Sweepstakes are a common occurrence in Florida, providing a popular pastime for adults and children alike. However, many people are unaware of the basic tenets of florida sweepstakes law in Florida, and because knowledge is power, we put together this guide to help you understand what plays into these games and when an innocent contest becomes illegal.

What Is Florida Sweepstakes Law?

Florida sweepstakes law revolves around Florida’s gambling laws, governing contests and other competitions that are used to promote a product or service. In general, any activity that involves a prize or is otherwise competitive and acts to promote someone’s products or services, qualifies as a sweepstakes under the law. However, these contests can get a little more complicated as they create not only an opportunity for unexpected cash, but also potential fraud. Because of this, the Florida legislature has established requirements for legitimate promos.

The Importance of Florida Sweepstakes Law

By understanding Florida sweepstakes law, you can avoid potentially expensive legal issues by hosting a legitimate activity. If you don’t comply with the requirements in Florida (and other states where you operate) for conducting such activities, you may face penalties, including:

• Prosecution of a misdemeanor or felony under Florida law
• Being subject to civil penalties
• Forfeiture of all prizes offered in the sweepstake
• Being forced to pay for the losses of any participant who was deceived by an illegitimate sweepstake
• Paying restitution to any victim who was harmed by an illegitimate sweepstakes

In 2014, Florida Attorney General Pam Bondi’s office put Big Fish Games Inc., a video game developer, through the ringer for falsely promoting a series of illegitimate online sweepstakes. She alleged that the online promo was just a false scheme to sell more products and that participants lost out in consumables they purchased to get ahead in the games.

Florida Sweepstakes Law and the Center for Applied Linguistics

The Center for Applied Linguistics (CAL) is an organization committed to improving Americans’ capacity to communicate. It addresses this mission by providing resources for learning languages and language education. One of the primary areas of focus for the organization is the distribution of foreign language materials to assist parents in acquiring and maintaining their native language. In order to do this, the organization partners with American schools and teachers to provide scholarships and support that increases the number of students who become proficient in foreign languages. However, getting the word out about these opportunities can be difficult, requiring the use of incentives like sweepstakes.

For example, CAL’s Startalk initiative provides intensive summer programs that help students learn critical languages and encourages teachers to continue their professional development. Because this language instruction is conducted in Maryland, teachers often come from around the country, so CAL uses a variety of methods to help people find out about the program. Knowledgable learners and teachers are important for the future of America.

Legal compliance in educational settings fosters the trust that is essential to teachers and learners alike. From a student or parent perspective, it encourages a good relationship with the school that can lead to better outcomes. From a teacher standpoint, the security of knowing that a program is legitimate means that there will not be an unnecessary disruption, like a court case, that takes them away from what they do best, which is teaching.

Florida Sweepstakes Law and Legal Insight

While legal insight isn’t something that many people consider when they think about how to develop and run a language program, the Center for Applied Linguistics makes it clear that understanding the importance of rule-based activities and ensuring compliance with those rules is essential.

Basic Compliance Tips for Language Programs with Contests

Schools that want to add excitement to their curriculum can do so by introducing games into the systems. However, if you want to do this, you need to make sure that your activities are actually lawful. Otherwise, your class could lose access to valuable funds. Here are a few tips for keeping your sweepstakes or contest within the confines of the law:

• Contact a lawyer to ensure the protections under Florida law
• Ensure that the activity does not require any purchases and is totally free to enter
• Clearly post the rules in the school so that everyone knows the terms
• Make it clear that you intend to place no obligation on anyone
• Keep a file of all entries in case the state comes to ask about your sweepstakes. That way, you can establish that the contest was set up in a fair way and all parties were aware of the rules.

Case Studies and Discussion

Thrillseeker, an online sweepstakes provider, faced legal issues under Florida law when it conducted a series of promos for iPads, gift certificates, other electronic equipment, and jewelry. Because there was not a free way of entry, the Florida Department of Agriculture and Consumer Services (FDACS) brought a class-action lawsuit against the company, securing a judgment of over $2.2 million.

The Role of Legal Education in Language Learning and Teaching

Students of law provide critical insights for educators and those who are involved in language learning programs. They bring in new technologies and innovations to keep curricula fresh and to help students learn. In addition, educators have valuable perspectives of their own. For example, knowing that language programs like CAL’s Startalk initiative are fully compliant with Florida law shows that these programs are thoughtful about their operations.

Online tools like the ones available on Tarabridals.com helps teachers plan programs that are beneficial for students while making sure that no one runs afoul of the law. For example, learnings from these cases help teachers develop good guidelines for their own programs.

Building Credibility and Encouraging Participation with Legal Compliance

If you’re wondering if implementing a program in the classroom or in your school is worth the extra time, consider what you would lose if parents sue or if you weren’t able to get the funding that you need. By complying with Florida’s sweepstakes law, you establish the credibility to attract students and teachers who are willing to grow. You get their participation, earn respect, and fulfill your mission.

For more information on legal compliance in educational settings, you can visit ed.gov.

Celebrity prenuptial agreements are legal contracts that some famous people sign prior to marrying, with the goal of protecting their assets and interests in case of divorce. These legal documents often contain clauses about spousal support, property division, and other issues related to marital dissolution. In recent years, celebrity prenuptial agreements have garnered significant media attention. In fact, one prominent center for language and education, The Center for Applied Linguistics, recognized this trend and launched a research project devoted to the phenomenon in Marital Linguistics. Some may wonder what link there is between celebrity prenuptial agreements and The Center for Applied Linguistics. But linguistically and culturally, they are intimately connected.

Language is a fascinating and complex tool. We use it to communicate not only day-to-day elements of life, but also legal and cultural ones. The language of law is also intertwined with culture and education. So how are language and celebrity prenuptial agreements connected? Right off the bat, we know that they’re legal documents. But, looking deeper, we see that they also contain linguistically complex items such as clauses, sub-clauses, conjunctions, and the like. Some couples choose not to sign prenuptial agreements because they don’t want to have to hire a lawyer and make their marriage sound like a contract, but they can’t escape the fact that the document and the negotiations that made it happen are very professional and legally binding, not to mention binding with cultural relevance. In short, language – and particularly legalese – is involved in the document creation process. As a matter of fact, the type of language and vocabulary that goes into it is an important part of the final product, which is the reason why legal language specialists go to school to learn linguistic, cultural, and educational skills, as well as how to master language both in the spoken form and the written form.

Often, legal language specialists are called in to help translate prenuptial agreements, which is often one written document in two languages to make sure that both parties understand what they’re getting into from a legal perspective. Many factors are involved in these types of prenuptial agreements, from joint citizenship to children bearing the names of both parents to domestic requirements and laws regarding marriages, divorces, and more.

Examples of celebrity prenuptial agreements abound throughout the media. From Gwen Stefani to Blake Shelton to a variety of other famous individuals, celebrity prenuptial agreements make interesting reading. Some celebrities have even had them in place prior to marrying for a second time, which many people assume signals some type of uneasiness over a marital situation, but might just be the adult response.

Linguistic science aside, prenuptial agreements are still legal documents and can significantly impact marriages that do not end in divorce…but it’s hard not to see the language element and how it contributes to the bottom line.

For more information on the legal aspects of prenuptial agreements, you can visit Wikipedia.

Educators are often the connective tissue for families with children from multilingual backgrounds and those who work with language barriers. The challenges faced daily in a linguistically diverse public school district in Utah County require the insight and strategic thinking of a legal professional versed in family law attorney utah county matters. To effectively assist parents, those working in the educational domain must maintain a willingness to view the home life and other circumstances outside the classroom as the cause for many concerns. From custody arrangements to personal safety issues, those with experience tackling family law matters better serve educators and linguistically diverse families.

Family law issues are common in the Utah County footprint. The types of problems commonly encountered are summarized below:

• Custody Arrangements
  Custody battles can be time-consuming. When the focus is on the child’s well-being, the situation intensifies. As part of an emergency custody request, an immediate petition is filed. Having a specialized family law attorney with a history of handling previous cases is essential to obtain satisfactory results.
• Divorce
  Divorce cases vary. It is also true that the reasons for divorce are not the same for everyone. Recognizing the natural divorce sentiment, retaining a proactive lawyer, such as one with the experience in a Utah County family law setting is imperative.
• Domestic Abuse
  Those prone to actions of domestic violence may continue until they are stopped. Often, that occurs when a family law attorney steps in to protect those who are affected. The experienced lawyer knows when a protective order is warranted and how to implement one. There is a procedure that must be followed. In critical domestic abuse situations, it can be a matter of survival.
• Paternity
  Not everyone is on board with having paternity established for a common child. For instance, if a woman does not want her baby’s father to have a role in his or her life, she may not have the paternity test. If a man wants to be a father and his wishes are not respected, he can initiate paternity testing. If the mother is the one that refuses, a petition can be filed.
• Parental Rights Termination
  At times, parents are not good to their children or do not want to parent. This can result in termination of rights. Although a parent may opt out of parental rights so relinquish all support responsibilities, this does not mean terminating the other parent’s responsibilities as a parent. How to navigate the process requires family law experience.

For more information on family law and its implications, you can visit Child Welfare Information Gateway.

Understanding Language in Real Estate Documentation

When The Center for Applied Linguistics was established in 1966, the primary goal was to encourage the study of English language learners and support linguistic minority education. Today, The Center for Applied Linguistics seeks to create engaging, language-focused opportunities in schools across the globe for bilingual education.

Language should not just be thought of as a means of communication; understanding the intricacies of language is vital to navigating every aspect of society, including the legal field. The world of real estate is trialing an increased number of people, especially those that are unfamiliar with the deepness of language in documentation. In this article, I’ll explore an instance in which the use of precise language within real estate documentation makes a world of difference, particularly when it comes to comprehensive agreements between brokers for residential leases. This information should assist educators in understanding common legal language within the real estate field.

Language plays a vital role in all aspects of legal documentation, dictating everything from case outcomes to legal agreements. When it comes to real estate, the agreement between brokers for residential leases in Texas relies on the use of highly specific language to convey information. The Texas Residential Leasing Agreement can be downloaded from this website.

Agreements encompass a huge amount of territory, whether it be for parties regarding a temporary job or for one party with another, they are one of the most important documents a person can sign. From a linguistic perspective, the importance of an agreement between brokers for residential leases in Texas is that it’s a legally binding contract where all parties agree to a set of rules. This helps clarify any potential misunderstandings down the line regarding the conditions within the agreement. One reason that agreements are often binding is that they’re stated in written form. While these statements could be understood differently depending on the reader, the overall implication of the text will likely be the same. This allows for significant clarity amongst all parties involved.

In general, lease agreements can be slightly different based on your location, as real estate laws can vary from state to state. For example, within the state of Texas, the Texas Real Estate Commission (TREC) has a Consumer Information section on their website that outlines different forms for contracts, including the agreement between brokers for residential leases in Texas. Within this section, you can find form 2105 for residential leases.

While you can find a number of high-quality resources online to find the agreement between brokers for residential leases in Texas, be sure to review any form and fill it out exactly as requested. Depending on the party filling out the documents, the legal implications could vary based on how the document is filled out. This is particularly important in multicultural settings, such as in some regions of Texas, where individuals may interpret the language and legal implications differently. When in doubt, contact a lawyer to keep your interests protected.

The Center for Applied Linguistics is committed to the study and education of language and linguistic diversity. For legal professionals, mastery of complex writing and analysis is nothing new. As such, it’s perhaps surprising that those who earnestly study linguistics haven’t framed a greater connection between this and the study of the law. The good news is that by blending the language of the law with language studies, both fields benefit. While language education has always focused on precision and clarity, effective legal writing further enhances the effectiveness of linguistic expression. In the early stages of mastering a language, we learn the ins and outs of how meaning is conveyed through talking and writing. Mastering these processes, however, inevitably means learning the rules. This leads to an over-familiarity with the language but can stifle students as they attempt to give life to the words and phrases learned through their coursework. The fact is that every piece of successful legal writing has its roots in efficacy. For example, think about how the concept of precision aids both language and legal writing: To argue that complexity and sophistication are necessary elements of legal writing is to imply that they are necessary elements of language. However, this isn’t always the case. When proper care is taken to examine the particular application of legal terms and phrases, it becomes possible to blend the beauty of language with the analysis behind effective legal writing. It’s why legal professionals are often considered some of the top communicators in their field, and language is able to fill this niche. In fact, students who understand the fundamentals of grammatical rules, expectancy, and analysis will be able to interpret the legal system more effectively. This is why many dual language programs require students to begin taking legal writing classes at age 11. Over the years, these students become great critical thinkers capable of explaining complex ideas in concise terms. As with a well written sentence, persuasive writing aimed at convincing a reader of one specific point of view often requires more than it seems. When writing a persuasive piece, legal professionals typically use the following: While it’s possible to generate narratives without regard to persuasion, the fact is that any wordsmith who truly has something to say would do well to employ the elements of persuasion already covered. By doing so, they open a pathway toward greater success in their field. Both legal writing and the language of the law require the ability to demonstrate analytic thought. In turn, this makes it possible for those who have mastered these subjects to engage readers and listeners with masterfully crafted ideas. Still, there is also a narrative component, which is where legal writing and linguistics begin to diverge. To elaborate is to explain. In blending legal writing principles with language education, educators can help students not only acquire a deep understanding of grammar and expectation, but also apply these principles to the real world.

The Center for Applied Linguistics is all about language, language education, and the application of linguistic principles across numerous subject areas. With a linguistics-themed article on this educational site, a legal theme would be a natural follow-up to engage the interest of both law-minded site visitors and those interested in language learning. That’s right-there are connections between learning and teaching a language and better understanding the legal jargon lawyers and judges use every day!

With this in mind, let’s take a look at how both legal and linguistic forms of communication can benefit from deeper understanding of corresponding principles. You may not anticipate the connections between these two fields, which are generally considered to be entirely different; however, they can end up feeding into one another to make both fields more “user-friendly”.

Of course, the main goal in providing a linguistic-based look at a legal concept, such as formulating a brief overview of the basics of tort law, is to make the concepts behind how the legal system works much easier to comprehend. An overview of tort law is a great way to introduce the basic terminology used in legal documents while also allowing for exploration of the intricate details that surround even the most basic understanding of legal principles.

What is tort law? So, how do you summarize a definition of tort law into simple linguistic educational terms? Most of the time, a simple one sentence definition of complex legal topics leaves those who are hearing your explanation of the concept for the first time totally baffled. For example, here is a quick summation of what this branch of civil law covers: When a person or organization is accused of wrongdoing and is found to either be at fault due to negligence or otherwise intentionally harmful actions against another party, tort law comes into play. Although there are three types of tort, including intentional torts, unintentional torts and “strict liability” torts, all torts are intended to provide restitution by ordering that compensation be paid to the aggrieved party by the responsible party. In other words, it’s a mechanism for settling disputes that have resulted in physical, financial or emotional harm. Some of the types of personal injury lawsuits that fall under this branch of civil law include:

A continued overlap between the fields While the common experience of experiencing harm and seeking a means to recover cannot be expressed more plainly, there are many legal words and phrases used throughout this summary that have layers of meaning. However, any attempts to explain the origins and nuances of legal terminology will only serve as a distraction instead of clarifying the concepts of tort law and how they relate to linguistic principles.

The overlap between legal terms and the vocabulary and grammar used in linguistics can be useful for both linguists and legal professionals. This is particularly useful when it comes to educational applications of legal terminology and clarifying more complex legal matters, as well as when it comes to helping language students and teachers understand the different meanings of words used in everyday conversations.

So how does the relationship between linguistics and law translate into the language classroom? Legal terminology can be used in class to increase both language comprehension skills and general knowledge of the corresponding topic. Investigating the basic terminology and grammar behind various topics in law can help establish language skills as a foundation for building on the topic itself, particularly when it comes to terminology and rules of grammar. Most language teachers don’t have a background in the study of the law or linguistics. Integrating these topics into the language learning environment makes it possible for students to understand the language on two levels, as both a topic of interest in its own right and as merely a means of communication. Whether used to explain the relationship between these fields or to identify the basics of grammatical rules, applied linguistics and tort law can be effectively combined within the language learning arena.

As a language educator, when reading articles that involve legal terms for agreements (both verbal and non-verbal), I have to consider how the phrases and gestures affecting them can be understood in language education. This kind of consideration is particularly important when it comes to things such as legal precedence for using gestures (in this case, a handshake) as a form of “contract” rather than using words or text as a basis for it.

So the question is a handshake legally binding? becomes relevant to me both in terms of how we understand and interpret this question in order to teach others its meaning. When we analyze how the words we use, either spoken or written, affect agreements that we make and what the implications of those agreements are, we also have to understand what impact our body language and non-verbal cues have on these issues as well.

I cannot help but wonder how language education can be used to teach these kinds of legal implications. Though I am not a lawyer, as a linguist I know that knowing how the language involved in legal agreements can help us not only understand what agreements we have made, but also can give us a deeper understanding of the language we use to enforce its legality.

Even if you know what “yes,” “no,” or “maybe” means, when you translate these words into a handshake or head nod, other cultures may have different interpretations of what those actions may mean to the person you are communicating with. High Print Technology has written a similar article, explaining how cultural norms surrounding gestures, especially ones as common as a handshake, can vary by culture, and how that affects agreements you form with others.

I also write articles on the legality of verbal agreements and have discussed verbal agreements before here on The Center for Applied Linguistics website. Now I would like to explore the legal validity of verbal versus non-verbal agreements in more depth. However, I also consider how much we get into the depths of legal analysis when formulating language education messages.

There are many factors that come into play when it comes to forming a legally binding agreement in any country. Generally speaking, formative elements include intent to enter a legally binding contract, offer and acceptance of that offer, genuine consent to the provided terms, legality (as in, they aren’t illegal) of the contract, and reciprocal consideration. However, the legality and interpretation of these conditions can vary between different countries’ legal systems, and even between different states within the same country. Therefore, it is important to keep the culture of the person you are communicating with in mind when considering contractual agreements.

If the culture in a particular country does not recognize a handshake as an acceptable way of contracting an agreement, it likely will not be legally binding for them, causing a surprise on their part if you insist on using it.

Language educators should teach students that gestures such as a handshake can in effect become a binding contract when used correctly with the correct person and in the right cultural context. Then, we can focus on actually using the handshake as a legitimate form of contracting an agreement, and understand its implications.

It is important for language educators to take into consideration how handshakes can be used when forming contractual agreements, as they can immediately interpret a situation, while also not allowing them mutual understanding of what the implications of that situation can actually be.

For more information on the legal aspects of contracts, you can visit the Legal Information Institute at Cornell Law School.

Educators, remember the days when finances were kept under the radar? They are long gone, and are becoming an undeniable part of our lives. As educators, we are responsible for developing lessons which are relevant, and that reflect the realities our students face in their daily lives. This includes financial literacy. When you teach money concepts to adults, one of the most prominent challenges they face is understanding the language associated with the financial aspects of life. To draw from the legal industry, one of the biggest concerns for a new business owner is, are legal fees for criminal defense tax deductible? That is far too complex of a concept to teach without breaking down into smaller bits. When we teach, we want to make sure to explain all necessary components, in addition to giving an overview of the big picture. We do this by making our lessons relevant and relatable.

Today we’re going to focus on the taxes that may be associated when an individual is accused and/or convicted of a crime. The first step to understanding taxes is learning the general principles. Simply put, “deductible expenses are items you can subtract or deduct from your total taxable income. The less taxable income you have, the less tax you will pay. Deductions can be as simple as meal expenses for a business meeting or gas mileage for turning your hobby into a side hustle; buying a business car or any other vehicle.” On the other hand, “non-deductible expenses include personal expenses, appliance purchases, remodels, etc.” (refer to taxes.lovetoknow.com). In terms of criminal defense cases, while the individual may be found guilty, many expenses associated with the case are not tax deductible. For example, conference calls, printing costs, travel/vehicle expenses, postering, any special research costs, anything related to calls/witnesses/records, and communications.

It is essential to give financial literacy a top priority when you teach adults. Understanding taxes is just one component of everyday money understanding. If you’re unsure where to start, consider what common concerns they may face. For example, how often do you think folks need to monitor their bank statement for fraudulent activity? Or, what about when they visit a grocery store and notice a service fee at an unattended self-checkout kiosk? When we look at what finances look like in a day-to-day job, the options for increasing financial literacy are endless. Focus on simple day-to-day tasks and National Financial Literacy Month resources like those offered by the National Association of Federal Credit Unions.

According to Investopedia, there are a variety of common tax-related vocabulary words that every working adult should know, such as: Unfortunately, going back to our complex example of are legal fees for criminal defense tax deductible? Christopher Peterson’s, Jr. agrees that legal costs as a whole are not tax deductible, however “certain legal fees may be deductible depending on the situation, however, for the most part, deducting personal legal expenses on a tax return is not permitted” (refer to www.investopedia.com). You’ll notice I’ve defined all of these key terms, because that is the simplest way to teach tax terminology to a diverse class. Consider dual language programs that integrate teaching financial literacy. Financial literacy plays a direct role in an individual’s success in life, therefore it should be an essential component of adult language programs.

As for are legal fees for criminal defense tax deductible? If you speak to a customer service representative, they have a duty to document everything; as a result, when you tell them what your issue is, ask them to show you where in the tax code tells them that legal fees are not deductible, and ask why the IRS states otherwise. It could be a clerical error on the part of the service provider; alternatively, it could be an opportunity for you to teach them something new. Laurie Koloski from For Lawyers Only says “If you and your criminal defense lawyer were successfully able to argue that your criminal charge was related to securing your current job, you would be able to deduct these legal expenses. To be clear, legal fees are not automatically deductible. You would need to prove that hiring the lawyer related to your employment.”

With that, when are legal fees for criminal defense tax deductible? As educators, we always strive to learn new and interesting information that can enhance our classroom experience. For example, For Lawyers Only cites an article by Tax Talk entitled “Deducting Legal Fees for Criminal Defense”, which states that if a client can prove that a conviction protects work status going forward then those legal fees are legitimate deductions.

For more information on tax deductions, you can visit the IRS website.

Modern scholars and those who study language as a career need to be acutely aware of risks that can affect education in this field. Without the right protections in mind, they may quickly find that their progress is stymied or even halted.

When educators have business resources available to them, they can move forward with confidence. The backbone of any school is the faculty and staff, and attorneys who understand the unique concerns in the education space can bolster the important work that they do.

Business lawyers usually offer initial consultations at no charge and this is where they can help schools the most. College programs and other educational institutions have contracts that need to be understood and drawn up. Mistakes in the drafting process can create liabilities and other complications that only increase over time. Language centers need to hire a lawyer for their start-up needs, which may include a program agreement or other school documents.

Once a program is on the books, though, there’s still plenty of work to be done. Money doesn’t just flow in by magic; the right attorneys know how to seek out a grant for schools interested in growing. What goes along with this step is an understanding of compliance issues. A business attorney can help you keep your school on the right side of the law, so you can protect your students.

How many times have people thought about a problem and not come to a satisfactory conclusion? The challenge of understanding the law on your own is compounded by the fact that there are so many distractions in your life. Students are involved in complex projects. Learners have many things to do that don’t occur on a regular schedule and that leaves you with many distractions.

In order to avoid issues, get the right education attorney on your side.

Establishing a school is one way to seek funds to support its operations. The good thing about working with attorney involving a business plan is that these individuals have the ability to see the big picture and make sense of it all. They know grants and projects can be funded, and they know when to say no.

There are many organizations designed to help learners and educators. Any school looking for a business attorney can find one from this organization. Once you go through the steps of hiring an attorney, you must stay in touch with them. When you need to establish a new program, schedule a meeting and let them know what you plan to do. They’ll place their legal knowledge to assist you with the next project. Education providers of all kinds need to work with business attorneys as they attempt to offer projects. Again, these professionals have the ability to offer a kind of support that makes it easier to move forward. They’ll be there to identify any problems with a business plan and put everything in order when needed.

We have discussed the recognition (or lack thereof) of common law marriages in Pennsylvania here at Stuff I Make My Husband. In keeping with our overall theme of linguistic precision and how that applies in real worlds situations, we wanted to take this idea a step further to look into the linguistics of legal documentation and communication more generally. While this post does focus on the most common application of the words “marriage” and “divorce” (as they appear in the context of a state legal code), recognizing and applying the principles we discuss here can have a far-reaching impact on many facets of communication and use of language across a wide range of contexts. This is particularly true when addressing a dual language setting.

After all, saying someone is “married” is very different than saying someone “used to be married,” and both are very distinct from saying someone was never married at all. While it will not get as much press as the highly publicized definition of “is” by the president himself, language is critically important in the law. These are some common ways we see the courts attempt to clear up what it means to have been married at any point in time, with varying amounts of success.

The meaning behind the words is there common law marriage in pennsylvania is itself an interesting topic with a lot of linguistic history behind it. Common law marriage as a concept comes from English law and refers to a marriage that essentially was accepted as a marriage by local custom even if it didn’t fit the parameters of a formal, state sanctioned marriage. Instead, the mere holding out of the parties as being married (i.e. using the language of being married in all social settings) could constitute a common law marriage. This was because England didn’t have formal registries or ceremonial requirements, so this type of concept was fairly prevalent.

In America, though, formal statutes exist that actually define marriage. Pennyslvania law has such a statute, however, the language of the statute makes the existence of common law marriages in Pennsylvania a lingering issue. Pennsylvania’s law states that any person who was previously married under common law before 2005 (the year when the common law marriage provision in Pennsylvania law was repealed) can still rely upon the common law marriage in a court of law today. Because that the mere holding out as a married couple can in some cases be based on the use of language, let’s look into the statute, and the language therein, that the courts have used to explain the meaning behind the words common law marriage.

The first recommendation we can make is to NEVER leave your spoken word to interpretation if you are in a position where linguistics are critically important. Even if something seems like the simplest of phrases, leaving one’s spoken words to interpretation can lead to massive linguistic issues of incongruity. Indeed, even the use of the word “used to be” can be read to mean a strict termination of a relationship, or something with more potential for future contact.

And so it goes with common law marriage. Even if the courts attempt to explain it, the nuances of the language used can produce very real consequences. As noted by the courts in the consequences of the use of the word “or” can produce linguistic discrepancies. Indeed, the following example is a clear example of how the “or” can be read one way, or another:

While the parties are presumed to have contracted a valid marriage, when one of two people in a relationship pass away, questions arise as to whether the “surviving” spouse was legally married to the decedent. The dichotomy between the two interpretations lies in the use of the word “or.” If the decedent “and” the survivor had cohabitated for a period of at least three-years as husband and wife, a valid marriage was allegedly entered into. However, if the decedent “or” the survivor had a three-year period of cohabitation, with or without a valid marriage, a common law marriage is alleged to have existed.

But how does this really apply to an everyday situation? To understand the issues with “or” mentioned above, imagine taking English language classes where students are being taught the differences between “or” and “and,” and then a legal document is presented to them that uses the word “or” instead of “and.”

This is just one example of a document where the use of “or” could lead to the disqualifying of a marriage, and therefore the disqualification of the rights of a surviving spouse to inherit from the property of the deceased spouse.

There are a few ways that you can approach this kind of language-whichever way you choose to address the language issues depends on the context in which you are teaching.

In addition to the above, here are a couple of resources that may help educators teach legal terminology and concepts in a manner that can be understood and accepted. For more information on common law marriage, you can visit Wikipedia.