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News And Thoughts On The Law In Berkeley And Beyond

How age and gender influence views on sexual harassment

According to data from American Family Survey, women are generally more likely to consider certain acts to be sexual harassment. These acts include asking someone to go to lunch, making sexual jokes or asking for sexual favors. California residents may also have a different point of view about sexual harassment depending on their age and level of education. The survey itself consisted of 3,000 adults that roughly emulated the makeup of the country as a whole.

As a general rule, those who were older were more likely to view an action as sexual harassment than younger Americans. For instance, roughly 66 percent of respondents who were 65 and older said a request for a sexual favor is always harassment. However, only about half of those between 18 and 29 felt the same way.

Splitting 401(k) assets in a divorce may be complex

It's widely believed that divorcing couples will each receive half of the family assets although, in most cases, they do not get identical assets but equivalent ones. In California, there must be a distinction made between community and separate property with only community property being subject to division. Additionally, 401(k) plans have different rules as to how the assets are treated in a divorce. Family law judges have wide discretion in establishing final property division orders.

The best way to divide marital assets is for the couple to reach a marital settlement agreement. Family law experts explain that if the agreement is fairly arrived at with each spouse advised by counsel, the judge will likely approve the terms without the court's involvement. The judge will, however, need to sign a Qualified Domestic Relationship Order to direct the 401(k) plan administrator on how to release the funds.

Motorcycle crash victim awarded $46 million settlement

Motor vehicle accidents are an unfortunate part of life for people who travel California’s streets and highways. Most everyone is in a collision at some point in their life, and that does not stop people from driving. It should not, because state laws intend to minimize the risk on the road and to keep unsafe drivers from endangering those who follow the rules.

Drunk driving is one high profile example where the law serves to ban dangerous drivers from the road. A less publicized topic concerns drivers with medical concerns. Issues like epilepsy and narcolepsy can lead to unconsciousness, endangering other travelers.

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