Arkansas law says a “new” car is one that has not had its title transferred.  A.C.A. 23-112-103(22)  Does that include a new car that is stolen off the car lot, driven 40 miles by the thief and then left on the side of the road?  A jury said that was no longer a “new” car despite what the Arkansas law may say.  The Arkansas Court of Appeals, barely, agreed.

You could have some fun hypotheticals with this one.  If the thief had driven it 100 miles would it still be new under the law?  What about 10,000 miles?  Ok, what if a salesperson drives it for say 5,000 miles?  Under the law as written it would still be “new” wouldn’t it?  Would a consumer feel they were getting a “new” car in that situation?  At some point it seems that the statutory definition leaves a lot to be desired.

This majority opinion and dissents are worth reading, especially if you are interested in consumer protection issues and auto fraud cases….here’s the link

http://courts.state.ar.us/opinions/2007b/20071219/ca07-183.pdf

Here’s a link to an article by Declan McCullagh on a recent development in Fifth Amendment law. 

http://www.news.com/the-iconoclast/8301-13578_3-9834495-38.html?tag=head

In my opinion, these 5 tips are excellent advice for anyone going through a divorce.  #1 is especially true - the more you can organize your documentation for your attorney, the lower your hourly fees will be.  This will also assist your attorney in being more prepared to handle your case.  This is a win-win!

Here’s the link to the AOL article….

http://money.aol.com/top5/general/divorce-mistakes-to-avoid

Many times clients are frustrated with the way the judge is handling their case.  Many times the clients cannot contain their feelings towards the judge.

These two cases give examples of what a judge can do in that situation (contempt) and also how the court of appeals views the actions/words of parties in a case…and their attorneys.

Here are the links….

http://courts.state.ar.us/opinions/2007b/20071128/ca07-88.pdf

http://courts.state.ar.us/unpublished/2007b/20071205/ca07-575.pdf