas where the absence of legal advice can lead to serious consequences. In the context of global sanctions and increased enforcement, businesses must be particularly cautious when entering into transactions with foreign counterparts. A solicitor can help determine which sanctions are applicable in your field of activity and ensure compliance with all regulatory requirements. It’s also crucial to properly arrange for export licenses for goods and technologies to avoid infringements and potential fines.

Data confidentiality and cybersecurity

In the context of digitalisation of business, issues of data protection and cybersecurity are becoming increasingly pertinent. Breaching data protection legislation, such as the GDPR in Europe, can lead to substantial fines and loss of reputation. A solicitor can assist you in developing a privacy policy that complies with international standards and ensures the protection of your clients’ and partners’ data. Moreover, it’s essential to consider cyber risks and develop strategies to prevent them in order to avoid data breaches and cyberattacks.

The Benefits of Proactive Legal Advice

Preventative legal advice can significantly reduce risks and prevent the emergence of legal issues. Consulting a solicitor at early stages allows for the timely identification of potential threats and the implementation of measures to eliminate them. This may include developing internal company policies in line with international standards, conducting legal audits, as well as training staff on the basics of legal regulation.

To Get Legal Advice

Securing qualified legal assistance is not just about protecting your business from legal risks, but also an investment in its successful development. Lawyers help companies not only comply with laws but also utilise legal opportunities for growth and expansion. In an era of globalisation and increasingly complex regulatory frameworks, it’s crucial to have a reliable legal partner who can ensure legal safety and support the business in any legal matters.

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What are OFAC Sanctions?

OFAC is a division of the US Department of the Treasury responsible for implementing economic and trade sanctions against states, organisations, and individuals that threaten the national security or foreign policy interests of the USA. OFAC sanctions can include asset freezing, transaction bans, and restrictions on access to financial resources. A key element of the sanctions regime is the Specially Designated Nationals and Blocked Persons List (SDN), which includes companies and individuals with whom business dealings are prohibited.

Sanctions can be global or targeted at specific countries, such as Iran, North Korea, or Cuba, or at particular types of activities, including the financing of terrorism, the proliferation of weapons of mass destruction, or human rights violations. Breaching OFAC sanctions can lead to serious legal consequences, including substantial fines and criminal prosecution.

The Impact of OFAC Sanctions on International Trade

OFAC sanctions have a direct impact on international trade, creating a multitude of complexities for companies operating on a global scale. Firstly, they can lead to the disruption of existing trade relationships if business partners fall under sanctions. This can disrupt supply chains, which in turn may lead to delays in deliveries, increased costs, and a reduction in market competitiveness.

Furthermore, OFAC sanctions may limit companies’ access to financial markets if banks and other financial institutions refuse to conduct transactions with counterparts that are under sanctions. This could seriously hinder the execution of international payments and the financing of trade operations, which is particularly crucial for small and medium-sized enterprises reliant on access to credit and international finance.

It’s also important to consider the reputational risks associated with potential breaches of sanctions. Companies caught violating sanctions can face significant reputational damage, which will affect their business reputation and relationships with clients and partners.

Challenges for Companies Engaging in International Trade

One of the key challenges for companies engaged in international trade is the need to comply with the complex and ever-changing requirements of the OFAC sanctions regime. Companies must stay abreast of current sanctions lists and continually monitor their counterparts to avoid inadvertently breaching legislation.

An additional complexity arises from the fact that OFAC sanctions can extend to subsidiaries and branches outside the US, necessitating corporations to coordinate their actions on an international scale. Companies must also consider potential differences in the legislation of the countries where they operate, which requires the involvement of specialists in international law and compliance with local regulations.

Particular attention needs to be paid to conducting business in countries under strict sanctions, such as Cuba or Iran. In these instances, companies face increased risks and may require special permission from OFAC to conduct certain operations, which also adds complexity to the process of managing international trade.

How to Navigate OFAC Sanctions in International Trade

To successfully navigate the sanctions regime imposed by OFAC, companies must develop and implement effective sanctions compliance programmes. These programmes should include regular employee training, the development of clear procedures for vetting counterparties and conducting financial transactions, as well as the use of modern technologies to automate monitoring processes.

Particular attention should be paid to working with sanctions relating to Cuba, which historically remains one of the most stringently regulated jurisdictions. Conducting business with Cuban companies requires meticulous analysis and, in some instances, the acquisition of special licences from OFAC. Violation sanctions against Cuba could lead to serious legal consequences, including the imposition of fines and a prohibition on doing business with American companies.

It’s also crucial to engage with professional solicitors specialising in sanctions who can assist in devising compliance strategies and minimising risks associated with international trade. These solicitors can offer advice on licensing issues, assist with conducting internal audits, and develop defence strategies in the event of claims from regulatory bodies.

Are you Looking for Sanctions Lawyers?

If you’re running a business on an international scale, collaborating with solicitors specialising in sanctions can become a key element of your strategy for compliance and risk minimisation. They will assist you in navigating the complexities of sanction regulations, develop effective compliance programmes, and ensure the protection of your interests should disputes with regulators arise.

In an environment of constant changes to the sanctions regime and increasing scrutiny from regulatory bodies, securing the services of qualified professionals has become an integral part of successful international trade. Don’t gamble with your business – seek assistance from experts who can help you navigate the complex world of international sanctions.

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However, in order to file that document, any newly-formed LLC is also required to find a registered agent in NJ state, which must be done before registering an LLC. Below, we’ll explain what a registered agent is and how to find one to meet the needs of your business best.

What Is a New Jersey Registered Agent?

Essentially, a registered agent (RA) is an official point of contact between an LLC and the government entity, appointed to handle legal documents and official notes sent to the company. 

It’s also the person (or company), responsible for notifying LLC members of the receipt of these documents and sending reminders to ensure the company’s compliance with the calendar. 

Why Use a Registered Agent in NJ?

Legal formalities aside, having a resident agent is beneficial for businesses in many ways. Here are just some of them: 

• First things first, it gives you privacy. Rather than listing your own details and exposing them to the public, you can provide your registered agent’s name and address; 
• Secondly, RAs help avoid sensitive situations by discreetly sending your paperwork online, so you don’t have to deal with them in front of your clients;
• In addition, you get peace of mind knowing that your LLC’s documents are kept in good standing and handled in compliance with the calendar;
• Besides, with a registered agent, you can enjoy more freedom and organize your work hours as you see fit without being tied to the office; 
• Lastly, if you decide to open a foreign LLC at any stage, a RA will let you establish your presence at any specific location. 

Who Can Be a Registered Agent?

A registered agent can be any resident of New Jersey who has a physical street address in the state and is aged 18 or older. You can also be your own registered agent if you don’t mind processing paperwork and can cover business hours, which are from 9:00 to 17:00. 

In general, however, hiring a professional RA company is much preferable, especially since the cost of a RA in New Jersey isn’t that high, ranging from $50 to $250 per year.  

How to Find a Registered Agent in New Jersey

If you want to reduce costs, you can designate your friend or even your neighbor as a registered agent to receive and handle documents on your behalf. Alternatively, you can choose one of the RA companies, which New Jersey has in abundance. 

If you already have an idea of what company you want to hire, all you need to do is type in its name in a Google search. Be sure to check the registered address of the company you have chosen – it must be within the state of New Jersey. 

You may also want to check the company’s availability in other states, which can be important for LLCs planning to expand their business in the future. 

Other than that, it is a good idea to read through clients’ reviews. Obviously, all agents for service of process will tell you that they are the best in the field, but, in fact, not all of them are, and users’ feedback can help you determine who is the most genuine.

Finally, look into the cost and value of the service. Make sure you choose a provider that offers a full range of services, including same-day document processing, and there are no added or hidden fees to pay.

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The bill was drafted after two mass murders took place in the U.S. in May. The shootings at a supermarket in Buffalo and at an elementary school in Yuvalde killed 31 people, more than half of them elementary school students.

After the Senate vote, U.S. President Joe Biden said, “Today, after 28 years of inaction, members of Congress from both parties came together to heed the call of families across the country to pass a bill to address gun violence in our community. Families in Yuvalda and Buffalo, too many past tragic incidents have demanded action. And today we are taking action.”

The new bill calls for increased funding for school security, major investments in mental health and suicide prevention programs, and additional spending on other crisis support services. There are also plans to impose more rigorous background checks for people between the ages of 18 and 21 who want to buy guns. Controls on the private arms trade would be greatly increased.

In addition, it is proposed to limit access to guns for those who pose a threat to themselves and others, in particular, a loophole will be closed, thanks to which people convicted of domestic violence could buy firearms. There are also plans to funnel significant money into state budgets to develop their own laws regarding restricting access to guns for potentially dangerous people and developing crisis-relief programs.

“For years, the extreme left has falsely claimed that Congress could solve the terrible problem of mass murder by amending the constitutional rights of law-abiding Americans. This bill proves that’s not the case. Our colleagues have put together a package of popular, common sense steps that will help make horrific incidents less likely without violating citizens’ constitutional rights under the Second Amendment,” said Republican Senator Mitch McConnell.

The new bill does not impose tough restrictions, but the American public calls the results of its consideration a victory for the Democratic Party, which for years has been advocating for stricter gun control.

American media noted that the previous law of similar importance was adopted in 1994. Then, gun manufacturers were prohibited to produce high-capacity magazines for civilian use and certain types of semi-automatic weapons, which fell under the definition of an assault rifle. The ban was in effect for 10 years, but it expired in 2004 and could not be extended due to opposition from the Republican Party. Today, only seven states and the District of Columbia have banned assault weapons.

The U.S. remains the country with the highest rate of firearm deaths among developed nations. Nearly 21,000 people died in 2022 – more than nine thousand homicides and about 12,000 suicides. According to the nonprofit Gun Violence Archive, there have been 280 mass murders since the beginning of the year.

The Democratic Party of the United States – and, as polls show, the majority of the country’s population – favor tightening existing gun control laws. Opponents of such measures (including the National Rifle Association of America) believe that any change in existing laws would violate the constitutional right of citizens to own guns, as enshrined in the Second Amendment to the Constitution. They fear that any concession would trigger new requirements and eventually lead to a total ban on guns.

One of their main arguments is that restrictions on gun ownership would not, in practice, prevent most mass murders. The example often cited is that of American Stephen Paddock, who in 2017 committed the most mass murder in U.S. history–then killed 59 people and injured more than 500. Paddock purchased his weapons legally – he passed all the necessary checks, he had no criminal record and no obvious signs of mental illness.

A growing number of people in the United States in recent years have argued that the problem of gun violence can only be solved by repealing the Second Amendment to the Constitution.

Former Supreme Court Justice John Paul Stevens has called for the repeal of the amendment, calling it a relic of the 18th century. Walter Shapiro, a scholar at the Brennan Center for Justice (New York University School of Law), said no reform would solve the existing problems of a society with some 400 million guns stored “in closets, glove compartments and nightstands.

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Although the federal government is active in IP law to the maximum extent permitted by the Constitution, state laws are still important to IP law. Therefore, it is important to note that human rights and obligations can only be fully understood with reference to federal and state law.

Government Regulatory Agencies.
Congress has delegated regulatory authority relevant to IP to the following federal agencies:

The U.S. Copyright Office at the Library of Congress registers copyright applications and makes copyright assignment records in accordance with the Copyright Code. Unlike other agencies, the Library of Congress is organized under the auspices of the legislature.

The USPTO under the Department of Commerce grants United States patents under the Patent Code, registers trademarks under the Lanham Act, and handles some disputes through either the Patent Trial and Appeal Board (PTAB) or the Trademark Trial and Appeal Board (TTAB).

The U.S. Food and Drug Administration (FDA) under the Department of Health and Human Services administers theFDCA, including preservation of exclusive data rights, patent term extensions, and other forms of sui generis intellectual property under the Act.
The Office of Plant Variety Protection under the Department of Agriculture administers the Plant Variety Protection Act by issuing certificates of protection to plant breeders.

The Indian Arts and Crafts Council of the Department of the Interior administers the Indian Arts and Crafts Act.by issuing certificates of protection to breeders.
The CMT, an independent agency within the executive branch, handles IP disputes related to the importation of potentially infringing goods.

Regulatory Framework and Current Issues

Copyright
Copyright protection in the United States is authorized by the Copyright Clause of the U.S. Constitution. Current copyright laws are codified in Title 17 of the United States Code. The federal copyright statutes are compiled in Title 37 of the Code of Federal Regulations. Federal copyright law has superseded most state copyright law since 1978.

Copyright is automatically correlated with the creation of an original work of authorship; however, registration with the Copyright Office is useful in copyright litigation and necessary to obtain statutory damages in the event of infringement. In many cases registration is required before filing a lawsuit against the infringer, although registration does not change the existence of protection.

Integrated circuit topologies or topographies (topography) of integrated circuits are protected under US copyright law, although protection is more limited than in the case of other copyrighted works.

U.S. copyright law is based on the utilitarian concept that copyright should encourage the creation of works rather than protect the personal rights of the author. This purpose of copyright is established in the Constitution: “to promote science and useful crafts.” Thus, the United States recognizes only minimal non-property rights of authors under copyright law. In passing the Berne Convention Implementation Act, the US Congress stated that the non-property rights in Section 6bis sufficiently protected by laws outside the Copyright Code, such as defamation, unfair competition and publicity[10]. An exception is the Visual Artists Rights Act of 1990 (VARA), which is part of the Copyright Code, but applies only to works of visual art and considers only attribution and integrity rights. U.S. law does not distinguish between copyright and related rights.

Patents and utility models
Patents in the United States are allowed by the Patent Clause of the U.S. Constitution. Until recently, the United States used a “first-to-invent” patent system in which competing patents or patent applications determine their priority based on the date of invention. The America Invents Act moved the United States in 2013 to a more general “inventor first to file” system in which priority is based on the filing date. The patent code is contained in Title 35 of the United States Code. The federal regulations pertaining to patents are collected in Title 37 of the Code of Federal Regulations. Patents are governed exclusively by federal law.

The USPTO regularly publishes a Manual of Patent Examination Procedure (MPEP) for use by patent attorneys, agents, and examiners. The MPEP describes all the laws and regulations that must be followed in the examination of U.S. patent applications and references relevant case law. The USPTO also deals with patent applications as outlined in the MPEP. While patent attorneys may be used to assist in the application process, the USPTO has a separate examination for those who practice patents. Therefore, there are “patent agents” who, while not lawyers, are permitted to practice before the USPTO.

Three types of patents can be granted:

Invention patents (for any new, useful and non-obvious process, machine, article of manufacture or composition of components, or any new, useful and non-obvious improvement thereof),
design patents (for any new, original and artistic design of an industrially produced product) and plant patents (for any distinctive and new variety of plant reproduced by asexual reproduction, except for plants propagated by rootstocks).

The current utility patent term is twenty years from the earliest claimed filing date, but it can be extended to compensate for delays at the patent office or in obtaining FDA approval under the Medicines Price Competition and Patent Term Renewal Act (also known as the “Hetch-Waxman Act”). The FDCA also has quasi-patent rights in the form of exclusive market rights for manufacturers of both generic and patented drugs under certain circumstances. For example, exclusive market rights are granted to orphan drugs developed specifically to treat rare diseases under the Orphan Drug Act.

Under limited circumstances, U.S. law provides for a one-year grace period for filing after disclosure. In general, the first disclosure must be made by the applicant or by someone authorized by the applicant to make the disclosure.

Emerging areas of intellectual property
Genetic Resources.
U.S. law does not address the protection of genetic resources under intellectual property.

Traditional knowledge and cultural expressions
The Indian Arts and Crafts Acts of 1935 and 1990 (IACA) were enacted to encourage the development of Native American arts and crafts, to protect and preserve cultural heritage, and to prevent commercial interests from fraudulently associating their goods or services with Native peoples. The Indian Arts and Crafts Council, created by the 1935 Act, may refer IACA violations to the Federal Bureau of Investigation and may also recommend that the United States Attorney General (Department of Justice) initiate criminal prosecutions or civil enforcement actions. Criminal and civil penalties include large fines and imprisonment.

The USPTO Tribal Distinctive Signs Database permits registration and promotes the protection of the emblems or symbols of any federally or state-recognized Native American tribe that are brought to the USPTO by the tribe itself, by providing evidence of the relationship between the tribe and its distinctive signs. However, registration provides no additional benefit to the distinctive marks and is not considered a trademark. Therefore, the primary use of registration is to prevent third parties from registering a trademark containing such distinctive marks.

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There are also regional taxes? We have a three-tiered tax system: city tax, state tax, federal tax. The rates vary everywhere.

Is it hard to figure out? No, it’s all built pretty logically. The most problematic part is determining the total amount of tax a company has to pay on different assets.

Does the company pay taxes on employees? Every U.S. resident declares and pays their own taxes.

How often do companies report? Annually by April 14. A U.S. certified public accountant is allowed to file the returns.

What if there is an error in the report? A mechanical error will be corrected by inspectors. When the problems are more global, the company resubmits the form where the mistake was made.

Are the penalties high? If a company doesn’t pay taxes and doesn’t submit a report, it will be fined 5% of the amount owed. With each month of delay, the penalty increases until it reaches 25 percent. If a company fails to pay, but reports, the penalty is much less – 0.3 percent.

Are companies using ways to reduce taxes? Yes, after all, the federal tax rate is quite impressive. For example, they divide the turnover into the turnover generated in the U.S. and the turnover generated outside of the U.S..

Do you have a unified tax code? At the federal level there is the Internal Revenue Code, plus each state has its own law.

Do the laws change often? Yes, with every election (smiles).

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It was passed by Congress on March 21, 1947. Then it took almost four more years for its ratification by state legislatures.

Previously, the limitation of the presidential legislature to two terms existed as an unwritten rule, which is generally characteristic of Anglo-Saxon political culture.

Franklin Roosevelt broke with tradition, which prompted the amendment. Society and legislators decided that, with all due respect to the deceased, this should not be allowed to happen in the future.

There is an opinion (a very common one) that the presence of such a restriction in a state constitution is one of the key differences between a genuine and a formal democracy.

According to supporters of forced removability, most voters instinctively fear change, forget that any other life is possible during a long period of rule by one person, and accept too readily that there is no alternative to the incumbent leader. And the latter, having at least a theoretical possibility of making his power last a lifetime, would resort to unworthy tricks and even crimes for the sake of it.

But there is also the opposite point of view: the will of the citizens should not be restricted, and people have the right to choose who and how many they want.

Interesting Facts

• The U.S. Constitution, adopted by a special convention in Philadelphia on September 17, 1787, and effective March 4, 1789, is the oldest in the world. Nevertheless, according to sociologists, 90% of Americans believe that it meets modern requirements.
• The American Constitution was written by 30 people in about 100 working days. It is also the shortest: a preamble, seven articles and 27 amendments, about 4,400 words in all, including the articles.
• The U.S. Constitution does not mention the word “democracy.”
• Restrictions on the time in power of the highest officials were first established in ancient Athens. In republican Rome, consuls and other magistrates were elected for one year, and could not hold the same office again until ten years later.
• After declaring independence on July 4, 1776, and winning the war with Britain, the United States remained an amorphous confederation for 13 years. The first president in the modern sense, George Washington, was elected in 1789. Before him, presidents were referred to as presidents of the unicameral Congress, who changed annually, had limited powers, and were not included in the official count.
• The two-term provision is considered part of Washington’s political will. He did not run for a third term in 1797, although, according to almost unanimous historians, he could have been reelected again and again and even proclaimed himself king. In his famous Farewell Address, however, Washington spoke of age and fatigue, not of a desire to set any precedent.
• “Unless a limitation on the period of service of the highest officer is established by the Constitution or tradition, he will de facto be made a lifetime,” Thomas Jefferson wrote in 1807.
• Before Franklin Roosevelt, Ulysses Grant, Grover Cleveland, and Theodore Roosevelt unsuccessfully attempted to run for a third term.

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Criminal penalties may apply to the use of trademarks for criminal counterfeiting of goods and to the dissemination of trade secrets under state and federal law. U.S. Customs and Border Protection, as part of the Department of Homeland Security, plays an active role in protecting intellectual property rights, including identifying and seizing counterfeit goods. Meanwhile, the Computer Crime and Intellectual Property Section of the U.S. Department of Justice oversees national efforts to combat intellectual property crimes.

Civil Remedies
Federal court proceedings involving lawsuits between private parties are governed by the Federal Rules of Civil Procedure (FRCP). Many states have adopted civil litigation rules modeled on the FRCP; however, significant exceptions are New York and California. State civil procedure laws may take the form of codified legislation passed by the state legislature or judicial rules issued by the state supreme court.

Notable features of the U.S. civil procedure are as follows:

• Lengthy pre-trial filing and discovery procedures,
• heavy reliance on direct testimony taken under oath or in front of a jury,
• an active pretrial practice of “legal arguments and motions” designed to lead to summary judgment, fewer issues presented for resolution at trial, and settlement between the parties,
• the withdrawal of the class action, and
• by default, the parties cover their own attorneys’ fees, although numerous statutory systems provide for coverage of attorneys’ fees and costs in certain cases.

The vast majority of enforcement actions in intellectual property matters involve private litigation between the owner of the IP right and the person accused of violating it.

U.S. federal courts have exclusive subject matter jurisdiction over civil cases arising under patent laws. A patent holder may choose to pursue a case in the CMT instead of, or in addition to, the federal civil court system. However, the only remedy available from the CMT is to prevent further importation of infringing products into the United States. Questions concerning the validity of patents can also be raised before the PTAB in the USPTO.

U.S. federal district courts also have exclusive subject matter jurisdiction over copyright. A plaintiff may be entitled to equitable relief, damages for monetary damages and compensation for attorneys’ fees. Claims of copyright infringement brought against the United States and not arising in a foreign country must be brought in the United States Court of Federal Claims within three years after the infringement occurred. Only compensation for monetary damages is due for suits against the U.S. government.

Trademark law is enforced almost entirely through private lawsuits, and failure to completely stop their infringing use by others can result in loss of protection. Depending on the lawsuit and the relief sought, the case may be brought in either state or federal court. Issues concerning the status of a registered trademark or trademark application can also be raised before the TTAB in the USPTO.

The Court of Appeals for the Federal Circuit has exclusive jurisdiction over appeals arising under patent law as well as appeals from the U.S. Court of Federal Claims , PTAB, TTAB and KMT. Federal Circuit decisions are overturned only by federal law or decisions of the U.S. Supreme Court.

Awareness and Education
The USPTO develops curricula on enforcement, patents, trademarks and copyright through the Global Intellectual Property Academy. Most law schools in the U.S. and often other types of graduate programs offer programs or classes focused on intellectual property issues.

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America is also famous for its ridiculous legislative projects which have been in effect for several years or even centuries, though serious penalties for their violation are unlikely to ever follow.

The main legislative document is the Constitution of the United States. It is the basis upon which all existing laws of the country, individual states, and cities are drafted and edited. Each U.S. state and even a city is free to pass its own bills, but final passage requires congressional approval. That said, all proposed individual state and city bills cannot conflict with the Constitution, applicable laws at the federal level, basic human rights, and applicable laws of the state itself.

Basically, states and cities use this right to impose/revoke additional taxes, duties, fines, allow/prohibit the sale of certain types of goods. Thanks to this the economy of the country is prospering, because the income from taxes is accumulated in individual states and only a small percentage of the country goes to the capital, where if necessary it can be distributed among the regions or used for other purposes. This system also makes it more profitable to trade both domestically and internationally.

However, a significant disadvantage of this system is the discord between the regions. For example, at one time Texas wanted to secede. Plus lawyers have to “adapt” to the rules of each individual region, as do the citizens of the country. If in one state you could get a small fine for a violation, in another state you could end up in prison for the same violation.

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