Be careful what you blog or post.

Words have consequences.  This is even more true in the digital age. 

Recently a nursing student posted a detailed blog post about her experience with an obstetric patient which “attempt at humor was an abject failure . . . Her observations on women, children, motherhood and the birthing process are for the most part, crass and uncouth." Yoder v. Univ. of Louisville, 2009 WL 2406235 (W.D. Ky Aug. 3, 2009).  Yoder was summarily dismissed from the nursing program because of her "internet postings regarding patient activities and identification as a University of Louisville School of Nursing student violates the nursing honor code which you pledged to uphold on September 7, 2008."  She eventually brought suit under 42 U.S.C. §1983 for violation of her First Amendment right to free speech.  She also argued that a confidentiality agreement she was subject to was unconstitutionally vague.  Further, she alleged that there was also a violation of her Fourteenth Amendment right to due process.  The District Court granted summary judgment in favor of the dismissed nursing student based on contract interpretation and did not make any determinations on the Constitutional issues.  Basically, the District Court ruled that the confidentiality agreement, code of conduct and standards of the nursing profession were either too vague or the facts of the case did not rise to the level of being a violation/breach.

Can you rely on Wikipedia as legal authority?

Is Wikipedia primary authority?  Is it reliable?  Should you rest an argument on what you find in Wikipedia?  If you answered “yes”, you better think again.  In United States v. Sypher, 2011 WL 579156 (W.D. Ky. Feb. 11, 2011), the Court had to remind the defense attorney that Wikipedia is not an acceptable source of legal authority in United States District Courts.  The court noted that the defense council cobbled much of his argument of law by cutting and pasting, without citation, from the Wikepedia web site:

What Instructions Can I Provide in my Will? Can I Refuse to Provide for Some Members of My Family?

You can provide little instruction or very detailed instructions in your Will.  Usually, though, a Will provides instructions for the care of any children and also names a "personal representative" to manage and distribute your estate after you die.  The personal representative, which can also be legal entity, gathers your property, pays any debts and taxes, and distributes the balance of your estate to the people or organizations you have named in your Will.

Specifically excluding a person from inheriting part of your estate is called "disinheriting."  A married person cannot disinherit a spouse without the spouse’s consent. You may specifically exclude or "disinherit" a child as long as you are clear about it in the Will so that the disinheritance does not appear to be a mistake.

What Happens if You Die without a Will?

If you die without a Will, Minnesota law determines who receives all or a portion of your estate. Though there are exceptions in the law, the balance of your estate would usually go to your spouse, if your spouse is still alive. If your spouse died before you died or you did not have a spouse, the balance of your estate would go to any children. Generally, if you are not survived by a spouse or children, Minnesota law would distribute the balance of your estate to your parents, siblings or cousins, though it depends upon who among your legal heirs are still alive at the time of your death.  If you have no surviving family and die without a Will, the balance from your estate would usually be paid to the State of Minnesota.

What is required to create a Will?

While each state may have different requirements for creating a valid Will, a valid Will in Minnesota must be a written document signed by a person who is at least 18 years old and of "sound mind." In addition, two witnesses must also sign the Will indicating that they witnessed the person's signature or were present when the person making the Will acknowledged that he or she signed the Will.  An attorney can assure that the requirements to make a valid Will are strictly followed.

What does a Will do?

A Will typically accomplishes two primary things.  First, it directs who will receive your "estate" after your death.  Second, it provides instructions about what should happen after your death, including who should care and provide for your children or dependents.  An "estate" includes furniture, jewelry, cars, bank accounts, business, property, and real estate that you own.  In a Will you can direct who is to receive a portion or all of your estate.