In Legal Terms show

In Legal Terms

Summary: email: legalterms@mpbonline.orgIn Legal Terms, hosted by Professor Richard Gershon from the University of Mississippi School of Law with some of Mississippi's top legal leaders and experts as guests, airs Tuesday mornings at 10 am central on MPB Think Radio and on mpbonline.orgHave you ever wanted to know the definition of a legal term? Do you find yourself wondering what your rights are when it comes to your property, marriage, or health? If you answered yes to one of those questions, In Legal Terms is the show for you. Tune in and learn more about your legal rights and how the law affects your day to day life. The show is set to consistently provide thought-provoking commentary and opinions on legal topics, whether local or national. Court trials, U.S. Supreme Court arguments, hearings, and other timely legal topics are all covered on In Legal Terms. See acast.com/privacy for privacy and opt-out information.

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Podcasts:

 In Legal Terms: Chancery Court | File Type: audio/mpeg | Duration: 48:28

Guest: Judge Troy Odom https://www.rankincounty.org/department/index.php?structureid=39Charged with the responsibility of the filing of matters related to: Divorces, Adoptions, Child Support, Wills and Estate matters, Guardianships, Conservator ships, Land matters, and related issues.The Chancery Judges hear special court cases involving wills and estates, support and custody of minor children, divorces and alimony, and lunacy or commitment hearings. The Judges are known as equity Judges whose area of duty involves more than narrow and rigid interpretations of laws and focuses on protection of individual rights. The Judges also handle other matters, such as petitions to incorporate or enlarge a city, the establishment and management of drainage districts, children's welfare funds, and other projects.https://www.rankincounty.org/department/index.php?structureid=39Jury trials returning to Mississippihttps://www.natchezdemocrat.com/2020/08/07/jury-trials-to-return-to-area-will-be-conducted-at-natchez-city-auditorium/ https://courts.ms.gov/news/2020/06.04.20Panola%20jury%20edited.phpThere are 20 Chancery Courts around the state. https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.phpSelection of Judges: nonpartisan electionRetention of Judges: reelectionQualifications: practicing attorney 5 yrs; minimum age of 26; state citizen 5 yrs; district residenthttp://www.judicialselection.us/judicial_selection/methods/limited_jurisdiction_courts.cfm?state=MS See acast.com/privacy for privacy and opt-out information.

 In Legal Terms: UPM Law and True Crime Books | File Type: audio/mpeg | Duration: 47:36

Guest: University Press of Mississippi’s Courtney McCreary, Publicity and Promotions Manager discussing their law and true crime books https://www.upress.state.ms.us/Books discussed: Crooked Snake https://www.upress.state.ms.us/Books/C/Crooked-Snake2 A Legal History of Mississippi https://www.upress.state.ms.us/Books/A/A-Legal-History-of-Mississippi Mississippi’s Federal Courts https://www.upress.state.ms.us/Books/M/Mississippi-s-Federal-Courts Heroes, Rascals, and the Law https://www.upress.state.ms.us/Books/H/Heroes-Rascals-and-the-Law Cups Up https://www.upress.state.ms.us/Books/C/Cups-Up Confessions of an Undercover Agent https://www.upress.state.ms.us/Books/C/Confessions-of-an-Undercover-Agent The Last Lawyer https://www.upress.state.ms.us/Books/T/The-Last-Lawyer From Midnight to Guntown https://www.upress.state.ms.us/Books/F/From-Midnight-to-Guntown Return to Guntown https://www.upress.state.ms.us/Books/R/Return-to-Guntown The Legs Murder Scandal https://www.upress.state.ms.us/Books/T/The-Legs-Murder-Scandal Hands in the Till Embezzlement of Public Monies in Mississippi https://www.upress.state.ms.us/Books/H/Hands-in-the-Till Power, Greed, and Hubris: Judicial Bribery in Mississippi https://www.upress.state.ms.us/Books/P/Power-Greed-and-Hubris See acast.com/privacy for privacy and opt-out information.

 In Legal Terms: Mask Constitutionality | File Type: audio/mpeg | Duration: 49:03

Guest: Lisa Shaw Roy, Professor of Law and Jessie D. Puckett, Jr. Lecturer https://law.olemiss.edu/faculty-directory/lisa-shaw-roy/Discussion centered around are restrictions on religious gatherings and mandatory mask orders during a pandemic constitutional.On shutting down one group verses another? Liberty concerns vs equality concernshttps://news.bloomberglaw.com/us-law-week/supreme-court-rejects-nevada-church-challenge-on-virus-rulesDoes the constitution grant governments greater latitude to restrict individual freedoms during a pandemic.A Simple Guide to Executive Orders: A handy summary of COVID-19 Executive Orders from the Governor, organized by who and what they apply to (Updated July 27) https://msdh.ms.gov/msdhsite/_static/resources/9924.pdfFines for not wearing a mask? According to the Mississippi Center for Public Policy, Jackson residents could be fined $300 and sent to jail for six months. Businesses could be shut down for a day. The fine in Canton for individuals is $500, and $1,000 for businesses. In Columbus and Greenwood, you can be fined up to $1,000.   A $1,000 fine applies to businesses in Oxford.   https://mspolicy.org/1000-fine-6-months-in-jail-for-not-wearing-a-mask/Private business that require masks to do business with them (now or beginning on the 1st): Walmart, Kroger, Target, Walgreens, Aldi, Apple, AT&T, Bed, Bath & Beyond, Best Buy, Costco, CVS Health, Gap, Old Navy, Banana Republic, Home Depot, Kohl’s, Lowe’s, Panera Bread, Starbucks, Trader Joe’s, Verizon, Winn-Dixie, Whole Foods Market, and McDonald's. https://www.worldnewj.com/winn-dixie-publix-walmart-all-the-u-s-stores-requiring-masks/ See acast.com/privacy for privacy and opt-out information.

 In Legal Terms: Gaming Law | File Type: audio/mpeg | Duration: 47:57

Guest: Ron Rychlak, Distinguished Professor of Law, Jamie L. Whitten Chair of Law and Government, and Faculty Athletics Representative https://law.olemiss.edu/faculty-directory/ronald-j-rychlak/Discussion included: how has COVID19 impacted gambling online gambling in Mississippi sports betting Some websites:https://news.yahoo.com/california-man-accused-gambling-away-covid-relief-funds-013747667.html https://www.hollywoodreporter.com/thr-esq/is-betting-an-athletes-heart-rate-a-game-coming-broadcasting-guest-column-1303582On the 'Wait Wait Don’t Tell Me' NPR and MPB radio program broadcast July 18, 2020 and available as a podcast, they had guest Maria Konnikova, journalist and writer who took up completive poker playing as research for her book, currently on the New York Times Bestseller list - The Biggest Bluff: How I Learned to Pay Attention, Master Myself, and Win. She moved during the coronavirus pandemic lockdown to New Jersey where online poker is legal. https://www.npr.org/programs/wait-wait-dont-tell-me/The Mississippi Council on Problem and Compulsive Gambling is dedicated to helping the community respond to those individuals and their families devastated by addictive gambling. If you or someone you know has a gambling problem, please call our toll-free help line at 1-888-777-9696. All calls are strictly confidential.msgambler.orgMPB’s Money Talks discussed Day Trading on July 21st, 2020.. Is that legal online gambling? Listen to the Money Talks podcast or find it on their website: moneytalks.mpbonline.org  See acast.com/privacy for privacy and opt-out information.

 In Legal Terms: Autism in the Justice System | File Type: audio/mpeg | Duration: 45:08

Guest - Claiborne Ferguson, from The Claiborne Ferguson Law Firm https://www.midsouthcriminaldefense.com/Discussion: families who have children on the Autism Spectrum Disorder needs for juvenile defendants change in dealing with mental illness training court personnel to recognize mental illness special resources attorneys need The animation that was used in the Heider and Simmel study https://www.youtube.com/watch?v=VTNmLt7QX8EThe Mississippi Department of mental health has a webpage that provides information. http://www.dmh.ms.gov/service-options/mental-health/children-and-youth-services/     For more information about services or if you or a loved one needs help, call the Mississippi Department of Mental Health Helpline at 1-877-210-8513. Staff are available to provide help around the clockOn MPB each Tuesday at 11am is Southern Remedy: Relatively Speaking with Dr. Susan Buttross author of Understanding Attention Deficit Hyperactivity Disorder part of the Understanding Health And Sickness Series from the University Press of MississippiOur guest and his law firm are conducting a free legal seminar is called "Autism in the Justice System". It will be held August 4th at 2pm. Due to COVID-19, it will be a webinar on Zoom. Anyone can register at Eventbrite.com There will also be a link on the website for The Claiborne Ferguson Law Firm – that website is midsouthcriminaldefense.com See acast.com/privacy for privacy and opt-out information.

 In Legal Terms: Employment Law 2020 | File Type: audio/mpeg | Duration: 49:00

Guest is attorney Louis Watson from Watson & Norris Law Firm. https://www.watsonnorris.com/attorneys/We started the hour discussing terminations over social media posts then learned about "employment-at-will" and how the pandemic has affected employment law.Here are some of the information that was mentioned during the broadcast: CARES Act https://www.cbh.com/guide/alerts/cares-act-what-you-need-to-know/ US Department of Labor: Wage and Hour Division https://www.dol.gov/agencies/whd Fair Labor Standards Act https://www.dol.gov/agencies/whd/flsa US Equal Employment Opportunity Commission https://www.eeoc.gov/ Title 7 of the Civil Rights Act https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 Age Discrimination in Employment Act https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967 Americans with Disability Act https://www.ada.gov/ See acast.com/privacy for privacy and opt-out information.

 In Legal Terms: Midyear Pandemic Taxes | File Type: audio/mpeg | Duration: 47:39

Calls: home sales PERS taxable? http://moneytalks.mpbonline.org/episodes/money-talks-pers rolling over an IRA to a Roth IRA early withdraw from IRA due to COVID-19 military taxes https://www.irs.gov/individuals/military filing taxes when you don't owe https://www.cbh.com/guide/alerts/cares-act-what-you-need-to-know/CARES Act: Highlights of the Tax ProvisionsProvisions Applicable To IndividualsEarly withdrawals from retirement plans and participant loansWaiver of required minimum distributionsRecovery RebatesCharitable Contribution ChangesModification of limitation on losses for individualsProvisions Applicable To BusinessesEmployee Retention CreditDeferral of Employer payroll taxesChanges to Mandated Paid LeaveEmployer Payment of Employee Student LoansChanges to NOLSChanges to AMT Credit refundsChanges to limitations on deductibility of business interest expenseChanges to depreciation for qualified improvement propertyTax Aspects of Government Provided Relief LoansProvisions Applicable To IndividualsAdditional Retirement Plan Distributions AvailableRecovery Rebates for IndividualsAllowance for partial above-the-line deduction for charitable contributionsModification of limitations on charitable contributions during 2020Modification of limitation on losses for taxpayers other than corporationsProvisions Applicable To BusinessesEmployee Retention CreditDeferral of Employer payroll taxesChanges to Mandated Paid LeaveEmployer Payment of Employee Student LoansChanges to NOLSChanges to AMT Credit refundsChanges to limitations on deductibility of business interest expenseChanges to depreciation for qualified improvement propertyTax Aspects of Government Provided Relief Loans See acast.com/privacy for privacy and opt-out information.

 In Legal Terms: Voting During a Pandemic | File Type: audio/mpeg | Duration: 47:12

Guest Ben Griffith https://law.olemiss.edu/faculty-directory/ben-griffith-2/ discusses voting in Mississippi and voting during a pandemic.Calls concerned: mail in voting in other states padded voter rolls and piles of ballots contacting Circuit Clerks office for absentee ballots learning where your polling place is located what if voters are kept away from voting HB 1521 https://legiscan.com/MS/bill/HB1521/2020 Need voter information? www.yallvote.sos.ms.govSome registered voters are eligible to vote by an absentee ballot because of age, health, work demands, temporary relocation for educational purposes, or their affiliation with the U.S. Armed Forces. Please check with your Circuit or Municipal Clerk to determine if you are entitled to vote by an absentee ballot and to learn the procedures for doing so. If you know you will vote by an absentee ballot, you may contact your Circuit or Municipal Clerk’s Office at any time within 45 days of the election. Voters included within the Uniform and Overseas Citizens Absentee Voting Act (UOCAVA), such as members of the military and overseas citizens, may register to vote and request an absentee ballot by Federal Post Card Application (FPCA). UOCAVA voters may register to vote using the FPCA up until ten days before the date of an election and may receive and return an absentee ballot by mail, email, or fax. For more information, call the Secretary of State’s Election Hotline at 1 (800) 829-6786 or visit the website at www.yallvote.sos.ms.govA special election for Mississippi House of Representatives District 88 was called for April 21, 2020. On April 3, 2020, Gov. Tate Reeves (R) postponed the special election to June 23, 2020, amid concerns about the coronavirus pandemic.  This is an area north of Hattiesburg almost surrounding but not including Laurel. The seat became vacant after Ramona Blackledge (R) resigned on January 31, 2020.https://ballotpedia.org/Mississippi_House_of_Representatives_District_88On our Feb.25th 2020 podcast we had guest  new Secretary of State, Michael Watson to talk about primary voting, the Census, and the DMV.  http://inlegalterms.mpbonline.org/episodes/in-legal-terms-secretary-of-state-watson See acast.com/privacy for privacy and opt-out information.

 In Legal Terms: Defund the Police? | File Type: audio/mpeg | Duration: 47:45

Protest concerning police actions have taken place all over the country. One of the prominent signs held up was “Defund the Police”. What does that mean? It’s a catchy phrase for a poster but do Americans REALLY think the police should be abolished? Let’s learn from Cliff Johnson from the MacArthur Justice Center – Mississippi.It’s been a minute since we’ve had someone from the MacArthur Justice Center – Our podcast from April 10th, 2018 with Cliff Johnson profiled the center and its work. http://inlegalterms.mpbonline.org/episodes/5cd2d695f9e59c996625764dYou can also go to their website: macarthurjustice.org/mississippi/Calls concerned: children segregated in preschool police target some groups don't target others society needs to meet its needs protesters blocking right of ways small protests police should be well vetted we need police to do their job police are needed Cliff Johnson mentioned the written works of DeRay Mckesson.Oxford’s Public Safety spent $15,632,569 out of total city expenditures of $73,666,538 or 21.2% of expenditures for the city. http://www.oxfordms.net/documents/departments/cityclerk/2018-audit.pdfJackson’s Public Safety spent $60,996,096 out of total city expenditures of $159,729,856 or 38.2 % of expenditures for the city.https://storage.googleapis.com/proudcity/jacksonms/uploads/2019/09/2018-CAFR.pdf See acast.com/privacy for privacy and opt-out information.

 In Legal Terms: Protests | File Type: audio/mpeg | Duration: 46:31

Guest: Joshua F. Tom, Legal Director and Interim Executive Director of ACLU of Mississippi https://www.aclu-ms.org/Discussed: individual protests group protests permits speech vs actions difference between protests and civil disobedience rights when you encounter law enforcement protests on streets, sidewalks, parts protests on private property protests at shopping malls burning flags police interfering with protests disturbances at peaceful protests Website information: aclu.org/know-your-rights/protesters-rights/ACLU Mississippi Facebook live video concerning protests: https://www.facebook.com/ACLUMississippi/videos/1376077109249322/former Executive Director Jennifer Riley Collins on past In Legal Terms: October 16th, 2018 http://inlegalterms.mpbonline.org/episodes/5cd2d695f9e59c9966257635 See acast.com/privacy for privacy and opt-out information.

 In Legal Terms: Space Law in 2020 | File Type: audio/mpeg | Duration: 46:36

Our guest, Charles Stotler, Co-Director of the Center for Air and Space Law at the University of Mississippi School of Law, brought us up to date on on the changing world of space law. https://law.olemiss.edu/faculty-directory/charles-stotler/Past episodes on this subject can be found:In Legal Terms: Aviation Law http://inlegalterms.mpbonline.org/episodes/in-legal-terms-aviation-law 01/21/2020In Legal Terms: Space Force http://inlegalterms.mpbonline.org/episodes/in-legal-terms-space-force 04/30/2019In Legal Terms: Space Law in 2018 http://inlegalterms.mpbonline.org/episodes/5cd2d695f9e59c9966257638 09/25/2018 See acast.com/privacy for privacy and opt-out information.

 In Legal Terms: HOA's | File Type: audio/mpeg | Duration: 0:59

HOAs what can they legally do, what do they protect, and what can they exclude.Our guest is attorney Reed Marts from Oxford’s and northwest Georgia’s Freeland – Marts law firm . This is an encore broadcast from June 18th 2019.  http://inlegalterms.mpbonline.org/episodes/in-legal-terms-home-owners-associationsQuestions included: covenants, antennas, publishing names of those with unpaid dues, and forming an HOA.https://freelandmartz.com/reed-martz/ See acast.com/privacy for privacy and opt-out information.

 In Legal Terms: Consumer Protection | File Type: audio/mpeg | Duration: 45:49

Are there rough seas ahead for you due to the pandemic? Foreclosures, bankruptcy, or predatory lenders? Our guest from the MS Center for Justice, Director of Consumer Protection, Charles Lee took questions for this podcast. https://www.mscenterforjustice.org/Resource Information for ConsumersA resource on managing personal finances curing COVID19 for Mississippians created by the Mississippi State Extension Service. http://extension.msstate.edu/content/managing-personal-finances-during-covid-19Coronavirus and dealing with debt: Tips to help ease the impacthttps://www.consumerfinance.gov/about-us/blog/coronavirus-and-dealing-debt-tips-help-ease-impact/Sample Letters for Dealing with Debt CollectorsThe following sample letters will help if you’re experiencing common problems that may come up with debt collectors. I do not owe this debt . I need more information about this debt . I want the debt collector to stop contacting me . I want the debt collector to only contact me through my lawyer . I want to specify how the debt collector can contact me . If you use any of these letters, it’s important to do so as soon as possible after you’re first contacted, and to keep copies of any letters you send. In certain situations, you only have 30 days after you’re contacted to ask for certain information, but even if more than 30 days pass, it’s still a good idea to ask for what you need.Credit ReportsDue to the COVID-19 pandemic, the 3 national credit reporting companies are offering free weekly online credit reports through April 2021.Link to https://www.annualcreditreport.com/index.actionThrough December 31, 2026, all U.S. consumers can also get six free credit reports every 12 months from Equifax by establishing a "myEquifax" account at https://my.equifax.com/consumer-registration/UCSC/#/personal-info or by calling 866-349-5191.How to Dispute Errors on Your Credit Reporthttps://www.consumerfinance.gov/ask-cfpb/how-do-i-dispute-an-error-on-my-credit-report-en-314/Resources to Help Consumers Avoid Scamshttps://www.consumerfinance.gov/coronavirus/avoiding-scams/Tips to Cancel a Time Share Contracthttps://www.debt.org/real-estate/timeshare-cancellation/MPB’s Money Talks recently had a representative from the National Foudnation for Consumer Credit. https://www.nfcc.org/ You can hear their podcast from May 12th on their website http://moneytalks.mpbonline.org/episodes/money-talks-credit-counselingNational Center for Disaster Fraud Hotline at 866-720-5721 or via email at disaster@leo.gov _  Report scams to the IRS at phishing@irs.govThe Federal Trade Commission also has information  https://www.consumer.ftc.gov/articles/how-recognize-and-avoid-phishing-scamshttps://www.consumer.ftc.gov/features/scam-alertsFTC.gov/complaintThe Mississippi Attorney General’s guide to Consumer Protection http://www.ago.state.ms.us/wp-content/uploads/2013/08/Consumer-Guide-to-Mississippi-Consumer-Protection-Law.pdfCARES Act: Temporary student loan relief: All loan and interest payments are deferred through Sept. 30 without penalty to the borrower for all federally owned student loans. https://www.npr.org/2020/03/26/821457551/whats-inside-the-senate-s-2-trillion-coronavirus-aid-packageCalls concerned: time shares title problems housing warning about scams more scams Attorney Charles Lee can be reached at the Mississippi Center for Justice at 601-352-2269 extension 104 See acast.com/privacy for privacy and opt-out information.

 In Legal Terms: Governments During A Heath Emergency | File Type: audio/mpeg | Duration: 47:32

A former host of In Legal Terms, Professor Matthew Hall, was our guest for our show concerning The Balance Between Civil Liberty and Public Safety in a Time of Crisis   https://law.olemiss.edu/faculty-directory/matthew-r-hall/The U.S. Supreme Court found that the “police power” of the States embraces “reasonable regulations …as will protect the public health and safety.” Jacobson v. Massachusetts, 197 U.S. 11 (1905) https://supreme.justia.com/cases/federal/us/197/11/2016 Mississippi CodeTitle 41 - Public HealthChapter 23 - Contagious and Infectious Diseases; QuarantineIn General (§§ 41-23-1 - 41-23-47) https://law.justia.com/codes/mississippi/2016/title-41/chapter-23/in-general/2006 US Code Title 32 - NATIONAL GUARD CHAPTER 3 – PERSONNEL Sec. 328 - Active Guard and Reserve duty: Governor's authority https://law.justia.com/codes/us/2006/title32/chap3/sec328/Military Power in Law Enforcement: The Posse Comitatus https://law.justia.com/constitution/us/article-2/38-military-power-in-law-enforcement.htmlLaw expert: In Miss. it’s a felony to violate a quarantine order, but good luck enforcing it https://www.wlox.com/2020/03/21/law-expert-miss-its-felony-violate-quarantine-order-good-luck-enforcing-it/ See acast.com/privacy for privacy and opt-out information.

 In Legal Terms: MS Legal System during COVID19 | File Type: audio/mpeg | Duration: 47:30

Guest, attorney Francis Springer,updates us on how Mississippi's Legal System is functioning during the COVID-19 pandemic.Discussion included: meeting with clients legal research electronic (or not) court filings emergency proceedings jury duty social distancing courts that are open courthouses that are open rights of the accused people in jail access to hearings confidentiality in communications notary services fraud check websites for the legal service you need to see their availability https://www.springerlawoffice.com/aboutFrancis Springer has been a guest on In Legal Terms a few times: Holiday Help was broadcast on Dec. 17th 2019. May 21st 2019 we talked Police Stops with attorney Springer. Francis talked with us about Alcohol Laws in Mississippi on July 17th 2018. See acast.com/privacy for privacy and opt-out information.

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