International law

More On Piercing The Corporate Veil In Indiana, And The UFTA by John D. Waller

2007-07-31T20:56:00.001-07:00

This follows-up my May 15, 2007 and May 23, 2007 articles about Indiana law applicable to creditors that want to pierce the corporate veil and that wish to recover under Indiana's Uniform Fraudulent Transfer Act. On July 20, 2007, the Indiana Court of Appeals issued an opinion upholding the trial court's piercing of the corporate veil, normally a difficult thing to do, as well as affirming liability based on the UFTA. See, Four Seasons Manufacturing, Inc. v. 1001 Coliseum, LLC, 2007 Ind. App. LEXIS 1589 (Ind. Ct. App. 2007).
Indiana's general principles on "piercing". Four Seasons, on page 12, sets out these guidelines:
1. Indiana courts are reluctant to disregard the corporate identity and do so only to protect third parties from fraud or injustice when transacting business with a corporate entity.
2. The process of piercing a corporate veil is equitable in nature, and courts necessarily engage in "a highly fact-sensitive inquiry."
3. Parties seeking to pierce the corporate veil bear the burden of establishing that the corporation was so ignored, controlled or manipulated that it was merely the instrumentality of another and that the misuse of the corporate form would constitute a fraud or promote injustice.
Factors to be considered. To get to individual owners, the following evidence may be considered (see, pp. 12 and 13):
1. Undercapitalization;
2. Absence of corporate records;
3. Fraudulent representation by corporation shareholders or directors;
4. Use of the corporation to promote fraud, injustice or illegal activities;
5. Payment by the corporation of individual obligations;
6. Commingling of assets and affairs;
7. Failure to observe required corporate formalities; or
8. Other shareholder acts or conduct ignoring, controlling or manipulating the corporate forum.
To get to other entities, in addition to the eight factors above, Indiana courts consider these:
1. Similar corporate names were used;
2. The corporations shared common principal corporate officers, directors, and employees;
3. The business purposes of the corporations were similar; and
4. The corporations were located in the same offices and used the same telephone numbers and business cards.
Importantly, each of the above factors does not need to be proven in order to pierce a corporate veil. The list is non-exhaustive. There does not necessarily need to be evidence of every factor. Id. at 16. In Four Seasons, the Court of Appeals held that the plaintiff commercial lessor (creditor) presented adequate evidence that the defendant entity basically orchestrated a fraudulent purchase agreement between two related entities (both of which were owned by the defendant) in order to shield those entities from liability associated with a lease default.
Uniform Fraudulent Transfer Act. Actions pursuant to the UFTA and proceedings to pierce the corporate veil sometimes go hand in hand. Four Seasons is one of those cases. Indeed the plaintiff was able to recover its damages from the corporate owner of the defaulting entity/lessee under the piercing theory and, alternatively, the fraudulent transfer theory. One specific question in Four Seasons was whether the defendant was a "debtor" under the UFTA, Ind. Code § 32-18-2. A "debtor" is "a person who is liable on a claim." I.C. § 32-18-2-6. The Court of Appeals held that the defendant entity was a debtor because it coordinated the fraudulent transfer at issue. Also important was the fact that the defendant was the 100% owner of both the defaulting lessee and the entity that "purchased" the lessee at the time of the default.
The remedies provision of the UFTA, I.C. § 32-18-2-7, focuses on the amount of the fraudulent transfer - no more, no less. In Four Seasons, the UFTA damages consisted of the value of assets the defendant entity fraudulently transferred between one entity to the other entity in order to avoid a judgment based on the lease breach. Id. at 22-24. That amount consisted of the value of the assets that the breaching entity (the corporate lessee) possessed upon default - the same amount of money fraudulently transferred out of that entity to the second, related entity.
The Four Seasons case offers secured lenders guidance when faced with decisions concerning whether to pursue the assets of individuals or entities other than those of the actual borrower's. Piercing the corporate veil and UFTA actions can be expensive and time-consuming cases, not to mention difficult ones to win. This and other recent Indiana cases demonstrate, however, that it can be done under certain circumstances.
About the Author
John D. Waller is a partner at the Indianapolis law firm of Wooden & McLaughlin LLP. He publishes the blog Indiana Commercial Foreclosure Law at http://commercialforeclosureblog.typepad.com. John's phone number is 317-639-6151, and his e-mail address is jwaller@woodmclaw.com.

Guide to Current Patent Reform Legislation by Robert Ambrogi

2007-07-31T20:55:00.000-07:00

Legislation that would dramatically overhaul U.S. patent law appears to be on a fast track in Congress, but legal and business groups are finding themselves at odds over the legislation. In an effort to help make sense of this legislation, we offer this guide to its key provisions, together with summaries of the arguments being raised for and against.
CONVERT U.S. TO FIRST-TO-FILE
In what would be a fundamental shift in U.S. patent law, the bill would bring the United States into conformity with the rest of the world by converting it from a first-to-invent to a first-inventor-to-file system.
Proponents maintain this would simplify the patent process, reduce legal costs, improve fairness, and enhance the opportunity to make progress toward a more harmonized international patent system. A first-to-file system, they say, provides a fixed and easy-to-determine date of priority of invention. This, in turn, would result in greater legal certainty within innovative industries.
Proponents also believe that this change would decrease the complexity, length, and expense associated with current USPTO interference proceedings. Rather than tie up inventors in lengthy proceedings seeking to prove dates of inventive activity that may have occurred many years earlier, inventors could continue to focus on inventing.
Finally, because this change would bring the U.S. into harmony with the patent laws of other countries, it would enable U.S. companies to organize and manage their portfolios in a consistent manner.
Opponents argue that adoption of a first-to-file system could promote a rush to the USPTO with premature and hastily prepared disclosure information, resulting in a decline in quality. Also, because many independent inventors and small entities lack sufficient resources and expertise, they would be unlikely to prevail in a "race to the patent office" against large, well-endowed entities.
The USPTO opposes immediate conversion to a first-to-file system, in part because this remains a bargaining point in its ongoing harmonization discussions with foreign patent offices. Inventors also oppose this.
APPORTIONMENT OF DAMAGES
The bill would significantly change the apportionment of damages in patent cases. Under current law, a patentee is entitled to damages adequate to compensate for infringement but in no event less than a reasonable royalty. Section 5(a) of the bill would require a court to ensure that a reasonable royalty is applied only to the economic value attributed to the patented invention, as distinguished from the economic value attributable to other features added by the infringer.
The bill also provides that in order for the entire-market rule to apply, the patentee must establish that the patent's specific improvement is the predominant basis for market demand.
Proponents say this measure is necessary to limit excessive royalty awards and bring them back in line with historical patent law and economic reality. By requiring the court to determine as a preliminary matter the "economic value properly attributable to the patent's specific contribution over the prior art," the bill would ensure that only the infringer's gain attributable to the claimed invention's contribution over the prior art will be subject to a reasonable royalty. The portion of that gain due to the patent holder in the form of a reasonable royalty can then be determined by reference to other relevant factors.
Complex products, the proponents contend, often rely on a number of features or processes, many of which may be unpatented. Even where the patented component is insignificant as compared to unpatented features, patentees base their damage calculations on the value of an entire end product. This standard defies common sense, distorts incentives, and encourages frivolous litigation.
Further, courts in recent years have applied the entire-market-value rule in entirely dissimilar situations, leaving the likely measure of damages applicable in any given case open to anyone's guess.
Opponents argue that Congress should not attempt to codify or prioritize the factors that a court may apply when determining reasonable royalty rates. The so-called Georgia-Pacific factors provide courts with adequate guidance to determine reasonable royalty rates. The amount of a reasonable royalty should turn on the facts of each particular case.
Although intended to guard against allegedly inflated damage awards, this mandatory apportionment test would represent a dramatic departure from the market-based principles that currently govern damages calculations, opponents say. Even worse, it would result in unpredictable and artificially low damages awards for the majority of patents, no matter how inherently valuable they might be.
Opponents further argue that this change would undermine existing licenses and encourage an increase in litigation. Existing and potential licensees would see little downside to "rolling the dice" in court before taking a license. Once in court, this measure would lengthen the damages phase of trials, further adding to the staggering cost of patent litigation and delays in the judicial system.
WILLFUL INFRINGEMENT
Section 5(a) of the bill would limit a court's authority to award enhanced damages for willful infringement. It would statutorily limit increased damages to instances of willful infringement, require a showing that the infringer intentionally copied the patented invention, require notice of infringement to be sufficiently specific so as to reduce the use of form letters, establish a good faith belief defense, require that determinations of willfulness be made after a finding of infringement, and require that determinations of willfulness be made by the judge, not the jury.
Proponents say that willfulness claims are raised too frequently in patent litigation - almost as a matter of course, given their relative ease of proof and potential for windfall damages. For defendants, this raises the cost of litigation and their potential exposure.
A codified standard with fair and meaningful notice provisions would restore balance to the system, proponents say, reserving the treble penalty to those who were truly intentional in their willfulness and ending unfair windfalls for mere knowledge of a patent.
Further, tightening the requirements for finding willful infringement would encourage innovative review of existing patents, something the current standard discourages for fear of helping to establish willfulness.
Opponents argue that willfulness is already difficult to establish under existing law. The additional requirements, limitations, and conditions set forth in the bill would significantly reduce the ability of a patentee to obtain treble damages when willful conduct actually occurs. The possibility of treble damages under current law is an important deterrent to patent infringement that should be retained as is.
INTERLOCUTORY APPEALS
Section 10(b) of the bill would permit an interlocutory appeal to the Federal Circuit Court of Appeals after a Markman hearing on claim construction, rather than waiting for a final judgment from the district court.
Proponents say these appeals would reduce the length and cost of litigation. Claim construction, they argue, is a fundamental predicate that goes to the heart of any patent infringement case. Until a claim is construed, it is impossible to establish whether infringement occurred and whether the patent is invalid. This process also serves to narrow discovery and motion practice and related expenses.
Proponents assert that an interlocutory appeal would help to mitigate the judicial inefficiency that occurs when a full trial is conducted based on an incorrect interpretation of the patent, only to be reversed on appeal and sent back for a second trial. More than a third of all Markman rulings are overturned on appeal, meaning that many litigants end up paying the attorney fees and expenses for two trials.
Opponents say interlocutory appeals from Markman hearings would increase litigation and court congestion and offer "another bite at the apple" because the reversal rate for claim construction is fairly high. The net result, they say, will be to significantly delay final judgments from the lower court, significantly delay potential settlements, and significantly increase litigations costs.
Opponents argue that the Federal Circuit would not be able to handle expeditiously the large numbers of Markman appeals, meaning that resolution of the underlying district court cases would be delayed for years.
If this provision is enacted, opponents say, it would result in an interlocutory appeal in virtually every patent infringement case as soon as a Markman order is issued. One study estimates this would double the number of appeals each year.
POST-GRANT REVIEW
The bill would expand the ability of third parties to challenge a patent after its issuance. In particular, it would allow any person to oppose a patent within 12 months after it is granted. More controversially, it would allow a challenge at any time if the petitioner "establishes a substantial reason to believe that the continued existence of the challenged claim in the petition causes or is likely to cause the petitioner significant economic harm."
A newly designated Patent Trial and Appeal Board would be responsible for conducting the post-grant reviews. The presumption of validity that applies to patents during litigation would not apply to these post-grant review proceedings. Instead, a "preponderance of the evidence" standard would apply.
The so-called second window - the ability to challenge at any time - is necessary, proponents say, to allow for a meaningful and broadly available reevaluation of suspect patent claims before a firm is forced into prolonged and expensive litigation.
PRIOR USER DEFENSE
Section 5(b) of the bill expands the prior-use defense, which presently applies only to business-methods patents, to cover all patents.
Proponents argue that this expansion is reasonable in a competitive economy and strikes a balance between trade secret and patent protection. They also say it goes hand-in-hand with U.S. adoption of a first-to-file rule. Prior-user rights benefit smaller businesses, which often lack the resources or know-how to pursue patent protection, proponents say. This measure would allow them to commercialize their inventions when they used the subject matter of the invention prior to the patent's filing date, even when they did not pursue patent rights.
Some foreign countries presently allow prior-user rights, including Germany and Japan. This measure would help level the playing field for U.S. companies by putting them in the same competitive position as their overseas counterparts.
Opponents contend that prior-user rights undermine the purpose of a patent system by creating a strong incentive to protect innovations as trade secrets. Under a prior-use defense regime, if inventors are able to protect their innovations as trade secrets, they are able to use them indefinitely, even if someone else obtains a patent on the invention.
Opponents also argue that this change would benefit larger corporations at the expense of smaller ones. They also contend that prior-user rights would reduce the value of patents and therefore make innovation less desirable.
VENUE
Section 10(a) of the bill limits the places where corporations may be sued in patent cases by amending 28 U.S.C. § 1400(b) to provide that a corporation "resides" only where it has its principal place of business or in the state in which the corporation is incorporated. Current law presumes a corporation to reside wherever it is subject to personal jurisdiction. This change would not apply to declaratory judgment actions brought by alleged infringers.
Proponents argue that this change would discourage forum shopping. As the law now stands, any company whose products are sold nationwide is subject to patent litigation in any jurisdiction in the country. As a result, certain jurisdictions have become magnets for patent cases because of the disproportionately high number of cases they decide in favor of patentees.
This forum shopping imposes a costly burden on businesses which must collect evidence and witnesses and travel to remote jurisdictions to try complex patent cases over a period of weeks or months.
Opponents argue that this change would be a substantial departure from established practice and may not result in the most appropriate and convenient venue for litigation. Certain district courts attract patent cases not because of favoritism, they say, but because of their expertise and timeliness. They also argue that the impact of forum shopping is minimized by the existence of a single appellate court for patent cases, the Federal Circuit.
USPTO REGULATORY AUTHORITY
The bill would authorize the USPTO to promulgate substantive - as opposed to procedural - rules and regulations for the first time in its history.
Proponents argue that giving the USPTO substantive rulemaking authority would be beneficial to the patent system and would help ensure an efficient and quality-based patent examination process.
Opponents note that the U.S. Constitution expressly gives Congress the power to protect intellectual property and that delegating that authority to an administrative agency would be an ill-considered abdication of that Constitutional authority. Further, this grant of authority would create instability in the patent system, because the USPTO could make multiple changes to the law during the life of a patent. The job of defining substantive patent law is better left to Congress and the courts.
INVENTOR'S OATH
The bill would change the current practice of requiring the inventor to sign an application. It would allow the assignee of an invention to file a patent application in its own name. It would also allow substitutes for the inventor's oath where the inventor is unable or unwilling to sign.
Proponents say this change would reduce unnecessary formalities in the patent application and simplify and streamline the process. They also say this change would go hand-in-hand with a U.S. shift to a first-to-file system.
Opponents say that patent applications filed by assignees may lack the actual inventor's personal guarantee that the application was properly prepared. In addition, assignee filing might derogate the right of natural persons to their inventions.
About the Author
Robert Ambrogi is the editor of BullsEye, a monthly newsletter distributed by IMS Expert Services. IMS Expert Services is the premier expert witness and litigation consultant search firm in the legal industry, focused exclusively on providing custom expert witness searches to attorneys. To read this and other legal industry BullsEye publications, please visit IMS Expert Services at www.ims-expertservices.com.

What Employers Must Know About Whistle Blowing by Attorney Gabirel Cosh

2007-07-31T20:54:00.000-07:00

Whistle blowing is an act wherein an employee reports, to the proper authorities or government agencies, what he perceives as wrongful acts being committed by his employer.
If you are an employer, you should be well informed that your employee is protected by the law against retaliation for his or her whistle blowing. If you are doing something unlawful and you were reported by one of your employees to the proper agency, you cannot penalize your employee for doing this. The next thing that you may do is to prepare yourself for the notice of violation or subpoena from the court requiring your attendance at a hearing. Meaning, face the accusations against you and defend yourself in the proper forum.
Furthermore, you cannot terminate or even discriminate the whistle blower for that matter. You should treat him like any other ordinary employee. Otherwise, you will be in for more damages. The law allows the whistle blower to recover damages from his employer if he was wrongfully terminated or otherwise discriminated due to his act of whistle blowing.
However, you should also know that your employee is not protected by whistle blowing laws if he files any complaint for your illegal acts to other person in your company. But don't be too quick to get back at your employee.
Even though he is not protected by whistle blowing laws, you still cannot attack the whistle blower with impunity. Otherwise, you could be liable for damages for violating your responsibility to treat each of your employees justly and reasonably. In short, you will be violating public policy provisions.
What if you are not really committing an illicit act? Can you then retaliate against your over zealous employee for such wrong accusations? The answer still is no. You cannot retaliate against your whistle blowing employee even if you did not actually commit any illegal or wrongful act. The criteria are, for as long as the employee, in good faith, thinks that you were committing a wrong, the employee is protected from telling on you despite the fact that the information was erroneous.
But then again, you should not fret. A whistle blowing employee is not immune from any sanctions from you after the whistle blowing act. The law mandates to treat the whistle blowing employee the same way you treat an ordinary employee.
Hence, if the whistle blowing employee committed subsequent conduct for which he can be terminated under the law, then you have the suitable reasons to terminate the whistle blower. It is only where the act of terminating an employee is tantamount to retaliation and the law steps in to protect the employee. Treat your employees fairly, especially in California. Otherwise, expert legal eagles might swoop in to make you accountable for violating the law against employee retaliation.
About the Author
For more information about Violation of Whistle Blowing Laws, visit our Los Angeles Lawyers

Settling a Personal Injury Case by Attorney Gabirel Cosh

2007-07-31T20:53:00.000-07:00

Our current legal system is encountering problems due to its own nature. It has become so open and accessible to the public that the slightest injury sustained by a person or the slightest damage that a property has experienced would already amount to a long-standing litigation that would take years before final resolution. We have a society that is sue happy and breaks into litigation that so appropriate in our prevailing realm.
Our government is aware of this growing dilemma, and the fact that our courts' dockets are clogged with so many petty cases. Unfortunately, the more pressing claims are given less attention. With this in mind, our government has outlined several means to settle a particular case without having to resort to court litigation. These other means include mediation and arbitration of the claims.
Mediation and arbitration involve pre-litigation avenues in settling a particular dispute. The fact that the parties are given the opportunity to air their grievances and address their arguments until they reach a common ground. The main goal in mediation and arbitration is arriving at a settlement. These types of settlement process are encouraged by the courts to do away with the adversarial set-up in court litigation and the expensive process of going through the rigid court procedures.
The good thing with the use of these alternative modes of settling disputes is the fact that any settlement arrived at by the parties would be controlling between and among them, it has the force and authority of a decision of a jury, which is considered as final and executory.
Owing to its nature of dependency to the voluntary conduct of the parties in the case, no one can appeal on the final decision of a mediation or arbitration settlement. This means that after the victim accepts the settlement arrived at by the parties then he or she could no longer file any claims in court for the same cause of action. The plaintiff is barred from filing a lawsuit based on a case that has been previously decided upon through mediation or arbitration.
The alternative procedures for settling disputes is now being given importance since it provides the opportunity for the parties to sit down and talk about the circumstances without rigid formality and cost. It does not only foster rational thinking, it also gives ample consideration for the wrongdoers who have accepted the civil wrong he or she committed. It also allows allows another party to willingly forgive the wrongdoer after deciding upon the proper and just compensation.
About the Author
For more information please log on Los Angeles Personal Injury Lawyer site

Discrimination based on Age by Attorney Gabirel Cosh

2007-07-31T20:47:00.000-07:00

A person's willingness to continue working in order to provide for the needs of his family is admirable. However, when one reaches a certain age, it comes to a point when a body fails and unable to do the things it can when young. That is the time when a person must forgo of his or her employment.
Nevertheless, it must be pointed out that age is not major factor in determining if an employee can no longer comply with the demands of his occupation. The condition of the body that determines whether one is qualified to continue with his job.
As always, the employer has ample authority to terminate an employee and break the employer-employee relationship, especially if the production process is already affected by the incompetent acts of the employee. Yet this power granted to the employer cannot be exercised without due regard to the regulations contained in our Constitution and laws.
This means that if an employee has been terminated on the sole basis of his or her age, then such act amounts to unfair labor practice or labor law violations. It is also tantamount to employment discrimination based on age. If this case occurs, the employer would be liable for any untoward damages that may be experienced by the employee.
To further stress the point, if an employee reaches a certain age wherein he would be considered rather old, and then he were terminated from work or become subject to a constructive dismissal by the employer which primary factor solely depends on his age, then the act would fall under discrimination in employment on the basis of age.
An employer has the prerogative to hire or fire an employee, however, this prerogative cannot be used as basis for discriminating against an employee, whether basing on his age or other notable factors like gender, race and religion.
A termination would be valid if it is based on acceptable reasons like if the employee is considered as a liability, already rather an asset to the company. These reasons and other civil wrongs and criminal acts can be the valid reasons for an employee to be dismissed.
An employee who is a victim of discrimination for his or her age and is unlawfully terminated for this reasons, can file for labor law violation claims and can be actually given a higher settlement amount if it is proven that the employer acted beyond his or her jurisdiction. Usually, the reason for the high claims is when an employee is discriminated for his old age and he finds it difficult to find another job again.
About the Author
For more information about Employment Discrimination visit our Los Angeles Attorneys

Does Pennsylvania have a Motorcycle Lemon Law? by Greg Artim

2007-05-05T09:45:00.000-07:00

Pennsylvania does not currently have a specific Motorcycle lemon law at this time. The Pennsylvania Lemon Law currently only applies to personal use cars, trucks, vans and SUV's, for the most part. Fortunately, however, you may be able to bring a lemon law-type claim if you have purchased a defective motorcycle. If your motorcycle suffered a substantial defect while under the original manufacturer's warranty, there is a federal law called the Magnuson-Moss Warranty Act that covers motorcycles that have a written warranty on them. The Magnuson-Moss Warranty Act protects consumers who purchase any product that costs over $25 and comes with a written warranty, so a motorcycle would be covered by this law. The Magnuson-Moss Warranty Act is similar to the Pennsylvania Lemon Law in many regards. Like the Pennsylvania Lemon Law, the Act provides for a refund or free replacement of the defective product, and further provides for recovery of all associated costs including Attorney fees for bringing such a claim. If the purchaser can show that the motorcycle suffered a substantial defect or non-conformity during the warranty period, and the manufacturer was unable to remedy that defect after a reasonable number of attempts, the Magnuson-Moss Warranty Act will provide relief to the purchaser. The Magnuson-Moss Act is an act that was designed to ensure that manufacturers (of any product) who offer a written warranty on that product abide by and honor the terms of any warranty that they give. A purchaser of a motorcycle is a prime candidate to use this law in the event that he purchases a "lemon". In practice, Lemon Law Attorneys have used this Act very successfully in Pennsylvania to protect purchasers of defective motorcycles. If your motorcycle has suffered a defect while still under the original manufacturer's warranty, you may be entitled to a full refund or free replacement, plus free legal representation.
About the Author
Greg Artim is an Attorney based in Pittsburgh Pennsylvania. He handles Lemon Law and Breach of Warranty matters in all of Pennsylvania. Visit his website at www.ihatethislemon.com

Purchasing an existing business - Legal Do's and Don'ts by Greg Artim

2007-05-05T09:44:00.000-07:00

Purchasing an existing business can be a very rewarding endeavor. The first thing that comes to mind about purchasing an existing business is the avoidance of "start-up" costs. The initial costs of creating a new business can be staggering, in addition to the costs for advertising that new business, with no guarantee of a return on your investment. The existing business, however, will have a track record that you can look at as far as income and expenses. While previous performance is no guarantee, it at least gives you a ballpark reference as to what you can expect.
There are many legal considerations when purchasing an existing business. First and foremost is to know exactly what you are purchasing. Are you purchasing the entire business and all of its components, or are you merely purchasing the assets of the business? This is an important issue because you want to make sure that you are not purchasing another person's mistakes. If you are purchasing the entirety of another business, you may be assuming responsibility for all of that business' debts and liabilities, known or unknown. For that reason, we usually recommend that the purchase only include the assets of the existing business. There are exceptions to this rule which are based upon the size, goodwill and standing of the existing business, but that is to be considered on a case by case basis.
When making an Asset purchase, it is extremely important to set forth in writing exactly what the assets are, so there is no confusion after the transaction closes. Make a list of the physically identifiable assets, i.e. the copy machine, the customer list, the desks and chairs, etc... You should also make a list of the intangible assets, i.e. the phone number of the existing business. The failure to consider the exact assets included in the purchase account for many of the business transaction claims that are brought into my office.
The next legal consideration regards the type of business that you are purchasing. Whether it's a Pizza shop or an Insurance business, you want to make sure that the Seller will not open up a similar business right next door to the business that you are purchasing. This is where a Covenant Not to Compete is essential. Almost every type of business purchase transaction should include such a covenant. The Covenant Not to Compete should prevent the Seller from doing many things, including opening a similar establishment, using client or customer lists of the established business, hiring employees of the existing business or advising others to use a competing business. These Covenants are typically limited in time and location. If the Seller is unwilling to enter into such an agreement, the business may not be worth purchasing.
Take the time and effort to consult with your local attorney if you are considering purchasing an existing business. It may save you thousand of dollars and hours of time in the long run.
About the Author
Greg Artim is an Attorney located in Pittsburgh Pennsylvania. For more answers to your legal questions, please visit his website at www.gregartim.com

The Race of the Races by rainier policarpio

2007-05-05T09:43:00.000-07:00

The rule is quite simple, equal employment opportunity is available to any person without regard to his racial orientation, or his genetic characteristic that may be associated with his race. Even marriage to or association with someone of a marginalized ethnicity cannot be a basis for unjustly discriminating an employee.
The prohibition from discriminating against an employee because of race or perceived color covers not merely the hiring of employees but extends to promotion, compensation, job training, termination, or terms, privileges, and conditions of employment. Employment decisions on the basis of assumptions on abilities, and the performance of an individual based on the fact that the employee belongs to a particular ethnic or racial group is also abhorred.
With the advent of new legislations on the matter, even racial jokes such as ethnic slurs, derogatory comments, and other verbal or physical conduct that would in effect create a hostile and offensive working environment are already considered as forms of racial discrimination.
A deliberate attempt to segregate employees from other employees or from their own customers may be viewed as a breach of this particular proviso. Assigning minorities in areas which are considered as predominantly minority establishments is also construed as a form of racial discrimination since it in effect denies the ample opportunity for growth of an employee on the sole basis of his racial origin. It would also run counter to the laws of the land to exclude those belonging to a particular race to limit them to a particular position or in stereotypical designations.
Prohibition also extends to pre-employment requirements notwithstanding the fact that no employer-employee relationship presently exist. Requiring personal information which compels the disclosure of an applicant's race presumes that this information would be used as a basis for making decisions on hiring the applicant, which in itself is already a form of racial discrimination.
Racial prejudice is against the law, despite of this, a colossal battle is still looming in the horizon before the status of equality on the issue of ethnicity can be achieved. It is one race that would require no winners, but only the sensitivity to afford respect, where such is due. All that is necessary is that the same rights afforded to those who consider themselves of higher class because they do not belong to a marginalized racial group are given to those who are coined as colored. If this simple requisite is answered, then equality is not far-fetched.
Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases.
About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

An Abundant, Yet a Scarce Resource by rainier policarpio

2007-05-05T09:42:00.002-07:00

There are four primary factors of production; this includes capital, labor, resource, and the entrepreneur, one being dependent with the other, and as indispensable as any other factor. Yet among these factors of production, the one most often considered as least important using as a basis the benefits and attention given to it is labor.
The irony is that, our present laws give high regard to labor, considering the same as a primary social economic force. The fact is, the state even imposes upon itself the duty to fervently protect the rights or workers, and the promotion of their welfare. Yet, notwithstanding this safety net afforded to the workforce, the sad fact remains: These group of people in the society are often discriminated against and are in a constant uphill battle against oppression and marginalization.
Affording full protection to labor in organized or unorganized establishment, and the establishment of full employment and equal employment opportunities is a staple in every civilized society. Guaranteed rights of workers to include: the right to self organization, peaceful concerted acts, the right to strike in consonance with law, collective bargaining agreement, security of tenure, living wage, and humane conditions of work are only some of the safety provisions promoting a workman's welfare. Despite these array of rights explicitly contained under our laws, some if not all of industries which are labor-intensive do not afford said benefits. Adding insult to injury, these production-based employees are even strapped in a hostile employment environment making their situation much more degrading and unwanted.
In a situation where an employee's rights are not afforded, the occurrence of antagonistic relationship between labor and management is not an uncommon picture. Hence, in an aim of avoiding to sacrifice a stand-off in production, the promotion of shared responsibility and the use of voluntary modes in settling brewing disputes are necessary. Labor is indeed an abundant resource, consequently, due to its increasing supply, the cheaper it is to acquire the same. So cheap in fact that even if not all the standard rights are afforded, still many individuals would readily accept any employment offer. Couple this fact with the growing incidence of poverty, and then what you have is an industry that caters more to the interest of the owners of the means of production, than those who use manpower to produce the same. As a result of this dichotomy, the fact of having abundant labor is a truism, but then again, despite the abundance of labor and the absence of the appropriate benefits afforded to them, quality labor is scarce.
Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases.
About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

Prevention Is Better Than Cure by rainier policarpio

2007-05-05T09:42:00.001-07:00

The logic is quite simple; avoiding the occurrence of a mishap is more prudent than finding a means of curing it when it is already on hand. In the present day and age, the felony of theft may already be committed even in what may seem like the safest means of consummating a transaction, through the internet. The unsuspecting utilization of your Social Security Number in transactions over the net is usually the cause of certain inconsistencies and controversies in the auditing of your account. Hence, avoiding the frequent use of your Social Security Number would eliminate this looming predicament. Always take into consideration the fact that a legitimate company would not require passwords or other information through e-mail. Before providing credit card or other information in the net therefore, make it a practice to confirm the legitimacy of the site. You can do so by verifying the site's address and what appears in literature or from some other reliable source.
Among the measures available to prevent such disaster include but is not limited to: avoiding to provide financial and personal information in response to phone calls which are unsolicited, to include letters and e-mails. While your employer and other financial entities may have official need of your Social Security Number, you have all the right to refuse the request of merchants and other service providers, since there are other means in identifying your person apart from giving your Social Security Number.
Logic also dictates that you must choose Personal Identification Numbers or passwords for bank and Internet accounts, respectively that would be difficult if not improbable to decode. Avoiding the use of home addresses or the date of your birth are some practical tips in avoiding the occurrence of said fraudulent act.
You must also be wary in dealing with businesses that would require the use of such personal information. Before doing the same, a background information must be obtained in determining whether the business entity is a legitimate institution complying with all the requisites of incorporation. A well conducted research on the following issues before entering into any transaction would provide the security you long for in the conduct of your business.
Another common downfall is the clueless belief with another merchant's oral representations alone. The possibility of acquiring written information, although it may seem tedious, would be the best prevention for the occurrence of said dilemma.
Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases
About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

The Secrets of Having a Successful Personal Injury Claim by rainier policarpio

2007-05-05T09:41:00.000-07:00

In any manner, a number of us have been engaged in accidents which cause us to suffer slight or serious personal injuries. Whether it is brought out by our own fault or other party's misconduct, injuries or impairments still cause us to suffer much. However, on the latter case, it is highly-recommendable to file a personal injury claim against the unruly party to compensate whatever damages you have incurred.
The Personal Injury law, or the Tort Law, covers all the items which can be associated with personal injury cases. It also states all the possible sanctions which the accused may suffer including the financial damages that he may be obliged to pay to the victim. This law aims to aid the poor victims in their monetary needs such as paying for their hospital bills and sustaining their families' daily basic necessities. Also, some torts can be included in criminal offenses that put a guilty party in jail. Otherwise, it is still necessary for the victims to pursue a case in the court to get it started. But, in doing this one should first know the basics of the Tort Law and strictly follow the proceedings of the case in order to bring quite a superior result in his legal battle.
Primarily, an individual should take in to account the three bases of the personal injury case before filing a petition. In most of its occurrence, the accident can be attributed to Negligence which explains that the defendant has to take the responsibility on whatever effects his failure of exercising his duties may inflict to the victims. Moreover, these incidents may also be connected to Intentional Wrong which means that an individual who will be proven of knowing the probable consequences of his actions but still choose to pursue it and cause injuries to people, is might as well be culpable of violating the law. The very last is Strict Liability which is applicable to those cases where the violator manufactured substandard or defective products which later cause injuries and impairments to those people who utilize it. These torts are the mere point of arguments in a personal injury lawsuit. That is why an individual must first determine what among these three torts is applicable to his case in order for him not to be lost in the process of his filing the claim.
Another thing is, like any other criminal court case, the petitioner is given the free will, under the law, to seek legal assistance coming from a respectable and duly qualified personal injury lawyer to help him out in his endeavor of pursuing the legal battle. This right will certainly boost the chances of the victims in obtaining success and in acquiring the largest possible financial damages in the shortest time. To add, a legal representation will probably ease the burden of these victims from undertaking the complicated procedures, thus, giving them much quality time to spend with their families and friends.
Finally, the actualization of one's rights and the adherence to strict safety precautions is still much better than being engaged in this unpleasant situation. In whatever activities we execute, we must put in mind that prevention is much better than cure.
Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases.
About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

Personal Injuries, Specified by rainier policarpio

2007-05-05T09:40:00.000-07:00

Personal injuries result in various scenarios such as the following:
a.) Vehicle accidents - one of the most common cause of injuries which happens as an outcome of a vehicle mishap; includes cars, motorcycles, trucks, buses, planes, boats among others. These accidents attribute to the affliction of the drivers, passengers and even pedestrians.
b.) Brain injury - a very lethal form of injury which may be caused by an accidental or deliberate attack on the head that result from minor to severe brain damages or even instantaneous death of the victim.
c.) Premise liability - this occurs when an individual suffers impairment in other party's premises due to the owner's negligence in maintaining order and safety to his or her property.
d.) Animal attacks - can also be considered as the most terrifying causes of physical and mental damages that are mainly the consequences of being bitten or attacked by misbehaving animals which are mostly dogs.
e.) Product liability - utilizing such defective or sub-standard products which in return may cause the user to acquire such damages like food poisoning, appliance electrocution among others which may also cause a person's death. Primarily, the product manufacturers and distributors can be held liable for whatsoever injuries that may result in using their faulty product.
f.) Slip and fall - these instances may greatly happen in establishments such as malls, offices, schools and even hospitals to name some. These are also the outcomes of failing to provide the customers, employees, students and others a safe and secured environment.
g.) Medical malpractice - medical practitioners such as physicians, dentists, nurses, midwifes and other individuals who bestow us medical attention have the responsibility of ensuring our health. But due to some neglectful acts, they tend to detach from the accepted standards of performing their jobs. As a result, their patient's health conditions even worsen or sometimes even cause fatalities.
h.) Worker's compensation - every employee has the right under the personal injury law (Tort Law) to be provided of a safe and sound wok place by their employers in order to prevent the occurrence of accidents which result to injuries. Thus, any acts of neglect or failure to discharge his duty as the employer may cause him a lot of problems in facing personal injury charges that may be filed by the affected worker.
i.) Spinal cord injury - this occurrence may be brought up by unintentional or deliberate deeds like medical malpractice or an assault to the victims back. In serious cases, this may also result to paralysis or immediate fatality of a person.
j.) Construction liability - the dangers of such work area may be the ultimate reasons of accident occurrences in a construction site which endanger the lives of the workers. This is why the people who are involved in putting precautionary measures in the site should follow a strict implementation of such safety standards and guidelines in order to avoid legal sanctions
k.) General negligence - as the majority of injury-causing accidents are linked to negligence, it is much necessary to exercise our daily activities with much care and cautiousness to keep away from injuries which may cause us a great deal of suffering and hardships.
l.) Wrongful death - generally, this may be associated with the aforementioned causes of personal injuries but this one resulted in casualties.
All these offensive acts can be grounds for filing a personal injury claim. However, it is much better to follow the safety measures in order to prevent these things from happening to you and your loved ones.
Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases
About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

A Deeper View on Sexual Harassment by rainier policarpio

2007-05-05T09:39:00.000-07:00

In the United States, around 15,000 cases of sexual harassment are filed in the Equal Employment Opportunity Commission (EEOC) every year. These unruly sex discrimination acts by a higher authority such as the employers are covered by Title VII of the Civil Rights Act of 1964. This law pertains to labor institutions, employment agencies and also the federal government. Its scope covers the employers having fifteen or more workers under his supervision.
Sexual harassment deals with cases involving unwanted sexual moves and sexual favors among others. In the workplace, these acts can be brought to the EEOC for appropriate lawsuit if these put much effect to the employee such as interference in one's work, intimidation, threat, or being engaged in an unpleasant working condition. These harassment incidents have many variations. In fact, it not necessarily means that the victim is always a woman and the aggressor, a man. Same thing as it may occur in cases such that both the victim and the harasser are in the same sex. Most of the times the aggressor has a great authority over the sufferer but there are even occasions that they belong to the same level of work. Moreover, these objectionable acts may come in the form of verbal expressions of sexual desire and not always physical exploitations which may lead to extreme and forcible sexual act.
For a sexual harassment case to gain merits in the court, the accuser must first prove that the sexual violation is unwelcome and in intense cases, the act was done in a violent manner. This means that anyone filing a case suit should be aware that he or she must have informed the assailant, in any way, the he or she is against the person's malicious act. This is quite important because the EEOC examines such accusations in a holistic approach when doing investigative efforts to resolve these issues. They conduct thorough analysis on both party's assertions and other factual information and evidences which have involvement on the case in order to uphold justice.
Nonetheless, it is much better to prevent the occurrence of these incidents in the workplaces. Much to be aware of, employers have the obligation to carry out their duties of providing their workers a safe and amiable place to perform their work and to prevent sexual harassment cases from happening. They, too, should make it clear to their workers that sexual aggression is indeed prohibited in his company by conducting seminars about the topic, setting up an efficient help desk which will hear and resolve the complaints of employees regarding sexual harassment.
The complexities of the law and the intricate court procedure may jeopardize the possibility of obtaining justice. This is why it is still much practical to ask the assistance of a credible labor lawyer to provide support in any legal undertakings such as filing a sexual harassment suit. An expert and steadfast lawyer to handle a victim's case may be more likely to gain favor in the court's resolution of his case.
Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases.
About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

The Employers' Obligations on Workers' Compensation by rainier policarpio

2007-05-05T09:37:00.000-07:00

Primarily, employment law covers all rights and obligations within the employer-employee relationship - be it the present employees or former employees. Due of the intricacy of employment relationships and the complexity of situations that may occur, employment law entails legal issues as varied as discrimination, wrongful termination, wages and taxation, and workplace safety; therefore, many of these issues must be governed by applicable federal and state law. However, a valid contract should be agreed upon by the employer and the employee - stating contract law alone may present and hereby impose the rights and duties of the parties.
Evidently, all employees have basic rights in the workplace, which include the right to privacy, fair compensation, and freedom from discrimination based on age, gender, race, national origin, or religion.
Needless to say, among all those aforementioned rights and privileges, the employees' compensation as well as all the benefits and incentives should be prioritized. Indeed, it is a responsibility of the employer or owner to give to a worker or employee a fair, rational, reasonable and ample salary or wage. Having such good camaraderie or relationship among employees and employers presents and offers great benefits to both parties. First, for the employees, through monetary benefits, incentives and rewards, they will be more inspired and motivated enough to perform their tasks and duties, or work at their best. Second, for the employers, motivated and enthusiast workers would mean good manpower and would eventually generate superior income and profit. To add, being an employer demands a strong application of social responsibility that begins with compensating his workers, laborers or employees promptly and sufficiently. As responsibility has become a commitment and an attitude, which should be innate and personal, its mere implementation or application justifies its genuine meaning and essence.
Furthermore, righteous employers need not to retaliate against those employees who somehow decided to divulge the malpractices and unworthy practices that the higher authorities are performing. This unlawful act, however, may be a ground for an employee to file their case in the proper government agency to seek relief and protection causing more problems for the employer. These instances are covered by the anti-retaliation provisions the False Claims Act of 1986 which aims to provide refuge to those whistle blowers and prevent those unruly employers from continuing their unfair labor treatment. Sanctions may be applied to them if the discriminated employee was able prove his points in the court. These may include reinstating him to a higher position in the company, endowing him compensations such as double back pay, interests, financial damages and even the cost of his attorney's fees.
Nonetheless, it is much better to give due courtesy and respect to the employees civil rights rather than to face predicaments as the result of being retaliated by the law itself. The Labor law applies to both the workers and the employer; whosoever are culpable committing unjust and unfair actions is worthy of such punishments as provided by the law.
Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases.
About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

Federal ruling backs D.C. gun-control law

2007-04-21T06:34:00.000-07:00

A federal judge upheld the District's 28-year-old gun-control law yesterday, rejecting a legal challenge from a group of citizens backed by the National Rifle Association. U.S. District Judge Reggie B. Walton dismissed a lawsuit in which the plaintiffs had contended that the law violated their Second Amendment right to own guns. The D.C. law prohibits ownership or possession of handguns and requires that other arms, such as shotguns, be kept unloaded, disassembled or equipped with trigger locks. In a 64-page opinion, Judge Walton ruled that the Second Amendment is not a broad-based right of gun ownership. "The Second Amendment does not confer an individual a right to possess firearms. Rather, the Amendment's objective is to ensure the vitality of state militias," Judge Walton wrote. He went on to say that the amendment was designed to protect the citizens against a potentially oppressive federal government. He also ruled that the Second Amendment does not apply to the District because it was intended to protect state citizens and the District is not a state. A gun-control advocate called the ruling intelligent and well-reasoned. "It's a big victory for those who overwhelmingly believe that we need fewer guns on our streets, not more," said Matt Nosanchuk, a spokesman for the Violence Policy Center. Andrew Arulanandam, an NRA spokesman, said the group's lawyers had not seen the ruling last night, but noted that other courts have taken the opposite position.

Having Troubles on Your Disability Claim? by rainier policarpio

2007-04-21T06:33:00.002-07:00

Every year, a substantial amount of increase is being added to the disabled pensioners' Supplemental Security Income benefit as based on the increase on the Consumer Price Index that also raise the Cost of Living in the U.S. As of January 1, 2007 alone, an increase of 3.3% in the Standard SSI Federal Payment was implemented by the Social Security Administration to cope up with the needs of the people. This year an eligible individual with and without an eligible spouse will respectively receive $934 and $623 per month while an essential person will accept $312 of monthly benefits from the government. These financial aids which are being granted to the disabled citizen will surely ease the suffering that they are experiencing giving them such substantial monetary support to sustain their daily needs. These fortunate people have already proven their luck.
On the other hand, a number of claimants are still having their hard times in the process of their petitions. Having their cases still pending in the Social Security office further increase their burdens of looking for the means to obtain enough money for their basic necessities such as food, shelter and clothing until their disability claims be approved. This may be attributed to their lack of at least a bit of understanding about the basics of the Social Security Act which is the law that covers their claims. They are quite unaware that the first step to make in order for their petition to gain approval is to be familiar with the law and the proper procedures of filing. Also, having some information about the Social Security Act will enable them to know which documents and evidences they should bring for their claims to have a strong stand.
However, for those who are still pursuing or are still planning to file a petition for a Supplemental Security Income disability benefits, it is very much advisable to hire the legal services of a qualified attorney who has the expertise in dealing with these certain types of cases. Getting the assistance of knowledgeable and skillful Social Security attorney will indeed increase their chances of getting their financial support from the government in the soonest possible time. A proficient attorney will follow the strict process of filing their claims, from accomplishing the necessary paper works to defending their points in the oral arguments scheduled by the Social Security office. These are some of the things that their attorneys will undergo for them as they enjoy the convenience of relaxing in their own homes with their loved ones while waiting for the results of their applications. And if in case their petitions are subsequently denied, an ever persistent disability attorney will find any other legal means as their clients may wish by filing a petition to a higher level Social Security office or even in a civil court. This will definitely ensure that the claimants' demands are given fair and thorough evaluation in the said office.
But like any other trials that we face in life, we have our own choices. Whether we do it the hard way or look for much easy avenues, there are no other person to praised or be blamed for the outcome but we. So think wisely and be firm in your decision for attitude and determination are still the keys to success in all our endeavors in life including our efforts in pursuing our legal rights.
Our Los Angeles Accident Attorneys specialize in all fields of personal injury, business law, social security, and employment cases.
About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

Rhode Island Divorce Lawyers: Modifying Rhode Island Child Support! by Christopher Pearsall

2007-04-21T06:33:00.001-07:00

* * * What is Rhode Island Child Support? * * *
In Rhode Island, child support is most typically a monetary amount of money that is paid by the parent having visitation with the child or children. It is an amount that the court deems the child(ren) is entitled to from both parents for the child's support. The parent having visitation is then generally ordered to pay his or her percentage share of the total support amount that is calculated to be due to the child(dren) based upon that parent's percentage of his or her income to the combined gross income of both parents of the child.
* * * How is Rhode Island Child Support calculated? * * *
Rhode Island Child Support is set pursuant to the Rhode Island Child Support Guidelines with adjustments by the Rhode Island Family Court judge as provided in the guidelines or within the Judge's discretion as allowed by law since the Rhode Island Child support guidelines could never anticipate every factual set of circumstances under which adjustments should be made.
* * * When are Motions to Modify your Child Support typically filed? * * *
A Motion to Modify a Child Support obligation is typically filed with the Rhode Island Family Court when there is a "substantial change in circumstances". Generally speaking a substantial change in circumstances occur when the combined gross income of the parents of the child has changed by 10% from the time when the Rhode Island Family Court last entered an order for child support.
* * * What could cause a 10% "substantial change in circumstances"? * * *
1. Loss of a job or layoff. 2. Loss of paid medical benefits through your employer. 3. Hospitalizations 4. New job that pays more or less money. 5. Birth of a new child to either parent. 6. Discontinued overtime from your employer. 7. Child is working and contributing to the placement household. 8. Unemployment 9. Out on TDI, are hospitalized 10. Any other circumstance that causes a change of at least 10% in the combined gross income of both parents.
* * * Will the Rhode Island Judge give me retroactive credits? * * *
Under Rhode Island Domestic Relations Law the family court judge assigned to hear your case has the authority in his or her discretion to grant you credit retroactive to the date you filed your Motion to Modify Child Support. Therefore, if you get laid off or experience any substantial reduction in income that may prevent you from paying your child support as required by the court then you should hand-file your Motion to Modify Child Support with the Rhode Island Family Court because the date of your filing is the farthest date that the judge may award you retroactive child support.
* * * What if I can't make my payments as periodically ordered? * * *
If you have to pay child support on a weekly basis but you are unable to do so, it is generally best to file a Motion for Relief. This is different from a Motion to Modify Child Support because a Motion for Relief does not require that you meet the "substantial circumstances" test. The Motion for Relief would simply request a Modification of the terms under which your payments are made.
For instance, if you are ordered to pay your child support on a weekly basis but your income fluctuates substantially such that you may have no income in any given week then it may be better to pay your child support bi-weekly or even monthly (in advance) in order to account for your income fluctuation.
A Motion for Relief can be very helpful, especially when you are looking more for an accommodation of an existing condition and you have a justifiable basis for it.
* * * What should I watch for when calculating Rhode Island Child Support? * * *
Child Support is not nearly as simple as some Rhode Island Divorce and family law attorneys make it out to be. Unfortunately some lawyers choose to oversimplify child support and how it is calculated rather than running through it with their client.
It is also very easy for a layperson to misunderstand the guidelines themselves. Though the Rhode Island Child Support Guidelines and the worksheet provided by the court are intended to inform lawyers and pro se individuals about the use of the form and the manner in which the calculations are to be made, there is a significant amount of practical application that is not explained in the guidelines. The guidelines also won't help you to understand each family court judge's philosophy.
Always make sure you check the "Mandatory" deductions that are set forth on the Rhode Island Child Support Guidelines worksheet and include them on the worksheet.
Per the Rhode Island Child Support Guidelines you are entitled to these deductions off your gross income and it could make a significant difference in your child support obligation. Double check your attorney's calculations if you like but make certain that you receive those deductions if you are entitled to them.
About the Author
Authored By: Attorney Christopher Pearsall Pearsall Law Associates 571 Pontiac Avenue, Cranston, RI 02910 Website: http://www.ChristopherPearsall.com Phone: (401) 354-2369

Food Hygiene, you and the Law by Tony Palmer

2007-04-21T06:31:00.000-07:00

The Law
From the 1st January 2006, new EU legislation came into effect regarding food hygiene regulations. This affects all food business operators who are now required to put into place, implement and maintain procedures based on the seven principles of HACCP.
What is HACCP?
Hazard Analysis Critical Control Point (HACCP) is a food safety management system designed to assist food business operators in maintaining hygiene standards, therefore proving that they are complying with the above legislation.
There are seven basic principles of HACCP outlined below that you need to do:
1. Analyse Hazards - identify all potential hazards (microbiological, physical and chemical).
2. Identify Critical Control Points - identify the point at which a hazard could occur therefore harming the consumer.
3. Establish Critical Limits - set the parameters of the control points so that out of control activity can be identified.
4. Establish/Implement a Monitoring System to monitor the critical control points.
5. Establish Corrective Action - establish corrective action to be taken when the parameters of critical control points have been breached.
6. Establish Procedures to Verify that points 1-5 are working effectively.
7. Establish Reporting Procedures to provide evidence that the HACCP system is working effectively - these reports should be made available on request.
How Can a Temperature Monitoring System Help You With HACCP?
Enforcement
Current legislation places the responsibility on the food operator to make sure that their food is safe. HACCP has been designed to assist them in doing this.
Failure to Comply with Legislation Carries Serious Penalties
In most cases the local authority is responsible for enforcing food hygiene laws and will take action against you in order to protect the public if necessary. It is often the case that enforcement officers will inspect premises without prior notice and can ask you to produce relevant reports and documentation in order to prove due diligence.
Preliminary Enforcement actions may include:
· Taking food samples
· Record inspection
· Written letters requesting that problems are corrected
In more serious cases, enforcement actions can involve one or more of the following:
· Serving of legal notices
· Serving of hygiene improvement notices
· Prohibition notices
· Closure of premises
· Prosecution, fines and even imprisonment
To prevent any of the above, you should invest in a wireless temperature monitoring system that monitors your critical control points, alerts you when your set limits exceed their set parameters, and produces the reports you need to satisfy your local enforcing authority.
Legal Requirements
Schedule 4 of the Food Hygiene Regulations regarding Temperature Control Requirements states that foods that are likely to support the growth of pathogenic micro-organisms or encourage the formation of toxins are to be held at or below 5°C or at or above 63°C (this being the danger zone).
Responsibilities of a Food Business Operator
The following specification relating to temperature monitoring has been taken from Article 4 of Regulation (EC) No.852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs.
"Food business operators shall, as appropriate, adopt the following specific hygiene measures: 3.(c) compliance with temperature control requirements for foodstuffs;"
Use a Temperature Monitoring System as Your First Form of Defence
The aspects of the law relating to temperature monitoring/control have been outlined above, however, the responsibility of proof rests with you as the food business operator. EHO's can enter premises without notice, (at a time of day which is considered to be reasonable), and request to see audit trails and all due diligence data. It is becoming more apparent that pen and paper is just not good enough! Get an automated wireless temperature monitoring system for protection, accuracy and proof that your foods are being 'temperature- monitored' appropriately.
It is also necessary to highlight that there are certain foods that are exempt from temperature control and can be kept at ambient temperature if they have been treated in a certain way and their packaging remains intact .e.g. foods kept in jars, canned foods or air-dried foods. Any specific instructions on packaging should also be taken into account.
Temperature control requirements should be understood and interpreted within the general context of HACCP.
HACCP covers various aspects of food safety and hygiene of which temperature monitoring is a part. Hazards are identified and controls put into place to minimise, even eliminate the risk to the consumer.
Therefore being able to prove due diligence and have your stock and reputation protected is highly important. In addition you can run your business with the peace of mind that you are operating within the guidelines of HACCP and food safety legislation.
About the Author
About the Author: Tony Palmer's engineering and commercial experience has been with multi-national corporations acting as advisor for new and innovative business opportunities relating to telemetry and communications. RAG was founded using his considerable knowledge, and has excelled with custom designed systems, including temperature monitoring solutions.

What Florida Lawyers Are The Attorneys You Want To Hire by Markus Skupeika

2007-04-21T06:26:00.000-07:00

LAWYERS AND LIFE
People do go often down the memory lane about their life. After couple of hours thinking it gets to the realization that life is eventful, indeed it is.
When people like you meet the life span. You find good aspect of it and the bad one as well. The good aspect consists of joy, happy feelings, and excellent works that you have ever performed and last but not the least bubble- memories. Those things reflect through the gateway of smiles and blushes.
On the contrary, life gets dumb and stops for a while when it comes to meet accidents, pains and grief ness or sorrow.
It will be harsh to talk on accidents in life. When the stipulated accidents like car accidents, motorcycle accidents, boat accidents, truck accidents or things like that spread out its wings over the life, you become blank from your mind and stay as disheartened as if you think the atmosphere and the environment around you has been stopped. People like us measure pain the significance right on that.
WHAT WE DO?
We are the people who put the value of loss and pain for the people who has been hurt or injured during the accidents, as we all know it does not come with the ring at your doorbell. Thus we do stretch out our hand by giving you the proper and adequate suggestions and methods of implementation by which you can come out of this stagnant situation. Being a part of the civilized world "what you do?"
After leaving the bed in the morning and complying with the essential work and then you rush to your office and work destination. On your way to that place you meet the either car's disorder due to break down of the system or ran over of the car on you due to reckless driving by an irresponsible individual. We Florida Lawyers are right behind you at that point of time not only through visibility but also stretched out hand of ours on the Internet browser.
As a victim of the accident you are caught in the dilemma whether to call a lawyer or not. You must to go for the first option. If you are not interested enough to recall a lawyer you surely lose your rights compensation is the more desirable thing from the conductor of the car accident. You cannot demand your compensation through verbal steps. Some legal ways that need to be followed and there lies the significance of the lawyer. In regard to defend your rights you should switch to the lawyer. The Florida Accident Attorney will be able to send a legal notice to the accused party and can draw him to the court. There are some several queries that he will ask to the concerned party and slowly he will lead to that point that mentioned accused person has committed a crime and he will be penalized by the court. The court will go ahead and asked the person to compensate. The entire compensation will come at your way. During this period you will become an idle (if you were working some where). The lawyer will make sure that the proper arrangements have been made to pay you off. The methodology will be set in such a way to reimburse the victim of the accident. You need to know a certain thing that you will not be able to get the reimbursement after winning the case.
For those people Lawyer Car Accident Florida advices you don't need to spare a single penny. All this advices and consultations (wherever is applicable) will be done at free of cost.
As you send the request to us to work on a knot has been tied between us automatically. Your privacy will be taken care of by our expert official.
About the Author
Discover what Florida Accident Lawyers recommend with out a consultation online. Free Advice at NetworkLawyers.net News Spot. Ask about the No Reimbursement Package from Firm Florida Lawyers.

Rosen Sponsors 2007 Transitioning through Divorce Seminar Series by Alison Kramer

2007-04-21T06:25:00.000-07:00

Rosen Law Firm FOR IMMEDIATE RELEASE March 29, 2007 MEDIA ALERT Contact: Alison Kramer, 919-459-8157, akramer@rosen.com Rosen Sponsors 2007 Transitioning through Divorce Seminar Series
WHAT: Rosen Law Firm is sponsoring the 2007 Transitioning through Divorce Seminar Series beginning this April and will offer one seminar each month for the remainder of 2007. Each quarter the seminar series will be taught by one of Rosen's Life Transition Coaches with this quarter's seminars being led by Donna Moore, LCSW. All classes are free and open to the public. The Transitioning through Divorce Seminar Series is designed for people experiencing divorce to help them move beyond what is often a difficult and challenging life transition. Participants will be encouraged to think concretely about the best possible outcome and explore opportunities for personal growth. Seminar topics focus on emotions concerning grief and loss specific to divorce, tips for communicating with your ex, and how to assist your children through the transition. WHERE:
The Summit Building 2nd floor, Castleton Group Meeting Room 4101 Lake Boone Trail Raleigh, NC 27607 WHEN: 1. Stages of Relationship Loss April 11- 6pm-7:30pm 2. Communicating with Your Ex May 16- 6pm-7:30pm 3. Helping Your Children through the Transition: Parenting During Divorce June 13- 6pm-7:30pm
CONTACT: Alison Kramer 919-459-8157 akramer@rosen.com
GENERAL INFORMATION: Description of Seminars- SEMINAR # 1-Stages of Relationship Loss: Participants will gain strategies for getting through the stages of relationship loss, not just as a survivor, but as a stronger person. You will learn to use these stages for your own personal growth instead of feeling overwhelmed by them. This seminar will include both presentation and group discussion.
SEMINAR # 2-Tips for Communicating with Your Ex: You might wonder 'why communicate with him/her at all'? Your mutual children are one good reason. Or, you may just want to ensure that settlement negotiations are amicable and you are able to remain friends. Whether your current relationship is full of conflict or good intentions, this is the seminar for you if you are wondering how to better communicate with your ex. SEMINAR # 3-Helping Your Children through the Transition: Parenting During Divorce. Topics to be discussed include telling children about the decision to divorce, transitioning into two households, developing a positive shared-parenting relationship, and helping your child to cope. *** Rosen Law Firm 4101 Lake Boone Trail, Suite 500 Raleigh, NC 27607 www.rosen.com Divorce is Different Here
About the Author
Rosen Law Firm has offices in Raleigh, Charlotte, and Chapel Hill. Founded in 1990, the firm is dedicated to providing individual growth and support to couples seeking divorce by helping them move forward with their lives. Our staffs of attorneys and other legal professionals expertly address the complex issues of ending a marriage. Our innovative approach acknowledges that divorce is so much more than just a legal matter. http://www.rosen.com

Guantanamo Bay detainee David Hicks' lawyer risks career by Lawblogs

2007-04-21T06:24:00.002-07:00

Guantanamo Bay lawyers say they find their tactics and motives being questioned as they perform their legal duties and provide a vigorous defense in the first U.S. military war crimes trials since World War II.
Army Maj. Tom Fleener, who has represented a Guantanamo detainee before the military commissions, said the attorneys believe any legal victories could come at a steep cost.
"We all took these jobs recognizing that we're not likely going to be promoted and given good assignments by the military," Fleener said. "What we never expected was to face either criminal sanctions or ethical sanctions for doing our jobs."
The threat of such sanctions emerged in a recent e-mail that the chief military prosecutor, Air Force Col. Morris Davis, sent to the judge in charge of the military commissions.
Davis alleged that Marine Corps Maj. Michael Mori, who represents Australian detainee David Hicks, may have violated the Uniform Code of Military Justice by using what Davis deemed "contemptuous words" against President Bush and other U.S. officials.
About the Author
http://lawblogs.com.au

Online Legal Forms - Good or Bad? by Greg Artim

2007-04-21T06:24:00.001-07:00

I get a lot of calls to my office about legal documents. Most times the calls are about Last Will and Testaments, Living Wills, Powers of Attorney, Buy-Sell Agreements and such. The prospective client always asks the costs for drafting such a document and then after I respond the inevitable question arises. Why can't I just go online and use one of those documents? So and So website sells a Last Will and Testament for $19.95. My response? Go ahead, be my guest, just don't complain when you find that the document has errors or is invalid in your state.
I have found that many of the legal documents online are general, vague representations of what a truly finished legal document should be. What you need to understand is that each state has different laws and different requirements for a document to be legally binding. In Pennsylvania, for example, a Will typically requires two witnesses to be valid (there are exceptions to this rule, but that is for another article). In Florida, under certain circumstances, three witnesses are required for a Will to be valid. You might not know that if you didn't consult with a Florida Attorney regarding those requirements. The problem that I have found with various online documents is that they try to apply to all states at once, in a general fashion, and fail to consider the individual requirements of each specific state.
This is not to say that all online legal documents are invalid. To the contrary, some of them are very well written and serve to protect your interests fully. The question is, how do you know if the document is well written and valid? The answer: You don't. You are not an Attorney and you haven't gone to law school, that was the reason that you called the law office to begin with. You also likely had the same doubts that I am expressing about online legal documents or you never would have called an attorney in the first place.
Think about your underlying need for a legal document. Perhaps you were considering having a Last Will and Testament drafted. Why do you want one? Likely, it is to ensure that your estate is settled properly and that your assets are distributed to the heirs of your choosing. That's a pretty important reason. Should you trust something that you found online at a discount and hope that it is valid? I'll let your common sense answer that question and hold back my own answer for another time.
Perhaps you are considering adding a new salesman to your sales force. Your company has sensitive and valuable information and clientele, so you ask the prospective employee to sign a Covenant Not to Compete. You can find a form for that online with a few clicks of the mouse. The question is whether you want to trust such an important undertaking to what you find at a random online website. If you do, be my guest. If you want to ensure that the document is drafted to meet the requirements of your state and will wholly protect your interests, contact your local attorney. If you are concerned with his/her prices, simply get out the phone book and call another one.
About the Author
Greg Artim is an Attorney located in Pittsburgh Pennsylvania. For answers to more of your legal questions, please visit his website at www.gregartim.com

Asbestos Claims - History, Symptoms and Compensation by Andrew Bowen

2007-04-21T06:21:00.000-07:00

Asbestos was once regarded as a wonder substance due to its heat resistant properties. It was, therefore, a widely used material, particularly from the 1930's - 1980's and exposure still continues wherever it is disturbed / removed.
The cost of asbestos claims in the UK could reach £20 billion in the next 30 years.
Claims can be made by Claimants, even though the exposure was 30 or more years ago, and the past employer(s) has gone out of business.
Claims can also be made for deceased Claimants on behalf of their loved ones/estate.
Successful 'secondary' claims for Asbestos exposure have been made by spouses, children and grandchildren, after they were exposed to harmful fibres on work clothes worn home.
The compensation obtained can, in many cases, amount to well in excess of £100,000, depending upon the severity of the particular disease.
Asbestos has no respect for socio-economic group or occupation. There are over 1,000 new cases of Mesothelioma reported every year in the UK. It is generally accepted asbestos is the cause.
The types of occupation where exposure can be found/occur include the following:-
* Asbestos Cement Products Industry (used for strong, inexpensive building materials, eg tiles, corrugated roofing, gutters, water and drain pipes, chimneys etc. * Floor tiling industry * Insulation and Fire Proofing * Carpenters * Electricians * Power Plant Works * Plumbers * Roofers * Central Heating and/or air conditioning contractors * School and Hospital workers * Ship workers
Symptoms can include breathlessness and persistent coughing which may cause sleepless nights leading to fatigue. Some sufferers report chest pain and feeling as though a heavy weight is pressing down on their chest, depending upon the particular condition.
There are a number of state benefits available to victims and their carers. A specialist Solicitor can not only pursue asbestos compensation claims for sufferers on a true No Win No Fee basis, but also provide advice and assistance with applications in order to maximise benefit entitlement.
About the Author
Andrew Bowen is the Managing Director of http://www.NationalInjuryClaims.com - a company helping people claim personal injury compensation.

Hello healthy living, goodbye personal injury compensation claims by Katy Lassetter

2007-04-21T06:20:00.002-07:00

First of all, fast-food and other processed junk became popular, weight problems in the UK and the US sky-rocketed and health concerns became prolific throughout the western world.
Then, some intriguing personal injury compensation claims came about, such as the boy that pursued a compensation claim against a renowned fast-food chain in the US as he thought them responsible for his extensive weight gain.
Now, healthy eating is very much the in-thing. We are bombarded with super foods and GI indexes courtesy of eat-well TV programmes such as You Are What You Eat. With the help of Jamie Oliver there is even hope for our kids to gain healthier options in the school canteen. But is this just another phase or will it actually improve people's lifestyles and reduce the amount of personal injury claims made for weight related illnesses?
Modern day health risks You are considered to be overweight if you weigh at least 10% more than your ideal bodyweight and you are considered obese if you are 30 pounds or more over your ideal bodyweight. You can calculate your body mass index (BMI) by squaring your height (in metres) then dividing your weight (in kg) by this figure:
BMI 20-25 = healthy weight BMI 25-30 = overweight BMI 30+ = obese
For many, the modern diet which still consists of processed ready meals containing large quantities of saturated fats is the root of the problem. Extensive amounts of fat can clog the arteries, leading to heart attacks as a result of hypertension (high blood pressure) and high cholesterol. Also, the average body has difficulties digesting over-processed foods, leading to an increase in Irritable Bowel Syndrome (IBS) as well as intolerances to gluten, dairy and yeast products among UK residents.
Children are at particular risk of suffering serious illness and personal injury caused by excess weight, such as kidney failure, blindness, amputations and asthma. Reports show that new cases of asthma are 1½ to 2 times as likely among children that are overweight.
In the US 15% of all children are overweight and suffer the consequences. This number is increasing at such a rate that it will soon account for one third of all children and if these overweight children go on to become overweight adults it is estimated that almost 50 million Americans could have diabetes by 2050.
UK figures show that from 1996 to 2006, obesity has doubled among six-year-olds and trebled among 15-year-olds and type two diabetes is being seen for the first time among children.
According to the British Heart Foundation, almost half of Britain's 117,000 annual deaths from coronary heart disease are related to high cholesterol.
Evo Diet Nutritionists have convinced the government that five-a-day (portions of fruit and veg that is) is the way to go for a while now. Lynne Garton and King's College Hospital have devised a hunter-gatherer style menu that they believe could drastically decrease cholesterol levels and blood pressure.
The latest thinking has been to turn the clock back and start eating like our distant ancestors. No, we are not going to start tucking into seagulls like King Henry VIII and his Tudor counterparts, health experts are suggesting that we start looking pre-evolution and begin to eat like apes.
Nine volunteers, aged 36 to 49, were enlisted to take part in the new diet for a total of 12 days while living in a tented enclosure next to the ape house at Paignton Zoo, Devon. The Evo Diet consisted of a three day rotating menu including:
5kgs or 2,300 calories of fruit, vegetables, nuts and honey On a three day rota: Broccoli, carrots, radishes Cabbage, tomatoes, watercress Strawberries, apricots, bananas, mangoes, melons, figs, plums Satsumas, hazelnuts
This menu was not only guaranteed safe to eat raw but also as meeting adult daily nutritional requirements and as providing halfway between the recommended calorie amount for women and men.
Will Evo solve the problem? Reports from April 2006 show that sales of unhealthy foods, particularly ready meals, fell by up to 40% since supermarkets started revealing fat, salt and sugar content on their labels. Although, as a nation, we are making an effort to become more health conscious, healthy eating is still out of the question for some.
Many feel that they do not have time to bother with home-cooked food and instead opt for convenience meals that can be plucked straight from the freezer and popped into the microwave. In reality, it would take less time and be far more beneficial to whip up a quick stir fry.
Others simply cannot afford organic produce and things that are deemed especially good for us, such as raw nuts, blueberries and oily fish like salmon.
It was not stated how much the Evo healthy-eating regime would cost on a long-term basis. There was also no indication as to how people under the stress and strain of everyday life would respond to the diet.
What about personal injury compensation claims? Some say that we are living in a compensation claim culture but the fact is that when it comes to healthy living everyone is responsible for themselves. You can claim that you were tempted to eat crisps and chocolate by alluring TV ads but it could be argued that you would have been far better off getting some exercise in the fresh air rather than watching TV in the first place.
Essentially, if you gain weight or sustain illness as a result of eating unhealthily then, as you made the choice to eat it in the first place, you can't really point the finger and it is highly unlikely that you will be able to enlist the help of a personal injury solicitor in order to make a personal injury compensation claim.
This article may be published on another website free of charge, on the condition that a link is provided from this article to our website: http://www.the-claim-solicitors.co.uk/personal-injury/claims-standards-council-for-personal-injuries.htm

About the Author
Online personal injury compensation claim specialists, with a 97% claim success rate. Call 0800 197 32 32 or visit http://www.the-claim-solicitors.co.uk for more details.

Greenville Attorney Warns Of Estate Planning Complications by Pete Fields

2007-04-21T06:20:00.001-07:00

Greenville Lawyer Wants Senior Citizens and Their Loved Ones To Get Their Estate Affairs In Order
Elder Law is a fairly new specialized area of law dealing with the problems and issues faced by the most quickly growing portion of the country's population, seniors. Elder law incorporates the elements of Estate Planning, Medicare/Medicaid Planning, Conservatorship, Wills and Trusts and Health Care Planning.
Mr.Pete Fields, a Greenville Attorney, from Greenville, SC, works to caution seniors and their children of problems that will come up if estate planning issues do not get settled fast, If you wait too long, it could be too late to get your affairs handled the way you want them taken care of!
Here's just a short listing of the things thisGreenville Estate Planning Attorney can help you in accomplishing:
Make Plans for The Care You Will Require Prior to that Time Occurring
Cut down and Even Eliminate Assisted Living Facility Bills
Increase The Amount of Income You Keep, Safeguard Your Life Savings
Make Proper Investments
Save on Estate Taxes, Income Taxes and Death Taxes
Pass on An Inheritance To Your Children and Grandchildren
Reasons You Need To Deal With Estate Planning As Quickly As Possible!
No one wants to dwell on the thought of their death. However, if you ignore planning for your passing until it is too late, you'll run the risk that intended inheritors -- people that you adore and love -- might not inherit the things you'd want them to receive whether due to taxes or quarreling among your heirs. These are reasons why estate planning is so significant, regardless of how small or large your estate may be! It allows you, while you're still living, to ensure that your property and assets will go to those that you want, the way you want, and in the time you desire. It provides a way for you to save as much on taxes as possible, attorneys' fees and court costs; and it provides the comfort that your children and family can mourn over your loss and not be burdened simultaneously with needless financial confusion and red tape. Each estate plan should have, at least, two necessary estate planning instruments: a power of attorney and a will. The first is for managing and controlling your assets and property while you are alive, in case you aren't able to do so alone. The second is for the apportionment and management of your property and assets after death. In addition, more and more often, Americans are using revocable trusts in order to escape probate and to manage their estates both once they've died and while they are living. How will you know if you require estate planning help?
-Have no legal documents
-Have documents which are old and your children are grown up
-Your documents no longer show your wishes
About the author:
Pete Fields is a Greenville estate planning attorney in Greenville, South Carolina. He also has an office in Clemson,SC that includes a Clemson estate planning lawyer. This information is for general informational purposes only and does not constitute legal advice. For specific questions or concerns, you should speak to an experienced elder law attorney. 2007 The Fields Law Firm
About the Author
Pete Fields is a Greenville estate planning lawyer in Greenville, South Carolina. Find more information on Clemson attorneys and estate planning.

A Guide to Negligence Law by Nick Jervis

2007-04-21T06:19:00.000-07:00

A Guide to Negligence Law In English law the law of tort allows you to claim compensation for whiplash if you are involved in a car or motorcycle accident. But what does this law say, and how did it come into existence?
The law of negligence means that in certain situations one person owes a duty of care to another person to not cause them any harm or injury. If that person subsequently does something, or fails to do something, and that action or inaction causes injury to the other person, they are entitled to claim compnensation for the damage (the injury or the losses and expenses in a whiplash claim).
To understand the law of negligence in relation to a whiplash claim it is easiest to use a case study. If Mrs A is stationary in a queue of traffic leading onto a roundabout, she is in a car and she owes a duty of care to all other road users. Likewise, any vehicles behind Mrs A owe a duty of care not to cause harm to her. If Mr B drives up behind Mrs A and fails to stop in time, crashing into the rear of her car, he has breached this duty of care. If this breach has led to damage or injury to Mrs A, she can claim compensation for these losses from Mr B (or in reality his insurance company).
The Losses or Injury Must Be Caused By The Breach of Duty of Care
In the above example, if Mrs A subsequently experienced neck and back pain, the next step in esablishing that she could make a claim for compensation would be to prove that the injuries she sustained were caused by Mr B driving into the back of her car. In theory this is very straightforward, as if she was not injured before and was afterwards, her injuries seem to have been caused by the accident. However, medical evidence is needed to prove that the breach of duty of care did lead to the whiplash injuries to Mrs A. If on obtaining the medical notes for Mrs A it is discovered that she already had bad neck and back pain, a medical expert will have to say whether the pain now has been made worse by the car accident. Unless his evidence confirms this to be the case, Mrs A will have failed to establish that Mr B's breach of duty or care has caused her injuries, and will not be able to claim compensation.
Summary
To prove negligence to be able to make a claim for compensation for whiplash, a person must prove that another person owed them a duty of care, that they breached this duty of care, AND that this breach of the duty of care caused the first person to suffer injuries or losses. Only then will they be entitled to claim compensation.
If you have been involved in a car or motorcycle accident that has led to a whiplash claim, you might be accused of contributing to the cause of the accident: the correct legal term for this being "contributory negligence". Here we look at the possible causes of contributory negligence and whether it prevents you from making a whiplash claim or other claim for compensation.
What is contributory negligence?
To be able to make a claim for compensation for whiplash you first need to prove that someone else was totally or largely to blame for that accident. The law of tort says that you must prove:
That someone owed you a duty of care (to drive carefully and not to cause damage to you or your vehicle)
That someone has breached that duty of care (ie they drove into you)
And that driving into you has caused damage, injury or loss (causation)
If they can prove all of these points they can make a claim for compensation. However, that claim for compensation can still be reduced in amount if the other driver can prove that you were partially responsible for the accident. If they can prove that you were 50% responsible for the accident, then your total claim for compensation would be reduced by 50%, meaning that if the total claim was initially for £10,000, it would be reduced to £5,000. Therefore, contributory negligence can have a serious impact on the total amount of your whiplash claim.
Types of Contributory Negligence
There can be a large number of causes of contributory negligence. For example, somebody driving into the back of you when you are stationary normally leads to a straightforward claim for compensation for your whiplash injury. However, if the other driver can prove that you were braking and your brake lights were not working, he may be able to reduce or completely remove his liability for compensation to you. Each case is looked at on the evidence and your solicitor will advise you on this in detail. It is your solicitor's duty to obtain evidence to support your claim and also to rebut any claim against you for contributory negligence by the other driver's solicitor.
Failing to wear a seat belt
There is one area where you will always be guilty of contributory negligence:- failing to wear a seatbelt. If you make a whiplash claim and the other driver can prove that you were not wearing a seatbelt when the accident took place, your total claim for compensation will normally be reduced by 25%. Therefore, not only should you wear a seatbelt to comply with the law and to protect yourself in the event of an accident, but it also saves you losing one quarter of your compensation if you subsequently make a claim for compensation.
Another example of contributory negligence is failing to wear a helmet on a bicycle, or failing to use a guard on machinery at work when you have been trained to do so.
For further guidance please go to our site and read more about medical negligence

About the Author
Nick Jervis is a solicitor (non practising) who worked in private practice for 14 years specialising in personal injury claims. On leaving legal practice Nick established 1stclaims as a means of putting innocent accident victims in touch with expert personal injury solicitors that Nick has worked with over the last 17 years. For further guidance, please go to the site on www.1stclaims.co.uk

Solicitor Insurance - 4 Secrets For A Happier October 1st - Part 4 by Gabriel Adams

2007-04-21T06:18:00.001-07:00

As a solicitor, lawyer or someone responsible to sorting out Solicitor Insurance you'll know the importance of October 1st in the calendar as it's the date in which you need Solicitors Professional Indemnity Insurance in force to continue practicing.
With this date firmly in mind you'll therefore appreciate the importance of getting your solicitor insurance sorted well in advance so you can relax in the knowledge that it's sorted and out of the way (for another year at least).
This fourth and final secret to getting the best deal on your solicitors insurance is another that at first glance may not seem right but in order to get the best value for money it is one you may want to consider.
Secret number 4 is therefore don't assume the cheapest premium is the best. Don't get me wrong getting a good premium (and saving money on your solicitor insurance) is what we're all looking for but a really cheap premium without a number of other factors is probably cheap for a reason.
Some things you may want to look for in addition to a competitive premium include:
Have you heard of the insurance broker and/or insurance company?
Are they local?
Are they friendly and approachable (remember we all like doing business with people we like and feel we can trust)?
What is the excess? Make sure the excess is one you agree on and one you can afford and not one just given to you to reduce the premium
Do they have a good reputation?
Do they offer you advice or seem to have some understanding of your business and solicitor insurance?
Do they listen to you and explain things in a way you can understand? The insurance industry is filled with jargon so make sure the company you choose explains things clearly so you know what cover you've got, what you have to do in the event of a claim and how they will work for you.
The run up to October 1st can be a stressful time for solicitors as many play the waiting game in the hope that insurance premiums will fall and they can benefit from premium savings.
And whether you and your firm falls into this camp or the other type of firm who prefers to get their solicitor professional indemnity insurance sorted in good time you have nothing to fear.
If you follow any of these secrets to getting the best deal on your solicitor insurance then the chances are your insurance dealings will be easier, the time you save can be put to better use elsewhere and the premiums you pay will be less than ever before.
About the Author
Solicitor Insurance - 4 Secrets for a happier October 1st was written by Mark Burdett, Marketing Manager of Northern Counties Insurance Brokers. For further information about solicitor professional indemnity insurance visit http://www.solicitorpi.com

Understanding Conditional Fee Agreements by Carolyn Clayton

2007-04-21T06:16:00.000-07:00

Conditional Fee Arrangements are a relative newcomer on the British scene, though they have long been common in the United States. Since 1998 they have become widespread, allowing ordinary people a far greater access to the courts than previously, and allowing anyone to get compensation for an injury which was not their fault, where before it was significantly more difficult.
A conditional fee agreement allows a solicitor to offer what is called a "no win, no fee" arrangement when taking on new cases. In other words, the solicitor can offer the client a fee structure which means that while they will receive a success fee if they win the case, if their case should be unsuccessful then no fee will be charged. The benefit to a client is obvious; it means that a legal claim for compensation is no longer the preserve of those who can afford the services of a good lawyer, and rather than basing your decision on cost, you can pursue a claim for compensation based on the extent of the injury you may have suffered.
Solicitors make the decision on taking on such cases based on several factors. These can include their experience, either as an individual or as a firm, in dealing with similar cases. (This is always a good sign when choosing a lawyer; look for people and firms that have handled cases like yours in the past, as it will give them an invaluable advantage when claiming compensation.) Another factor which will influence a solicitor's decision on whether or not to take on a case on a conditional fee agreement basis is the likely duration of the case. Obviously the longer a case drags on, the more expensive it is for all concerned in terms of both time and money. A solicitor will normally prefer that cases being paid for under a conditional fee agreement are less time-consuming, and this in turn will tend to hinge on the complexity of your particular claim.
The other main factor that a solicitor will take on board when deciding on whether to offer a client a conditional fee agreement is the chance of winning the case. This is a difficult judgement for any solicitor to make; it is not necessarily a comment on the seriousness of your injury if they decide that yours is not a case that is likely to be won. In order to win compensation, you will need to demonstrate that the accident was not your fault, and this is not always straightforward to prove.
If your case is successful, then your lawyer's costs will normally be paid by the other side, and this will include a "success fee" for your solicitors. However, it's important to understand that if you are not successful you may be required to pay part or all of the costs, not just of your lawyers, but potentially also of the other side's legal team as well. When you are involved in a compensation claim against an employer or large company these associated legal costs may be quite high, and so normally you will be required to take out an insurance policy to cover any payouts that need to be made in this instance.
All of these details should be properly explained to you by your solicitor. If not, make sure that you ask about all associated costs, and take the time to read through a conditional fee agreement before you sign it. The advent of conditional fee agreements have made it possible for anyone to get the compensation they are due, but it is important to be aware of the risks and potential costs before signing up to any agreement.
About the Author
Accident claims for the UK market contact Accident Consult for your no obligation consultation. They are experts in dealing with No Win No Fee accident claims.
Please feel free to republish this article providing this resource box remains intact with a working hyperlink to our site.

Solicitor Insurance - 4 Secrets For A Happier October 1st - Part 2 by Gabriel Adams

2007-04-21T06:15:00.000-07:00

For lawyers, solicitors and legal professionals the date of October 1st is perhaps more memorable than for most as it's the date in which their Solicitors Insurance and Professional Indemnity Insurance is due for renewal.
And as people in the legal trade are extremely busy people one of the UK's Leading Solicitor Insurance Brokers have produced 4 Secrets for firms looking for Solicitors Insurance. Secrets that when used can save solicitors and lawyers time and money on their Solicitor Professional Indemnity Insurance.
This article looks at Secret number 2 which is based around making sure you use a specialist or expert to sort out your firms insurance. Here goes:
Secret number 2 to getting the best deal on your Solicitor Insurance really is common sense but you'd be amazed how many law firms and solicitors fail to make sure it happens as they are just focusing on the price. The second secret for a happier October 1st is therefore make sure you use an insurance broker or insurance company who understands the Solicitor Insurance market and who understands your needs.
You can establish this in a number of different ways including:
What type of questions do they ask?
How do they ask them?
How do they react to what you're saying?
Do they enter into a conversion about your business? (it's good if they do because the more they understand you and your needs the better cover, premium and service they might provide)
Is the conversation very scripted?
Do they have a website? And if so does even mentioned how you can benefit by using them for your Solicitors Insurance?
Find the answer to these types of question and the chances are the insurance provider you choose for this years Solicitor Insurance may well be able to save you time, save you money and make sure you and your firm gets the Solicitor Professional Indemnity Insurance protection you need.
About the Author
Solicitor Insurance - 4 Secrets for a happier October 1st was written by Mark Burdett, Marketing Manager of Northern Counties Insurance Brokers. For further information about Solicitor Insurance visit http://www.solicitorpi.com

Solicitor Insurance - 4 Secrets For A Happier October 1st - Part 1 by Gabriel Adams

2007-04-15T07:51:00.000-07:00

For most Solicitors and legal firms October 1st each is synonymous with the date in which their Solicitors Insurance and Professional Indemnity Insurance is due for renewal.
And in the days, weeks and months leading up to October 1st they could well be contacted by numerous insurance providers all wanting a slice of the Solicitors Insurance PI.
These 4 secrets have been produced by one of the UK's Leading Solicitor Insurance Brokers and are aimed at providing you and your firm with the knowledge, the time and the secrets to getting the best deal on your Solicitor Professional Indemnity Insurance premiums without wasting your valuable time.
The first tip to make sure your get the very best deal on your PI Insurance is one that many solicitors and lawyers may not realise works but it really does so here goes.
In the run up to October 1st you will no doubt be approached by a few alternative insurance brokers and companies all offering to try and get you the best deal. And assuming you would indeed like to save some money then tip 1 number is as follows.
When they ask you what you paid last year or what your best premium is (and they probably will ask this question) then tell them. That's right, be totally up front with them and tell them exactly what you've quoted elsewhere.
This may not sound right but there are 3 main reasons why when buying Solicitor Insurance you would want to do this.
1. If you tell a good insurance provider your premium they should pretty much know straight away whether the premium is too high, too low or about right. Based on this information they can give you an immediate indication if they can get a lower premium. If they know they can't they can tell you and save you time.
2. Another reason you should tell the person if they ask what premium you're paying or have been quoted is because many insurance companies won't give you the best price unless they have a price to beat. Let me say that again, if you don't give your insurance broker or insurance company a price to beat, the chances are you won't get the best premium. However, if you do tell them, they can use this information when dealing with the insurance company which ultimately can save you money on your solicitor insurance.
3. The final point on this matter is don't be tempted to make up a price in the hope that you will save even more money. For example, the law firm of A Solictor & Partners are looking for Solicitor Professional Indemnity Insurance and last year they paid £7000. They've seen in the media recently that Solicitor Insurance premiums are falling so they want to see how much they can save.
Therefore when asked the question of "What did you pay last year" they decide to go in low and say £4500. By doing this most companies will know the price seems low and many won't even provide a quote. Whereas had they been up front and said £7000 there's every chance they could have saved some money. Therefore secret 1 is be totally honest when looking for solicitor insurance as it's the best way to make sure you get the best premium. Give it a go...it really works.
About the Author
Solicitor Insurance - 4 Secrets for a happier October 1st was written by Mark Burdett, Marketing Manager of Northern Counties Insurance Brokers. For further information about Solicitor Insurance visit http://www.solicitorpi.com

Alternatives to Divorce for Christians by David Sandy

2007-04-15T07:49:00.000-07:00

Divorce for everyone is a long and painful process. Divorce does not only affect one aspect of your life, it affects all of them. In some situations, there is apparently no option other than divorce but religious or moral beliefs may prevent abused or maltreated spouses from seeking legal counsel. This is especially true for the Memphis lawyer who serves a fairly conservative community. The legal alternatives to divorce come mainly from the period before the easy availability of modern divorce. They maintain basic duties of support and the status of man and wife but relieve the spouses of the duty to live together and serve to separate property interests. In Tennessee, remember, in case of a divorce, all property acquired up to the time a divorce is filed is usually considered marital property.
The first option for those trying to avoid divorce is marriage counseling. While not a legal option, it should be your first step if nothing else to ensure a clean conscience. You may have considered this before, but simply concluded it would not make a difference. Marriage counseling is effective because it makes all the underlying issues of your marriage come to the forefront. For counseling to work, you must evaluate your marriage for improvement. You cannot realistically expect for a one time 30 minute counseling session to save your marriage. Instead, it will take time, hard work, and dedication from each spouse to commit to changing their lives for your marriage. Marriage counseling can come from your pastor, family, friends, therapist, or other counseling service dedicated to saving marriages.
The second option is annulment. Traditionally, certain acts such as co-habitation, setting up households, or being able to bear children were requirements before a marriage ceremony created a valid marriage. So if you've realized you made a bad decision, but are unable to seek a divorce for a religious or moral reason, then immediately seek legal advice. A divorce may not be necessary.
A third option is separation or divorce from bed and board. The legal duties of fidelity remain. A legal separation for two years without minor children gives the other party grounds for divorce and a court may sua sponte order the parties divorce, but if you cannot ask for a divorce, then this may be the only option available to you. The legal issues of child custody, support, and property can all be dealt with accordingly. A separation order can be temporary or permanent.
A fourth option is an order of protection. Unfortunately, in Memphis these are granted in the inferior general sessions criminal court unless a divorce or perhaps a legal separation is concurrently sought. This means support and custody issues frequently are not dealt with at this stage. This is an effective way to keep an abusive spouse away from the home without seeking a formal divorce.
The important thing is to contact a Memphis lawyer or a lawyer in the appropriate area who usually works with family law issues. Most lawyers aren't just divorce lawyers but work with custody, adoption, and other family law issues. A good family lawyer will always be willing to discuss alternatives keeping your religious and moral preferences in mind.
Summary: Christianity and other Religions frequently don't allow adherents to seek a divorce. This article discusses alternatives from a legal standpoint.
About the Author
The author David Sandy practices law including Memphis divorce and publishes articles concerning divorce with a Memphis bent at www.memphisdivorceblog.com .

Motorcycle Injury Claims by Carolyn Clayton

2007-04-15T07:45:00.000-07:00

After a motorcycle accident, if you sustain an injury it can be incredibly serious. While some individuals are lucky enough to get out of a motorcycle accident with a few scrapes, bruises, and contusions, you may endure even more serious injuries. In fact, after a motorcycle accident you may be in shock: your body will be pumping adrenalin throughout your system and you may not fully realise that you have been seriously injured. Further, head injuries can result in a concussion that will leave you thinking unclear. Many unrealised injuries can result in more serious complications and sometimes death. Hence, if you do get into a motorcycle accident, it is imperative that the hospital checks you out, even if there are no visible signs of injury, and even if you feel okay at the moment. In addition, if you do become injured and it is no fault of your own, it may be time to file a motorcycle injury claim. Motorcycle injury claims are a way that people get compensation for the injuries they receive from an accident. In order to file motorcycle injury claims however, individuals will need to receive treatment from a competent doctor, as they will be able to diagnose, treat, and validate that an injury has occurred. Motorcycles are not like cars: when you are in a car accident you are in a car that literally surrounds you and offers up some barrier to the outside. In the event of a collision, cars have crumple zones and roll bars that can keep you safer than if there are no barriers established at all. In contrast, when riding a motorcycle, there is absolutely no barrier between you and the outside. You are therefore more likely to be injured on a motorcycle than in a car.
A car offers a number of safety features that help to minimise the amount of damage one sustains during a car accident. Cars have seat belts installed that keep the driver and passengers from being bounced around freely in the vehicle if there is an accident. Seat belts also keep the passengers from being ejected from the vehicle. Meanwhile, riding on a motorcycle you have no such safety feature: this means in the event of motorcycle accidents you can be thrown from the motorcycle and seriously injured.
Today's car manufacturers are constantly improving the safety features of their vehicles. Many vehicles have driver side and passenger side air bags that deploy in the event of an accident. While the air bags are not necessarily safe for infants and it is recommended that they ride in the back seat of the car that has air bags, such a safety feature has saved many lives. The air bag fills with air and prevents the driver and/or passenger from receiving serious injury in a crash. Other safety features such as driver and passenger airbags greatly help to reduce injuries.
Many accidents are between cars and motorcycles and the individual riding the motorcycle is the one that receives the most injuries when a collision occurs. Since motorcycles are considerably smaller than cars they are not as easily seen on the road, especially at night. Again, it is entirely possible to claim compensation for your injuries if you have had a motorcycle accident and it is not your fault. Motorcycle injury claims help people to get the money they need to pay for medical bills not covered by insurance carriers and can even help to pay the victim for their pain and suffering. People seeking to file motorcycle injury claims will eventually need to seek out a solicitor's assistance.
About the Author
Accident claims for the UK market contact Accident Consult for your no obligation consultation. They are experts in dealing with Compensation Claims.
Please feel free to republish this article providing this resource box remains intact with a working hyperlink to our site.

Obligations on an Employer who is Served with a Detachment of Earnings Order by Ian Mann

2007-04-15T07:43:00.000-07:00

The Child Support Agency ('CSA') is able to order what some of us remember as 'Garnishee Orders' against employers in order to siphon-off a percentage of an employee's income for the purpose of collecting child maintenance. Such orders, in this area of law, are a creature of statute and are called 'Detachment of Earnings Orders' ('DEO'). Rather confusingly, DEO's are not the same as the Third Party Debt Orders found in Part 72 of the Civil Procedure Rules. Nomenclature aside, the real difference that is to be found in the DEO is the way in which one applies to have them set aside. An appeal against a DEO's lies to the magistrates' court on circumscribed bases, the definition of which has led to costly, confusing, litigation.
The power to order a DEO
The CSA's power to collect child maintenance arises from section 4 of the Child Support Act 1991 ('the Act'). In turn, the CSA's power to order the employer to comply with a DEO arises from section 31 of the Act which allows the Secretary of State to may make an order against a 'liable person' to secure the payment of any amount due under a maintenance calculation. A deduction from earnings order may be made so as to secure the payment of arrears of child support maintenance payable under the calculation and/or amounts of child support maintenance which will become due under the calculation.
Penalties against an employer
It is a criminal offence for the employer not to comply. Section 32(8) of the Act provides that if an employer fails to comply with the requirements of a DEO he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level two on the standard scale (£500).
Circumscribed grounds of appeal
What then is the available remedy for the employee who has had his earnings slashed by virtue of a DEO? The possible grounds for appeal against a DEO are contained in Regulation 22 of the Child Support (Collection and Enforcement) Regulations 1992 ('the Regulations') which provides that an appeal may be made only on one or both of the following grounds: (1) that the deduction from earnings order is 'defective'; and/or (2) that the payments in question do not constitute earnings. In reality the second ground of appeal is rarely argued because a dispute as to what constitutes earnings usually only occurs where the liable person is self-employed.
Appealing against a DEO on the basis that it is 'defective', however, is becoming an increasingly common avenue of appeal. Unfortunately, the common misconception as to the meaning of 'defective' in the discrete world of CSA law is leading to expensive and unnecessary litigation. This situation is sadly often fuelled by the lack of awareness of this area of law in the magistrates' court. This may go to the absurdity of the legislation providing that the appeal ought to lie to the magistrates' court rather than any fault of those courts.
However, surprising as it may seem, a 'defective' DEO is not, for example, one which ought not to have been ordered because the child support maintenance was never owed; nor that the calculation is entirely wrong; nor that the person who is the subject of the DEO is not a liable person. This is made clear by section 32(6) of the Act which provides that a court hearing an appeal under subsection (5) the shall not question the maintenance calculation by reference to which the deduction from earnings order was made. One begins to wonder if the 'right' to appeal is an Orwellian term.
Finding the definition of 'defective' requires some hunting around because it is not contained in the Act. Instead it is contained in Regulation 8(1) of the Regulations which provides that: "defective" means . . . that it does not comply with the requirements of regulations 9 to 11 and such failure to comply has made it impracticable for the employer to comply with his obligations under the Act and these Regulations. The criteria in Regulations 9 - 11 are rather banal provisions pertaining to: the name and address of the liable person, the name of the employer at whom it is directed; where known, the liable person's national insurance number; and the protected earnings proportion (no more than 40% of a liable person's earnings may be deducted). However, even if sections 9 - 11 are wholly ignored Regulation 8 will not bite unless the failure has made it impracticable for the employer to comply (so long as there is no breach of the protected earnings proportion). In other words if any monies have been deducted successfully in any month by the CSA, the DEO cannot be said to be defective.
Other avenues of appeal
The best weapon against DEO's does not lie by way of statutory appeal, but in fact by way of an appeal against the maintenance calculation itself which lies to the CSA Appeal Tribunal. The Tribunal has the power to question the all important calculation which in turn may lead to some success in challenging the DEO. Unfortunately, this is still a little known form of redress against the DEO.
About the Author
Ian Mann - Employment Barrister http://www.employment-barrister-uk.com http://www.13kbw.co.uk 13 King's Bench Walk Ian Mann was called to the Bar in 2000. He practices in employment disputes representing both employers and employees. His employment practice embraces the full spectrum of Employment Tribunal, High Court and appellate work and covers all areas of employment law, especially discrimination.

Personal Injury Claims - Protect Your Rights by Knowing What NOT to Say by Arthur Gueli

2007-04-15T07:40:00.000-07:00

Pursuing a personal injury claim puts you in an unfamiliar situation. You'll have to think carefully before you speak to anyone. From the adjuster, to the defendant, to the police officer at the scene - what you say makes a difference.
Never forget that the insurance company wants to save money. When processing your claim they'll use anything you say against you in order to lower your settlement payment.
Litigation and claim processing really starts the moment an accident happens. You can make or break your case depending on how you handle yourself immediately after the accident. You must collect and pay attention to evidence, and you need to keep a clear record of what you see.
What you say during this time can sometimes come back to haunt you. Imagine that you come out of a car accident and you're faced with a hysterical driver. You might feel the need to calm them down. It would be natural to say things like "it's okay", "it's not your fault", or even "it's my fault." You might also feel the need to say that you're okay and aren't injured. Saying such things is normal and shouldn't totally ruin your personal injury claim. But these statements can make things more difficult, especially if you were heard by witnesses.
If you have an accident on business property, you may be interviewed by a company representative, or be asked to fill out forms on the accident. First of all, don't sign anything. The only thing they could possibly ask you to sign is something that will clear them of responsibility. You haven't even thought about a personal injury claim yet, so why would you let them off the hook?
As for questions they'd ask, answer like you would for a police report. Never say anything that will admit negligence on your part. Don't even hint at it. Something as simple as saying you're not sure what happened, or that you may have made a mistake, is bad for you.
When discussing your personal injury claim, you want to make sure you refer to your injuries in medical terms. Usually you'll just be repeating things from your medical file.
Sometimes, you might be tempted to use terms that are medical slang. Don't do this. A common example of this kind of slang is the term "whiplash." This term is widely used and serves to quickly explain a certain type of injury, but it's a bad word to use when discussing a personal injury claim.
Whiplash has never been a medical term. It used to be an acceptable way of describing certain injuries incurred from a car accident. These days it's become associated with exaggerated or even fraudulent claims. Using it can damage your case - it can create a negative view with the adjuster or the judge.
No doubt there will be other times when you should watch what you say. The general rule to remember throughout your personal injury claim is: you're not an expert. Whether it's legal or medical, don't let anyone pressure you into saying something that isn't your place to say - this is especially true when determining the extent of your injuries. And remember, if something is your fault, then it's someone else's job to prove it.
About the Author
Arthur Gueli works with his brother Charles (a licensed personal injury attorney) teaching injured people how to protect their rights and obtain fair compensation for their damages.
Learn more about liability in traffic accidents (and how to make it work in your favor) at this page on their information-packed website: http://www.injury-settlement-guide.com/personal-injury-lawsuits.html

Most Frequent Complaints About Other Lawyers by David Sandy

2007-04-15T07:39:00.000-07:00

1. Won't return phone calls. I've had this one leveled against me once. This happened after about two months of not getting a cost deposit and when I checked my records I found I had e-mailed the parties back at 10 P.M after receiving a message at about 8 P.M. This resulted in me asking them to get another attorney, everyone knows setting up conference calls is tricky. What is a reasonable response rate for a Memphis lawyer. If you call in the morning 80% of the time you should be called back the next day, especially with solo practitioner who are frequently out of office, which is the reason you should never expect a solo to call you back the same day unless clearly an emergency and they would be justified in calling you at eight at night. Occasionally, it will take a few days to call you back. The rule is after three days call the lawyer again. We're lawyers not organizational geniuses. 2. Won't do what I say. This one's a nasty one. You're okay with what the other side agrees to but the lawyer just won't take the offer. Keeps telling you you can "do better". Then when you don't agree to the expensive rabbit hunt all of a sudden problem one occurs and you can't close the case out. The quick solution is to ask for the bar number and threaten to report the attorney. This one is absolutely inexcusable. 3. Not fast enough. Leveled against me before. Frequently heard and frequently incorrect. Virtually every lawyer has an internal clock. Your case is most important to you. It probably isn't to me. If you have a two month old debt collection with no statue of limitation issue I'm going to push it in favor of a child custody that needs attention. The fees charged will reflect this too. I'll ask for a higher retainer on a non-urgent litigation then on a child custody I think will need the same amount of work. Most major work product should be done within about a month of when I say I'll get it done. Sometimes weeks sooner too. Past a week call me to check on it. Those get prioritized. If I get the feeling you don't care about your case I won't care a lot either, but don't be nasty I pencil shave the bills of clients I like all the time and stay up until two in the morning if I have too. Its all about the magical random slack time. This is lighting fast in Memphis Lawyer time. I have opposing counsel months behind on all sorts of stuff. 4. They're an idiot! Maybe, maybe not. I encounter a lot of idiots. Frighteningly enough, it doesn't seem to harm a lot of reputations or sometimes effectiveness. Sometimes the lawyers don't listen. They should explain the law and how it applies to your situation. If think they are speaking in gibberish they might just be spouting vaguely remembered legal terms from law school. You might not be able to follow the reasoning but you should see analysis. Ask how if something was different how it would change the situation. There's no cure besides a new lawyer if they really are an idiot though. Beware each change increases the difficulty and cost of getting a new lawyer. If your case gets complicated at all the lawyer should do at least one brief memo. Ask about research. If a lawyer doesn't do it then watch out. They may have turned into an idiot. 5. Overbilling. I see a lot of this though never of an intentional type. Its always subtle. Remember everyone likes to have it a little easy and value themselves and I'd never take offense at taking a double look at a bill. Never be accusatory unless you plan on changing lawyers. Mainly bigger firms are guilty. I've had clients show me intra-firm e-mails that consumed a 3k retainer on a simple matter and accomplished nothing except apparently a gab session. Beware of multiple attorney firms, also minimum charges of ¼ an hour and paralegals. Ask not to get charged for messages to call you that you leave. A lot of times the best lawyers work in firms though. So what to look for. One attorney should be responsible for your case. Associates should be bossed around or leading your case and asking pointed questions. I know that sounds bad, but its what you as a consumer want. Group think can literally triple your bill. Discrete tasks are okay and can allow people to share a talented lead attorney. When solos tend to overbill they do so by dragging out litigation. I've rarely heard of a solo with minimal staff who itemizes being criticized on the billing front.
About the Author
The author David Sandy practices law and has on his website www.mymemphislawyer.com articles concerning being a non-specialized Memphis divorce lawyer and other kinds of law.

Is a good tan really worth developing cancer for? by Katrina Eadie

2007-04-15T07:38:00.000-07:00

As more and more people develop malignant melanoma from using sunbeds, we have to ask ourselves why these people are yet to recognise the dangers of topping up their tans and why salon owners are able to provide such a service, which can sometimes be totally unsupervised.
Like many things that we look back on, in 50 years time we may question why sunbeds were ever in existence for customers and who knows, we may even see a number of no win, no fee compensation claims being made.
One of my favourite programmes on television at the moment has got to be Channel Four's Ten Years Younger (www.channel4.com). I'm always stunned to see how people manage to let there looks deteriorate over the years to the point that people on the street think they look about 65 when their real age is in fact 51.
But none have shocked me as much as the latest episode where a woman who for her entire adult lifetime had been tanning herself in the garden and under the sunbed using butter and even engine oil to deepen her colour! If the woman's skin cells could talk, I'm sure that they would want to speak to a personal injury solicitor to make an injury compensation claim against her for exposing them to such extreme levels of UV light.
Like most of my friends who refuse to accept that each time they use a sunbed their skin becomes a little more leathery, the woman ignored all of the warning signs and carried on attending her beauty salon three times a week. After all, if tanning booths are legally allowed to be used on our high street, surely they can't be that dangerous?
And what about how they make you feel? According to the show's plastic surgeon, people become addicted to tanning booths because when their skin has been exposed to UV rays it tends to swell up slightly, reducing fine lines and giving the person an overall healthier look. Surely that can't be a bad thing?
But no matter how good you might feel or think you might look, the possibility of developing cancer is a real risk, a risk that could be prevented if better regulations and warnings were imposed.
If somebody wanted to make a no win, no fee claim for injury compensation, they would have to be able to prove that the sunbed they were using was faulty or that a tanning salon was not fully supervised or failed to provide warnings about tanning for long periods of time.
Last year, such an accident claim was made against a sunbed hire company after a woman was knocked out by an electric shock, which then caused the lid of a sunbed to collapse on top of her. The woman remained lying under the UV rays, unconscious, for two hours and 40 minutes before she slowly came around and prised the lid off. She suffered severe burn injuries in the accident and may have considered contacting compensation solicitors to make a no win, no fee claim for accident compensation.
If you are considering using a tanning booth consult a health and beauty specialist who will be able to advise you on the length of time and regularity for which you should be using a sunbed.
But why use a tanning bed? What's so bad with being the English Rose you were born as? Unless the opportunity to make no win, no fee claims for injury compensation was available, many of us would find it very difficult to get our lives back on track after sustaining serious personal injury or afford the same amount of surgery the woman on Ten Years Younger needed to repair her damaged face.
This article may be published on another website free of charge, on the condition that a link is provided from this article to our website: http://www.youclaim.co.uk/Personal-injury/Personal-injury.htm
About the Author
YouClaim are the leading online personal injury compensation claim people with a 97% claim success rate. Call 0800 10 757 95 or visit http://www.youclaim.co.uk for more details.

Tips On Choosing The Right Lawyer by Manuel Simao

2007-04-15T07:37:00.000-07:00

One of the biggest predicaments when approaching the court is to find the apt lawyer to represent you. Here are some tips that should be considered while doing so:
Size of the firm: People think that by approaching a bigger sized firm they are guaranteed of better services. However this is not at all true. The insurance adjusters are experienced enough not to be stirred by a large law firm. If anything, they are more on the watchful as the norm is for large firms to have the high end clients with unbelievable legal problems. This is also the reason why a small time guy like you may be ignored by these massive firms. You will, in fact, receive better attention and advice from a smaller firm.
Experience with plaintiffs: It is imperative to hire a lawyer who has enough experience representing plaintiffs or claimants in lay mans terms. This works better as against hiring a lawyer experienced in representing defendants, as such lawyers generally have a very narrow outlook and thinking. They will surely seem too soft and fall short against the cold, calculating and ruthless insurance company clients.
Research: Always conduct your own personal research about the lawyer by approaching and inquiring from neighbors and acquaintances that he may have represented. Approach the lawyer only if they have given some good reviews and you are personally at ease. When you meet the lawyer, always be comfortable in asking him and clearing your various doubts. In the course of the discussion you should try to extract certain facts like:
Experience being a lawyer: Preferably he should have at least five years. Anything below that could be problematic.
Experience dealing with your condition: Ascertain the number of cases he has fought that were related to yours, as in personal injury or insurance, etc. Anything less than 75% is an indicator for you to search elsewhere.
Area of expertise: Find out whom he generally represents successfully. If you find that he is more comfortable handling companies or corporation, he is simply a defendant lawyer. Move on, he is no good for you- a plaintiff.
Fees: After you are sure you have found the right lawyer, discuss the charges he is going to impose on you. Remember, if you are at fault, he could charge you heavily for every trick he tries. However if the other party is at fault, he may willingly accept your case, willing to waive all potential charges, as he knows it is a winner. Always discuss the terms and conditions and take the fee agreement in writing. If he refuses to do so, ignore him and look out for another one.
About the Author
Manuel Simao is the creator of http://www.asesoresenlared.com ; a website specialized on asesor juridico, resources and articles. More info on asesor juridico at: asesor juridico .

Florida Malpractice Lawyers Truth About Timely Claims by Markus Skupeika

2007-04-15T07:36:00.000-07:00

Every law firm has a very specific and well defined policy concerning medical malpractice claims. Medical malpractice claims are very difficult claims to fight legally. For this reason, a law firm initially accepts these claims on a tentative manner.
It takes time to gather the necessary medical records, to study and analyze the said records, to consult with respected medical experts, to gather additional pertinent data, and to reflect upon the likelihood of success. Medical malpractice claims can be extremely time consuming, very expensive to represent legally, and highly problematical in reference to the chance of success.
Florida medical malpractice lawyers, reserve the right to notify you that, in his/her opinion, your prospective medical malpractice claim does not justify pursuit by the lawyer's office.
Having come to this conclusion, the law firm expressly reserves the right to withdraw from your representation. If you have asked the lawyer to review a prospective medical malpractice claim, please remember your claim is being accepted under these terms and conditions. Some of the difficulties related with medical malpractice claims are more specifically given below.
The defendant physicians in medical negligence cases receive verdicts in their favor exceeding 70% and often reaching 80%, or more. There are several reasons for this, namely:
1. The jury system is rather conservative -- and in medical negligence cases, highly conservative.
For example, most elderly prospective jurors are extremely dependent on health care, that is why they tend to support the defendant physician's position.
2. Fairness of the juror is increasingly compromised by insurance industry, by media and by propaganda.
This is not to say the propaganda generated is accurate; most of the time the information presented is provocative, but highly inaccurate. Despite this fact many jurors repeat what they have read, heard, or seen. Statements like these are heard frequently:
a. "Malpractice settlements and verdicts significantly drive up health care costs." b "Doctors order tests as part of defensive medicine." c. "Expert witnesses are mostly phonies and hired guns." d. "Are you one of those lawyers who advertise on television?" 3. The legal rules are slanted in favor of the defendant physician in many respects.
Expert testimony is required in virtually every case to prove the defendant physician failed to meet the established or existing "health care standard." When a trial becomes a "battle of experts", the petitioner is more often at risk and more likely to lose. The standard of care needed by medical providers incorporates "average" care. It does not require excellence.
4. Most of the time the legal "killer" is causation.
Defense verdicts are frequently delivered and rationalized by juries on this statement. In most medical negligence cases it is observed that almost every petitioner had some pre-existing condition that ultimately led to the injury complained off.
5. The vast majority of cases are not economically viable to pursue.
Without significant publicity, insurance carriers pay the defendant physician and his insurance carrier to delay the settlement, with the help of defense counsel. And that is exactly what happens. Thus, the plaintiff must either accept a nominal settlement or be ready to hire experts whose fee levels are often highly inflated. Litigation costs that are associated with an average contested medical negligence or medical malpractice claim more often than not exceed $50,000.00. And the hours that a lawyer usually spends on a case number to hundreds of hours.
Ten years ago, the conventional wisdom dictated rejection of medical negligence claim that had damage potential of less than $200,000.00. Today, because of the increasing pressure and the increasingly complicated nature of juries, conventional wisdom is not to accept a claim unless it has a value of, at least, $300,000.00.The above mentioned reasons demonstrate the difficulty and intricacy of medical negligence cases and the obstacles likely to be faced by the lawyer in the prosecution of such cases. These are the reasons, among others, that do not permit the medical malpractice lawyer to pursue every medical negligence claim that are reviewed by the lawyer.
NEGOTIATION AND SETTLEMENT
Once the lawyer has completed the initial evaluation, conducted the necessary investigation, and documented your claim as best as the lawyer possibly can, he/she will submit a demand note to our opponent to explore the possibility of settling your claim without the need of filing a lawsuit.
This process is treated in terms of the effort put forward just as if the lawyer was far along in the litigation process and preparing for trial. Demonstrative exhibits are frequently utilized as part of the settlement demand package, along with settlement videos, and bound settlement books .The goal is to make your claim stand out from every other claim received by the opposing insurance carrier. The ability to add a unique element to the claims of the clients often results in highly successful settlements.
If a claim is not resolved in the pre-suit stage, which does not mean that the lawyer will not continue settlement negotiations as appropriate. The entire lawsuit is often in reality, one long settlement negotiation. The goal after proceedings are commenced is to position the case so the best possible settlement or judgment can ultimately be achieved.
About the Author
Discover more information and Free Online Ebook from qulaified Florida Car Accident Lawyers. Research Free Legal Adivce from Florida Lawyers before you recieve a Free Consultation Online.

credit card bankruptcy by Michael Malega

2007-04-15T07:35:00.000-07:00

Writing this article for you was a pleasure, I desire it be likewise for your to read it.
As people use credit cards to make payments for items that they are buying, sometimes they overuse their credit card. This will not become a problem if the person has a way of paying off their debt. There are instances where credit card bankruptcy will have to be declared.
This bankruptcy claim can be disputed by the name card issuing agency if they feel that you have obtained the credit card by fraudulent means. If the name card company feels that you are Using the card in an outlaw(a) fashion they can refuse to discharge your debt.
When the credit card company challenges this debt it becomes a non-discharge ability action. In the non-discharge ability activity the credit card issuer will declare that you have obtained your credit card by submitting a fraudulent credit card application. They can also hold that you have received a credit card without any intent to pay any off the debts that you are incurring.
There are many reasons why credit card bankruptcy claims will be challenged. These reasons will include an increased use of your credit card before you register for bankruptcy, or if you have just been issued a new credit card after the credit card company approved your application for the card.
Or perhaps large advancements of cash were made just before you filed for credit card bankruptcy. As these reasons can indicate to your creditors that you are not intending to pay off your debts they will be able to prove to the courts that you are planning on defrauding them.
So if you are intending to file for credit card bankruptcy it is best if you don't use your credit cards for at least Six months before you file for credit card bankruptcy. The less use that can be found with your credit cards will validate your claims that you are in fiscal difficulties.
Before you do file for credit card bankruptcy it is best if you talk the situation over with your lawyer. You can inform your attorney about your integral financial problems and see the assorted courses that you have open.
You must realise that once you have filed for credit card bankruptcy your public record will state that you have undergone bankruptcy for bad credit. This substance that you will need to uprise to various businesses that you are conformable to pay the higher credit rates that you can be charged.
While this course of activity may seem difficult to reflect sometimes it is the only way that you can find a Breathing space to reorganize your financial affairs. Once you have proven that you are in financial difficulties your credit card bankruptcy filing will let you negotiate with your lawyer and creditors the best way to pay their loans back.
I'am glad you have found this article I hope you found the data useful.

About the Author
Michael Malega presents several credit card bankruptcy articles for your information. You can visit Michael's web site at: http://www.bankruptcy-chapter-13-facts.com/Credit-Card-Bankruptcy.php

bankruptcy records by Michael Malega

2007-04-15T07:34:00.000-07:00

Time to get started on this topic. Take a few moments to read every aspect of this paper hopefully it will be of great help.
Most of the time the actions we take and the things we do, are reasoned as being public and as such they can be viewed by anyone. This fact also holds true for the individuals who have gone through with bankruptcy. Once you have filed for bankruptcy it becomes public property and anyone can look for your bankruptcy records.
In most cases prospective employers who are looking to employ person will sometimes look in bankruptcy records. These records can be accessed by anyone. You can find this information by calling the bankruptcy courts' voice automated service. This help will provide you the selective information that you require.
To attain this information you will need to supply the case number, social Security number or the name of the person that you are looking for info about. You will also be able to access these bankruptcy records from the bankruptcy courts web site.
At the spot the data about bankruptcy records is free but you should check to see if this is the eccentric the next time that you look for diverse bankruptcy records. The bankruptcy records will contain lots of information about the bankruptcy case.
This info mostly is the name of the person who is filing for bankruptcy and which bankruptcy for filed for. Special information like bank bill information, current and past residential addresses can be found from the bankruptcy records. You can also find the person's social Security number and their date of birth.
These bankruptcy records hold the selective information about the person's family - the names of the spouse and the children - and employment records. Fundamentally you will be able to approach the integral life history of the person. This data is helpful if you want to know if the person has a history of finance problems.
In the bankruptcy records once you provide the case number of the bankruptcy case you will be able to look at the integral proceeding. This selective information will let in the names of the lawyers who worked on the failure case. The versatile assets and property that were not part of the failure defrayment scheme will be listed as well.
Also having data on bankruptcy clients bankruptcy records can deal with other matters that deal with bankruptcy. These matters can be the another(a) types of information that are needed for the various forms of bankruptcy. You can also accession info about where to find and get the bankruptcy forms that you need.
While bankruptcy records hold information about a person who has gone through a failure case they are normally looked up by people who need this selective information for their company's credit purposes. The system of public access makes this data readily available and easy to find.
I desire you enjoyed reading this article and found the information useful and interesting.

About the Author
Michael Malega presents several bankruptcy facts articles for your information. You can visit Michael's net site at: http://www.bankruptcy-chapter-13-facts.com/Bankruptcy-Records.php

bankruptcy facts by Michael Malega

2007-04-15T07:33:00.000-07:00

Knowing that you need to better understand this topic I recommend that you take Five minutes to read what we have to say.
Since bankruptcy is a place that seems to be hit more people it is best to know some bankruptcy facts. These facts can help you to understand what happens when you claim to be bankrupt. The first fact that you will need to interpret is that filing for bankruptcy is not the end of the world.
Bankruptcy is a way for you to suspend the dissimilar debt collections that are being carried out in your life during the time that you have in some way managed to roll up lots of debts. Once you have filed for bankruptcy the tribunal will allow an automatic stay order.
This stay order will keep the dissimilar debt collection agencies from trying to collect their debts while the tribunal is looking into your tangled up finances. According to the known bankruptcy facts, during the time of your failure money cannot be collected from you by your creditors.
These individuals will need to talk to your attorney to find data about the debt payment. These creditors can sooner or later petition the court for alleviation from the stay order. This alleviation order will provide them with the ability to collect any secured debts that you have written over to them. This is the only way that these creditors can collect money, property and assets from you.
By knowing about bankruptcy facts like this you can make sure that you are careful about assignment your property as security measures to credit companies. There is another failure fact that you should know about. In this fact once your failure payments have been fully paid off you will be released from further debt payments.
At this point former creditors will no longer have any claim on you and they can not force you to pay any more of the former debts. Even so if you do happen to get into credit difficulties with these same creditors once more they will have the right to search compensation for these new debts that you have incurred.
As you look through the various bankruptcy facts and advice, you will see that in most cases your assets that can be turned into immediate payment must be turned over to a bankruptcy trustee. This judicature decreed person will make sure that you are paying off your debt in a sensible manner.
You disposable assets once they have been liquidated will be distributed amongst your creditors. This is also another way for you to drop your bankruptcy charges. There are many other bankruptcy facts that can help you to keep off being in trouble with the various people to whom you owe money. You just need to talk with your attorney for help.
Thank you for Taking the time to read my article it is greatly appreciated. Try searching through my other articles.

About the Author
Michael Malega presents several bankruptcy facts articles for your information. You can visit Michael's WWW site at: http://www.bankruptcy-chapter-13-facts.com/Bankruptcy-Facts.php

Getting An Employment Lawyer by John Luke Matthews

2007-04-15T07:32:00.000-07:00

If you got an employment case that needs legal assistance and representation by an attorney, you must be wary in choosing the right employment lawyer. It is your exclusive right to choose an advocate to uphold your worker's rights. But how do you start scouting for the right lawyer?
First, you need to be sure of three things that must be present with an employment lawyer: first, he must be specialized with employment laws; second, he should represent the employees of his jurisdiction; and third, he must have his own office or he comes from a law firm in your state.
Most labor unions have a pool of referrals for lawyers who can handle employment cases like yours. But if you're out on your own to look for a lawyer, you can refer to websites that usually contains details about their background and track record. Yellow pages can be a good resource too. The National Employment Lawyers Association (www.nela.org) has a repository of lawyer information that represents employees (not employers). You can also ask referral from friends or other lawyers (use the free lawyer referral service from your local state bar association). Be sure that you choose a lawyer within a short period of time, because most legal claims have time limits so it's best to act on your claim as soon as you've secured the lawyer of your choice.
It's also advisable to keep a list of possible lawyers that you fancy working with, then you narrow the list to about three. Apply the rules of collect and select here. Then you schedule an appointment with these three lawyers. Once you've talked with them you will then have a better disposition to choose the best lawyer you can find.
Once you chose your lawyer, you then arrange for the fee agreement. Some would charge on a contingency fee basis; others will charge you a statutory fee, depending n your case. If there's anything you might wish to clarify with the arrangement, ask all your questions you might have before you enter an agreement. And make sure that you understand all that is written on the written fee agreement before you sign it to lessen the chances of misunderstanding.
Remember that because of the nature of employment laws, time is of the essence when you choose an employment lawyer. Be sure that you choose carefully in haste so your claims don't get delayed.
-----
Our Los Angeles law firm have expert attorneys that handle cases for personal injury, employment and social security disability. Please visit our website at expertlosangelesattorney.com

About the Author
John Luke Matthews is a regular contributor of relevant articles about the jurisprudence of employment. He is part of the Mesriani Law Group and is currently taking information technology studies as well.

The Myths Surrounding Social Security and Disability by John Luke Matthews

2007-04-15T07:31:00.000-07:00

The confusion and lack of information regarding application for successful approval for disability benefits has spawned lots of misconceptions about the whole disability benefits process. That is why most of the people hesitate to even file a claim even if they are qualified. For those claimants who have diminished trust with the system, this article may be worth reading.
Many are led to believe that the SSA automatically denies all applications the first time. To answer that myth, there is no regulation or policy that controls the SSA disability system in such a way that all initial applications get automatically denied. It is a fact that 60 to 70 percent of these applications get denied, but only because claimants never realize what they should do to improve their chances of winning the benefits. More so, claimants do the mistake of filing new applications in response to claim denials instead of appealing.
Another myth surrounding social security is that the SSA denies disability claims often in order to save government money. Definitely this is not true. Disability examiners use specific policies in relation to quality control for approving and disapproving claims so as to make sure that the decisions do not get corrected once the finished cases get screened for final approval. More often than not, disability examiners tend to be quite unyielding whenever they wish to approve a claim, for worries that returned cases for corrections may affect their job performance. The effect therefore is that quality control has an impact on the number of disapproved cases. It is simply unintelligent then to think that the government attempts to save money by denying rightful claims.
There is another misconception though regarding the age at which you applied for your disability claim. There is no general ruling for any age limit at which a claimant may get approved for disability. It is just more favorable for older people to win SSI benefits, but generally, a claimant's case is decided on the substantiality of the medical evidence presented, and the capacity of the person to return to his past work, or to be engaged in some other types of work.
People may only understand so much about the intricacies of the whole system. But if you really are pursing a claim and wants to be sure of all the right information about its procedures, it is a sound advice then to seek assistance from a legal representative or attorney.
-----
Our Los Angeles law firm have expert attorneys that handle cases for personal injury, employment and social security disability. Please visit our website at expertlosangelesattorney.com

About the Author
John Luke Matthews is a regular contributor of relevant articles about the jurisprudence of social security. He is part of the Mesriani Law Group and is currently taking information technology studies as well.

How To Prevent Sexual Harassment in the Workplace by John Luke Matthews

2007-04-15T07:30:00.000-07:00

To define sexual harassment is broad, but usually it leads to purposes of intimidation and hostility among employees, and any discriminating sexual advances or conduct by employers or co-employees can be classified under sexual harassment. What most people don't realize is that sexual harassment nowadays is very prevalent in the workplace.
Sexual harassment doesn't have to be in the form of asking any sexual favors in exchange of benefits at work, but it can also come in different pervasive and unwelcome acts that can create a hostile work environment (sexist remarks, explicit language, demeaning comments, etc.). Because of the organization hierarchy that exists among all workplaces, employers or those who are in the higher levels in the corporate ladder account for the majority of the offenders. Females are the usual target of sexual harassment offenders, and more often than not these offenses do not always get reported for fear of humiliation and threats by the offender. Half of the victims of sexual harassment chose to silence themselves, and only about ten percent of those women actually report these incidents to higher authorities.
Sexual harassment is a blatant violation of Title VII of the Civil Rights Act, and employers must have a sense of responsibility of maintaining a conducive work environment for their employees, and that includes making the workplace sexual harassment-free. For employers who do care for the welfare of their workforce, they must have a clear anti-sexual harassment policy in their corporate manuals that defines offenses regarding sexual harassment and the disciplinary actions that will be imposed to the offenders. They must also conduct workshops/trainings at least once a year for employees, managers and supervisors about sexual harassment and how to deal with it (some states actually require employers to do that). Always have a high level of vigilance with what's happening with your workforce and keep your lines of communication open with your co-workers. And make sure that you take the necessary actions immediately whenever there's a harassment complaint that's been raised by any employee. Ultimately, employers should do everything within their authority to dispel all incidents of sexual harassment for a better workplace.
-----
Our Los Angeles law firm have expert attorneys that handle cases for personal injury, employment and social security disability. Please visit our website at expertlosangelesattorney.com

About the Author
John Luke Matthews is a regular contributor of relevant articles about the jurisprudence of employment. He is part of the Mesriani Law Group and is currently taking information technology studies as well.

Discover How To Prevent Identity Theft by Jon Arnold

2007-04-15T07:23:00.000-07:00

The crime of identity theft is probably one of the fastest growing crimes of this century. The reason for that is because far too many people make it way to EASY to have themselves be a victim of identity theft, and they do not take the task of protecting themselves against identify theft seriously enough.
What happens in a case of identity theft? Basically, the thief "becomes" you, opens loan accounts, charge cards, and credit cards in your name, then disappears into the sunset, never to be seen again. In the meantime, the first that you become aware of it is when you start getting calls from lenders and creditors that you have never heard of and where you "know" you do not have an account, asking when you going to start making payments or is there a problem? But by then, it is far too late.
Let's back up a step. How does identity theft occur? Identity theft occurs when a third becomes you. That is done by a thief going through your trash and coming up with something that has your unique identifiers on it. If you have decent or good credit, you probably get these pre-approved cards in the mail all the time for credit cards and loan accounts. What do you do with these offers? Do you simply throw them in the trash? If so, you are putting yourself at risk for identify theft, as much of America does. Instead, invest in a small shredder, probably under $50 at Best Buy, Circuit City, or your local office supply store, and shred documents such as those. Anything that has identifiable information on it other than "Occupant" goes into the shredder.
Another way this happens is in restaurants, and unfortunately, even some of the nicer restaurants. Dinner has come and gone and you are enjoying the ambiance of this restaurant and the company of your spouse and perhaps some guests. The waiter or waitress brings the check, and you pick it up, glance at it, then lay it back on the table with your credit card. BIG MISTAKE. What happens is that your credit card has left your sight for a period of time - more than enough time for a possible thief to write down your credit card information, your expiration date, your CCV code (that three or four digit code on the back of your card), and get the bill back to you. You do not know what has happened to your credit card while it was out of your sight. Chance is good that nothing is going to happen with your credit card, but what if it does? You just gave the thief everything they wanted to start a spending spree, and in the online world, all you need is a credit card, expiration date, and CCV number.
Do not allow yourself to become a victim of identity theft. Be very aware of where you are and who you are with. If it is necessary to pay for a meal like at a restaurant with a credit card, ask the waiter to bring the bill to your table. With the rising amount of crime that is seen this way, most waiters will think nothing of the request. They can get credit authorization just with the account number, not with CCV or expiration date. The bottom line is not to make yourself an easy target.
About the Author
Jon is a computer engineer who maintain a variety of web sites based on his knowledge and experience. For more information about Preventing Identity Theft, please visit his web site at Prevent Identity Theft.

Stipe & Belote, PC Announces New Website by Sara Goldstein

2007-04-15T07:18:00.000-07:00

Personal injury lawsuits in Oklahoma City are a complicated and sometimes stressful process. They require an attorney or law firm that has lots of experience handling a variety of personal injury claims. Stipe & Belote, PC hopes to take some of the confusion out of these cases with the introduction of their new personal injury law website.
The website (http://www.stipeinjurylaw.com) covers all of the law firm's practice areas ranging from auto accidents to product liability to nursing home abuse and has detailed pages about each of them. It is important for anyone who has been injured to familiarize him or herself with what to do during or after the injury has occurred, when to seek legal counsel and whether they have a viable legal claim. Stipe & Belote, PC's new website aims to make this process as easy and painless as possible. The website also features information on what you should ask an attorney and frequently asked questions about personal injury.
Stipe & Belote, PC prides itself on its extreme commitment to each client. Consequently, their Oklahoma attorneys want to provide prospective and current clients with access to a number of its verdicts and settlements. With this the firm not only hopes to display its accomplishments, but also to instill confidence in those who have been injured and seek compensation. Stipe & Belote, PC hopes that their new website give a new sense of hope to injured victims in Oklahoma City and throughout Oklahoma.
About the Author
For more information regarding personal injury lawsuits in Oklahoma City, Oklahoma, please click here.

Strategies for Winning a Personal Injury Claim by Natalie Aranda

2007-04-15T07:15:00.000-07:00

When you file a personal injury claim you are more than likely doing so because you are injured and want compensation for those injuries. A personal injury settlement is very important to you because you have more than likely lost income due to your injury not to mention future income because you are no longer able to work as you once did. This is important and you need to find Boston personal injury attorneys who will help you win your personal injury settlement. Remember that there are many Boston personal injury lawyers in the area and you should consult with the best ones in order to have the best strategy for winning your personal injury claim.
There are many strategies for winning a personal injury claim, but one of the most important is to win the accident solicitor over. When he/she talks with you about your injuries don't just mention what injury or injuries you have and be done. Instead, really talk to the accident solicitor and inform them of what happened to you. Make it a narrative and express how you feel about your injuries. Tell the solicitor how now you feel like less of a person because you can't even walk around and do things for yourself. Or, say that you feel helpless and guilty because your spouse now has full responsibility of the income and taking care of the family. Really get the emotions out and show how your injury has affected you mentally. When the compensation solicitor sees how you feel and can empathize with you then you are better off at winning a large sum of money for your personal injury claim. If the compensation solicitor can't tell from talking with you that the injury has significantly impacted your way of life then you probably won't get as much money as you are hoping for.
There are many other personal injury settlement strategies, but this is one of the best ones and one that is often overlooked. Talk with your Boston personal injury attorney about any other recommended strategies you can use as well to ensure you get the money you deserve for your injury.
About the Author

Questions to Ask When Interviewing Personal Injury Lawyers by Natalie Aranda

2007-04-11T03:53:00.000-07:00

When you are meeting with personal injury lawyers there are many questions you need to ask to ensure you are getting the information you need to make a good decision. The following questions are some of the most important questions that you need to ask Boston personal injury attorneys before making a decision as to which Boston personal injury lawyer will represent you.
The first question you should ask when you arrive at the personal injury lawyer's office is whether or not the consultation is given free of charge. If you are expected to pay for the consultation you will want to know up front so you can decide whether or not to continue. Waiting until after the consultation to ask is too late. So, be sure this question is addressed first thing in the consultation or even before you arrive with at the Boston personal injury attorney's office.
The next important question to be addressed is about your rights. You will want to ask the Boston personal injury lawyer what rights you have that require protection. The lawyer should be able to immediately give you the answer based on your case. If not, you will want to find another more knowledgeable attorney.
You will also want to ask about medical bills and who is responsible for paying them. If you are visiting a personal injury lawyer it stands to reason you have medical bills. Find out who will pay for your drug and medial bills, lost income, pain and suffering, household help, and more.
Make sure you also ask the personal injury lawyers about how they will help you protect your rights as well as what forms and papers need to be filed. Find out if the law firm will help you obtain and file these papers or if you are on your own.
Claim letters will also need to be sent and you want to know what insurance companies should be notified and who is responsible for doing this. Is it your responsibility or will the law firm handle this for you? Make sure you know this answer so you don't run into problems.
There are of course many other questions you will want to ask your Boston personal injury attorney and that is ok. During your consultation you should have your questions answered and if you feel comfortable with the law firm then you may make the decision to have them represent you. Don't forget to ask about payment and if there are any deferred payment plans or if payment may be made through the settlement. When you get all of your questions out of the way the case will go much smoother. Just make sure you take notes so you remember everything you discussed.

About the Author
Natalie Aranda is a freelance writer.

History of law

2007-04-11T03:50:00.000-07:00

Main article: Legal history

King Hammurabi is revealed the code of laws by the Mesopotamian sun god Shamash.
The history of law is closely connected to the development of civilizations. Ancient Egyptian law, dating as far back as 3000 BC, had a civil code that was probably broken into twelve books. It was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality and impartiality.[59] Around 1760 BC under King Hammurabi, ancient Babylonian law was codified and put in stone for the public to see in the marketplace; this became known as the Codex Hammurabi. But like Egyptian law, which is pieced together by historians from records of litigation, few sources remain and much has been lost over time. The influence of these earlier laws on later civilisations was small.[60] The Torah from the Old Testament is probably the oldest body of law still relevant for modern legal systems, dating back to 1280 BC. It takes the form of moral imperatives, like the Ten Commandments and the Noahide Laws, as recommendations for a good society. Ancient Athens, the small Greek city-state, was the first society based on broad inclusion of the citizenry, excluding women and the slave class. Athens had no legal science, and Ancient Greek has no word for "law" as an abstract concept.[61] Yet Ancient Greek law contained major constitutional innovations in the development of democracy.[62]
Roman law was heavily influenced by Greek teachings.[63] It forms the bridge to the modern legal world, over the centuries between the rise and decline of the Roman Empire.[64] Roman law underwent major codification in the Corpus Juris Civilis of Emperor Justinian. It was lost through the Dark Ages, but rediscovered around the 11th century. Mediæval legal scholars began researching the Roman codes and using their concepts. In mediæval England, the King's powerful judges began to develop a body of precedent, which became the common law. But also, a Europe-wide Lex Mercatoria was formed, so that merchants could trade using familiar standards, rather than the many splintered types of local law. The Lex Mercatoria, a precursor to modern commercial law, emphasised the freedom of contract and alienability of property.[65] As nationalism grew in the 18th and 19th centuries, Lex Mercatoria was incorporated into countries' local law under new civil codes. The French Napoleonic Code and the German became the most influential. As opposed to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and for judges to apply. However, today there are signs that civil and common law are converging. European Union law is codified in treaties, but develops through the precedent laid down by the European Court of Justice.

The Constitution of India is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words.
Ancient India and China represent distinct traditions of law, and had historically independent schools of legal theory and practice. The Arthashastra, dating from 400 BC, and the Manusmriti, from 100 AD, were influential treatises in India, texts that were considered authoritative legal guidance.[66] Manu's central philosophy was tolerance and pluralism, and was cited across Southeast Asia.[67] But this Hindu tradition, along with Islamic law, was supplanted by the common law when India became part of the British Empire.[68] Malaysia, Brunei, Singapore and Hong Kong also adopted the common law. The eastern Asia legal tradition reflects a unique blend of secular and religious influences.[69] Japan was the first country to begin modernising its legal system along western lines, by importing bits of the French, but mostly the German Civil Code.[70] This partly reflected Germany's status as a rising power in the late 19th century. Similarly, traditional Chinese law gave way to westernisation towards the final years of the Ch'ing dynasty in the form of six private law codes based mainly on the Japanese model of German law.[71] Today Taiwanese law retains the closest affinity to the codifications from that period, because of the split between Chiang Kai-shek's nationalists, who fled there, and Mao Zedong's communists who won control of the mainland in 1949. The current legal infrastructure in the People's Republic of China was heavily influenced by Soviet Socialist law, which essentially inflates administrative law at the expense of private law rights.[72] Today, however, because of rapid industrialisation China has been reforming, at least in terms of economic (if not social and political) rights. A new contract code in 1999 represented a turn away from administrative domination.[73] Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organisation.[74]

Florida Medical Malpractice Lawyers Advice For A Good Case by Markus Skupeika

2007-04-11T03:48:00.001-07:00

WHAT IS MALPRACTICE?
Malpractice means negligence by a medical professional. Medical errors have been reported as a leading cause of death in the United States. Medical mistakes take place not only in hospitals but in day surgery and outpatient clinics, nursing homes, retail pharmacies, and home care. It is found that medication errors alone contribute to more than 7,000 deaths annually.
A doctor or hospital can be sued for, missing a diagnosis, failing to order tests, delaying treatment or other irrational conduct which may cause injury to a patient. Doctors rarely admit that they have done wrong -- and can almost always find a colleague or a fellow physician to defend their professional judgment. Law firms which accept malpractice cases must invest considerable time and money to help the victim prove that the care (or lack of it) caused the patient's injury or disability.
AFlorida malpractice lawyer says that medical malpractice can be caused through a health care provider's negligent action or failure to take action. Negligence is considered to be a stoppage by a provider to follow accepted professional standards of care (or what a "sensible" provider would do) that cause harm to a patient. A health care provider can't escape medical malpractice liability even if the patient has signed a consent form.
Common examples of medical malpractice which are given by the Florida malpractice lawyersare:
Diagnosing an incorrect condition and pursuing the wrong treatment Failure to possess or use necessary skills Failure to order necessary tests or evaluate their results Failure to perform medical procedures in a competent manner Misuse of prescription drugs Potential medical malpractice cases are complex and difficult to investigate, and require the skills and experience of medical and legal experts. More than 30 percent of the country's nursing homes have been found guilty for violations that put inhabitants in harm's way. Negligence and ill-treatment in nursing and residential care facilities in Florida has unfortunately become widespread. Nursing homes throughout Florida are cited with violations of state and federal law on a daily basis. Your loved ones can become the victims of this widespread neglect and abuse.
The most common types of neglect and ill-treatment are dehydration, malnutrition, pressure sores, infections, falls, burns etc. These injuries are often caused by lack of supervision and lack of staff.
About the Author
Discover What we mean by No Reimbursement until your case is won. Florida Malpractice Lawyers offer No Risk Consultations. Find Free Online Advice at Florida Accident Lawyers Network.

Best Divorce Lawyer has to be quite efficient in his work by damyel

2007-04-11T03:46:00.000-07:00

Lawyer is meant to handle all the trivial cases with efficiency and effectiveness. There are a lot many cases and suits that are being filed in the court of law, on everyday basis. From divorce case to other family cases, from civil to criminal cases and from dispute cases to problem solving matters, lawyer has to specialize in all matters. Every other lawyer handles the case with utmost care, so that results may turn out to be in their client's favor. Whether it is the matter of divorce or any other family law case, lawyer has the knack of putting all points in the right manner before the judge. In the case of divorce, people always prefer best divorce lawyer for handling their cases.
Divorce is the matter of careful handling because the reputation of both the parties is at stake, along with their life after that. The best divorce lawyer will see to it that the case should not end up as something really messed up situation. Everything has to be carried out in a proper manner, so that newer controversies and issues may not crop up between the matters. Whenever husband and wife get entangled in a divorce case, they would make allegations on each other for doing misconduct to them. The best divorce lawyer takes care that these allegations should not turn out to be one of the worst experiences in life. The lawyer would represent their points of view in the court.
Along with handling problems such as divorce cases, they also have to see that how their client can get compensation from their partner, how the child's custody can be taken if the child is infant, is it any possibility of out of court settlement, proper division of property and other assets, and many other matters. After all, best divorce lawyer will be handling all the intricacies and issues with effectiveness. Well, it is the matter of the life of their clients after the case ends. Many of the divorce lawyers would be suggesting out of court settlement for their clients, in order to drag them into legal problems and verbal fights in the court.
When it comes to recovering compensation from the other partner or the matter of child's custody, the best divorce lawyer would be keeping those points in front of the judge that are much stronger than the opponent. Obviously, the work of the best divorce lawyer is to represent their client's point of view in the court. All a person can do is discuss all the aspects of the case with best divorce lawyer, so that some of the major points of consideration can be chalked out for better results. After all, best divorce lawyer would be working for the benefit of their clients only.
The main task of the best divorce lawyer would be to take out certain points from the case that can prove to be useful in winning the case. It is quite natural that every other client would be willing to drive the decision to their favor. Now, it becomes the priority of the best divorce lawyer to study and plan the case in such manner that their client is benefited most out of the final results. If you happen to get the services of best divorce lawyer within the decided budget, then you surely are a luck person.
About the Author
Damyel Flower is an expert divorce lawyer. He has the ability to handle most complicated issues of divorce. He works for Malcolm S. Taub LLP and gives advice to clients who are looking for Art lawyer, divorce lawyer, pre-nup lawyer. For legal advice and to hire services of a lawyer in New York visit www.mtllp.com

Do You Have A Personal Injury Case? by Markus Skupeika

2007-04-11T03:45:00.000-07:00

Florida Personal Injury Lawyers are asked the same question. Does y case sound like a good case for a personal injury lawyer? As most would say yes... let us evaluate so you can find out through your own decisions.
WHAT IS A PERSONAL INJURY?
Any harm caused to a person, such as a broken bone, a cut or a bruise is described as a personal injury. Any type of bodily harm or injury as a result of an attack, negligence or accident can come under the category of a personal injury .A lawsuit to recover damages from whoever is responsible can be filled by you . Personal Injuries can also be any injury resulting from, slander, libel or malicious prosecution, even false arrest; any bodily injury, sickness, disease or death sustained by any person and caused by an incident for which the state or anyone else may be held legally responsible. An accident takes place every five seconds in the United States. In most situations, accidents can be the result of carelessness or negligence due to the person who caused the accident.
In order to obtain compensation for your pain and suffering, your Florida personal injury lawyer must prove that you have been injured as the result of the negligence of another party. Moreover, your attorney must be able to show that as a result of the accident, you have suffered or incurred lost wages, medical bills, substantial pain and suffering. Common causes of personal injury include:
Automobile Accidents Bus Accidents Animal Bites Wrongful Death Slip and Fall Injury Workplace Injuries Catastrophic Injuries Aviation Accidents Trucking Accidents Motorcycle Accidents Boat Accidents Head & Brain Injury Medical Malpractice Defective Products
It is always wise to appoint a personal injury lawyer who is a specialist in these cases. These experienced personal injury lawyers with years of experience and dexterity help the client, providing full legal support in claiming compensations and other legal disputes.
Florida is a state which is gifted with some of the best Florida personal injury lawyer and attorneys. The reputed personal injury lawyers handle most cases on a contingency fee agreement. This means that while claiming injury compensations and providing other legal services, these lawyers never charge anything unless they win your case.
About the Author
Discover is you need a Florida Personal Injury Lawyer? Need advice from lawyers with out needing to go through the free consultation. View our Florida Accident Lawyers network..

Divorce lawyer NYC can efficiently handle divorce cases by damyel

2007-04-11T03:43:00.002-07:00

Divorce is one experience which can turn out to be traumatic and emotional for a person. Well this is one experience that no one wishes to undergo, but circumstances force people to undergo this. Due to the fragility of the situation, it is very important that a person seeks the services of a divorce lawyer NYC who has vast experience in handling such cases. Well if you happen to reside in NYC, you have to make sure that you hire services from a divorce lawyer that is based there. You would not like to travel every now and then to consult any important impending matter with your lawyer. This can turn out to be an expensive affair for people who are seeking divorce from their spouses. One of the best ways to deal with this is to make the whole process speedy.
Each state in the United States has different laws regarding divorce, so clients will have to make sure that the divorce lawyer that they hire to do their work has the correct knowledge about the laws prevailing in that state. Often, divorce lawyers may also have to deal with the issue of child custody. If there is a child custody angle involved in the divorce, things can really get complicated and full of tensions for the attorney and the client as well. There are several divorce lawyers who practice in NYC and one will not find it difficult to hire the services of a good lawyer in the city.
It will be a good idea for people who are seeking divorce from their spouses to hire a divorce lawyer who has over 20 years of experience in handling such cases. People can be assured that they will get the best services, because he knows all the nuances related to a divorce case. There are many small legal matters that must be handled carefully. Different things like property distribution, custody of a child and such other things must be handled efficiently. It will be helpful for person to hire lawyers who come with client reference. In this way, at least you can come to know that the lawyer is capable of doing good work. The web is one source through which you can find out about divorce lawyers in NYC.
Immediately after hiring the services of a divorce lawyer, the person must sit with the lawyer and discuss at length about the various aspects related to the case. Well he will be representing that person in court of law and so he must be aware of all the things related to this. One must not make the mistake of hiding any facts from the lawyer, or this factor may work out in factor of the opposing party. Divorce is a sensitive issue and all the matters associated with it are also sensitive. The lawyer will first try to make an out of the court settlement and if things work out well, the victim can get over with the entire thing in a short time.
About the Author
Damyel Flower is an expert divorce lawyer. He has the ability to handle most complicated issues of divorce. He works for Malcolm S. Taub LLP and gives advice to clients who are looking for Art lawyer, divorce lawyer, pre-nup lawyer. For legal advice and to hire services of a lawyer in New York visit www.mtllp.com

Legal Forms Are Not All Created Equal by By Denise Annunciata

2007-04-11T03:43:00.001-07:00

Most legal projects do not start with a blank slate. Though they typically include deal specifics, they almost always involve "core" or "boilerplate" information used by others as a starting point. From both an economic and substantive perspective, it generally doesn't make sense to draft an asset purchase agreement (or any other widely used form with many standard provisions) starting from a blank page. Nevertheless, unless you or your firm or company has compiled an expansive library of optimal starting forms for all your transactions and other legal projects, you'll need to obtain a good form. All legal forms are not created equal. That's an easy conclusion to reach when searching for legal forms on the internet. So where does one look and how does one select the right form? Here are six points to consider when determining the value of an online legal form.
No. 1: Know Whose Side Are You On Legal forms are typically drafted with a perspective towards one party or the other, usually determined by which party crafted the first draft. When you are representing an executive employee for instance, you want to be sure the intial drafting document you're starting with doesn't contain heavier protections that benefit the company. Make sure that the legal form you're assessing is drafted from the perspective of your client or at a minimum, from a neutral position. Remember, the more time spent revising or modifying a document, the less efficient you will be in completing the task.
No. 2: Navigating Negotiated Terms Many online legal forms are simply examples of negotiated documents which, though helpful, are not typically an ideal starting point. You want to be able to negotiate all of the terms and not assume that because one party negotiated to a certain result, that result makes sense for you and your client.
Negotiated terms to look for in a form you are considering will be those that (1) identify the parties, (2) set forth the general subject matter and recitals, (3) specify the rights, obligations and responsibilities of each party, (4) define the consideration (compensation or price for services/products), and (5) set forth time for performance. Sometimes, however, a negotiated form may be the most applicable to your needs. So scour the form for negotiated terms and revise them accordingly. Drafting the best agreement for your client means everything is negotiable.
No. 3: Know What Constitutes a Good Agreement A good, thorough agreement generally contains the following basic provisions (to the extent relevant to a particular purpose): (a) Identification of the parties that will be bound by the terms of the agreement (b) Recitals to clarify the parties' understanding of the agreements made; (c) Rights, obligations and responsibilities of each party; (d) Term, including the length of the initial term and whether the agreement may renew or extend beyond the initial term; (e) Consideration that the parties can expect to receive for entering the agreement; (f) Payment terms, including the total compensation, manner of payment, payment schedule, and late payment penalties; (g) Representations and warranties of the parties (h) Conditions to a party's obligations under the agreement; (i) Termination, upon what terms the contract may be terminated and the manner of termination; (j) Default/breach including conditions thereof and the rights to cure and remedies; (k) Dispute resolution, whether mediation, arbitration or litigation and the parties' respective obligations to pay for disputes; (l) Indemnification and limitations on liability; and (m) Issues of general applicability: which will differ depending upon the subject matter of the agreement. For instance, a distribution agreement may include a provision addressing export control laws, where a partnership agreement will not.
Some examples of general provisions may be: ♦ Compliance with Applicable Laws ♦ No Third Party Beneficiaries ♦ Notices ♦ Waiver and Cumulative Remedies ♦ Severability ♦ Assignment ♦ Governing Law; Venue ♦ Entire Agreement ♦ Counterpart Signatures ♦ Construction ♦ Time is of the essence ♦ Representation or Authority of Signatories ♦ Specific Performance ♦ Force Majeure ♦ Ambiguities
No. 4: Detect Defined Terms Make sure that the form does not contain defined terms that do not apply. This will typically be the case if you're starting with a previously negotiated document. Terms should not be capitalized unless they have been defined somewhere in the agreement and the definitions should be germane to your specific deal.
No. 5: Attachments, Schedules and Exhibits Your initial drafting agreement should not reference or contain schedules, exhibits or other attachments that are not applicable to your transaction and just as importantly, should contain those that are applicable. Sample forms may contain remnant references to attachments that are not applicable. Running a global search of your form for the words "attached hereto", "schedule" or "exhibit" is helpful in detecting these issues.
No. 6: Comparisons Once you've found the form you're looking for, it is useful to locate similar forms for comparison. This can give you a better sense of the strength and weaknesses of the form you've chosen to work with. The best course of action in any event is to start with the best form you can find, and refer to other forms which may not be as good overall but may have more appropriate or better language with respect to certain issues.
* Simple agreements (i.e. confidentiality) to more complex agreements (i.e. buy-sell agreements, marketing agreements, etc.) * Stockholder/director notices, waiver of notice * Draft consents and minutes including a searchable collection of hundreds of director and stockholder resolutions to expedite drafting consents and minutes. * Employment agreements and letters * Transactional closing documents (i.e. closing agendas, closing certificates) * Minute book documents (forms of minute book index and summary sheets) * Stock certificates and records (i.e. GOES forms to print stock certificates, stock ledgers)
Conclusion All good lawyers realize the value of a well-drafted agreement. No matter how good a legal form may appear, it is always just a starting point and must be revised to reflect the relevant transaction.
And the most important thing to remember: Don't be married to the form. Unless there are specific provisions required by law, statute, etc. to be included in a document, nothing is etched in stone and everything is negotiable. It is a lawyer's job to make it the best document for his or her client's needs.
About the Author
Denise Annunciata, a paralegal for 21 years, is the founder of LeapLaw (http://www.leaplaw.com), a provider of professionally written legal forms, contracts, and legal documents. She also is the cofounder of Virtual Paralegal Services, &#

Online Legal Forms Can Save You Time and Money by Chris Robertson

2007-04-11T03:40:00.000-07:00

While there are certainly times when circumstances are such that you need to hire an attorney, many legal matters are routine. It's enormously frustrating to feel as though you have go to the expense and hassle of hiring a lawyer for a simple legal issue. Although attorneys would have you believe that every legal maneuver requires their assistance, the reality is that you often don't need a lawyer - you just need the proper legal forms. If you were to attempt to draft your own legal forms, you'd immediately run into a roadblock. If you haven't been to law school, you'll have no way of knowing what constitutes acceptable or unacceptable legal language. And goodness knows, "legalese" is a language unto itself! Luckily, the Internet offers abundant opportunities for bypassing the expense of hiring an attorney by providing you with resources you need to do it yourself. After all, if you can download legal forms for routine matters, you can save both time and money, while ensuring that you have covered your bases in the eyes of the law. US legal forms are fairly standardized, so there's no reason not to take advantage of online legal forms. The truth is, attorneys use template legal forms themselves. When you download legal forms, you're essentially just cutting out the middleman. So, what kinds of legal forms might help you out? You can easily use a legal form to set up a power of attorney, for example, and not have to hire a lawyer. Likewise, you can use online legal forms to deal with a variety of personal matters, such as creating your Last Will and Testament, creating a Living Will, utilizing the Uniform Gifts to Minors Act, selling your motor vehicle, entering into a construction contract, or signing an affidavit. Online legal forms are also helpful for matters involving real estate and property. You can obtain a lease, a rental application form, a rent receipt, a promissory note, a mortgage assumption agreement, a contract for the sale and purchase of property, an agreement for permission to sublet, and many more. Likewise, if you are a business owner, you can save a tremendous amount of money in legal fees by utilizing business legal forms. Online forms include templates for automobile rental agreements, articles of incorporation, bylaws, assignment of stock certificates, shareholders agreements, buy-sell agreements, and subscription agreements. You can even find employment agreements and business consultant agreements. While online legal forms can't take care of every single legal matter, they can certainly handle those that are routine. In addition to being inexpensive, online legal forms give you the flexibility you need to instantly obtain the legal form you require.
About the Author
Chris Robertson is an author of Majon International, one of the worlds MOST popular internet marketing companies. For tips/information, click here: Legal formsVisit Majon's Law and Politics directory.

Getting the Edge Regarding Disability Claims by rainier policarpio

2007-04-07T20:02:00.000-07:00

Acquiring disability claims may require a lot of patience and time if you choose to manage it by yourself. You may use the telephone line or the internet to file your application to the Social Security office. You may also come personally to one of their office nearest to you. These methods may take time and have the least chance of being given court approval especially if you do not have at least a bit of knowledge regarding the Social Security Law.
To get the edge and the assurance of having good results on your disability claims, better hire an expert Social Security Law Attorney. He should not be just an ordinary lawyer. This attorney should be trustworthy and notable in this field to ensure the success of your case. Furthermore, belonging to a decent and credible law firm is an advantage for him. According to the records, most of the Disability Claims that was approved by the court were the ones handled by a lawyer. This is true because these attorneys are well equipped with the knowledge of the law and the systematic approach in dealing with the case. To add, they have the abilities to make other method if somehow problems occur in the process. This process includes verifying whether you are eligible for the claim and what benefits you should be getting. They will also help you gather the needed documents and papers such as medical reports and hospital billing records. Afterwards, they will file it to an Administrative Law Court where they will also represent you at the scheduled hearing of your claim for presenting evidence on your behalf and question the witnesses who will testify. The guarantee of getting the largest possible financial gain will be at your hand. And, if your petition will subsequently be denied by the court, they will find other legal process or appeal to higher courts which are provided for by the Social Security Law.
So, if you have already decided to fight your cause and have your Social Security Disability claim, you better hurry. Inquire at your chosen law firm for a Social Security Lawyer. You may find out how to contact them using your phone directories or you may also browse through the internet and have the legal service that is appropriate to you.
For more information visit Los Angeles Social Security Attorney
About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

How to Have Good Results on Your Disability Claims by rainier policarpio

2007-04-07T20:01:00.000-07:00

People who incurred disability are fitted to have a petition for Disability Benefits under the Social Security Law. But the mere lack of knowledge about such law can be a hindrance of getting favorable results on claiming your benefits. In addition, failing to be granted your petition may even increase the suffering that you are into.
If you ever desire to have a good outcome on your Disability Claim Case, you should consider of hiring an eligible Social Security Disability lawyer. He should belong to a reputable law office but if not, he must at least have a decent history of winning his battles in court. His expertise in this field will make the progress of your case even more convenient and quick. He will perform the necessary tasks which you cannot anymore execute because of your impairment. These tasks include confirming what benefits you should avail and accomplishing the needed paper works. Likewise, he will gather all your medical records and make a request to your physician for a certification that will further attest your qualifications. After performing all these works, he will then file your case before an Administrative Law Court for it to be scheduled for a hearing in which he will also represent you accordingly. With this regards, the assurance of acquiring the largest possible financial benefits will be given to you.
Last, take action about your Disability Claim with urgency. Most cases were rejected by the court the allotted period of filing the case has already elapsed. If this happens, your Social Security Disability lawyer may experience difficulties appealing to a higher court thus, lessen your chances of obtaining your Disability Benefits. In the end, you may find out that the success of your case also depends on you. So if I were you, I will not just sit back while being burdened by this affliction. I will definitely take the first step and seek help of a credible Disability Lawyer whom I can put my trust.
For more information visit Los Angeles Social Security Attorney
About the Author
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

Online Prenuptial Agreement Services by James Walsh

2007-04-07T20:00:00.000-07:00

Love is blind. Yes, when someone is in love they are blind to thinking about the consequences of their marriage if it breaks down in the future. An urge to get married soon and a hope that they will be united for a long time and also a trust in each other will not allow them to think of the prenuptial agreement. Moreover, when they are busy with their premarital arrangements this agreement will be relegated to the back seat since it involves some procedures. Just to facilitate people with quick, easy and quality agreements many online Prenuptial Agreement services are executing their duties with splendid sincerity.
One can get the agreements comfortably by sitting with his/her prospective spouse without going here and there. They can also feel that an experienced solicitor is taking care of the agreement and, if any problems occur in the future, they are there to give explanation and solve it off.
Pre-nuptial Agreement is nothing but an agreement prior to marriage on the issues related to property and financial settlement if they apply for divorce in the future. By utilising online services one can get the legally acknowledged agreement within three working days. Most of the online services assure guaranteed response within 24 hours. It also provides immediate advice over phone on any related subject. They will also update us over mail if there is any notification of law changes or requirements. One can get free advice before and after the purchase of the agreement. Invariably most of the online services provide free Guide to Prenuptial Agreements and Discounted Will free of cost. Moreover, they also refund money if the services provided are not satisfactory to the client. Many people may not feel comfortable to buy the agreement through net without knowing which solicitor is drafting or any other working mode. To cater to them alone and to give them confidence, the online services are offering cent percent refund in case of default.
We do not need to search for the services of the solicitors and also fill in the legal forms with complicated rhetoric. All one should do is to provide their personal details and a few minutes of their time. We can bid farewell to the solicitor's jargon if we choose to download the completed agreement from our mail.
To get an automatically produced Prenuptial Agreement we need to fill in a simple online questionnaire; we will also be given an explanation of how to answer the questions in the questionnaire. We can save it and complete the filling whenever we find time. It is not necessary to finish it off at one go. As we complete it, the document will be ready in the website of the service provider or we can get it through mail as per our preference.
If an attorney prepares a Prenuptial Agreement he might charge up to £1,000. The cost is also based on the volume of the property and the negotiation required in order to bring consensus between the parties. They may charge additional fees if there is a time pressure. Sometimes lawyers may charge hourly rates. That is why the online prenuptial agreements are steadily on rise. People find it the best option to go in for the prenuptial agreements.
Online service providers ensure that the details about the property which have been disclosed to them will not be disclosed to a third party. They ensure high level of confidentiality. It is not necessary that we have to be well-off for a prenuptial agreement to be worthwhile. In situations where we are wealthier than our spouse or where there is expected inheritance of property or an increase in the income, or possession of business assets and, more specifically, in the cases of second marriage, it is advisable to enter into a prenuptial deed. There is a likelihood that in the absence of a prenuptial agreement, assets could be granted to people whom we do not wish or expect them to pass on. Prenuptial agreement effectively prevents third party intervention in the distribution of assets after divorce.
Thus people nowadays have started realising the need for prenuptial agreements to settle down the divorce process amicably. Though it does not stand as a clinching document in the court of law, sometimes judges may take it into account at the time of divorce proceedings. So getting a prenuptial agreement becomes highly necessary and obtaining it through online makes the process easy and comfortable.
About the Author
James Walsh is a freelance writer and copy editor. For more information on getting a pre-nuptial agreement online see http://www.pre-nuptial-agreement.co.uk

Compelling Evidence by Kurt Mortensen

2007-04-07T19:59:00.001-07:00

As you prepare your message, understand that we humans aren't capable of absorbing all of the information you can gather. We are hit with data all day long and most of the time we don't absorb it. In fact, we are very selective in what we allow ourselves to retain. When we hit information overload, we turn our minds off and retain nothing.
A study on comprehension of television messages produced very revealing results. After watching commercials and other forms of messages, an amazing 97 percent of viewers misunderstood some part of every message they saw. On average, viewers misunderstood about 30 percent of the overall content they viewed Information is just poured out too fast. The evidence that you choose must be selective, precise, and powerful. You can't afford to bombard your audience with too much information.
When creating the logical side of your message, you have to understand the concept of the number seven. This is also known as channel capacity, which is the amount of room in our brains capable of storing various kinds of information. George Miller wrote, "There seems to be some limitation built into us either by learning or by the design of our nervous systems, a limit that keeps our channel capacities in this general range." There is only so much room in your prospect's brain to absorb logical numbers and information. This is why phone numbers only have seven digits.
Spend the time necessary to fully research the types of evidence you want to use to strengthen your arguments. You already know that using the right evidence from the right sources greatly increases the credibility of your message. However, the opposite is also true; poor or irrelevant evidence undermines the credibility of your message. When compiling evidence, consider the following:
1.Use evidence supported by an independent expert rather than facts presented alone.
2.Statistical evidence will be more persuasive when paired with individual case studies.
3.Document the sources of all testimonials.
4.New information is often more convincing than old
5.Evidence consistent with your audience's beliefs will be more persuasive because they'll evaluate everything from their own perspectives and attitudes.
6.Build credibility by also acknowledging and even including the other side of the argument. A two-way discussion will bear far more weight than a one-sided lecture
About the Author
Kurt Mortensen's trademark is Magnetic Persuasion; you should attract customers, like a magnet. Claim your success and learn what the ultra-prosperous know by going to www.PreWealth.com and get my free report "10 Mistakes that Cost You Thousands."

Highest rated personal injury lawyer carries out legal formalities by Hadiya Robins

2007-04-07T19:57:00.000-07:00

An injury can happen to any one at any given point of time. And if it is personal injury, then you become definitely eligible for compensation. Basically, what happens in a personal injury case is that you happen to get monetary assistance from the defaulter, who has done any kind of misconduct with you. The entire process of recovering any kind of compensation from the other party includes certain kind of legalities. In order to get you out from the legal entangles, a highest rated personal injury would be really prove to be beneficial for you. It is because that person would be having enough experience to handle the complexities that may crop up in your case.
What a highest rated personal lawyer would be firstly doing for you is filing the suit on your behalf in the court. In order to file a case on your behalf, all you have to do is discuss the entire case with him or her. Another thing a highest rated personal injury lawyer would be doing is taking out those points that will tend to get the decision in your favor. After all, every lawyer works for the betterment of their client and would try their level best to recover the compensation from the defaulter. There are many cases that are being handled by a variety of lawyers and it is always better to contact a special lawyer in this case, rather than hiring the services of general lawyer.
Mainly, the lawyers in United States are being officially called as certified personal lawyer. As far as the practice of personal injury lawyer is concerned, they have to be registered with the certification authority of that particular region. After all, you are hiring the services of highest rated personal injury lawyer and they have to be experienced enough to handle toughest situations in your case. It is obvious that the lawyer of the other side would not be a locally educated one. He may turn out to be a tough competitor too. So, you have to really select a highest rated personal injury lawyer for your case.
Personal injury can be of any kind. It may occur due to any kind of accident, mishap, some medical malpractice or even due to thievery in your property. While hiring the highest rated personal injury lawyer, you need to take care that they are properly skilled for handling your case. While hiring the services of such lawyers, you should take care that they need to be well versed with the latest and previous laws that are related to your case and will be able to chalk out solutions to all your problems. Such a wide knowledge of laws will help the lawyer to take out certain points that will ease your legal process of recovering compensation.
There are a variety of Highest Rated Personal Injury Lawyer that offer tell so much about their qualities in their official websites. Many of them also make their services available at reasonable rates, so that you can bring your case to them. Before deciding on the highest rated personal injury lawyer, it is advisable that you should meet them personally or try to get first hand-on experience by conversing with some of their clients. After all, it is the matter of your compensation and you deserve to get it.
About the Author
Hadiya Robins is a legal expert.She works for Pulversthompson and gives advice to clients who are looking for New york lawyer,Highest rated personal injury lawyer,Attorney Immigration New York.For legal advice and to get services of a Lawyer in New York visit www.pulversthompson.com

What To Expect...And...How To Beat Your Spouse In Child Custody Mediation! by Antonio Fricano

2007-04-07T19:56:00.000-07:00

Copyright (c) 2007 Antonio Fricano
First of all; if you are actually reading this to learn how to "beat your spouse" in child custody mediation, then you don't know what to expect. In California, whenever there is a child custody dispute before the Court, the parties must first attend a mediation session in an attempt to informally resolve their dispute and develop a parenting plan. Mediation is an informal process by which both parties meet with a mediator that tries to help the parties reach an agreement concerning their custody dispute.
Good Reasons to Mediate
1. Mediation is required when there is any custody dispute There is commonly a custody or visitation dispute in cases of divorce involving children.
2. Mediation can help you make a parenting plan that's in the best interest of your children.
3. Mediation can help you make a parenting plan that lets your children spend time with both parents.
4. Mediation can help you learn ways to deal with anger or resentment.
5. Mediation can save you attorney's fees
Our office and the California judicial system encourage a cooperative approach in settling marital disputes Both parties can save the cost of an attorney court appearance by agreeing to a reasonable custody and visitation schedule
Bad Reasons to Mediate
1. To explain to the mediator that your wife/husband is a jerk
The focus of a mediation is what is best for the child and that should be your focus during the mediation This might signal to the mediator that the true motivation of this dispute is to punish/retaliate against your spouse
2. To seek marital counseling
Again, the focus of a mediation is to do what is best for the child Who Are the Mediators
A mediator:
Has a master's degree in counseling, social work, or a related field;
Also has at least 2 years of experience working in mental health;
Knows how the family court system works; and
May also have information about community services that might be helpful to you. What Mediators do
A mediator meets with both parents and helps them try to agree on a plan that is best for their child. The mediator's job is to:
Listen to both of you.
Be neutral.
Help you look at different options.
Help you decide when the child will be with each parent.
Help you decide how future decisions about your child will be made.
Help you consider how best to protect your child's safety and welfare.
Support you.
Make recommendations to the judge. In some counties, if you and the other parent can't agree on a parenting plan through mediation, the mediator is asked to give the court a written recommendation. It will contain the mediator's opinion about what parenting arrangement will be in your child's best interest.
The Parenting Plan
The ultimate goal of mediation is to come up with a parenting plan that is agreed to by both parents and in the best interests of the child. Your parenting plan (also called a "custody and visitation agreement") is a legal document. It is also very personalized. You need to make a plan that is in the best interest of your child. Some suggestions:
Consider your child's age, personality, experiences, and ability. Every child is different. Adjust your plan to your child, NOT your child to your plan.
Give your child regular, consistent times with each of you for day-to-day care, overnights, activities, schoolwork, vacations, and holidays. Use a calendar to help you.
Give your plan enough detail so it's easy to understand and enforce. Give your child a sense of security and a reliable routine. Guidelines
Every mediator may have a different approach to the conference. However, you will be best served by following a few guidelines. Be polite, just like you would be at work.
Stay on the subject. Focus on doing what is best for your child.
Control your emotions, just like you would do at work.
Be clear and specific when you talk to the other parent. Write things down and keep businesslike records of important agreements.
Keep your promises. Your children need to be able to trust and rely on you. This is very important right now.
Watch the words you use when you talk about divorce.
Perspective
It would be foolish to think that all conflicts can be settled through mediation. Mediation requires agreement between both sides. And in situations where one or both parties have unrealistic expectations, that agreement may well be impossible. In these instances, parties should bring their case before the court, and that is why the option of going to trial is available.
However, don't let mediation fail because you are the side with unreasonable expectations. By this point you should have already consulted with an attorney that has objectively explained how the law applies to your particular case. If the mediator proposes an arrangement that is in line with your attorney's expectations, you should strongly consider it. By doing so you can save the time and expense of bringing the issue before the court. Additionally, these mediators are knowledgeable in family law and will probably offer something that is close to what the court would decide anyway.
About the Author
Antonio J. Friacno c/o Law Offices of Donald P. Schweitzer 201 South Lake Avenue Suite 700 Pasadena, California, 91101 626-683-8113 http://www.PasadenaLawOffice.com

What is a Statute of Limitations? by Greg Artim

2007-04-07T19:55:00.000-07:00

A Statute of Limitations is a law that sets forth the maximum period for which one can wait before filing a lawsuit regarding a particular claim. In other words, these statutes define the time period in which you must sue another person who has wronged you. If you fail to file a lawsuit against that person within the proper time, you will be forever barred from doing so. The main reason behind these types of laws are primarily so that the "truth" comes out. For example, let's assume that you are injured in an automobile accident in Pennsylvania. Pennsylvania has a two-year Statute of Limitations for claims of injury. This means that you must file your injury lawsuit within two years of the date of the injury (which is likely the date of the accident). The statute ensures that any claims will be filed in a timely manner, so that the true facts of the case can be found. Common sense will tell you that the facts are more likely to be accurate if they are reviewed sooner after the accident than later. Memory of things tends to fade as time goes on. Imagine if you waited 20 years to file an injury claim as a result of an accident. What is the chance that your memory of the facts of the incident are accurate? Compare that with your memory of the facts one year after the accident, or one month after the accident. The main reason for limitations of time to file lawsuits is an attempt to preserve the accuracy of the information regarding the claim.
Different Statutes of Limitation apply to different types of legal issues. As I am a Pennsylvania Attorney, I will address the other types of time limitation statutes in PA. In Pennsylvania, as mentioned, personal injury claims have a two year Statute of Limitations. There is an exception to this rule, if the defendant is the Commonwealth or a governmental subdivision. In that instance, the time limitation is only six (6) months. Any claims involving libel, slander, defamation or invasion of privacy have a one (1) year Statute of Limitation. Any claims involving Contracts, such as a sales agreement or a warranty, have a four year Statute of Limitations. A five (5) year Statute of Limitation applies to any claims involving an action for revival of a judgment lien on real property, or an action for specific performance of the sale of real property or for damages for noncompliance therewith. A twenty (20) year Statute of Limitation applies to any type of contract that is under seal.
About the Author
Greg Artim is an attorney based in Pittsburgh, PA. Please be sure to visit his website at www.gregartim.com for answers to your other legal questions.

The wedding is off, who gets the ring? by Greg Artim

2007-04-07T19:54:00.000-07:00

You can imagine the scenario. Two young adults, happily in love. Thoughts of marriage and children and a house in the suburbs with a white picket fence. The husband-to-be spends weeks trying to find just the right engagement ring for his future wife. $10,000 later, he has it. The proposal is accepted and the two young lovers begin to plan their fabulous day.
Next, the engagement hits a snag. Perhaps a last fling or a realization that they just aren't ready for this type of commitment. What happens to that $10,000 ring? Its an age old question. I can answer it, but this answer only applies to parties residing in Pennsylvania.
The landmark case concerning this issue is Lindh v. Surman. Lindh was a middle aged man who proposed marriage to Surman. He presented her with an engagement ring that he purchased for $17,400. Surman accepted the proposal and the ring. The couple had problems and decided to break the engagement. At that point, Lindh asked for the return of the ring, and Surman refused. A lawsuit commenced to decide the issue.
Pennsylvania law treats the giving of an engagement ring as a conditional gift. What that means is that the gift is conditioned upon the performance of some act. Surman argued that she fulfilled the condition to receive the gift, i.e., that she accepted Lindh's proposal. However, the Court stated that there is an implied condition that the marriage must occur in order for the gift giving to be complete. In essence, the court ruled that the conditional act is the actual marriage itself, which did not occur. The court ordered the return of the ring to Lindh.
About the Author
Greg Artim is an attorney based in Pittsburgh, PA. Please be sure to visit his website at www.gregartim.com for answers to your other legal questions.

Advantages of a No Win No Fee Claim by Carolyn Clayton

2007-04-07T19:53:00.002-07:00

Let's suppose something happens to you. Maybe it's a broken bone, maybe it's a bad cut, and maybe it's something worse. Now, let's suppose that that something was not your fault. Perhaps it was caused by defective machinery at the company where you work, or a mechanical defect in some product you recently bought, or was gained as the result of a crash or accident at the hands of a drunk driver.
If this has happened to you, perhaps its time to think about litigation: laziness and negligence should not go unpunished - you may be the first victim in a particular case, but unless something changes, you probably won't be the last. By litigating for compensation, you help keep companies accountable as well as receive some mitigation for the negative circumstances that have been thrust so unwillingly upon your shoulders.
What about the cost, though? Especially if you come from a working class back ground - where industrial accidents are most likely to happen - legal fees can be difficult if not impossible to pay. Fortunately, you don't have to worry about it. There exists a type of personal injury lawsuit called a no win no fee claim. This means that if you don't win your case, you don't have to pay the fee.
Think of the peace of mind this will give you. You can conduct the lawsuit with absolutely no fear of losing anything but a little time and effort. You have nothing to lose and a lot of money to gain. Because solicitors will only take you on if they think they can win your case, you're also at an advantage right from the beginning, as only those lawyers most confident in their own ability to work for you will actually choose to work for you. If they, experienced in the legal process, think you can win, there's probably a good chance you will - and if you don't, you don't lose anything.
Another advantage of no win no fee claims is that they are usually settled out of court. Most of your correspondence will take place by standard parcel post or by email and phone - only very rarely would you ever be called upon to actually appear in court. This removes much of the hassle problem most people expect when considering litigation as well, making the process as easy as it is cheap.
How much money exactly can you stand to gain from this? Is it really worth the time and effort it takes to find a good lawyer who's willing to work your case? The answer to that is very easy - just look at some of the average settlement fees, and you'll see just how substantial financial gain can be.
Start with something simple, like a forearm fracture. Very painful, very annoying, but not permanent and not at all life threatening. One would think that this relatively minor injury could garner little or no financial base in the way of litigation fees. One would be wrong. A simple forearm fracture can gain anywhere between three thousand, eight hundred pounds and over eleven thousand pounds. Not bad for no risk and a little bit of time in finding someone to represent you.
Rates are similar for other injuries as well - you can expect two to three thousand for the loss of part of your little finger, eight to eleven thousand pounds for severe injury to the big toe, and even over a thousand for something as simple as a broken nose. If you're dental work is damaged, you'll need a lot of money to repair it - get that money from the one who caused the damage, with many cases often resulting in settlements of five or six thousand pounds.
About the Author
Accident claims for the UK market contact Accident Consult for your no obligation consultation. They are experts in dealing with No Win No Fee Accident Claims.
Please feel free to republish this article providing this resource box remains intact with a working hyperlink to our site.

Randall Suggs Reflects on Financial, Emotional Costs of Criminal Recidivism by Kris Nickerson

2007-04-07T19:53:00.001-07:00

"When a convicted criminal is paroled or released from prison, the most common scenario is that he goes back to his old haunts and resumes his criminal lifestyle," says Randy Suggs, Co-Founder of the Second Chance Center (www.secondchancecenters.com), a facility in Albuquerque, N.M., that rehabilitates inmates in an effort to prevent recidivism. "Unfortunately, it's only a matter of time before he's back in the criminal justice system and part of a prison population that shares knowledge that reinforces criminal behavior," he says.
Suggs, a land developer from Scottsdale, Ariz., became philanthropically involved in the Second Chance prisoner rehabilitation program when he saw the success the program was having in Mexican prisons. "It's a unique and gratifying experience to make a charitable contribution and actually meet the people who are being helped," he says. "But, for me, it isn't only the prisoners who are being helped - it's also every person who will avoid being victimized by a crime perpetrated by former inmates."
According to Suggs, one of the greatest benefits of creating effective rehabilitation programs for prisoners is public safety. "The current system is based solely on punishment - on locking people away," he says. "The true reason for sending someone to prison should be public safety. Eventually, prisoners will be released, and without rehabilitation, the criminal justice system is a revolving door that does nothing to improve public safety. The government assumes responsibility for locking up prisoners, and they need to do something to ensure that those convicted won't get out and become repeat offenders."
The cost of incarceration in the U.S. keeps rising. Over 1.9 million Americans are incarcerated at a taxpayer expense of over $65 billion each year. Research indicates that, over the past 25 years, entry into correctional facilities has risen an astounding 377%, with a corresponding budget increase of 600%. And, the trend shows no signs of slowing. In California alone, the projected state spending on incarceration over the next 20 years is $1.3 trillion.
Suggs is quick to point out that the costs associated with incarceration are only one part of the equation. "We often don't consider the other costs of criminal activity," he says. "Insurance companies pay for property crimes like vehicle thefts and burglaries, and pass those costs onto policyholders. For victims of violent crime, there is the enormous cost of medical treatment. And there is the incalculable cost of the emotional distress that victims suffer."
When prisoners enter a successful program such as the Second Chance Program, however, they begin to take responsibility for their actions and learn vital tools to help them overcome obstacles when they are paroled or released. According to Suggs, "Second Chance Centers provide an opportunity to turn the tide on crime and, in turn, to create safer communities and a safer society." In the process, those who are rehabilitated have the communication tools they need to rebuild their lives, reconnect with their families, and make different choices when confronted with situations that would have previously led to criminal activity.
Suggs concludes, "It's gratifying to know that the work we're doing in the Second Chance Program will increase public safety. After all, when you're walking to your car at night or are in line at the grocery checkout counter, who would you rather have behind you - a former criminal who has been rehabilitated or a career criminal who is looking for his next victim?"
About the Author
Kris Nickerson is the Editor-in-Chief of Press Direct International (http://www.pressdirectinternational.org), a global information website that provides reliable information tailored to professionals in financial, media, and corporate markets. His thorough knowledge of industries ranging from health care and travel to real estate and financial investing enables him to quickly grasp the nuances of emerging markets and technologies.

Understanding The Law.... Insurance Law by Nominate A Lawyer

2007-04-07T19:51:00.000-07:00

The following Q&A's have been provided to help you better understand Insurance Law.
Q. Our home recently burnt down accidentally and now the insurance company is refusing to pay the claim due to the presence of white ants although we had another claim some years ago which was assessed and adjusted by their representative and the claim paid with the white ant damage being noted at that time with ongoing renewals continuing to be offered without condition. Can they do that?
A. No. Any insurers who deny claims for these reasons have little understanding of how their policy operates as they suffered no prejudice with the operating cause being fire not white ant damage provided it has not become worse and the fire was not set to cover this up.
Q. I recently went to my chiropractor for manipulations to my neck to assist with pain management and now six months later I am far worse off than before. What can I do?
A. It would appear that the manipulations were not successful and this may be due to a failure by the chiropractor to adopt the standard of care appropriate to treat your condition which may allow you to sue him in negligence for damages.
Q. I recently went out with some friends on a Friday night and became slightly the worse for wear. Although the events of that are rather hazy I do recall that we got into a fight in which I was injured. I was taken to hospital and had treatment for various bruises, lacerations and abrasions to my body. The next day on going back to collect my car I found it had been badly damaged during the course of the fight. I claimed against my insurance company but they have refused to pay it suggesting that I was responsible for causing the damage to it. What can I do?
A. Obviously you would be able to prove there was a fight and you suffered injuries and were taken to hospital. As a result, as there would be no difficulty in determining where the fight scene was which I assume to be adjacent to your motor vehicle then in these circumstances provided your bonafides are not in doubt then the insurer should pay your claim and if they do not then you have remedies at law. Suffice to say a comprehensive motor vehicle policy covers all types of accidental damage which occurs to a motor vehicle.
Q. I was involved in a car accident and I have lodged a third party claim with the other driver's insurance company who are refusing to pay saying that I caused the accident which is incorrect because the other driver smashed into me from the right hand side. What should I do?
A. You need to find a solicitor who is an expert in insurance property damage claims as they possess fundamentally different knowledge from personal injury lawyers who deal with workers compensation, motor accident acts claims and public liability/personal injury matters. A property damage insurance lawyer will be able to address the necessary problems you confront and should be able to get the claim paid by the other party's insurer.
Q. Recently my son was at a sporting activity where he was playing up, physically abused by his teacher and forced to leave the event to seek medical attention as a result. Do we have a claim for professional negligence against the teacher or school as I wish to teach them a lesson?
A. Although you would be entitled to make a claim against both the school and the teacher, the question is whether you would be successful in damages. The simple answer in New South Wales is no, unless your child sustained serious ongoing injury or has suffered serious psychiatric illness. Since the medical evidence indicates that he will make a full recovery, the school should be approached to take disciplinary action against his teacher.
Q. Recently I took a couple of my newly born pups to see a local vet where they contracted a virus and subsequently died. What should I do?
A. To put it simply, you should contact the vet and say that you are looking for an apology and compensation. If the animals were not particularly valuable then it would not appear to be a case in which it would justify you retaining a solicitor. Do the best you can in the circumstances.
Q. What happens if someone communicates a full transcript of what a member of parliament said in parliament through the media which has had the effect of seriously impacting my business?
A. This does not amount to defamation as it is the record of a conversation the subject of parliamentary privilege and where true there is no damage at law.
Q. Recently my son was overcome by a smoke machine at a school function which triggered a severe asthma attack, resulting in him being rushed to hospital and admitted to intensive care where he responded to treatment. Is there anything we can do in the circumstances?
A. No. Although you have the potential to pursue a personal injury claim on behalf of your son, the fact that he is in the process of making a full recovery precludes you taking action for damages at common law.
About the Author
Nominate a Lawyer is a network of carefully selected, highly qualified insurance lawyers in Sydney, Melbourne and Brisbane.

Understanding The Law....intellectual Property Law by Nominate A Lawyer

2007-04-07T19:50:00.000-07:00

The following Q&A's have been provided to help you better understand Intellectual Property Law.
Q. I am in the retail clothing business and bought some stock from a number of manufacturers. Subsequently I was approached by solicitors from a designer accusing me of infringing copyright as I was selling her designs. What should I do in the circumstances?
A. There are a number of things but the first one is to retain an intellectual property lawyer to deal with this copyright issue. There are any number of questions which come to mind with one of the most important being whether there was any holding out by you whether these particular clothes were in fact designed by the other solicitor's client. Effectively the matter needs to be negotiated so that your position is fairly put whilst at the same time ensuring that you do everything necessary to prove that there has been no breach of copyright but you have to take the appropriate steps to cure this. Do not forget, if there has been a breach this can involve you in substantial costs including paying for the other party's legal fees.
Q. I have a unique concept which I want to protect and don't know what to do in the circumstances?
A. Ideas are not the subject of patents and therefore this protection is not available to you. Where you have a concept and it involves a design it cannot be protected if it is an idea. Where you have an idea it is the expression of that idea for which you can claim copyright. In order to further protect the expression of this idea it might be good to develop a trademark and have it registered.
Q. How is the Copyright Act 1968 protect copyright owners' risks?
A. Basically the Act gives copyright owners certain exclusive rights to promote creativity and innovation with respect to their works. Normally anyone wishing to copy or reproduce copyright material will need permission from the copyright owner. There are certain exceptions which enable certain classes of persons to use copyright material without permission for restricted purposes.
Q. With digital and other emerging technologies are there traps for the normal consumer apart from copyright owners?
A. Yes. Under new legislation the new amendments will not allow you, for example, to upload a copy of a song from the internet.
Q. Is cybersqatting on the increase given that so much business is now conducted over the internet through specific domain names?
A. Yes. The registration of domain names is fairly simple but it is managing the renewals which a business may have at any one time during its life cycle which causes problems. Obviously businesses need to invest time and money in a comprehensive brand management strategy to protect themselves in this area.
Q. How does cybersquatting normally arise?
A. There are any number of well-known names or brands which are instantly recognisable to the public. Cybersqatters capitalise on this by registering in bad faith domain names which can be confused with or almost indistinguishable from these brands. As a result they take traffic away from the legitimate owners of the brands as they serve to confuse the market place. One strategy is to register a name and hopefully sell it back to the legitimate brand owner at an inflated price.
Q. What should I do to protect my brand as my business is increasing annually and it won't be long before it is instantly recognisable?
A. Every business person or owner or company involved in the sale or marketing of goods and/or services should have a brand management strategy which should be totally comprehensive to ensure some level of real protection. One of the best ways of doing this is to closely align the business or company name and/or domain name and/or copyright of a slogan and to register a trademark to ensure the exclusive use of that name. Exclusivity is the key to your identify and therefore maintaining your market share.
Q. I have been running a business for a number of years and as part of my strategy I obtained a domain name but I have been recently contacted by solicitors acting for another party who indicate that I have infringed their trademark. What should I do?
A. Just because you have been operating a business for a number of years it does not necessarily mean that you have exclusive right to use that name. Obviously their client has a registered trademark for that name which provides them with exclusive rights to use the name in their area of business activity. Just because a domain name is available it does not mean that you cannot infringe somebody else's trademark. Even where this arises inadvertently as appears to be the case here it seems that you are infringing their trademark and obviously they are prepared to take action against you which would prove extremely expensive if you do not retain a lawyer early on to assist you with this matter.
Q. What happens if a business is already operating under a particular name and has a corresponding domain name?
A. First you should consider whether or not you really need this name and if you require exclusivity you trademark it.
Q. Is it easy to register a trademark in Australia?
A. No. You do not know what you are doing and you will not know what outcome you have achieved without seeking expert guidance and assistance. This area of the law is rather complicated and the services of a competent solicitor should be engaged for accurate guidance and assistance. It is of note that the Trademark Act 1995 provides broad grounds for a change in registration so that genuine competitors are not disadvantaged by registration of a mark which they may honestly need to use in the course of their trade or business.
About the Author
Nominate a Lawyer is a network of carefully selected, highly qualified intellectual property lawyers in Sydney, Melbourne and Brisbane.

Understanding The Law.... Litigation Law by Nominate A Lawyer

2007-04-07T19:49:00.000-07:00

Q1. What is the legal profession in Australia?
A. After passing a legal course, the legal graduate maybe admitted by any Australian State or Territory Supreme Court to legal practise. This right to practise will be to work as a barrister or as a solicitor, or as a barrister and solicitor depending whether the particular jurisdiction or State / Territory has a divided or fused legal profession. At the top of the legal profession are the Judges, Tribunal Members, Magistrates and Registrars who apply the law to make a judgment or decision. Judges are appointed by the relevant government department or senior judicial officer of a State or Territory. Judges are usually appointed from the senior ranks of practising barristers but are also appointed from the ranks of senior solicitors. Solicitors are often appointed as tribunal members. All lawyers are eligible for judicial appointment including solicitors, law professors, senior public servants and politicians. The independence of the Judiciary is important. However, not all judges are appointed for life which means to their retirement age which normally in 72 years. Members of the specialist tribunals - court such as the Australian Industrial Relations Commission - are appointed for specific terms which may then be renewed or not renewed depending upon the Government of the day. Some lawyers believe this impinges on judicial impartiality. Barristers and solicitors are the working member of the legal profession. Solicitors are legal practitioners' who have offices to which the public go for legal advise on a whole range of matters. Many solicitors are the general practitioners of the law conducting a wide range of legal services and providing general legal advice. Other solicitors practice in large firms where specialisation is common. Barristers are prohibited from forming partnerships with other barristers or with solicitors. Barristers are usually specialists in court- room work, arguing cases in courts and tribunals, and advising on the more complex legal matters. In NSW and Queensland there is legal separation. A person cannot be both a barrister and a solicitor. In other Australian States and Territories, however, all lawyers are admitted to practise both as barristers and solicitors. If fact, however, some lawyers in these other states choose to practise only as barristers so that an independent bar exists in all States and Territories. This means, in effect, the situation is much the same as in NSW and Queensland where the two groups are legally separate under Act of Parliament. Some barristers and/or solicitors work in house as legal advisors, corporate counsel, compliance officers and as company secretaries.
Q2. How is Australia's legal profession changing?
A. Over the last thirty years, many areas of work previously monopolised by lawyers have been thrown open to competition. Currently non-lawyers such as accountants, merchant bankers, compliance consultants and conveyances compete with lawyers. The legal profession in Australia is rapidly moving towards one national practise of law extending over State and Territory borders with a "travelling" practising certificate, uniform regulation, uniform laws, and interstate recognition of qualifications. The proportion of women in the profession has also grown dramatically from 0.2% in 1911 to about 30% today. About half of current law students and university legal academics are female. The future challenge for the Australian legal profession is to acclimatise to globalisation in the same way as has Australian business and mining and primary production industries. The near future will see the local admission of foreign legal practitioners and further development of transnational legal practices and transnational multi-disciplinary partnerships made up of, for example, lawyers and accountants.
Q3. What is Australia's Court system?
A Legal matters and legal disputes are heard in a wide variety of courts and tribunals. Generally, the court structure in Australian States and Territories and Federally provide that the most serious and costly cases (in terms of the seriousness of offence or value of money involved) are handled at the highest level by the "superior" courts while minor offences which can be solved quickly are dealt with in readily accessible "inferior" courts. In between there are "intermediate" courts. For example, in most Australian states you will find a Supreme Court which stands at the pinnacle of the State system of courts. Beneath the Supreme Court you will find an intermediate court called either a District Court or a County Court. Below those intermediate courts you will find the Magistrates' Courts or the Courts of Petty Sessions. The "inferior" courts such as the Magistrates Courts, Local Courts, Courts of Summary Jurisdiction or Courts of Petty Sessions cover a wide range of civil disputes concerned with small debts and other small matters. Their criminal jurisdiction is of two types. The "inferior" courts hold most preliminary hearings or committal proceedings. These courts also deal with summary offences such as Police prosecutions for failure to pay fines for traffic offences. Some more serious criminal offences knows as "indictable offences" are also capable of being heard and determined in inferior courts. They are known as indictable offences triable summarily. Inferior courts may also function as Coroners Courts to investigate unexplained deaths and fires. Intermediate Courts such as District or County Courts exist in all jurisdictions except Tasmania, the Northern Territory and the ACT. In practise and procedure, there are few differences between these courts and the Supreme Courts of the particular state. These intermediate courts are now capable of hearing most civil cases accept in some areas of Equity, Admiralty and Probate. Their criminal jurisdiction covers most indictable offences where there is a trial by judge and jury except capital offences like murder and other specific matters reserved for Supreme Courts only such as treason and sedition. The State and Territory Supreme Courts have unlimited jurisdiction. Their Civil Jurisdiction usually consists of large and complex cases. Their criminal jurisdiction involves a judge and jury. Because Australia is a federal democracy with both Federal/Commonwealth Laws and State / Territory Laws, a system of courts has been established to hear disputes arising under Federal and Commonwealth Laws. The Federal Court and Family Court of Australia are Superior Courts with similar functions to State Supreme Courts. The Federal Magistrates' Court is similar in function to State Magistrates Courts and Courts of Petty Sessions. The High Court of Australia sits at the pinnacle of the Australian State or Federal Justice System. Its major function is to serve as the final court of appeal within the Australian legal system and to hear appeals from State Supreme Courts or from the Federal Court of Australia. It has the primary responsibility of interpreting the Australian Constitution.
Q4. Where does the law applied in Australian Courts and Tribunals come from?
A The sources of our law are the Commonwealth and State/Territory Parliaments and the courts, based upon legal principle, legal policy and legal authority. These sources produce respectively enacted and unenacted law. Enacted law is made by Parliament and is known as statute law, legislation or Acts of Parliament. Parliament also enables other bodies to make subordinate laws known as orders, regulations, rules or by-laws. These are all known collectively as delegated legislation. Unenacted law, on the other hand, is the law made by courts without direct parliamentary authority. This law is commonly known as the common law or case law. Common law began in England with the first judges who were all Churchmen of the Royal Court after the Norman Conquest in 1066. The body of rules they built up has been added to since that time by succeeding generations of judges. This body of common law is now applied in Australia since Federation in 1901. Australian courts are also able to view developments on the common law by other English speaking legal systems such as the United States of America, India, Canada and New Zealand. Because of the nature of the hierarchical courts structure in which judges sit in Australian courts, a doctrine has developed that establishes the rule that similar cases will be decided similarly. This doctrine lays down the rule that lower courts must follow the decisions of higher courts where the facts are similar. The doctrine is called precedent is guarantee order and certainty in the decisions of the Australian court system.
About the Author
Nominate a Lawyer is a network of carefully selected, highly qualified litigation lawyers in Sydney, Melbourne and Brisbane.

New York Personal Injury Lawyer can handle the intricacies of a case by Hadiya Robins

2007-04-07T19:48:00.000-07:00

Are you really looking for a person who can assist you in all the legalities of a personal injury case? Well, it is the personal injury lawyer that can help you in this regard. It is because he or she would be the person having complete and thorough knowledge of all the laws that can help you in winning the case. Such a lawyer has to be updated on all the old and new laws, so that they can prove their point before the judge. No matter you are staying in New York or Manhattan or any other state, personal injury lawyer will definitely manage to take you out of all the worries.
Basically, the main job of the New York personal injury lawyer is to file suit on behalf of the victim and carry out all the legal formalities to help in recovering the compensation from default party. Taking the compensation becomes a mandatory thing in the matter of personal injury. Personal injury is something that can happen to anyone at any point of time. Some of the incidents that lead to such cases are accident, theft or even medical malpractice. Suppose, a person is suffering from some problem even after undergoing a medical procedure, here the person can seek compensation.
Though New York personal injury lawyer can be your best legal assistant, but you have to be a bit careful in hiring the services of such lawyer. After all, it is the matter of importance that cannot be given to just anyone. Personal injury lawyer has to have proper qualification for this and should also be registered to the legal authority of that state. Along with necessary qualifications, personal injury lawyer needs to be experienced so as to handle the intricacies in your case with perfection. All this information will help the lawyer to chalk out certain points that will have the capability of turning the tide in your favor.
Like all other people, you would like to hire the services of personal injury lawyer that can complete all the legal formalities within your allocated budget. Who doesn't likes to save money? When it comes to the matter of recovering compensation from the default party, then you and your personal injury lawyer has to be a little cautious. The reason for this is that your opponent can come up with many points that will prove their point worthy. After all, the opponent part would not like to part with their money for any reason and they would try their best to save it.
Sometimes, it may happen that you are in urgent need of New York Personal Injury Lawyer and may not be able to find one. It is this time that internet would come to your rescue. All you need is internet connection to your computer and you will be able to look for the one with just a single click. It is not just that you will find their contact information only; you will also be getting acquainted with their services, rates charged and performance notifications. All this will help you in deciding on the best New York personal injury lawyer for your case.
About the Author
Hadiya Robins is a legal expert.She works for Pulversthompson and gives advice to clients who are looking for New york lawyer,New York personal injury lawyer,Attorney Immigration New York.For legal advice and to get services of a Lawyer in New York visit www.pulversthompson.com

Personal Injury Law by Carolyn Clayton

2007-04-07T19:47:00.001-07:00

Personal injury law is an area of law that aims to protect citizens against the negligence of others. Covering a wide range of claim subjects--from whiplash to medical negligence, personal injury law guides people through the process of claiming financial compensation for injuries received through the actions or neglect of other people. Once an expensive exercise for those wishing to pursue such claims, personal injury law in the UK now operates on a 'no win no fee' basis, making it accessible to anyone eligible to claim compensation for personal injury.
Until the late 1990s, anyone who wanted to make a claim relating to personal injury law in the UK either had to pay expensive legal fees or seek help through the means-tested Legal Aid (now Public Funding) system. The funding of Legal Aid, in turn, proved expensive for the government. With the advent of the Conditional Fee Agreement (CFA) in 1998 the law changed, allowing for claims on a 'no win no fee' basis. Under personal injury law in England and Wales, anyone eligible to claim compensation need no longer be deterred by the fear of legal fees associated with the claim. Scotland's law differs although the 'no win no fee' concept is also practised there to some extent.
In order for you to make a personal injury law claim for damages on a 'no win no fee' basis in the UK, both you and your solicitor will be required to agree to the terms of the CFA. Most solicitors use a standard document produced by the Law Society of England and Wales which confirms that, if the case is lost, the solicitor will not charge the claimant with any costs. There may be bills such as witness charges and medical fees, but insurance cover is available for this and should be discussed with your solicitor. As the claimant, you will be required by the agreement to co-operate with your solicitor and to provide clear instructions in relation to your personal injury law claim.
Taking the best case scenario first, if your claim proceeds to a straightforward settlement in your favour, the other party's insurer will pay your legal fees. If you have paid any fees during the case, such as witness fees, these will be reimbursed. Most personal injury law firms will ensure that you receive your compensation in full, without a percentage being deducted for fees. If you are told some of the compensation you receive will be deducted, you may like to consider discussing options with other personal injury law firms before making a commitment.
If your claim does not succeed, you still do not have to pay legal costs. Personal injury law ensures that these costs are met by insurance. There may be disbursements such as witness fees and, in the worst case scenario, defence costs if your case is lost at trial, but your solicitor can help you to insure yourself against such possibilities before your claim gets under way.
With the no win no fee agreement, therefore, personal injury law ensures that people who have suffered injury through no fault of their own are able to seek financial compensation without fear of legal costs. As long as the accident was not your fault you are eligible to claim compensation and should contact a personal injury law firm. Even if you are not sure about the issue of fault it is worth consulting a solicitor or filling in an online claim form for a free assessment of your case. Before making a commitment to pursuing your claim, remember to check that the no win no fee agreement will apply, that you will receive your full 100 percent compensation if you win and that in the event of a loss incurring payment of fees or costs, you will be covered by insurance.
About the Author
Accident claims for the UK market contact Accident Consult for your no obligation consultation. They are experts in dealing with Personal Injury compensation claims.

Motorcycle Accidents - Typical Causes by Carolyn Clayton

2007-04-07T19:46:00.001-07:00

When you're out and driving, there's nothing worse than getting in an accident. Whether it's just a fender bender or a windshield-cracking, door-shredding crash, accidents are horrible things to witness and worse to experience. If you're on a motorcycle, accidents become even worse. More than three thousand motorcycle accidents resulted in death last year in the United States alone, and the numbers are just as terrifying in the United Kingdom. With nothing between you and the other vehicle to absorb the impact, motorcycle accidents can be much more injurious than those sustained in a normal car or truck.
Motorcycle accidents are sometimes caused by poor maintenance--because a motorcycle only has two wheels, it is inherently more unstable than cars or trucks, and requires more careful maintenance to ensure safety out on the road. A slightly misaligned tire can result in a fatal crash, as can an engine or brake failure, so always make sure your motorcycle is in top shape.
Also, check the tires themselves. If you leave your tires too long without getting them replaced, the treads can wear away. These bald tires can lead to fatal motorcycle accidents, especially in snowy conditions or on wet roads where bald tires are more likely to hydroplane. Have your mechanic check your tires and make sure they're still good to ride on.
Bad roads can lead to fatal motorcycle accidents as well. The government can only repair so many roads at a time, and some roads go for years without ever seeing the attention of a road crew. These roads can be treacherous enough to normal cars and trucks, with loose gravel and big potholes that can swallow a tire whole. If you're on a motorcycle, that pothole can flip your motorcycle over and throw you onto the street, so you have to be a lot more careful. On bad roads, slow down and keep your eyes open, and avoid otherwise very painful motorcycle accidents.
There are plenty of other conditions which may lead to bad motorcycle accidents. Watch out for debris on the road - a nail in the tire at sixty miles and hour could lead to a potentially fatal blow-out. Also, sometimes things get spilled on the road - say a truck has an oil leak and is spilling oil onto the road as it drives. Oil isn't the most friction conducive material it's possible to put on a road, and driving over a patch could lead to a slide out and loss of control over your motorcycle. Watch for dark patches on the road that indicate spilled oil.
Then there's ice. With as much rain as Britain gets, ice is fairly common whenever it gets cold, and when it's present you have to be especially careful. In a car, a spinout could lead to ending up in a ditch. In a motorcycle, loss of control usually leads to a motorcycle accident - at the best, bruises or broken bones, at the worst, death. The human body isn't made to slam into asphalt at sixty miles an hour, and won't react well if it does. If there is ice on the road, drive slowly and very carefully, and you'll come through all right.
Alcohol and drugs, of course, are an obvious problem. They impair judgment and turn otherwise good drivers into dangerous ones - the only good part of driving a motorcycle drunk is that when you crash you probably won't take anyone else with you. The bad news is, you'll still be just as dead. Sleep deprivation is nearly as bad, so make sure you're always well rested before driving. Remember, because of the small size and low profile of motorcycles, drivers of cars will have a harder time seeing you. The responsibility of safety is up to you, so take it seriously.
About the Author
Accident claims for the UK market contact Accident Consult for your no obligation consultation. They are experts in dealing with motorcycle accident claims.

Medical Malpractice Hurts Millions by Taylore Vance

2007-04-07T19:45:00.001-07:00

What is Medical Malpractice? It occurs when the medical care (a health care provider - doctor, nurse, or hospital staff) falls below the appropriate standard of the medical profession. The practitioner or hospital staff member can make a stupid mistake because he or she is tired, distracted, or on prescription drugs himself or herself.
Has a medical care provider made a mistake in your case? Have you been hurt? You could get insurance money as a result of malpractice, even if you don't personally carry insurance.
Medical malpractice can be as complex as shaving an area (thereby nicking the skin which opens the patient to infections), failing to diagnose a disease, or as simple as failing to turn someone over in their hospital bed (causing bed sores or fluid retention).
EXAMPLES OF MEDICAL MALPRACTICE INCLUDE: -giving the wrong medicine -giving too much or too little of the medication -leaving a tool or gauze in the body after surgery -failure to properly diagnose a disease or medical condition -failure to obtain informed consent before performing a procedure -failure to provide appropriate treatment -unreasonable delay in providing treatment -failing to timely deliver a baby -giving an improper interpretation of radiology films
INFECTIONS CAN BE CAUSED BY SHAVING INSTEAD OF CLIPPING
Some physicians pay attention to hair removal to cut surgical infections. Clip the hair before surgery because shaving will often cause a nick and infections may enter the skin. Houston neonatologist Michael Speer, MD, a member of the TMA Board of Trustees and chair of the Texas Patient Safety Alliance, says it's the "tyranny of small numbers." If physicians, nurses, hospital administrators, or others don't see large numbers of infections, they don't perceive that there is a problem.
Within the United States the rate of surgical site infections is statistically low, they still impact hundreds of thousands of patients each year.
Have you been hurt as a result of a hospital visit?
SURGICAL SITE INFECTIONS ARE A PROBLEM
According to a study published in 2004 by the National Surgical Infection Prevention Collaborative, surgical site infections complicate 780,000 operations annually in this country.
WHAT IS THE STATUTE OF LIMITATIONS FOR MEDICAL MALPRACTICE?
The statute of limitations is a limit created by the legislature on the amount of time after the event in which you can bring a suit for any injuries suffered as a result of someone's negligence.
The statute of limitations is about two years from the time you discovered the medical malpractice. You need to check with a local malpractice attorney as soon as possible to check the statue of limitations for your state so you don't miss the deadline.
However, there are always exceptions to the limit if the case involves a child, a retained object, fraud, or concealment on the part of the health care provider.
Statutes of limitations can be difficult to calculate and you should consult medical malpractice attorneys before concluding that it is too late to pursue your case.
About the Author
Taylore Vance, author, recommends this lawyer, attorney directory: Click here for the best legal resources!. Her favorite site is Prosperity Tips. Learn How You Can Triple Your Home Based Income By Using Two Secret Words Report-Increase Your Money and bonus lesson plan.

Airbag Injuries And Wrongful Deaths by Taylore Vance

2007-04-07T19:44:00.001-07:00

Have you or a love one been injured by an airbag? What can you do? Check an attorney in your state because there are slightly different rules regarding who can sue for wrongful death or injury.
Generally speaking you must be either the personal representative (a person who manages the affairs of another because of incapacity or death), child, spouse, or parent of the person killed. In other words, if your friend is killed you cannot sue for wrongful death
What is a wrongful death lawsuit? A suit for wrongful death may be filed when a person dies as the result of someone else's negligent, reckless or intentional act. You will need to prove that the wrongdoer had a duty to act in a certain manner, failed to act in such a responsible manner (breached the duty), and such failure caused the death of your loved one.
Since 1990 Over 150 People Have Been Killed By Airbags
Many of these deaths occurred when an airbag deployed in a low speed crash striking an occupant who was sitting very close to the airbag - less than 10 inches. Most airbags deploy with a tremendous amount of force (an explosion of gas 200 mph), thus posing a serious threat to small children and those who sit too closely to the airbag.
Airbags Have Saved More Lives
Since their introduction, airbags have deployed in automobile crashes well over 3 million times and according to the National Highway Traffic Safety Administration (NHTSA) it is estimated almost 5,000 deaths have been prevented by the use of airbags.
Airbags are a controversial topic. It is true that some people - especially children - have sustained serious injury from airbag deployment. However - the fact is - airbags combined with seat belts (lap and shoulder belt) do save lives and help prevent more serious injury in most cases.
The airbag danger problem is serious enough that some retrofit on-off switches can be found and used if federal requirements are met -- switches must be operated by a key and equipped with warning lights to indicate whether the bags are turned off or on.
Big Lawsuits Settlements, Quickly With Expert Witness Testimonials
Sal Fariello author has been helping people get quick settlements in airbag injury cases in the $320,000 to $1,500,000 range, and usually have been settling out-of-court.
The statute of limitations is usually two years from the time you are injured. You need to check with a local malpractice attorney as soon as possible to check the statue of limitations for your state so you don't miss the deadline.
About the Author
Taylore Vance, author, recommends this lawyer, attorney directory: for the best legal resources!. Her favorite site is Prosperity Tips. Learn How You Can Triple Your Home Based Income By Using Two Secret Words Report-Increase Your Money and bonus lesson plan.

I have been in an auto accident and the other party doesn't have insurance, what do I do? by Greg Artim

2007-04-07T19:42:00.000-07:00

So you've been in an automobile accident and have discovered that the other party does not have insurance. What do you do now?
The first step is to turn the claim in to your automobile insurance carrier. Don't worry, your rates will not go up if you were not at fault for the accident. Your insurance carrier will likely send a claims adjuster to inspect your vehicle. Some insurance companies advise you to take your car to an authorized repair shop for an estimate. Either way, your company will pay for your repairs, except for the "deductible" that you have selected on your insurance coverage. The most common amount of deductible is $500, though many people have a $100 or $250 deductible, and some others have a deductible of $1,000. The higher deductible that you have chosen, the cheaper your automobile insurance will be.
After your vehicle is repaired, your insurance company will begin a process called "subrogation". Subrogation is where your insurance company attempts to collect the monies that it paid out to repair your vehicle from the at-fault party. This may or may not involve the filing of a lawsuit. If a lawsuit is filed, you may have to appear in court and testify as to what occurred in the accident. Your insurance company will also attempt to recover your deductible in the subrogation process. As you can imagine, subrogation is a difficult process, because most times you are dealing with an individual who did not maintain automobile insurance. In my experience, the individual who does not maintain automobile insurance coverage often does not maintain or have many other assets from which to make retribution on the subrogation claim. Still, the efforts prove worthwhile more times than you might expect.
The next step, if you were injured in the accident, is to present a claim for "uninsured motorist benefits". Uninsured Motorist Benefits are benefits that are available to you as an option on your automobile insurance policy. If you have chosen to have Uninsured Motorist Benefits, you may be eligible to receive payment from your insurance company if you were injured by a driver who did not maintain automobile insurance on his vehicle. This payment would cover any type of "pain and suffering" or lost wages that you may have incurred as a result of the auto accident. This benefit is a relatively inexpensive option that provides much needed coverage to you in a time of need, and is recommended to all drivers.
About the Author
Greg Artim is an Attorney based in Pittsburgh Pennsylvania. Please be sure to visit his website at www.gregartim.com for answers to similar legal questions.

The Whistleblower Protection Law by James Monahan

2007-04-07T19:41:00.000-07:00

It was not until 1986 when a law protecting whistleblowers is made. Congress added an anti-retaliation protection to the then existing False Claims Act.
A whistleblower is a person who tells on something he believes is an illegal act. The employees are the most commonly known whistleblower. They tell on their employers which they suspect is doing or committing an illegal act.
Under the Whistleblower Protection Law, the employee should not be discharged, denoted, suspended, threatened or harassed in any form that discriminates the terms and conditions of his employment because of the legal act done by the employee.
The employee may be of aid in many ways possible on the investigation, testimony and the likes. However there are some constraints under the whistleblower protection law.
Reporting illegal acts that are only within the company is a ground for exemption. But still there may be public policies that could protect the employee from retaliation
If it turns out that an employer didn't actually break a law, the employee is still entitled to whistle blower protection from retaliation, if he reasonably believed that the employer committed an illegal act.
The whistleblower protection law does not cover employer retaliation for complaints about personal loathe. Office politics is not to be used as a basis for filing a complaint against the employer and use the whistleblower protection for personal gain.
In order for the employee to be protected from employer retaliation, he may the have a suspected desecration of any Federal Law. But the supposed violation should have provisions that the law violated will protect whistleblowers.
The Whistleblower Federal Law, unlike the False Claims Act, allows the whistleblower to file a lawsuit in a federal court. The Federal Whistleblower Law does not permit the whistleblower to go directly to the court.
The individuals concerned are pursued administratively. These individuals concerned could file a complaint or charge to retaliate with or without a lawyer to represent them. However if the case is not resolved immediately, the administrative law judge may then preside over the only evidentiary hearing that may take place.
A whistleblower should not attempt to delay an investigation of the possible legal remedy. To maintain this ruling, the retaliation should then be brought to the attention of an appropriate government official within 30 days, else the complaint could not be pursued.
Most states have some sort of statutory or common law "whistleblower" or anti-retaliation laws. Like the federal whistleblower laws, not every lawyer will know about these laws, especially laws outside their own state.
These states and the District of Columbia have recognized a public policy exception to the "employment at will doctrine": Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
Some states have explicit statutory protections for whistleblowers. These include: California, Connecticut, Delaware, Florida, Hawaii, Louisiana, Maine, Michigan, Minnesota, Montana, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Rhode Island, Tennessee, and Washington.
There are also state laws that offer special protections just for their own state or local government employees: Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia and Wisconsin.
About the Author
James Monahan is the owner and Senior Editor of WhistleblowerBuzz.com and writes expert articles about whistleblowers.

Crime Never Pays by James Monahan

2007-04-07T19:39:00.000-07:00

Crime is a bad thing. And the previous sentence was an understatement, and an inaccurate description of the concept of Crime.
When someone commits a crime he or she, for sure, has broken a law that applies to the place and situation he or she is in. The principal statement of crime is that, if there is a law that is broken, there must be retribution, or justice meted.
Quick question. You run a red light. This means you have broken traffic laws. Does this mean you are a criminal? Probably not.
If that were so, then probably three-quarters of the U.S.'s driving population would be criminals. Luckily, this is not the case. Crime, in a broad sense, refers to acts that violate political or moral law. An even more specific definition of Crime is the violation of criminal law.
Since running a red light is a violation of traffic laws and not criminal laws, we aren't that ready to label more that half of the drivers on the streets today as criminals.
The general rules of defining crime may vary from country to country, culture to culture.
"Actus Reus and Mens Rea", yes, I know. Two words that don't really mean anything to most laypeople. Actus Reus means "guilty action." This means an act of crime has been committed. Mens rea means "guilty mind." This means there was malicious intentions by a party. Generally, for an act to be counted as a crime, both concepts must be present.
Corpus Delicti. Some people are as guilty of a crime as can be. But somehow, you find them free of guilt in the court of law. Usually, this is because there has been no corpus delicti found (Yes, more Latin words...). Without corpus delicti (or "proof of a crime") there can be no prosecution of a crime.
Assisting a Crime. It may also be a crime to conspire in order to commit other crimes, or helping others to commit crimes (in which case one becomes an accomplice).
In some systems, the simple association for organizing a crime is punished. Roles that accomplices play include being a 'lookout,' or simply assisting in the communications of criminals in committing crimes.
Aborted Plans? In some areas, the attempt alone to commit a crime may be punished, even if the crime is not completed. For instance, it is generally a crime to attempt to murder someone, even if one has not succeeded in doing so.
The Insane Way Out. Most western systems do not punish to the full extent individuals who commit crimes unintentionally or are not yet of legal age. Those who have been proven to be insane at the time of the crime are examples of such.
Since insane people are said to not have proper control of their decision making faculties, no malicious intent can be accused against them.
When proof of a crime can be found, person can be put on trial for the criminal act. This allows the suspect to prove innocence, or for the court to prove his or her guilt. If found guilty, the person is now subject to the punishment accorded to him or her by the state.
Committing a crime is no joke. And being accused of such isn't either. A good understanding of the basic concepts of the law makes understanding, appreciating, and obeying the law a more straightforward and appealing endeavor. ating, and obeying the law a more straightforward and appealing endeavor.
About the Author
James Monahan is the owner and Senior Editor of TopCrimeSites.com and writes expert articles about crime.

Common law and equity

2007-04-07T09:16:00.001-07:00

Main article: Common law

King John of England signs Magna Carta
Common law and equity are systems of law whose special distinction is the doctrine of precedent, or stare decisis (Latin for "to stand by decisions"). Alongside this "judge-made law", common law systems always have governments who pass new laws and statutes. But these are not put into a codified form. Common law comes from England and was inherited by almost every country that once belonged to the British Empire, with the exceptions of Malta, Scotland, the U.S. state of Louisiana and the Canadian province of Quebec. Common law had its beginnings in the Middle Ages, when the English monarchy had been weakened by the enormous cost of fighting for control over large parts of France. King John had been forced by his barons to sign a document limiting his authority to pass laws. This "great charter" or Magna Carta of 1215 also required that the King's entourage of judges hold their courts and judgements at "a certain place" rather than dispensing autocratic justice in unpredictable places about the country.[50] A concentrated and elite group of judges acquired a dominant role in law-making under this system, and compared to its European counterparts the English judiciary became highly centralised. In 1297, for instance, while the highest court in France had fifty-one judges, the English Court of Common Pleas had five.[51] This powerful and tight-knit judiciary gave rise to a rigid and inflexible system of common law.[52] As a result, as time went on, increasing numbers of citizens petitioned the King to override the common law, and on the King's behalf the Lord Chancellor gave judgement to do what was equitable in a case. From the time of Sir Thomas More, the first lawyer to be appointed as Lord Chancellor, a systematic body of equity grew up alongside the rigid common law, and developed its own Court of Chancery. At first, equity was often criticised as erratic, that it "varies like the Chancellor's foot". But over time it developed solid principles, especially under Lord Eldon.[53] In the 19th century the two systems were fused into one another. In developing the common law and equity, academic authors have always played an important part. William Blackstone, from around 1760, was the first scholar to describe and teach it.[54] But merely in describing, scholars who sought explanations and underlying structures slowly changed the way the law actually worked.[55]

Estate Planning by James Monahan

2007-04-07T09:06:00.001-07:00

An estate consists of all the property you own or control. There are two kinds of property - the real property and personal property.
Real property is the real estate itself and everything attached to it, like company which you own and your house with the barn. Personal property is everything else - automobiles, the furniture, jewelry, and many more.
Estate planning is a method to think all finances through and to set up legally valuable preparations that would meet your detailed requests if something happens to you or your loved ones. Estate planning gives you the preference on distributing the real and personal property to your beneficiary.
Financially, a well-organized estate plan includes instructions on what would happen on your home, all you have invested on, your business and every aspect of it, your life insurance and all the benefits you have acquired all throughout the years - in the occurrence that you could become disabled or even face death.
Personally, estate planning is important because it deals with instructions to direct out your wants concerning health care affairs. These are the instances that when you become disabled and cannot decide for yourself, you assign one person to lead your instructions if you prefer to be treated or if you want yourself to be pulled out of the plug.
In estate planning, you aim to preserve the maximum amount of wealth possible for your intended beneficiaries prior to your death. Here are some common ways in which you could dispose of your wealth.
Last Will and Testament
A will or commonly known as the last will and testament. This deed serves as a bridge to transfer the assets in your name to the person you wish to have it. This only becomes effective after your death.
Secure Power of Attorney Secure power of attorney for your health care. This is document which assigns a person to compel to make decisions concerning your health attention treatments.
Secure power of attorney for property. This is a document which gives power to the one you appoint to handle financial matters when the time comes when you are unable to do so.
Directive to Physicians
Directive to Physicians is a document that discusses the advanced directives you made for hospitals and doctors. This kind of document includes directions when you suffer from coma or permanent incapacity that health care treatments should be stopped.
There are many other ways in distributing your own properties and estate. Not only do the wealthy people should plan for their estate.
Everyone who has real or personal property, who is concerned about their health conditions, and is a parent of a minor child, could start an estate plan.
By preparing and implementing an estate contract, you must be able to testify that all of the information is legitimate. Failure to prove you worthy of legal capacity could lead to subjection of fraud during the implementation of your estate plan.
There are attorneys whose expertise is the documentation of distribution of wealth and assets. Learn to research for the best and be aware of the laws regarding estate planning. Because it is pre-planned with legal advice, you would be able to avoid financial and emotional graveness of a poorly drafted estate plan.
By studying your options carefully while consulting with the estate experts and your family members, planning your estate would be a practical way to close the deal.
About the Author
James Monahan is the owner and Senior Editor of EstateCountry.com and writes expert articles about estates.

Taxes and Divorce by Antonio Fricano

2007-04-07T09:02:00.000-07:00

Copyright (c) 2007 Antonio Fricano
The truth is, most family law lawyers don't have a firm grasp on the tax consequences of divorce. One reason we went to law school instead of to medical school was because we didn't want to take the extra math classes. Instead, hoping to leverage our talents for writing, negotiating and public speaking we decided to enter into one of the most litigation intensive specialties within the law.
Still, these lawyers can provide effective representation for their clients. The reason is that most opposing attorneys are of the same mindset. This mindset is; "I am a family law attorney and if my client needs tax advice they should seek the advice of a tax professional." This is good advice, but seldom clients actually abide by it.
The tax consequences of a divorce can have a tremendous impact on the actual (as opposed to stated) value each side receives in a property division or support order. This leaves those lawyers with an understanding of tax law in a superior bargaining position. The following article will discuss a couple areas where family law and tax law intersect.
Support Orders
The bargaining chips here are the exemptions and filing status. Exemptions are a tax deduction so they are a benefit for the spouse receiving them. Two ground rules to keep in mind is that a custody split should never be 50/50, (because neither party will get the exemption) and the court can't order parties to take a particular filing status.
The advantages of taking certain tax positions can be analyzed by the DissoMaster software. Once the exact benefits to both sides are calculated, the negotiating begins. Generally, the tax deductions should be negotiated towards allocating them to the higher earning spouse. In that way both spouses collectively pay fewer taxes. Another result is that the higher wage earning spouse has a higher net income which will result in a larger order of support to the receiving spouse. All of this is, of course, is negotiable and can even be conditioned on certain events. For example, an agreement might have a provision that Wife sign the IRS form allocating the exemption to husband by January 15th each year, provided that she receive increased spousal support of a certain amount. These tax aspects can have a major impact on a client's future finances and should be a point of negotiation.
Property Division
This is an area where a basic understanding of tax law is crucial to obtaining a fair result for the client. Family law courts have two fundamental rules here:
1)The court does not take tax consequences into account when determining value
a.Example: If you are awarded the family residence and plan on selling it after the divorce, the court will not reduce the value it puts on the house just because you will have to pay taxes on the gain from the residence
2)Pursuant to IRC 1041, property transfers subject to a divorce are not taxed
a.Example: If you sell your interest in the family home to your spouse, you will not be taxed
California community property law states that each spouse shall get an equal share of the community property. This can be more complex than it seems. As an example, let's say that we are awarding stock to Wife with a fair market value of $200,000 and we are awarding husband cash from the community bank account equaling $200,000. While this might seem equal, it probably is not. The stocks are subject to taxes, either a loss or a gain. If Wife has to pay taxes on $100,000 of the stocks when she sells them, she has gotten the short end of the stick.
Calculating Loss or Gain
The loss or gain for tax purposes on any property is equal to the selling price minus the basis. Basis is the purchase price of the asset, plus improvements, plus fix up costs, minus depreciation and deferrals. Obviously it can get complicated trying to figure out all these factors, so attorneys need their clients to take an active role in providing this information.
The situation gets even more complex when dealing with pensions. Pensions have early withdrawal penalties and other serious tax implications for divisions.
Also, a loss or gain may be avoided entirely with some estate planning. For example; if the spouse was awarded the residence and lived in the residence until his or her death, then the basis for whomever he or she willed it to, would be the fair market value at the time of the transfer.
Solutions
How can you split everything equally when you are comparing apples and oranges? One way would be to take the King Solomon approach and divide everything in half, giving each side half an orange and half an apple. Sell the house and divide the proceeds. Each spouse takes half the stocks. If the pension or IRAs are unequal, roll some over from wife's IRA to husband's IRA or vice versa to make them of equal value.
However, the best course of action for clients is to hire an attorney that has a basic understanding of the tax implications of divorce. Clients can test prospective attorneys in this regard with a few preliminary questions during the initial consultation. An attorney with this basic understanding can save clients lots of headaches down the road.
About the AuthorAntonio J. Friacno c/o Law Offices of Donald P. Schweitzer 201 South Lake Avenue Suite 700 Pasadena, California, 91101 626-683-8113 http://www.PasadenaLawOffice.com

What You Should Know About Child Custody Laws by Gabriel Adams

2007-04-07T09:00:00.000-07:00

Child custody laws vary from state to state. However, when looking into child custody laws, there are some general laws that apply. It is important that when dealing with a custody case, you have a full understanding of how the different laws will affect your individual case.
Most often, the court that has jurisdiction over the divorce proceedings, also has say so in the custody of the children. Whenever a child is born to parents who are married, they both have equal legal rights to the custody of the child should they separate.
The most important consideration in a child custody case is what is in the best interest of the child. The child's well being takes precedence over the parents wants and desires. Some states believe it is in the best interest of the child to maintain frequent contact with both Mom and Dad. Often times, the parent who is able to be the most supportive of this notion is appointed as the custodial parent.
The custodial parent is the term used for the parent who spends the majority of time with the child. Therefore, a non-custodial parent is the term used for the parent who spends less time with the child. Most states have an arrangement is place, should both parents disagree on custody of the child. Often times, the parents are required to attend mediation in order to work out a visitation plan that both Mom and Dad can agree upon. With mediation, the parents meet with a neutral third party, who then helps the parents to try and resolve their differences, as they relate to custody.
However, if mediation fails, the parents can then take matters into court. They can present both sides of their cases to the judge and let him or her make the final decision as to the custody of the child.
Child custody cases can be extremely difficult and expensive. A mutual agreement is preferred, since joint custody is more likely to be utilized, than if a judge were to make the decision for the parents. There are many factors that come into play in the case of child custody. Since the laws vary from state to state, it is important that a local lawyer be consulted. Be sure to familiarize yourself with the laws of your state, before going forward with a child custody case.
About the Author
Opinions in this article do not necessarily reflect the view of Child Custody Lawyer Easley and Marquis Texas which the author would like for you to visit.

Civil law

2007-04-07T08:56:00.000-07:00

Main article: Civil law (legal system)

First page of the 1804 edition of the Napoleonic Code
Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation – especially codifications in constitutions or statutes passed by government – and, secondarily, custom.[42] Codifications date back millennia, with one early example being the ancient Babylonian Codex Hammurabi, but modern civil law systems essentially derive from the legal practice of the Roman Empire, whose texts were rediscovered in medieval Europe. Roman law in the days of the Roman Republic and Empire was heavily procedural, and there was no professional legal class.[43] Instead a lay person, iudex, was chosen to adjudicate. Precedents were not reported, so any case law that developed was disguised and almost unrecognised.[44] Each case was to be decided afresh from the laws of the state, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. During the 6th century AD in the Eastern Roman Empire, the Emperor Justinian codified and consolidated the laws that had existed in Rome, so that what remained was one-twentieth of the mass of legal texts from before.[45] This became known as the Corpus Juris Civilis. As one legal historian wrote, "Justinian consciously looked back to the golden age of Roman law and aimed to restore it to the peak it had reached three centuries before."[46] Western Europe, meanwhile, slowly slipped into the Dark Ages, and it was not until the 11th century that scholars in the University of Bologna rediscovered the texts and used them to interpret their own laws.[47] Civil law codifications based closely on Roman law continued to spread throughout Europe until the Enlightenment; then, in the 19th century, both France, with the Code Civil, and Germany, with the Bürgerliches Gesetzbuch, modernised their legal codes. Both these codes influenced heavily not only the law systems of the countries in continental Europe (e.g. Greece), but also the Japanese and Korean legal traditions.[48] Today countries that have civil law systems range from Russia and China to most of Central and Latin America.[49]

Constitutional and administrative law

2007-04-07T08:53:00.000-07:00

Main articles: Constitutional law and Administrative law

The French Declaration of the Rights of Man and of the Citizen, whose principles still have constitutional value
Constitutional and administrative law govern the affairs of the state. Constitutional law concerns both the relationships between the executive, legislature and judiciary and the human rights or civil liberties of individuals against the state. Most jurisdictions, like the United States and France, have a single codified constitution, with a Bill of Rights. A few, like the United Kingdom, have no such document; in those jurisdictions the constitution is composed of statute, case law and convention. A case named Entick v. Carrington [10] illustrates a constitutional principle deriving from the common law. Mr Entick's house was searched and ransacked by Sheriff Carrington. When Mr Entick complained in court, Sheriff Carrington argued that a warrant from a Government minister, the Earl of Halifax, was valid authority. However, there was no written statutory provision or court authority. The leading judge, Lord Camden, stated that,
"The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole… If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment."
The fundamental constitutional principle, inspired by John Locke,[11] is that the individual can do anything but that which is forbidden by law, and the state may do nothing but that which is authorised by law. Administrative law is the chief method for people to hold state bodies to account. People can apply for judicial review of actions or decisions by local councils, public services or government ministries, to ensure that they comply with the law. The first specialist administrative court was the Conseil d'État set up in 1799, as Napoleon assumed power in France.[12]

What You Should Know About Family Law by Gabriel Adams

2007-04-07T08:50:00.000-07:00

When issues arise within the family unit or domestic relationships get out of hand, family law is the branch of judicial problem solving that deals with a wide range of family-related issues. Throughout the United States, it is the family courts that often handle the heaviest caseload, as many jurisdictions tackle concerns that deal with gaining custody of a child to dealing with the proper procedure of finalizing a divorce.
Within the system, family law cases extend to the wealthiest of local residents to the poorest of single-parent families. No social or economic class has been spared the family court system when any area of family law is involved. Below are some of the many different areas of regulation attached to family law:
When two people wish to get married, they have to go through family law to get the proper approval needed to continue their wedding plans. The same goes for civil unions and domestic partnerships. A civil union provides same-sex couples the rights, benefits, and responsibilities much like the parameters associated with married opposite-sex couples. Domestic partnerships recognizes relationships between two people who live together in a domestic setting that have chosen not to enter traditional marriage, common-law marriage, or a civil union.
Family law then deals with the legal issues that arise during marriage. They will step in when married couples inflict harm upon one another. They will oversee adoption processes and settle surrogacy issues. When a parent abducts his or her own child, family law will be called upon to hear out the case. Child abuse is also an important branch of the law that falls under the most pressing family-related concerns.
When the relationship between two people has soured and the termination of their union has arrived, family law will deal with the matters concerning divorce and annulments. They will see that property settlements and alimony payments are arranged. In the United States, the responsibilities of the parents are dealt with under family law, such as custody hearings, visitation rights, and child support awards.
About the Author
Opinions in this article do not necessarily reflect the view of Family Law Collin County Texas which the author would like for you to visit.

What You Should Know About Divorce Law by Gabriel Adams

2007-04-07T08:31:00.000-07:00

With the divorce rate at an all time high, it is important to have a full understanding of divorce laws. Nearly 50% of all marriages will end in a divorce. Therefore, it is vital that you know the ins and outs of the laws. Divorce laws do vary from state to state so it is important that you check with the laws for your particular state. However, there are some general laws that apply across the board.
If you are looking for an alternative to the more traditional litigation, divorce mediation might be an option. A mediator's main priority is to try and help the two parties come to a mutual agreement. The neutral third party is there to ensure that both parties are getting a fair deal. A mediator can work with the spouses to work through problems such as child support, custody, visitation, property division, alimony and much more.
Another alternative to the more traditional litigation is collaborative law. For those divorcing couples who wish to avoid litigation but require strong legal representation, they should consider collaborative law. Collaborative law gives you the ability to retain a team of divorce professionals.
Some people believe that one party will receive a majority of the property division. However, it is more likely that the marital assets will be divided fairly evenly for both parties. Therefore, it is vital that both parties create some clear priorities and decide what is really important to them.
Health insurance and taxation are two other important issues when considering a divorce. If your insurance coverage is through your soon to be ex-spouses employer, then it will be important that you continue to have coverage for yourself and any children involved. This can all be worked out through legal litigation. With regards to taxes it is important to determine what dependency exemptions both parties are eligible for.
There are a variety of divorce laws that are set in place for divorcing couples. Divorce is not an easy situation for anyone. However, by knowing and understanding the divorce laws in your particular state, you can ease some of the headache associated with divorce.
About the Author
Opinions in this article do not necessarily reflect the view of Divorce Law Collin County Texas which the author would like for you to visit.

International law

2007-04-07T08:24:00.000-07:00

Main articles: Public international law, Conflict of laws, and European Union law

Providing a constitution for public international law, the United Nations was conceived during World War II.
In a global economy, law is globalising too. International law can refer to three things: public international law, private international law or conflict of laws and the law of supranational organisations.
Public international law concerns relationships between sovereign nations. It has a special status as law because there is no international police force, and courts lack the capacity to penalise disobedience.[7] The sources for public international law to develop are custom, practice and treaties between sovereign nations. The United Nations, founded under the UN Charter and the Universal Declaration of Human Rights, is the most important international organisation, established after the Treaty of Versailles's failure and World War II. Other international agreements, like the Geneva Conventions on the conduct of war, and international bodies such as the International Court of Justice, International Labour Organisation, the World Trade Organisation, or the International Monetary Fund, also form a growing part of public international law.
Conflict of laws (or "private international law" in civil law countries) concerns which jurisdiction a legal dispute between private parties should be heard in and which jurisdiction's law should be applied. Today, businesses are increasingly capable of shifting capital and labour supply chains across borders, as well as trading with overseas businesses. This increases the number of disputes outside a unified legal framework and the enforceability of standard practices. Increasing numbers of businesses opt for commercial arbitration under the New York Convention 1958.
European Union law is the first and only example of a supranational legal framework. However, given increasing global economic integration, many regional agreements—especially the South American Community of Nations—are on track to follow the same model. In the EU, sovereign nations have pooled their authority through a system of courts and political institutions. They have the ability to enforce legal norms against and for member states and citizens, in a way that public international law does not.[8] As the European Court of Justice said in 1962, European Union law constitutes "a new legal order of international law" for the mutual social and economic benefit of the member states.[9]

law

2007-04-07T07:52:00.000-07:00

From Wikipedia, the free encyclopedia

Jump to: navigation, search

For other uses, see Law (disambiguation).

Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). Her blindfold symbolises equality under the law through impartiality towards its subjects, the weighing scales represent the balancing of people's interests under the law, and her sword denotes the law's force of reason and the power of the sovereign to enforce the law.

Law^[1] is a system of rules that is usually enforced through a set of institutions.^[2] Law affects everyday life and society in a variety of ways. Contract law regulates everything from buying a bus ticket to trading swaptions on a derivatives market. Property law defines rights and obligations related to buying, selling, or renting real property such as homes and buildings. Trust law applies to assets held for investment, such as pension funds. Tort law allows claims for compensation when someone or their property is harmed. But if the harm is criminalised, and the act is intentional, criminal law offers means to prosecute and punish the perpetrator. Constitutional law provides a framework for creating laws, protecting people's human rights, and electing political representatives, while administrative law allows ordinary citizens to challenge the way governments exercise power. International law regulates affairs between sovereign nation-states in everything from trade to the environment to military action. "The rule of law", wrote the ancient Greek philosopher Aristotle in 350 BC, "is better than the rule of any individual."^[3]

Legal systems around the world elaborate legal rights and responsibilities in different ways. A basic distinction is made between civil law jurisdictions and systems using common law. Some countries base their law on religious scripts. Scholars investigate the nature of law through many perspectives, including legal history and philosophy, or social sciences such as economics and sociology. The study of law raises important questions about equality, fairness and justice, which are not always simple. "In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread."^[4] The most important institutions for law are the judiciary, the legislature, the executive, its bureaucracy, the military and police, the legal profession and civil society.