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Monthly Archives: June 2011

Driving with a Suspended License

In Missouri, a driving with a suspended license citation is worse than a first-time DWI offense in many ways. RSMo 302.321(1) defines driving with a suspended revoked license as follows: A person commits the crime of driving while revoked if such person operates a motor vehicle on a highway when such person’s license or driving […]

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S Corporation versus C Corporation

You’ve decided to form a corporation as your business entity. Deciding whether the corporation should be a “separate” entity or “pass-through” entity for purposes of income taxes is the next major decision that you will have to make. A S Corporation receives “pass through” taxation; in other words, while a corporation is a separate entity […]

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Criminal Assault Defense

Assault exists in both civil and criminal law. Civil assault is committed when one person intentionally — that is, acts for the purpose of or substantial certainty — puts another person in imminent apprehension of harmful or offensive contact. Do note that generally under civil law contact is not require. As with all strands of […]

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Probate: Small Estate Administration Exception

Under Missouri law, if a decedent’s estate is small enough — that is, under a certain dollar value — it does not always require the grant of Letters of Administration or Letters Testamentary along with a formal court order of Supervised/Unsupervised estate administration. RSMo 473.097 was created by the Missouri Legislature so that heirs of […]

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Suspended Imposition of Sentence (SIS)

The distinction between what a suspended imposition of sentence (“SIS”) versus a suspended execution of sentence (“SES”) is a common question. First off, both terms in Missouri law are used solely in the context of criminal, not civil, cases. A SIS is where the defendant pleads guilty and is placed on probation for a period […]

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Pendente Lite (Temporary Custody and Support)

Pendente Lite is a snobby legal term which inherently sounds sophisticated. Like most legal terms of art or causes of actions, it’s a Latin phrase; it means “while the litigation is pending.” The phrase in Missouri Law almost exclusively refers to a judgment pending a final decree and dissolution of marriage. Consider the following: say […]

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Nuisance: Land and Real Estate

Nuisance is not a stand-alone tort with its own special rules. Rather, a nuisance is a type of harm — the invasion of either private property rights or public rights, intentionally or negligently. More often than not, however, nuisances generally are intentionally interferences with someone’s use or enjoyment of his or her land/real estate. Nuisance […]

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Quiet Title: Real Estate Disputes

A Quiet Title action is a lawsuit which is designed to establish a party’s legal rights to real property. These claims generally occur when there is a dispute between one or more persons about who owns a given piece of real estate. For instance, there could be a problem with the recording of a real […]

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Articles of Incorporation, Corporate Bylaws

Two of the legal requirements to form a corporation in Missouri is the filing of an Articles of Incorporation and the creation of Corporate Bylaws. The Articles of Incorporation must be filed with the Missouri Secretary of State. More often than not, a corporate name must be picked and listed in the Articles, the duration […]

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Fraudulent Inducement to Contract

Tort liability can arise out of pre-contractual negotiations and activities. Fraudulent inducement to contract is one such tort that can occur. To make a submissible case for fraudulent inducement to contract, one party to the contract must show that the other party (1) knew or should have known information, that the other party (2) failed […]

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