California Personal Injury Lawyers - Bakersfield Personal Injury Attorneys - Chain, Younger, Cohn & Stiles

February 2005


Money for College-Bound High School Seniors
Engagement Rings and the Law
New Headlight Law
Do Your Kids Ride a Motor Scooter?
Group Law Service
Current Product Recalls
Other Chain Younger Websites
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Money for College-Bound High School Seniors

If you have a senior in high school who plans on attending college, February should be a busy month for you!

If you live in California, first make sure to fill out the FAFSA form (Free Application for Federal Student Aid) by March 2nd. It can be found on-line in both English and Spanish at www.fafsa.ed.gov. You should apply whether you think you may qualify or not. Many factors affect eligibility for financial aid. For example, a student who didn't qualify one year might become eligible during the following year when a brother or sister enrolls in college. A change in family financial circumstances might also affect eligibility for student aid. You will also find that many scholarship programs require the completed FAFSA before they will consider your child.

The March 2nd deadline for filling out FAFSA will allow your California student to be considered for the Cal Grant Program. The Cal Grant program determines eligibility on both grades and financial need. A high school senior who meets the financial requirements and earns a 2.0 grade point average (GPA) or higher is entitled to a Cal Grant B, which includes money for tuition and a living stipend. Applicants who have achieved a 3.0 GPA and whose assets and income are below the financial ceiling can be awarded a Cal Grant A, which covers the full cost of tuition at a UC or CSU campus, or up to $8,000 at a private or independent college. For more information on Cal Grants go to: http://www.csac.ca.gov/.

Two other websites that are helpful in scholarship searches and other information are: www.fastweb.com and www.finaid.com.

Engagement Rings and the Law

Other than Christmas, Valentine's Day is the day when most engagements take place. Traditionally, with the marriage proposal comes an engagement ring. In an ideal world, newly engaged happy couples stay that way through to the wedding. However, in the event things don't quite go as planned, it might be practical to know what legal rights surround the engagement ring in the event of a breakup.

An engagement ring that accompanies a proposal is considered to be a gift given in the contemplation of marriage. The gift in the form of the engagement ring would not be given unless for the promise of a future marriage. There is a statute in the California Civil Code 1590 that addresses this type of gift.

According to the statute, the circumstances surrounding the breakup determine the proper owner of the engagement ring. The "giver" may recover the ring or the value of the ring if the "receiver" refuses to enter into marriage. The "giver" also has a right to recover the ring if the contemplated marriage is abandoned by mutual consent.

Although not explicitly stated in the statute, subsequent case law has determined that the "receiver" of the engagement ring is entitled to keep the ring if the "giver" refuses to enter the marriage without any fault of the "receiver." Therefore, if the "giver" is the one who backs out of the wedding, then the "giver" does not have the right to get the engagement ring back.

Even though the statute specifically applies to gifts given in contemplation marriage, general principles of fraud may still apply and affect any claim to recovery.

New Headlight Law

Sometimes new laws that enter at the beginning of a new year need clarification. There has been some misinformation circulating regarding a law concerning automobile headlights and necessary use of headlights during bad weather.

The law says drivers of all motor vehicles, except motorcycles, must turn on their headlights when using their windshield wipers in rain, mist, snow, fog or other precipitation. Headlights must also be turned on when drivers cannot clearly see a person or vehicle 1,000 feet away.

This is a new law as of January 1st. However, the law does not go into effect until July 1st, 2005 contrary to what is widely believed and circulated through e-mails. For more information go to: http://www.dmv.ca.gov/pubs/vctop/d12/vc24400.htm.

Do Your Kids Ride a Motor Scooter?

2005 also introduces a modification to the existing motor scooter law. It is now against the law for a child to operate a motor scooter unless they are 16 and possess a valid Class C driver's license or instruction permit. Previously no license was required.

The law has also been amended to help curb the civic noise pollution caused by motor scooters. The amendment prohibits the sale of a motor scooter that produces more than 80 decibels at a distance of 50 feet. It also prohibits operating a scooter on a highway or public roads unless it has a properly maintained muffler in constant operation. Therefore, a scooter with a modified muffler or a muffler that has been disabled is now in violation of the law.

Want More Information on New Laws Affecting Consumers?

To read more on some of the new laws that will affect consumers follow this link to the California Department of Consumer Affairs website: http://www.dca.ca.gov/press_releases/2004/1231.htm

Want More Information on Current Legislation that Will Affect Consumers?

There is much talk right now of new laws affecting class action lawsuits and pharmaceutical companies who make drugs like Vioxx. But how will consumers be affected? Find out at: this link here



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