Author : William G. Hammond, JD
A power of attorney is a legal document in which one person (the principal) authorizes another (the agent) to act on his/her behalf. Financial powers of attorney allow your agent to make decisions regarding your property. Healthcare powers of attorney allow your agent to make decisions regarding your health care needs.A power of attorney permits you to appoint someone else to manage your financial and business affairs when you cannot do it yourself anymore.This document can be a lifesaver when crisis situations occur after an accident or illness. The agent can do whatever the document allows, such as withdraw bank funds, pay bills, cash checks, and buy and sell real estate. The power of attorney is less costly and more private than a guardianship.Guardianship, on the other hand, is a legal relationship whereby a probate court gives a person (the guardian) the power to make personal decisions for another (the ward).A family member or a friend can initiate the proceedings by filing a petition in the probate court in the county where the individual resides. A medical examination by a licensed physician may be necessary to establish the individual's condition. A court of law will then determine whether the person is unable to meet the essential requirements for his/her health and safety.A conservatorship is a legal relationship whereby the probate court gives a person (the conservator) the power to make financial decisions for another (the protectee). The court proceedings are very similar to those of a guardianship except the court determines whether an individual lacks the capacity to manage his or her financial affairs. If so, the court appoints a conservator to make monetary decisions for the individual. Often the court appoints the same person to act as both guardian and conservator for the individual. Like the guardian, the conservator is required to report to the court yearly.With all this in mind, you should evaluate your situation. What would you do if you could no longer handle your own affairs? You may want to consult with an attorney specializing in Elder Law, who will be able to assist you and advise you in this matter. By doing this now when you still have the time, you will save yourself and your loved ones heartache and financial expenses in the future.About The AuthorWilliam G. Hammond, JD is a nationally known elder law attorney and founder of The Alzheimer's Resource Center. He is a frequent guest on radio and television and has developed innovative solutions to guide families who have a loved one suffering from Alzheimer's. For more information you can visit his website at www.BeatAlzheimers.com.
Keyword : POA,power of attorney,attorney,guardian,legal guardian,law,court,judge
วันเสาร์ที่ 8 มีนาคม พ.ศ. 2551
Asset Searching for Recovery Actions - The Decision Maker's Critical Tool Part 1
Author : Thomas Lawson
As certified fraud examiners (CFE), we all know the nuts and bolts of our respective areas of specialty, and hopefully, we are all growing professionally at an astounding pace. Crime does, unfortunately, pay – just not for the criminal.After conducting asset research for over 14 years for such demanding institutions as FDIC, FSLIC, and RTC, as well as major hotels and casinos in the gaming industry, property management firms, and many of the nation's larger law firms, one thing that has emerged is a distinct lack of information – not about the type of items searched, but the depth and quality of other searches. In cutting to the chase, the following is the result of the compilation of asset search guidelines, and should serve to assist in setting at least a baseline standard for developing a viable domestic asset search strategy.Subject IdentificationPrior to beginning the acquisition of information on any subject of an asset search, the subject should be properly identified. Studies have shown that as much as 30% of the American population uses undisclosed aliases and/or "akas" to conduct and transact various levels of personal and professional business. This statistic does not take into account the existence of corporate, DBA and/or partnership entity names, which are created to transact the various forms of business on behalf of the principals of said entity. To properly identify a non-corporate subject, the following minimum recommendations are made for non-law enforcement environments: Obtain credit reports from the three major credit bureaus, per Fair Credit Reporting Act (FCRA) requirements.However, make sure that obtaining the reports is in compliance with permissible purposes as defined in Public Law 91- 508, Title VI (FCRA), to avoid tainting your pursuit should the matter ever be litigated. Remember, in the context of this discussion, we are focused on asset searches as recovery medium, and the basic assumption is that the asset search has already been determined to be sanctionable. This could be determined, for example, by a loan in default, a judgment that has been rendered, or a court order obtained for the release of the credit information in cases that are not clearly defined under the FCRA.Remember this simple guideline: credit reports are legal post-judgment, for purposes of collection, and/or where consent has been given somewhere in the stream of the creditor/debtor relationship. In the case of a receivership institution
(i.e., where a director is being scrutinized for alleged conversion of assets), consent may also have been given for a credit history during pre-employment evaluation or as a policy-based condition of employment.This is referred to as "extended consent," and constitutes valid use, especially in matters where a criminal investigation is under way, and where the conversion of assets is factually alleged as the result of a forensic audit or proven by admission. Be careful, though, as "extended consent" from the employment perspective is still a gray area under the law. The following two items are available from credit bureaus and their sub-vendors but have less coverage extended to them under the FCRA, yet the "FCRA compliance attitude" should be used when accessing them:* Obtain social security traces from the three major credit bureaus.* Obtain address update/credit report header information from the three major credit bureaus.* Obtain voter registration information for the applicable jurisdiction germane to the primary, or most recent, residence of the subject. Some states have compiled voter data through private repositories, which should be checked for movement.Match the information obtained through the independent sources to the information presented by the candidate in the form of the credit application with
the institution, and/or the information developed independently by the institution in the initial credit qualification process.Many other methods of identification exist, but the above represents the very least that should be done. The reason for obtaining the information from all three bureaus, instead of only one, is to develop any alias and/or aka data, as well as current addresses (not specified), and/or any additional addresses that may provide venue data. This will assist the asset searcher in determining whether to advise the client to proceed with asset discovery in additional areas unknown to the client at the time the asset search was requested.Address verifications are usually difficult without a physical inspection of the address in question, including a visual identification of the subject entering and/or leaving the address. Address information that is cross-referenced and verifiable through the major credit bureau repositories is usually presented in an asset search, and in most cases is very reliable.To discover the current telephone number of the subject, methods available to the fraud examiner include nationwide telephone directories, criss-cross directories, directory assistance contact, and attempts at contact existing telephone numbers known by the client. There are other methods of telephone number development available. However, these methods should not be utilized by a CFE in order to avoid tainting the legality of the pursuit, in the even that litigation is ultimate undertaken.Assets DeterminationAssets determination usually constitutes an integration of certain liability data to offset the assets "worth" in order to arrive at a net equity position. This is especially true in identifying and analyzing real property assets. There are multiple forms of asset determination, which are described as follows: RealProperty Ownership: A search should be conducted of the applicable county jurisdiction. The exception is in California where a statewide assessor's index is available, usually through the "lien date" of the prior year. This repository is made available through a private company, and is in no way sanctioned by any public jurisdiction. For traditional searches throughout the rest of the U.S., per jurisdiction research is conducted at the assessor's office to determine if the name exists on the assessor's roll, and/or if the known property (address) crosses-verifies to the suspect owner.A search of the applicable jurisdiction's Recorder's Grantee/Grantor index (or general index as it may also be known) is then undertaken to determine if the property is still vested to the subject, and if any open Deeds of Trust and other liens exist which identify liabilities against the property. The search in the recorder's venue should also identify (in jurisdictions where this is possible) the
Documentary Transfer Tax Stamp amount, which should be divided by the applicable factor.This yields a sales price for the property, which should then be scrutinized by contacting a local realtor to verify the current market value. This "thumbnail" market value determination would then be subtracted from the outstanding Deeds of Trust (encumbrances) for a net equity value of the property.Additional research of real property ownership comes in the form of updating the assessor's rolls through the recorder's offices to determine if the subject's name has come into title to additional parcels of property, subsequent to the "lien date" of the assessor's records, which is in many jurisdictions up to sixty to ninety days old.The searches in the recorder's offices should also identify recent transfers of ownership of an individual's real property, wherein the ownership may have been transferred to a family member, closely held corporation, or other entity. Based upon the guidelines established by the client, the searches can be permutated to include additional research on additional names developed during the study, which the examiner may feel has a direct relationship to the subject of the report. It is important to note that asset searches are usually requested on specific names of individuals, and it is an industry standard of practice to conduct the research on the specific subject name. Competent investigative agencies contact the client in some way to disclose additional names discovered during the searches.Searches should also include information developed on real property assets jointly held in the name of the husband and wife. This information is usually indexed by virtue of the husband's name, or the first name that appears on the conveying deed.It is important to understand that an asset search does not automatically search property held in the name of a wife unless the asset search is specifically ordered on the wife's name. If so, the wife's name would then be included as a primary search name (parameter), and assets held in the wife's name would then be covered. Quite simply, an asset search on a husband should usually also reveal information on spousal assets held jointly, but not necessarily include assets held by the wife individually or as sole owner, or under different name styles such as aliases or maiden names.Vehicle Searches: Searches should be conducted of the applicable states Department of Motor Vehicles to identify all vehicles owned under the name and address given to the state repository for search purposes. Several states do not provide this service, as the tax registration responsibility for vehicular ownership rests with a county or parish jurisdiction. Where states will not provide this information, the applicable jurisdiction or jurisdictions should be researched to determine if vehicles are owned by the name given as primary search parameter. It is also important to understand that most assets search requests are not only based upon single name searches, but usually single jurisdiction searches as well.Some examiners may feel justified in providing additional "over-the-county-line" information in order to bolster the information developed without an additional asset search. However, single county or parish jurisdictions should be expected as an industry standard. Analyze credit reports to determine if current outstanding) and/or previous loans may have existed, linking this type of asset to the subject. Many times vehicular, vessel, and aircraft assets are not identified through standard search parameters, but are identified if the subject may have the asset registered in a different jurisdiction; if the asset may be registered under different name; or if the subject may be a guarantor on the loan.Vessel Ownership: There are three possible forms of accessing vessel ownership information. The first is on a state-by-state basis at the Departments of Motor Vehicles. The second is at the county or parish level. The third is a search of the U.S. Coast Guard's Watercraft Index, a nationwide repository of registered vessels over a certain length. Depending upon the location of the asset search to be conducted, one or all of these methods should be utilized.Aircraft Ownership: Other than by "intelligence" information which may have been submitted to the institution at the outset of the credit qualification process, the only method of developing aircraft registration information is to perform an FAA
Airman's Search to determine if an FAA Pilot's license has been issued, and/or if an individual has an aircraft registered in his or her name within the Federal Aviation Administration's files. As with the vessel ownership search through the
U.S. Coast Guard Watercraft registration, there is only one national root repository that makes this service available. The service is resold through other database repositories, yet it is advised that the "root" repository be utilized in order to minimize data transfer/loss from vendor to vendor.Banking Information: Bank account searches may be the world's "second-oldest profession." There is no specific way to access bank account information, other than by a multitude of artistic pursuits including the development of information within a consumer's credit history; director contact with a banking institution; the use of sources in the U.S. Federal Reserve Clearinghouse System; or by sources and contacts developed by the fraud examiner with local, state, or national banking institutions.This is truly the "art and science' of an asset search, in that the ability to successfully identify banks rests heavily with the fraud examiner's prowess in this arena.The standard guidelines for bank account searches are "exact name basis only" searches, with less emphasis placed on jurisdictional lines, since most bank account searches are developed via intelligence leads. In many instances, an asset search will refer "no record found" to a banking institution under an exact subject name.The subject's name may appear as a signatory on an alternate account, possibly under the name of a disclosed or undisclosed entity, or as a signatory on an account held under the name of another. Bank accounts will not usually be disclosed in this fashion. Unauthorized information pertaining to a no searched consumer could compromise that person's privacy under federal privacy laws, the FCRA and the CCPA, as well as many other statutes.It is safe to say that most agencies are quick to obtain at least some banking information. This should rest with the successful Write of Execution language, constructed by counsel as served upon the institution's regional administrative and/or corporate offices (for examples send a request to tomlawson@apscreen.com).In Part 2 of this article, we'll look at other financial and business information that should be gathered during an asset search, liability-related data which impacts the subject's net worth as well as other information.Thomas C. Lawson, CFE, CII is President and Founder of APSCREEN International, the world's leading full service Consumer Reporting Agency since 1980. Lawson is called "one of the real pros" as he has helped to reshape laws including those for employment screening, permissible credit reporting, asset discovery and fraud examination. Tom is a Life Member of: ACFE, ASIS, SHRM, PIHRA, PNRRA, PRRN, CII, WAD, WIN, FCAOC and OCEMA.
Keyword : asset search, asset recovery
As certified fraud examiners (CFE), we all know the nuts and bolts of our respective areas of specialty, and hopefully, we are all growing professionally at an astounding pace. Crime does, unfortunately, pay – just not for the criminal.After conducting asset research for over 14 years for such demanding institutions as FDIC, FSLIC, and RTC, as well as major hotels and casinos in the gaming industry, property management firms, and many of the nation's larger law firms, one thing that has emerged is a distinct lack of information – not about the type of items searched, but the depth and quality of other searches. In cutting to the chase, the following is the result of the compilation of asset search guidelines, and should serve to assist in setting at least a baseline standard for developing a viable domestic asset search strategy.Subject IdentificationPrior to beginning the acquisition of information on any subject of an asset search, the subject should be properly identified. Studies have shown that as much as 30% of the American population uses undisclosed aliases and/or "akas" to conduct and transact various levels of personal and professional business. This statistic does not take into account the existence of corporate, DBA and/or partnership entity names, which are created to transact the various forms of business on behalf of the principals of said entity. To properly identify a non-corporate subject, the following minimum recommendations are made for non-law enforcement environments: Obtain credit reports from the three major credit bureaus, per Fair Credit Reporting Act (FCRA) requirements.However, make sure that obtaining the reports is in compliance with permissible purposes as defined in Public Law 91- 508, Title VI (FCRA), to avoid tainting your pursuit should the matter ever be litigated. Remember, in the context of this discussion, we are focused on asset searches as recovery medium, and the basic assumption is that the asset search has already been determined to be sanctionable. This could be determined, for example, by a loan in default, a judgment that has been rendered, or a court order obtained for the release of the credit information in cases that are not clearly defined under the FCRA.Remember this simple guideline: credit reports are legal post-judgment, for purposes of collection, and/or where consent has been given somewhere in the stream of the creditor/debtor relationship. In the case of a receivership institution
(i.e., where a director is being scrutinized for alleged conversion of assets), consent may also have been given for a credit history during pre-employment evaluation or as a policy-based condition of employment.This is referred to as "extended consent," and constitutes valid use, especially in matters where a criminal investigation is under way, and where the conversion of assets is factually alleged as the result of a forensic audit or proven by admission. Be careful, though, as "extended consent" from the employment perspective is still a gray area under the law. The following two items are available from credit bureaus and their sub-vendors but have less coverage extended to them under the FCRA, yet the "FCRA compliance attitude" should be used when accessing them:* Obtain social security traces from the three major credit bureaus.* Obtain address update/credit report header information from the three major credit bureaus.* Obtain voter registration information for the applicable jurisdiction germane to the primary, or most recent, residence of the subject. Some states have compiled voter data through private repositories, which should be checked for movement.Match the information obtained through the independent sources to the information presented by the candidate in the form of the credit application with
the institution, and/or the information developed independently by the institution in the initial credit qualification process.Many other methods of identification exist, but the above represents the very least that should be done. The reason for obtaining the information from all three bureaus, instead of only one, is to develop any alias and/or aka data, as well as current addresses (not specified), and/or any additional addresses that may provide venue data. This will assist the asset searcher in determining whether to advise the client to proceed with asset discovery in additional areas unknown to the client at the time the asset search was requested.Address verifications are usually difficult without a physical inspection of the address in question, including a visual identification of the subject entering and/or leaving the address. Address information that is cross-referenced and verifiable through the major credit bureau repositories is usually presented in an asset search, and in most cases is very reliable.To discover the current telephone number of the subject, methods available to the fraud examiner include nationwide telephone directories, criss-cross directories, directory assistance contact, and attempts at contact existing telephone numbers known by the client. There are other methods of telephone number development available. However, these methods should not be utilized by a CFE in order to avoid tainting the legality of the pursuit, in the even that litigation is ultimate undertaken.Assets DeterminationAssets determination usually constitutes an integration of certain liability data to offset the assets "worth" in order to arrive at a net equity position. This is especially true in identifying and analyzing real property assets. There are multiple forms of asset determination, which are described as follows: RealProperty Ownership: A search should be conducted of the applicable county jurisdiction. The exception is in California where a statewide assessor's index is available, usually through the "lien date" of the prior year. This repository is made available through a private company, and is in no way sanctioned by any public jurisdiction. For traditional searches throughout the rest of the U.S., per jurisdiction research is conducted at the assessor's office to determine if the name exists on the assessor's roll, and/or if the known property (address) crosses-verifies to the suspect owner.A search of the applicable jurisdiction's Recorder's Grantee/Grantor index (or general index as it may also be known) is then undertaken to determine if the property is still vested to the subject, and if any open Deeds of Trust and other liens exist which identify liabilities against the property. The search in the recorder's venue should also identify (in jurisdictions where this is possible) the
Documentary Transfer Tax Stamp amount, which should be divided by the applicable factor.This yields a sales price for the property, which should then be scrutinized by contacting a local realtor to verify the current market value. This "thumbnail" market value determination would then be subtracted from the outstanding Deeds of Trust (encumbrances) for a net equity value of the property.Additional research of real property ownership comes in the form of updating the assessor's rolls through the recorder's offices to determine if the subject's name has come into title to additional parcels of property, subsequent to the "lien date" of the assessor's records, which is in many jurisdictions up to sixty to ninety days old.The searches in the recorder's offices should also identify recent transfers of ownership of an individual's real property, wherein the ownership may have been transferred to a family member, closely held corporation, or other entity. Based upon the guidelines established by the client, the searches can be permutated to include additional research on additional names developed during the study, which the examiner may feel has a direct relationship to the subject of the report. It is important to note that asset searches are usually requested on specific names of individuals, and it is an industry standard of practice to conduct the research on the specific subject name. Competent investigative agencies contact the client in some way to disclose additional names discovered during the searches.Searches should also include information developed on real property assets jointly held in the name of the husband and wife. This information is usually indexed by virtue of the husband's name, or the first name that appears on the conveying deed.It is important to understand that an asset search does not automatically search property held in the name of a wife unless the asset search is specifically ordered on the wife's name. If so, the wife's name would then be included as a primary search name (parameter), and assets held in the wife's name would then be covered. Quite simply, an asset search on a husband should usually also reveal information on spousal assets held jointly, but not necessarily include assets held by the wife individually or as sole owner, or under different name styles such as aliases or maiden names.Vehicle Searches: Searches should be conducted of the applicable states Department of Motor Vehicles to identify all vehicles owned under the name and address given to the state repository for search purposes. Several states do not provide this service, as the tax registration responsibility for vehicular ownership rests with a county or parish jurisdiction. Where states will not provide this information, the applicable jurisdiction or jurisdictions should be researched to determine if vehicles are owned by the name given as primary search parameter. It is also important to understand that most assets search requests are not only based upon single name searches, but usually single jurisdiction searches as well.Some examiners may feel justified in providing additional "over-the-county-line" information in order to bolster the information developed without an additional asset search. However, single county or parish jurisdictions should be expected as an industry standard. Analyze credit reports to determine if current outstanding) and/or previous loans may have existed, linking this type of asset to the subject. Many times vehicular, vessel, and aircraft assets are not identified through standard search parameters, but are identified if the subject may have the asset registered in a different jurisdiction; if the asset may be registered under different name; or if the subject may be a guarantor on the loan.Vessel Ownership: There are three possible forms of accessing vessel ownership information. The first is on a state-by-state basis at the Departments of Motor Vehicles. The second is at the county or parish level. The third is a search of the U.S. Coast Guard's Watercraft Index, a nationwide repository of registered vessels over a certain length. Depending upon the location of the asset search to be conducted, one or all of these methods should be utilized.Aircraft Ownership: Other than by "intelligence" information which may have been submitted to the institution at the outset of the credit qualification process, the only method of developing aircraft registration information is to perform an FAA
Airman's Search to determine if an FAA Pilot's license has been issued, and/or if an individual has an aircraft registered in his or her name within the Federal Aviation Administration's files. As with the vessel ownership search through the
U.S. Coast Guard Watercraft registration, there is only one national root repository that makes this service available. The service is resold through other database repositories, yet it is advised that the "root" repository be utilized in order to minimize data transfer/loss from vendor to vendor.Banking Information: Bank account searches may be the world's "second-oldest profession." There is no specific way to access bank account information, other than by a multitude of artistic pursuits including the development of information within a consumer's credit history; director contact with a banking institution; the use of sources in the U.S. Federal Reserve Clearinghouse System; or by sources and contacts developed by the fraud examiner with local, state, or national banking institutions.This is truly the "art and science' of an asset search, in that the ability to successfully identify banks rests heavily with the fraud examiner's prowess in this arena.The standard guidelines for bank account searches are "exact name basis only" searches, with less emphasis placed on jurisdictional lines, since most bank account searches are developed via intelligence leads. In many instances, an asset search will refer "no record found" to a banking institution under an exact subject name.The subject's name may appear as a signatory on an alternate account, possibly under the name of a disclosed or undisclosed entity, or as a signatory on an account held under the name of another. Bank accounts will not usually be disclosed in this fashion. Unauthorized information pertaining to a no searched consumer could compromise that person's privacy under federal privacy laws, the FCRA and the CCPA, as well as many other statutes.It is safe to say that most agencies are quick to obtain at least some banking information. This should rest with the successful Write of Execution language, constructed by counsel as served upon the institution's regional administrative and/or corporate offices (for examples send a request to tomlawson@apscreen.com).In Part 2 of this article, we'll look at other financial and business information that should be gathered during an asset search, liability-related data which impacts the subject's net worth as well as other information.Thomas C. Lawson, CFE, CII is President and Founder of APSCREEN International, the world's leading full service Consumer Reporting Agency since 1980. Lawson is called "one of the real pros" as he has helped to reshape laws including those for employment screening, permissible credit reporting, asset discovery and fraud examination. Tom is a Life Member of: ACFE, ASIS, SHRM, PIHRA, PNRRA, PRRN, CII, WAD, WIN, FCAOC and OCEMA.
Keyword : asset search, asset recovery
Practical vs. Legal - Getting Model and Property Releases
Author : Carolyn Wright
Depending on the circumstance, a model or property release may not be legally necessary. But getting one never hurts and it may help. It may make some people think that they can't sue you (they can, even if their cause of action is bogus). If they do sue you, having a release may shorten the litigation and it could help you win. Even when you win, though, your defense fees can be costly.In those situations when a release is not required, other legal issues may be presented when photographing a person, an animal or other property. These include trespassing, trademark, false light or invasion of privacy. All of this can get confusing. That's also why it's dangerous to take anecdotal advice.For example, if one person has a fashion shoot in a national park and needs a permit, it does not mean that all professional photographers who shoot in a national park need a permit. While some stock agencies may require a property release for an animal photo, it does not mean that it's legally required. It means that they are being cautious in this litigious society.I recently photographed some huskies at a public park. I wasn't trespassing on public property, the dogs are not trademarked and I did not misrepresent them (also known as "false light") in my photos. Further, since animals don't have privacy rights like humans do, I did not need to get a model or property release from their owner. But I got one anyway. I asked the owner in writing for permission to use the photos. I did that that only to keep the owner from getting upset and to avoid any hassle with a stock or advertising agency.What is often practical is not always legally required. To figure out the differences and to make the best decisions about what to do, talk to an attorney to discuss your particular situations.Take my advice; get professional help.PhotoAttorneyCopyright 2005 Carolyn E. Wright All Rights Reserved--- ABOUT THE AUTHOR ---Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at the needs of photographers. A pro photographer herself, Carolyn has the credentials and the experience to protect photographers. She's represented clients in multimillion dollar litigations, but also has the desire to help new photographers just starting their careers. Carolyn graduated from Emory University School of Law with a Juris Doctor, and from Tennessee Tech Univ. with a Masters of Business Administration degree and a Bachelor of Science degree in music.She wrote the book on photography law. "88 Secrets to the Law for Photographers," by Carolyn and well-known professional photographer, Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain School Press. Carolyn also is a columnist for PhotoFocus Magazine.Carolyn specializes in wildlife photography and her legal website is http://www.photoattorney.com
Keyword : photograph, model, property, release, permission, defense, lawsuit, law, permit, suit, sue
Depending on the circumstance, a model or property release may not be legally necessary. But getting one never hurts and it may help. It may make some people think that they can't sue you (they can, even if their cause of action is bogus). If they do sue you, having a release may shorten the litigation and it could help you win. Even when you win, though, your defense fees can be costly.In those situations when a release is not required, other legal issues may be presented when photographing a person, an animal or other property. These include trespassing, trademark, false light or invasion of privacy. All of this can get confusing. That's also why it's dangerous to take anecdotal advice.For example, if one person has a fashion shoot in a national park and needs a permit, it does not mean that all professional photographers who shoot in a national park need a permit. While some stock agencies may require a property release for an animal photo, it does not mean that it's legally required. It means that they are being cautious in this litigious society.I recently photographed some huskies at a public park. I wasn't trespassing on public property, the dogs are not trademarked and I did not misrepresent them (also known as "false light") in my photos. Further, since animals don't have privacy rights like humans do, I did not need to get a model or property release from their owner. But I got one anyway. I asked the owner in writing for permission to use the photos. I did that that only to keep the owner from getting upset and to avoid any hassle with a stock or advertising agency.What is often practical is not always legally required. To figure out the differences and to make the best decisions about what to do, talk to an attorney to discuss your particular situations.Take my advice; get professional help.PhotoAttorneyCopyright 2005 Carolyn E. Wright All Rights Reserved--- ABOUT THE AUTHOR ---Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at the needs of photographers. A pro photographer herself, Carolyn has the credentials and the experience to protect photographers. She's represented clients in multimillion dollar litigations, but also has the desire to help new photographers just starting their careers. Carolyn graduated from Emory University School of Law with a Juris Doctor, and from Tennessee Tech Univ. with a Masters of Business Administration degree and a Bachelor of Science degree in music.She wrote the book on photography law. "88 Secrets to the Law for Photographers," by Carolyn and well-known professional photographer, Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain School Press. Carolyn also is a columnist for PhotoFocus Magazine.Carolyn specializes in wildlife photography and her legal website is http://www.photoattorney.com
Keyword : photograph, model, property, release, permission, defense, lawsuit, law, permit, suit, sue
Maritime Admiralty Law: A Short History
Author : Anna Henningsgaard
Maritime law is a legal body that regulates ships and shipping. As sea-borne transportation is one of the most ancient channels of commerce, rules for maritime and trade disputes developed very early in recorded history. Modern admiralty law, often called simply admiralty or maritime law, has its origins in the classical Rhodian law. No primary written specimen of the Rhodian law has survived, but it is alluded to in Roman and Byzantine legal codes as well as the customs of the Hanseatic League, the dominant trading power of the Middle Ages and Early Modern eras.While traveling the eastern Mediterranean on the Crusades with her first husband,
King Louis VII of France, Eleanor of Aquitaine discovered a complicated and
advanced system of admiralty law. She brought back this admiralty law and
administered it upon her people on the island of Oleron. Later, while acting as
regent for her son King Richard the Lionheart in England she founded the British
system of admiralty law. In England, special admiralty courts handle all admiralty
cases. The courts do not use the common law of England.In this same way, admiralty or maritime law is distinct from standard land-based
laws even today. Even within another country's claimed waters, admiralty law states
that a ship's flag dictates the law. This means that a Canadian ship in American
waters would be subject to Canadian law and crimes committed on board that ship
would stand trial in Canada. In the United States the Supreme Court is the highest
court of appeals for admiralty cases, though they rarely progress beyond the state
level. United States, admiralty law is of limited jurisdiction, so it is up to the judges
to assign verdicts based on a combination of admiralty and specific state law.Because admiralty law is such a complicated set of laws, with a rich history and
specific cases and implementation, many lawyers focus specifically on the field of
admiralty law. If you have a case that falls into this category, your regular personal
attorney may not be able to help. The specific circumstances of admiralty
jurisdiction make it prudent, and perhaps necessary, that you hire a specific
admiralty lawyer.If you have more questions, contact a maritime lawyer or read maritime law press releases at http://www.hugesettlements.com. If you use this article, please include these links.
Keyword : maritime law, admiralty law, lawyer, attorney, sea, ship, injury, offshore injury, law
Maritime law is a legal body that regulates ships and shipping. As sea-borne transportation is one of the most ancient channels of commerce, rules for maritime and trade disputes developed very early in recorded history. Modern admiralty law, often called simply admiralty or maritime law, has its origins in the classical Rhodian law. No primary written specimen of the Rhodian law has survived, but it is alluded to in Roman and Byzantine legal codes as well as the customs of the Hanseatic League, the dominant trading power of the Middle Ages and Early Modern eras.While traveling the eastern Mediterranean on the Crusades with her first husband,
King Louis VII of France, Eleanor of Aquitaine discovered a complicated and
advanced system of admiralty law. She brought back this admiralty law and
administered it upon her people on the island of Oleron. Later, while acting as
regent for her son King Richard the Lionheart in England she founded the British
system of admiralty law. In England, special admiralty courts handle all admiralty
cases. The courts do not use the common law of England.In this same way, admiralty or maritime law is distinct from standard land-based
laws even today. Even within another country's claimed waters, admiralty law states
that a ship's flag dictates the law. This means that a Canadian ship in American
waters would be subject to Canadian law and crimes committed on board that ship
would stand trial in Canada. In the United States the Supreme Court is the highest
court of appeals for admiralty cases, though they rarely progress beyond the state
level. United States, admiralty law is of limited jurisdiction, so it is up to the judges
to assign verdicts based on a combination of admiralty and specific state law.Because admiralty law is such a complicated set of laws, with a rich history and
specific cases and implementation, many lawyers focus specifically on the field of
admiralty law. If you have a case that falls into this category, your regular personal
attorney may not be able to help. The specific circumstances of admiralty
jurisdiction make it prudent, and perhaps necessary, that you hire a specific
admiralty lawyer.If you have more questions, contact a maritime lawyer or read maritime law press releases at http://www.hugesettlements.com. If you use this article, please include these links.
Keyword : maritime law, admiralty law, lawyer, attorney, sea, ship, injury, offshore injury, law
Filing a Civil Lawsuit for Sexual Harassment
Author : Gil Mart Abareta
At present, there are lots of sexual harassment victims who never come forward and report this crime. Many states have special rules for lawsuits brought by adults who suffered sexual abuse as a child. Sometimes, state laws extend the time period during which an adult can bring such a lawsuit. This is popularly known as statute of limitations. It is often difficult to win such cases, as any evidence of the incident/s and damages has faded during the time the child is growing up.Sexual abuse is a term used when an unlawful sexual contact or other kinds of sex-related impropriety happens between a child and an adult, or a young child and a much older child. When your child has been sexually abused, you can bring a civil lawsuit against the abuser and report the behavior as a crime. While a child is still a minor, the child's parent or guardian must bring a lawsuit on the child's behalf. After a child becomes an adult, the adult child may bring the lawsuit.Some of the possible reasons for these cases include the grooming techniques an offender uses to make the victim feel as if he or she was an active participant in the abuse itself; the victim of sexual abuse may be very aware that people may doubt his/her disclosure, their character, their choices, and because of this perception, they may not disclose.Investigators, juries, judges, prosecutors and everyone else must understand that rape victims, immediately following the assault, may not react with all of their normal faculties. When someone suffers a traumatic event, it may take a while for your head to clear and your heart rate to return to normal.Child abuse laws in most states require the people who know the incident to report the abuse to authorities. Teachers, doctors and police are usually required by law to report evidence of child abuse. A person violating these laws and failing to report the sexual abuse of a child may also be liable to the child for the injuries suffered by the child.Many victims of sexual abuse do fully recover. This is not to suggest that they ever forget about what occurred, because they do not. However, they can, with the help of family, friends, and professionals, go on with their lives and be happy again. And, it is very important that when a victim of sexual abuse comes forth and reports the crime to family, friends, law enforcement, and others, that he or she be listened to in the sincerest fashion possible.For your questions and suggestions and for more information regarding this article, log-on to http://www.personalinjurylawyerinc.com
Keyword : sexual, harassment, civil, lawsuit
At present, there are lots of sexual harassment victims who never come forward and report this crime. Many states have special rules for lawsuits brought by adults who suffered sexual abuse as a child. Sometimes, state laws extend the time period during which an adult can bring such a lawsuit. This is popularly known as statute of limitations. It is often difficult to win such cases, as any evidence of the incident/s and damages has faded during the time the child is growing up.Sexual abuse is a term used when an unlawful sexual contact or other kinds of sex-related impropriety happens between a child and an adult, or a young child and a much older child. When your child has been sexually abused, you can bring a civil lawsuit against the abuser and report the behavior as a crime. While a child is still a minor, the child's parent or guardian must bring a lawsuit on the child's behalf. After a child becomes an adult, the adult child may bring the lawsuit.Some of the possible reasons for these cases include the grooming techniques an offender uses to make the victim feel as if he or she was an active participant in the abuse itself; the victim of sexual abuse may be very aware that people may doubt his/her disclosure, their character, their choices, and because of this perception, they may not disclose.Investigators, juries, judges, prosecutors and everyone else must understand that rape victims, immediately following the assault, may not react with all of their normal faculties. When someone suffers a traumatic event, it may take a while for your head to clear and your heart rate to return to normal.Child abuse laws in most states require the people who know the incident to report the abuse to authorities. Teachers, doctors and police are usually required by law to report evidence of child abuse. A person violating these laws and failing to report the sexual abuse of a child may also be liable to the child for the injuries suffered by the child.Many victims of sexual abuse do fully recover. This is not to suggest that they ever forget about what occurred, because they do not. However, they can, with the help of family, friends, and professionals, go on with their lives and be happy again. And, it is very important that when a victim of sexual abuse comes forth and reports the crime to family, friends, law enforcement, and others, that he or she be listened to in the sincerest fashion possible.For your questions and suggestions and for more information regarding this article, log-on to http://www.personalinjurylawyerinc.com
Keyword : sexual, harassment, civil, lawsuit
The "Mcdonald's Coffee" Case
Author : Wayne Walker
In one of the most widely misreported and misunderstood cases in recent memory, a Albuquerque, New Mexico jury awarded 79 year-old Stella Liebeck $2.9 million for severe burns suffered after she spilled a cup of McDonald's coffee, which she had placed between her knees.The jury's award was for $200,000 in compensatory damages and $2.7 million for punitive damages (because of McDonald's callous conduct). The jury also found Mrs. Liebeck 20% negligent, reducing the compensatory damages to $160,000. The trial judge also reduced the punitive damages to $480,000.
Mrs. Liebeck did not receive $2.9 million, or $2.86 million, or $740,000. The parties entered a post-verdict settlement for a undisclosed amount.(States have different legal standards with respect to negligence. New Mexico uses a comparative negligence rule, which assigns blame and, therefore, judgments proportionally. Other states such as North Carolina use a contributory negligence standard, which bars a plaintiff from recovery if their actions contributed even 1% to the accident!)THE FACTS OF THE CASEMrs. Liebeck, while a passenger in her grandson's car, purchased a cup of coffee at the drive-thru window at McDonalds. While the car was stopped, she placed the cup securely between her knees and attempted to remove the lid. The cup accidentally tipped over and poured the scalding (180-190¡ Fahrenheit) hot water onto her lap.She suffered third-degree burns over 16 percent of her body. During her eight day hospitalization she underwent skin grafting and painful whirlpool treatment for debridement (removal of damaged tissue) of her wounds. She has extensive scarring and was disabled for more than two years.Despite these very painful and debilitating injuries and their expensive medical treatment, Mrs. Liebeck offered to settle with McDonald's for $20,000.McDonald's refused to settle and the case went to trial.FACTS PRESENTED AT TRAILThe jury heard the following evidence in the case:• McDonalds's coffee sales are $1.3 million per day.• By corporate specifications, McDonald's sells its coffee at 180 to 190 degrees Fahrenheit; Coffee at that temperature, if spilled, causes third-degree burns (the skin is burned away down to the muscle/fatty-tissue layer) in two to seven seconds; Third-degree burns do not heal without skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability of the victim for many months, and in some cases, years;• The chairman of the department of mechanical engineering and bio-mechanical engineering at the University of Texas testified that this risk of harm is unacceptable, as did a widely recognized expert on burns, the editor in chief of the leading scholarly publication in the specialty, the Journal of Burn Care and Rehabilitation;• McDonald's admitted that it has known about the risk of serious burns from its scalding hot coffee for more than 10 years -- the risk was brought to its attention through numerous other claims and suits, to no avail;• From 1982 to 1992, McDonald's coffee burned more than 700 people, many receiving severe burns to the genital area, perineum, inner thighs, and buttocks;• Not only men and women, but also children and infants, have been burned by McDonald's scalding hot coffee, in some instances due to inadvertent spillage by McDonald's employees;• At least one woman had coffee dropped in her lap through the service window, causing third-degree burns to her inner thighs and other sensitive areas, which resulted in disability for years;• Witnesses for McDonald's admitted in court that consumers are unaware of the extent of the risk of serious burns from spilled coffee served at McDonald's required temperature;• McDonald's admitted that it did not warn customers of the nature and extent of this risk and could offer no explanation as to why it did not;• McDonald's witnesses testified that it did not intend to turn down the heat -- As one witness put it: "No, there is no current plan to change the procedure that we're using in that regard right now;"• McDonald's admitted that its coffee is "not fit for consumption" when sold because it causes severe scalds if spilled or drunk;• Liebeck's treating physician testified that her injury was one of the worst scald burns he had ever seen.• Moreover, the Shriner's Burn Institute in Cincinnati had published warnings to the franchise food industry that its members were unnecessarily causing serious scald burns by serving beverages above 130 degrees Fahrenheit.In refusing to grant a new trial in the case, Judge Robert Scott called McDonald's behavior "callous." Moreover, "the day after the verdict, the news media documented that coffee at the McDonald's in Albuquerque [where Liebeck was burned] is now sold at 158 degrees. This will cause third-degree burns in about 60 seconds, rather than in two to seven seconds [so that], the margin of safety has been increased as a direct consequence of this verdict."By Wayne C Walker, President of Capital Transaction Group Inc. a leader in litigation financial services – www.captran.com.This information is opinion and not intended to be legal advice. Readers should not act on this information without seeking the advice of a competent attorney.
© 2003 CapTranBy Wayne C Walker, President of Capital Transaction Group Inc. a leader in litigation financial services – http://www.captran.com.
Keyword : McDonalds,personal injury,lawsuit,jury,negligence
In one of the most widely misreported and misunderstood cases in recent memory, a Albuquerque, New Mexico jury awarded 79 year-old Stella Liebeck $2.9 million for severe burns suffered after she spilled a cup of McDonald's coffee, which she had placed between her knees.The jury's award was for $200,000 in compensatory damages and $2.7 million for punitive damages (because of McDonald's callous conduct). The jury also found Mrs. Liebeck 20% negligent, reducing the compensatory damages to $160,000. The trial judge also reduced the punitive damages to $480,000.
Mrs. Liebeck did not receive $2.9 million, or $2.86 million, or $740,000. The parties entered a post-verdict settlement for a undisclosed amount.(States have different legal standards with respect to negligence. New Mexico uses a comparative negligence rule, which assigns blame and, therefore, judgments proportionally. Other states such as North Carolina use a contributory negligence standard, which bars a plaintiff from recovery if their actions contributed even 1% to the accident!)THE FACTS OF THE CASEMrs. Liebeck, while a passenger in her grandson's car, purchased a cup of coffee at the drive-thru window at McDonalds. While the car was stopped, she placed the cup securely between her knees and attempted to remove the lid. The cup accidentally tipped over and poured the scalding (180-190¡ Fahrenheit) hot water onto her lap.She suffered third-degree burns over 16 percent of her body. During her eight day hospitalization she underwent skin grafting and painful whirlpool treatment for debridement (removal of damaged tissue) of her wounds. She has extensive scarring and was disabled for more than two years.Despite these very painful and debilitating injuries and their expensive medical treatment, Mrs. Liebeck offered to settle with McDonald's for $20,000.McDonald's refused to settle and the case went to trial.FACTS PRESENTED AT TRAILThe jury heard the following evidence in the case:• McDonalds's coffee sales are $1.3 million per day.• By corporate specifications, McDonald's sells its coffee at 180 to 190 degrees Fahrenheit; Coffee at that temperature, if spilled, causes third-degree burns (the skin is burned away down to the muscle/fatty-tissue layer) in two to seven seconds; Third-degree burns do not heal without skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability of the victim for many months, and in some cases, years;• The chairman of the department of mechanical engineering and bio-mechanical engineering at the University of Texas testified that this risk of harm is unacceptable, as did a widely recognized expert on burns, the editor in chief of the leading scholarly publication in the specialty, the Journal of Burn Care and Rehabilitation;• McDonald's admitted that it has known about the risk of serious burns from its scalding hot coffee for more than 10 years -- the risk was brought to its attention through numerous other claims and suits, to no avail;• From 1982 to 1992, McDonald's coffee burned more than 700 people, many receiving severe burns to the genital area, perineum, inner thighs, and buttocks;• Not only men and women, but also children and infants, have been burned by McDonald's scalding hot coffee, in some instances due to inadvertent spillage by McDonald's employees;• At least one woman had coffee dropped in her lap through the service window, causing third-degree burns to her inner thighs and other sensitive areas, which resulted in disability for years;• Witnesses for McDonald's admitted in court that consumers are unaware of the extent of the risk of serious burns from spilled coffee served at McDonald's required temperature;• McDonald's admitted that it did not warn customers of the nature and extent of this risk and could offer no explanation as to why it did not;• McDonald's witnesses testified that it did not intend to turn down the heat -- As one witness put it: "No, there is no current plan to change the procedure that we're using in that regard right now;"• McDonald's admitted that its coffee is "not fit for consumption" when sold because it causes severe scalds if spilled or drunk;• Liebeck's treating physician testified that her injury was one of the worst scald burns he had ever seen.• Moreover, the Shriner's Burn Institute in Cincinnati had published warnings to the franchise food industry that its members were unnecessarily causing serious scald burns by serving beverages above 130 degrees Fahrenheit.In refusing to grant a new trial in the case, Judge Robert Scott called McDonald's behavior "callous." Moreover, "the day after the verdict, the news media documented that coffee at the McDonald's in Albuquerque [where Liebeck was burned] is now sold at 158 degrees. This will cause third-degree burns in about 60 seconds, rather than in two to seven seconds [so that], the margin of safety has been increased as a direct consequence of this verdict."By Wayne C Walker, President of Capital Transaction Group Inc. a leader in litigation financial services – www.captran.com.This information is opinion and not intended to be legal advice. Readers should not act on this information without seeking the advice of a competent attorney.
© 2003 CapTranBy Wayne C Walker, President of Capital Transaction Group Inc. a leader in litigation financial services – http://www.captran.com.
Keyword : McDonalds,personal injury,lawsuit,jury,negligence
Injured in a Bicycle Accident in Los Angeles?
Author : Dave Hoffman
Have you, or someone you know, been injured in an accident involving a bicycle? Not sure what to do? Here's is a guide to some things that you should know when looking for bicycle accident lawyers Los Angeles.If you or a family member was injured or killed in an accident involving a bicycle, you may be able to recover damages, with bicycle accident lawyers Los Angelos. Assuming the other party was at fault, you can bring a suit of negligence against them. Negligent parties can include automobile drivers, bus drivers, as well as bicycle manufacturers and the makers of bicycle parts. Other negligent partied can include the State and the City of Los Angeles, for not properly maintaining the roads, which can sometimes contribute to accidents. If you have recently had your bike repaired, the mechanic that conducted the work could also be implicated and found negligent. Likewise, private property owners can also be held negligent for improper upkeep of property, if it leads to an accident.When deciding to sue someone for negligence leading to an accident, it is important to be aware of what your rights are as a cyclist. Bicycles in Los Angeles are considered vehicles and bicycle accidents are to be treated as vehicular accidents. The State of California has many law regarding cyclists, many pertaining to the use of alcohol and drugs and riding, which you will be held accountable for. So, remember, if you have infringed any laws pertaining to the use of alcohol or drugs, you may well be found to be at fault. In some cases, it is possible to be charged with DUI and you may jeopardise your driver's license.Being involved in an accident on your bicycle can be a stressful and frightening experience. However, if you believe that the accident was the result of another's negligence, it is important to seek legal advice from bicycle accident lawyers Los Angeles. You may be entitled to damages.Dave Hoffman is the founder of Personal Injury Atorneys a website providing information on personal injury law.
Keyword : injury law
Have you, or someone you know, been injured in an accident involving a bicycle? Not sure what to do? Here's is a guide to some things that you should know when looking for bicycle accident lawyers Los Angeles.If you or a family member was injured or killed in an accident involving a bicycle, you may be able to recover damages, with bicycle accident lawyers Los Angelos. Assuming the other party was at fault, you can bring a suit of negligence against them. Negligent parties can include automobile drivers, bus drivers, as well as bicycle manufacturers and the makers of bicycle parts. Other negligent partied can include the State and the City of Los Angeles, for not properly maintaining the roads, which can sometimes contribute to accidents. If you have recently had your bike repaired, the mechanic that conducted the work could also be implicated and found negligent. Likewise, private property owners can also be held negligent for improper upkeep of property, if it leads to an accident.When deciding to sue someone for negligence leading to an accident, it is important to be aware of what your rights are as a cyclist. Bicycles in Los Angeles are considered vehicles and bicycle accidents are to be treated as vehicular accidents. The State of California has many law regarding cyclists, many pertaining to the use of alcohol and drugs and riding, which you will be held accountable for. So, remember, if you have infringed any laws pertaining to the use of alcohol or drugs, you may well be found to be at fault. In some cases, it is possible to be charged with DUI and you may jeopardise your driver's license.Being involved in an accident on your bicycle can be a stressful and frightening experience. However, if you believe that the accident was the result of another's negligence, it is important to seek legal advice from bicycle accident lawyers Los Angeles. You may be entitled to damages.Dave Hoffman is the founder of Personal Injury Atorneys a website providing information on personal injury law.
Keyword : injury law
Why Are Some Settlements Confidential?
Author : Gerry Oginski
Q: Why are some settlements confidential?A: In some cases, insurance companies may offer a settlement before trial. Sometimes, in an effort to resolve the case, as an incentive they will offer an amount of money that is acceptable to the injured victim. But, in some instances, the insurance company wants an assurance that the terms of the settlement are not revealed.They do this for two reasons. Neither one of which is out of the goodness of their heart. The first reason is that they don't want publicity associated with a settlement. Publicity about an insurance company paying money to an injured victim is never good for them especially since they earn their money by KEEPING their money, not giving it away.Second, is that other attorneys with similar cases will never learn that the insurance company paid out a certain amount is a specific type of case. So, when the next lawyer tries to negotiate a case with the insurance company, he or she won't be able to say "You paid 'x' dollars on the Jones case, so therefore you have to pay at least that amount on this case."Sometimes, the only way an insurance company will offer such a settlement is on the condition that the terms of the agreement be confidential. Otherwise, there might be no settlement, and the case would proceed to trial.A client might be willing to agree to this restriction if it were in their best interests. Some clients want to publicize the damage and injuries they suffered as well as any compensation they received for their injuries. In that instance a confidential settlement agreement would not be advisable.Attorney Oginski has been in practice for over 16 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.
Keyword : Settlement, confidential, money settlelment, verdict, injuries, injury, malpractice, lawyer, settle
Q: Why are some settlements confidential?A: In some cases, insurance companies may offer a settlement before trial. Sometimes, in an effort to resolve the case, as an incentive they will offer an amount of money that is acceptable to the injured victim. But, in some instances, the insurance company wants an assurance that the terms of the settlement are not revealed.They do this for two reasons. Neither one of which is out of the goodness of their heart. The first reason is that they don't want publicity associated with a settlement. Publicity about an insurance company paying money to an injured victim is never good for them especially since they earn their money by KEEPING their money, not giving it away.Second, is that other attorneys with similar cases will never learn that the insurance company paid out a certain amount is a specific type of case. So, when the next lawyer tries to negotiate a case with the insurance company, he or she won't be able to say "You paid 'x' dollars on the Jones case, so therefore you have to pay at least that amount on this case."Sometimes, the only way an insurance company will offer such a settlement is on the condition that the terms of the agreement be confidential. Otherwise, there might be no settlement, and the case would proceed to trial.A client might be willing to agree to this restriction if it were in their best interests. Some clients want to publicize the damage and injuries they suffered as well as any compensation they received for their injuries. In that instance a confidential settlement agreement would not be advisable.Attorney Oginski has been in practice for over 16 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.
Keyword : Settlement, confidential, money settlelment, verdict, injuries, injury, malpractice, lawyer, settle
Necessary Notary Public Supplies and Services
Author : Kent Pinkerton
A notary public is a public service position selected by state government officials. Their chief role is to that of an impartial witness to the signing of various legal documents, thus serving as a fraud deterrent.Once an individual is selected, there are various notary public supplies he or she may be required to purchase in order to begin fulfilling their duties. There are many local agencies within one's state where a notary can download renewal applications or purchase supplies. In addition, organizations such as the United States Notary Association offer comprehensive information and services for notary publics in all fifty states as well as the District of Columbia.For notary public located in the state of Texas, J.P. Everhart and Co. offers a full line of supplies and services, including access to applications and information regarding how to qualify as a notary public in the state of Texas.Some of the notary public supplies and services offered by J.P. Everhart and Co. include:• Notary Bonds: state law may require these before one begins practicing as a notary public.
• State filing fee processing.
• Errors and omission insurance: this protects a notary from financial liability in the case of a mistake while performing notarization duties.
• Clerical supplies: different stamps, record books, handbooks (outlining state guidelines for notaries) and embossing seals are available for notaries for use in notarizing various legal documents.State laws governing notaries are variable, so in order to obtain the proper insurance, bonds or supplies, individuals should contact a local office that services notaries for up-to-date information.In addition to the supplies available, most agencies provide information regarding requirements, and the application or renewal process for notary publics. J.P. Everhart and Co. provides this information for notaries residing in Texas. According to their website, which is located at www.jpeverhart.com, those seeking appointment as a notary public must submit their application with the Secretary of State, and must meet three criteria:• Must be at least 18 years of age.
• Must be a legal resident of the state of Texas.
• Must be a citizen of the United States or a permanent resident alien.Other requirements in Texas include the furnishing of a $10,000 bond, paying of the required fee and taking an oath of office. Requirements may differ from state to state; therefore individuals should contact a local notary public service location for the most relevant information.Notary Public Info provides detailed information about how to become a notary public, plus notary public classes, supplies, services locations, and more. Notary Public Info is the sister site of Paralegals Web.
Keyword : notary public, how to become a notary public, notary public supplies
A notary public is a public service position selected by state government officials. Their chief role is to that of an impartial witness to the signing of various legal documents, thus serving as a fraud deterrent.Once an individual is selected, there are various notary public supplies he or she may be required to purchase in order to begin fulfilling their duties. There are many local agencies within one's state where a notary can download renewal applications or purchase supplies. In addition, organizations such as the United States Notary Association offer comprehensive information and services for notary publics in all fifty states as well as the District of Columbia.For notary public located in the state of Texas, J.P. Everhart and Co. offers a full line of supplies and services, including access to applications and information regarding how to qualify as a notary public in the state of Texas.Some of the notary public supplies and services offered by J.P. Everhart and Co. include:• Notary Bonds: state law may require these before one begins practicing as a notary public.
• State filing fee processing.
• Errors and omission insurance: this protects a notary from financial liability in the case of a mistake while performing notarization duties.
• Clerical supplies: different stamps, record books, handbooks (outlining state guidelines for notaries) and embossing seals are available for notaries for use in notarizing various legal documents.State laws governing notaries are variable, so in order to obtain the proper insurance, bonds or supplies, individuals should contact a local office that services notaries for up-to-date information.In addition to the supplies available, most agencies provide information regarding requirements, and the application or renewal process for notary publics. J.P. Everhart and Co. provides this information for notaries residing in Texas. According to their website, which is located at www.jpeverhart.com, those seeking appointment as a notary public must submit their application with the Secretary of State, and must meet three criteria:• Must be at least 18 years of age.
• Must be a legal resident of the state of Texas.
• Must be a citizen of the United States or a permanent resident alien.Other requirements in Texas include the furnishing of a $10,000 bond, paying of the required fee and taking an oath of office. Requirements may differ from state to state; therefore individuals should contact a local notary public service location for the most relevant information.Notary Public Info provides detailed information about how to become a notary public, plus notary public classes, supplies, services locations, and more. Notary Public Info is the sister site of Paralegals Web.
Keyword : notary public, how to become a notary public, notary public supplies
Child Custody Evaluation
Author : Jean Mahserjian
A child custody evaluation can be ordered by a court if you are involved in a custody dispute with your spouse. The custody evaluation can be required in an initial custody case or in a subsequent case if one of the parents requests that the issue of custody be modified. If you are seeking primary custody of your child, you'll want to know the guidelines for the child custody evaluation that you will have to undergo. To some extent, these guidelines vary from state to state, so you will need to discuss the child custody evalutaion process with your attorney or your state family court.In general, a child custody evaluation involves a series of meetings between the parents and children and a professional who will assess the custody issue. Sometimes that professional is a psychologist. Sometimes it is a professional with an Masters and sometimes a Doctorate degree. In some states the professional simply investigates and reports the details of the investigation to the court. In other states, the professional doing the child custody evaluation actually gives the court a recommendation as to how custody should be determined.The manner in which a child custody evaluation is used by a court can also vary from state to state. In some states, the judges put a higher priority on the wishes of the children and that issue is addressed in the custody evaluation. In some of those states, the child's wishes are considered if the child has attained a certain age. InIllinois, the child's wishes is a key factor. In other states, it is only one factor or not a factor at all. In Alabama, a chid's desire is not considered as a reliable factor in determininig custody, so the factors to be given priority over the child's wishes in the child custody evaluation are more focused on the well being an safety of the child.A child custody evaluation can involve an investigation into moral habits and issues such as alcohol or drug use, church affiliation and family support system. Other issues that can and often are reviewed in a custody evaluation include factors that are unrelated to moral habits, but which are more focused on the determining which parent can satisfy the child's needs, include the ability to provide an appropriate home, school support, and so forth.A child custody evaluation can take months to conclude. The investigation aspects can include a review of any existing counseling records for the family, either or both parents, or the children, any mental health records for any of those parties, any criminal records, school records for the children, and one or more interviews with each parent and child and any other individual that the court deems appropriate. For example, if a companion or significant other is living with a parent, that person could have an impact on the day to day lives of the children. The court may want that person included in the child custody evaluation. Some of the evaluation interviews are conducted individually, and some are conducted with parent and children together. That format is dictated by the professional conducting the custody evaluation.If you are involved in a custody dispute and you will be involved in a child custody evaluation, speak with your attorney about the process that you and your children will be subjected to. Be prepared and open and provide all of the information that is requested of you. Most of all, find out what you are able to say to the children to prepare them for the interviews that they will have to attend.Attorney Jean Mahserjian is the author of numerous websites and books devoted to helping consumers through the process of separation and divorce. To download free excerpts from her family law books, visit: Divorce and Child Custody
Keyword : child custody evalution, custody evalutation, child custody, custody
A child custody evaluation can be ordered by a court if you are involved in a custody dispute with your spouse. The custody evaluation can be required in an initial custody case or in a subsequent case if one of the parents requests that the issue of custody be modified. If you are seeking primary custody of your child, you'll want to know the guidelines for the child custody evaluation that you will have to undergo. To some extent, these guidelines vary from state to state, so you will need to discuss the child custody evalutaion process with your attorney or your state family court.In general, a child custody evaluation involves a series of meetings between the parents and children and a professional who will assess the custody issue. Sometimes that professional is a psychologist. Sometimes it is a professional with an Masters and sometimes a Doctorate degree. In some states the professional simply investigates and reports the details of the investigation to the court. In other states, the professional doing the child custody evaluation actually gives the court a recommendation as to how custody should be determined.The manner in which a child custody evaluation is used by a court can also vary from state to state. In some states, the judges put a higher priority on the wishes of the children and that issue is addressed in the custody evaluation. In some of those states, the child's wishes are considered if the child has attained a certain age. InIllinois, the child's wishes is a key factor. In other states, it is only one factor or not a factor at all. In Alabama, a chid's desire is not considered as a reliable factor in determininig custody, so the factors to be given priority over the child's wishes in the child custody evaluation are more focused on the well being an safety of the child.A child custody evaluation can involve an investigation into moral habits and issues such as alcohol or drug use, church affiliation and family support system. Other issues that can and often are reviewed in a custody evaluation include factors that are unrelated to moral habits, but which are more focused on the determining which parent can satisfy the child's needs, include the ability to provide an appropriate home, school support, and so forth.A child custody evaluation can take months to conclude. The investigation aspects can include a review of any existing counseling records for the family, either or both parents, or the children, any mental health records for any of those parties, any criminal records, school records for the children, and one or more interviews with each parent and child and any other individual that the court deems appropriate. For example, if a companion or significant other is living with a parent, that person could have an impact on the day to day lives of the children. The court may want that person included in the child custody evaluation. Some of the evaluation interviews are conducted individually, and some are conducted with parent and children together. That format is dictated by the professional conducting the custody evaluation.If you are involved in a custody dispute and you will be involved in a child custody evaluation, speak with your attorney about the process that you and your children will be subjected to. Be prepared and open and provide all of the information that is requested of you. Most of all, find out what you are able to say to the children to prepare them for the interviews that they will have to attend.Attorney Jean Mahserjian is the author of numerous websites and books devoted to helping consumers through the process of separation and divorce. To download free excerpts from her family law books, visit: Divorce and Child Custody
Keyword : child custody evalution, custody evalutation, child custody, custody
When You Die, What Does a Will Do?
Author : Stuart Simpson
I know it may sound simple, but there are things a Will does and certain things it cannot do. Most people don't have a will and don't even want to talk about it since it relates to death. A lot of people don't even have life insurance, either. I had a boss that was speaking to his accountant one time, "If I die-" started my boss, and his accountant said, "There is no "IF", its just "WHEN". We all will die and it would be nice to have a will to help your family decide what to do with your money and belongings.Why do you need a will? Would you rather probate courts decide the fate of your children? The court decides where the kids are sent for foster care. That should be enough to scare you out of your shoes. The court will also decide what happens to your assets. Yes, all your stuff and money. So you may have money and a nice house, then its all gone and the kids are sent to the state home.I know, it sounds harsh. So what can a will do for me?First, a will can indicate where your assets and property go. You can also name a guardian for your children and their property. You can also name an executor to administer the will. This executor can be given powers and compensation for taking care of your estate.But here's the tricky part – a will can't override anything with a named beneficiary. For example, your life insurance has a beneficiary that was established at the time you wrote the policy. Also, a will can't nullify the terms of a trust you've established.So what should you do? Inventory your assets that will pass through the will. Like checking accounts, CD's, stocks, bonds, real estate, etc. These are called probate assets. Nonprobate assets would include things like your life insurance. These items have named beneficiaries.Make a list of your beneficiaries and decide what you want them to have. If you have children from your current marriage, then the decision would probably be very easy – give the items to your spouse. If you have kids from a previous marriage, plan carefully and list them as well as their relationship so the executor will have no questions and will hopefully limit anyone contesting the will.I hope this gave you some idea as to why a will is an important planning tool not for you, but for your family. You don't make a will for yourself, as you will be dead, you make one for your survivors.Stuart Simpson
http://www.attorney-lawyer-information.com
Keyword : free, will, last, amendment, wills, forms, testament, lawsuit, lawsuits, attorney, power, divorce
I know it may sound simple, but there are things a Will does and certain things it cannot do. Most people don't have a will and don't even want to talk about it since it relates to death. A lot of people don't even have life insurance, either. I had a boss that was speaking to his accountant one time, "If I die-" started my boss, and his accountant said, "There is no "IF", its just "WHEN". We all will die and it would be nice to have a will to help your family decide what to do with your money and belongings.Why do you need a will? Would you rather probate courts decide the fate of your children? The court decides where the kids are sent for foster care. That should be enough to scare you out of your shoes. The court will also decide what happens to your assets. Yes, all your stuff and money. So you may have money and a nice house, then its all gone and the kids are sent to the state home.I know, it sounds harsh. So what can a will do for me?First, a will can indicate where your assets and property go. You can also name a guardian for your children and their property. You can also name an executor to administer the will. This executor can be given powers and compensation for taking care of your estate.But here's the tricky part – a will can't override anything with a named beneficiary. For example, your life insurance has a beneficiary that was established at the time you wrote the policy. Also, a will can't nullify the terms of a trust you've established.So what should you do? Inventory your assets that will pass through the will. Like checking accounts, CD's, stocks, bonds, real estate, etc. These are called probate assets. Nonprobate assets would include things like your life insurance. These items have named beneficiaries.Make a list of your beneficiaries and decide what you want them to have. If you have children from your current marriage, then the decision would probably be very easy – give the items to your spouse. If you have kids from a previous marriage, plan carefully and list them as well as their relationship so the executor will have no questions and will hopefully limit anyone contesting the will.I hope this gave you some idea as to why a will is an important planning tool not for you, but for your family. You don't make a will for yourself, as you will be dead, you make one for your survivors.Stuart Simpson
http://www.attorney-lawyer-information.com
Keyword : free, will, last, amendment, wills, forms, testament, lawsuit, lawsuits, attorney, power, divorce
Are Private Ventures Deterred by Current Space Laws?
Author : Aaron Thiel
Picture yourself as a savvy venture capitalist looking to invest your wealth on the next best opportunity. Across from the table is some hot-shot engineer explaining how his firm is going to mine six trillion dollars of platinum from an asteroid. He lays out the blueprints, uses fancy acronyms like NEO and LEO, and describes how there are at least 2,000 more asteroids that size, with about 50 more being discovered each year!Cutting through the hype, you put your business acumen into high gear and ask, "So how long is this project going to take? Projected investment? And risk of failure?""Twenty years, start to finish," comes his reply without hesitation. "Eight billion dollar investment with a high probability of failure. But don't forget, we're going after a six trillion dollar opportunity."The next question, however, will determine whether you sign the papers or show the young lad to the door. "Are you 100% certain that you'll have a right to claim legal ownership over what you extract?"The face of the engineer goes blank. He reaches down, pulls out a 100-page memorandum from his briefcase, and lays it in front of you. It's from a law firm in which he paid thousands of dollars to answer that very question. Unfortunately, it doesn't answer it very well. In fact, it tells the potential investor that there are two camps with two very different interpretations of the law. To make matters worse, because there is no case law to interpret who's right, the outcome is rather unpredictable and nebulous. At that point, you quickly shuffle the engineer towards the door. As he attempts one final sales pitch, you retort, "Sonny, I'm not going fishing unless I'm absolutely sure that I own 100% of what I catch!"Ambiguous, unsettled, underdeveloped, and vague are just some of the adjectives to describe the current status of space law. The 1967 Outer Space Treaty (OST), described by some as the "Magna Carta" of space law, is the primary document which governs outer space activities. It is best known for banning the national appropriation of outer space and its celestial bodies. The intent was to keep outer space from becoming our version of the "Wild West." But almost forty years later, the Cold War is history and private enterprise is knocking at the door. Knowing they cannot claim ownership over a celestial body (i.e. the Moon, Mars, or an asteroid), the real question becomes whether the OST will allow a private entity to claim ownership over what it can extract from a celestial body. The answer diverges into two camps.One camp argues that since the OST prohibits ownership over celestial bodies, the natural resources located on those celestial bodies are also prohibited from ownership and exploitation. In support of their argument, they quote from Article I of the OST, which states in part, ". . . celestial bodies shall be free for exploration and use by all States." They contend that the word "use" should not be interpreted broadly to include the "exploitation" or "appropriation" of natural resources on these celestial bodies.The second camp argues that although nobody can claim ownership over a celestial body, the appropriation of natural resources from a celestial body is permissible. By using similar analogies which rule the high seas, they contend that the right to appropriate natural resources from a celestial body comes from the freedom to "use" the celestial bodies. Take fishing for example. The fisherman maneuvers his vessel into the international high seas and proceeds to haul in his catch. Although the fisherman doesn't claim ownership to that part of the ocean or the sea bed underneath, he owns his catch. The fish are the natural resource. This is a classic example of how private enterprise can extract natural resources from land it does not own. Another example would be offshore drilling platforms located in international waters. They don't claim ownership to that part of the ocean or the sea bed they're drilling into, but they do own what's extracted.These arguments using the high seas are further solidified by the events that took place during the lunar landings. Both the U.S. and the Soviet Union collected Moon rocks and returned them to Earth. Neither country claimed ownership to the territory from where they were removed, but they clearly claimed ownership to what they took. In fact, it was reported that the Soviets even sold a small amount of their Moon dirt for $500,000. To date, no country has disputed either of the appropriations. These circumstances have set a precedent that countries can indeed appropriate a limited amount of natural resources from the celestial bodies and even sell them. The key word, however, is "limited." A bagful of Moon rocks is the precedent. If someone were to rocket tons of natural resources back from Mars, the lunar precedent would do little to deter the onslaught of legal objections.The prospect of litigation is almost always a bitter pill to the venture capitalist because it means higher risks and added costs. Seeking further amendments or a new treaty could take countless years to obtain. A quicker option might be to test the litigation waters with a series of smaller ventures. These might create just enough precedent to spark the next "Gold Rush." Once investors know for sure that their quarry would belong to them, the floodgates of private enterprise could bust wide open. But until then, the role of private enterprise in space will flounder because of the lack of direction in the law.Copyright 2005 by Aaron S. ThielAttorney Aaron S. Thiel is an avid Space Law enthusiast and published author. Mr. Thiel has written his latest novel, The Payload, to captivate readers with issues relevant to today's Mars rover missions and not-so fictional scenarios that will thrill and excite the imagination. The book provides fast paced suspense, meticulous and intelligent research, fascinating detail, and a surprising twist in the end. To learn more about the author and his writings, please visit his website http://www.aaronsthiel.com or read his blog at http://dutchbennettnovelseries.blogspot.com
Keyword : Space law, property rights, Mars, Moon, mining, asteroid, outer space, venture capital
Picture yourself as a savvy venture capitalist looking to invest your wealth on the next best opportunity. Across from the table is some hot-shot engineer explaining how his firm is going to mine six trillion dollars of platinum from an asteroid. He lays out the blueprints, uses fancy acronyms like NEO and LEO, and describes how there are at least 2,000 more asteroids that size, with about 50 more being discovered each year!Cutting through the hype, you put your business acumen into high gear and ask, "So how long is this project going to take? Projected investment? And risk of failure?""Twenty years, start to finish," comes his reply without hesitation. "Eight billion dollar investment with a high probability of failure. But don't forget, we're going after a six trillion dollar opportunity."The next question, however, will determine whether you sign the papers or show the young lad to the door. "Are you 100% certain that you'll have a right to claim legal ownership over what you extract?"The face of the engineer goes blank. He reaches down, pulls out a 100-page memorandum from his briefcase, and lays it in front of you. It's from a law firm in which he paid thousands of dollars to answer that very question. Unfortunately, it doesn't answer it very well. In fact, it tells the potential investor that there are two camps with two very different interpretations of the law. To make matters worse, because there is no case law to interpret who's right, the outcome is rather unpredictable and nebulous. At that point, you quickly shuffle the engineer towards the door. As he attempts one final sales pitch, you retort, "Sonny, I'm not going fishing unless I'm absolutely sure that I own 100% of what I catch!"Ambiguous, unsettled, underdeveloped, and vague are just some of the adjectives to describe the current status of space law. The 1967 Outer Space Treaty (OST), described by some as the "Magna Carta" of space law, is the primary document which governs outer space activities. It is best known for banning the national appropriation of outer space and its celestial bodies. The intent was to keep outer space from becoming our version of the "Wild West." But almost forty years later, the Cold War is history and private enterprise is knocking at the door. Knowing they cannot claim ownership over a celestial body (i.e. the Moon, Mars, or an asteroid), the real question becomes whether the OST will allow a private entity to claim ownership over what it can extract from a celestial body. The answer diverges into two camps.One camp argues that since the OST prohibits ownership over celestial bodies, the natural resources located on those celestial bodies are also prohibited from ownership and exploitation. In support of their argument, they quote from Article I of the OST, which states in part, ". . . celestial bodies shall be free for exploration and use by all States." They contend that the word "use" should not be interpreted broadly to include the "exploitation" or "appropriation" of natural resources on these celestial bodies.The second camp argues that although nobody can claim ownership over a celestial body, the appropriation of natural resources from a celestial body is permissible. By using similar analogies which rule the high seas, they contend that the right to appropriate natural resources from a celestial body comes from the freedom to "use" the celestial bodies. Take fishing for example. The fisherman maneuvers his vessel into the international high seas and proceeds to haul in his catch. Although the fisherman doesn't claim ownership to that part of the ocean or the sea bed underneath, he owns his catch. The fish are the natural resource. This is a classic example of how private enterprise can extract natural resources from land it does not own. Another example would be offshore drilling platforms located in international waters. They don't claim ownership to that part of the ocean or the sea bed they're drilling into, but they do own what's extracted.These arguments using the high seas are further solidified by the events that took place during the lunar landings. Both the U.S. and the Soviet Union collected Moon rocks and returned them to Earth. Neither country claimed ownership to the territory from where they were removed, but they clearly claimed ownership to what they took. In fact, it was reported that the Soviets even sold a small amount of their Moon dirt for $500,000. To date, no country has disputed either of the appropriations. These circumstances have set a precedent that countries can indeed appropriate a limited amount of natural resources from the celestial bodies and even sell them. The key word, however, is "limited." A bagful of Moon rocks is the precedent. If someone were to rocket tons of natural resources back from Mars, the lunar precedent would do little to deter the onslaught of legal objections.The prospect of litigation is almost always a bitter pill to the venture capitalist because it means higher risks and added costs. Seeking further amendments or a new treaty could take countless years to obtain. A quicker option might be to test the litigation waters with a series of smaller ventures. These might create just enough precedent to spark the next "Gold Rush." Once investors know for sure that their quarry would belong to them, the floodgates of private enterprise could bust wide open. But until then, the role of private enterprise in space will flounder because of the lack of direction in the law.Copyright 2005 by Aaron S. ThielAttorney Aaron S. Thiel is an avid Space Law enthusiast and published author. Mr. Thiel has written his latest novel, The Payload, to captivate readers with issues relevant to today's Mars rover missions and not-so fictional scenarios that will thrill and excite the imagination. The book provides fast paced suspense, meticulous and intelligent research, fascinating detail, and a surprising twist in the end. To learn more about the author and his writings, please visit his website http://www.aaronsthiel.com or read his blog at http://dutchbennettnovelseries.blogspot.com
Keyword : Space law, property rights, Mars, Moon, mining, asteroid, outer space, venture capital
Canadian Family Class Immigration - One Way of Immigrating to Canada
Author : Sat-Sung Kalman
One way your family can join you in Canada as immigrants is through family class immigration. Through family class immigration, certain members of your family are allowed to immigrate to Canada, upon your promise that you will take care of them for a specified period of time.This article is a summary of some important aspects of family class immigration. It is not legal advice, but rather is merely informational. It is accurate as of October 16, 2005.Who can come to Canada?Members of your family who may be eligible to come to Canada through the family class immigration program include your husband, your wife, or your conjugal partner, which includes your same-sex partner. In addition, your mother, your father, your grandparents, and your children may also be eligible. Additional members of your family, including your brother, sister, niece, nephew, or grandchildren may be eligible to join you in Canada as immigrants in some cases.What do I need to do?Before your family members can join you in Canada, you need to meet certain qualifications. Importantly, you must be eighteen years of age or more, and a Canadian citizen or a Canadian permanent resident. You must be residing in Canada if you are a permanent resident; in some cases Canadian citizens may be residing outside of Canada but remain eligible to sponsor their family members to immigrate to Canada.You must also fill out a sponsorship undertaking. This is your promise to the Canadian government that you will support the family members you are sponsoring. Depending on the situation, this promise will endure for between three and ten years. You and the family members you are sponsoring must also sign an agreement which states that all parties understand their obligations.In many cases sponsors must meet minimum financial requirements. The government established these financial requirements to help ensure that sponsors have the means to support their families in Canada. An important exception to financial requirements is that in cases of spousal sponsorship, the government generally does not take your financial situation into consideration.What other ways are there to immigrate to Canada?There are many ways to immigrate to Canada. Immigrating through the family class is just one of those routes.In addition, it is possible to come to Canada on a temporary work, visitor, or study visa.What are the chances of successfully immigrating to Canada?Between January and March 2005, approximately 56,374 non-Canadians became permanent residents, which is the first step to becoming a Canadian citizen. Of this number, 12,412 were in the family class.Sat-Sung Kalman is a Canadian immigration lawyer specializing in Canadian immigration, visitor, work, and study permits. Sat-Sung can be reached at http://www.canada-immigrate.ca, and is pleased to respond to your inquiries.
Keyword : immigrate, immigration, visa, study, work, Lawyer, Attorney, Kalman, Sat-Sung, Canada, tourist
One way your family can join you in Canada as immigrants is through family class immigration. Through family class immigration, certain members of your family are allowed to immigrate to Canada, upon your promise that you will take care of them for a specified period of time.This article is a summary of some important aspects of family class immigration. It is not legal advice, but rather is merely informational. It is accurate as of October 16, 2005.Who can come to Canada?Members of your family who may be eligible to come to Canada through the family class immigration program include your husband, your wife, or your conjugal partner, which includes your same-sex partner. In addition, your mother, your father, your grandparents, and your children may also be eligible. Additional members of your family, including your brother, sister, niece, nephew, or grandchildren may be eligible to join you in Canada as immigrants in some cases.What do I need to do?Before your family members can join you in Canada, you need to meet certain qualifications. Importantly, you must be eighteen years of age or more, and a Canadian citizen or a Canadian permanent resident. You must be residing in Canada if you are a permanent resident; in some cases Canadian citizens may be residing outside of Canada but remain eligible to sponsor their family members to immigrate to Canada.You must also fill out a sponsorship undertaking. This is your promise to the Canadian government that you will support the family members you are sponsoring. Depending on the situation, this promise will endure for between three and ten years. You and the family members you are sponsoring must also sign an agreement which states that all parties understand their obligations.In many cases sponsors must meet minimum financial requirements. The government established these financial requirements to help ensure that sponsors have the means to support their families in Canada. An important exception to financial requirements is that in cases of spousal sponsorship, the government generally does not take your financial situation into consideration.What other ways are there to immigrate to Canada?There are many ways to immigrate to Canada. Immigrating through the family class is just one of those routes.In addition, it is possible to come to Canada on a temporary work, visitor, or study visa.What are the chances of successfully immigrating to Canada?Between January and March 2005, approximately 56,374 non-Canadians became permanent residents, which is the first step to becoming a Canadian citizen. Of this number, 12,412 were in the family class.Sat-Sung Kalman is a Canadian immigration lawyer specializing in Canadian immigration, visitor, work, and study permits. Sat-Sung can be reached at http://www.canada-immigrate.ca, and is pleased to respond to your inquiries.
Keyword : immigrate, immigration, visa, study, work, Lawyer, Attorney, Kalman, Sat-Sung, Canada, tourist
Criminal Law: A Critical Evaluation of Murder
Author : Thomas Gallagher
IntroductionMurder is not provided for in any statute in England or Wales, with its definition emanating from case law. The definition of murder can be broken down into two elements, mens rea and actus reus. This brief article will focus on these two elements of murder. Firstly, a brief insight into the two concepts will be needed. This will equip the reader with the relevant understanding for the more critical part of this article, that being the evolution of these two concepts. Lastly, this article will focus on the future of the definition of murder, focusing on proposals for a more appropriate definition of the crime of murder.Actus Reus and Mens reaThe concept of actus reus focuses on the act of all criminal offences, not just murder. As stated in the introduction, the actus reus of common law offences will be provided by the case law. The act itself will not constitute an offence. There must be a mental element to a crime; this is known as mens rea. An example of this would be simply falling over a dog and kicking a dog. Whilst the act will be the same, and indeed the result, it is the intention that changes the circumstances into a criminal offence.The concept of mens rea refers to the mental element of any crime. This definition can change from crime to crime. The main contributory to most crimes will be that of intention per the example above. If these two elements exist, then a criminal offence will have been committed.Evolution of the two conceptsThe first definition of the actus reus for murder was give by Coke as 'unlawfully killing a reasonable person who is in being and under the kings peace'. This definition emanated from the 17th century and was not equipped to deal with medical advances the followed the inception of this definition.The most problematic limb of this two part definition is mens rea. Most of the literature that has addressed this area has focused on the definition of intention, and more importantly, the foresight of a person accused of such a crime. An example of this would be the classical illustration given in most text books. Here a person wants to blow up a plane. The accused contends that that was his only aim, his only intention. However, the plane is full of people on board; if the plane explodes then the people on board will be killed. A persons foresight of their actions, therefore, plays a crucial role. The case law on the area of mens rea has been extensive, with a definition finally being settled upon in a House of Lords case. (It is not in the scope of this brief article to explore the area fully, although the citation for this case is R v Woolin 1996).Proposals for the FutureThe Law Commission has proposed a definition for the mens rea element, although this has not been followed up. A more recent proposal has been put forward by the Nathan Committee, although this only slightly alters the law at the present moment, although the calls for a more purposeful definition that is provided by statute seems more distant than ever.ConclusionAs has been shown by this brief article, the offence of common law murder is an extremely complicated area. The initial elements are based in Latin and have there foundations in the 17th century. The evolution of these two concepts has been slow and cumbersome; leading to accusations that the only reason for this is that the subject is too emotive. Although the definition is now more settled, this area is crying out for a definition provided for by statute similar to that provided for in the United States.Thomas Gallagher Llb LMM. I work as legal assistant for the Criminal Information Agency http://www.cia-uk.co.uk and you can find out more by visiting http://www.criminal-information-agency.com/murder/murderrecord.php?recordID=133 and http://www.criminal-information-agency.com/murder/murderresult.php
Keyword : Criminal, mens rea actus reus
IntroductionMurder is not provided for in any statute in England or Wales, with its definition emanating from case law. The definition of murder can be broken down into two elements, mens rea and actus reus. This brief article will focus on these two elements of murder. Firstly, a brief insight into the two concepts will be needed. This will equip the reader with the relevant understanding for the more critical part of this article, that being the evolution of these two concepts. Lastly, this article will focus on the future of the definition of murder, focusing on proposals for a more appropriate definition of the crime of murder.Actus Reus and Mens reaThe concept of actus reus focuses on the act of all criminal offences, not just murder. As stated in the introduction, the actus reus of common law offences will be provided by the case law. The act itself will not constitute an offence. There must be a mental element to a crime; this is known as mens rea. An example of this would be simply falling over a dog and kicking a dog. Whilst the act will be the same, and indeed the result, it is the intention that changes the circumstances into a criminal offence.The concept of mens rea refers to the mental element of any crime. This definition can change from crime to crime. The main contributory to most crimes will be that of intention per the example above. If these two elements exist, then a criminal offence will have been committed.Evolution of the two conceptsThe first definition of the actus reus for murder was give by Coke as 'unlawfully killing a reasonable person who is in being and under the kings peace'. This definition emanated from the 17th century and was not equipped to deal with medical advances the followed the inception of this definition.The most problematic limb of this two part definition is mens rea. Most of the literature that has addressed this area has focused on the definition of intention, and more importantly, the foresight of a person accused of such a crime. An example of this would be the classical illustration given in most text books. Here a person wants to blow up a plane. The accused contends that that was his only aim, his only intention. However, the plane is full of people on board; if the plane explodes then the people on board will be killed. A persons foresight of their actions, therefore, plays a crucial role. The case law on the area of mens rea has been extensive, with a definition finally being settled upon in a House of Lords case. (It is not in the scope of this brief article to explore the area fully, although the citation for this case is R v Woolin 1996).Proposals for the FutureThe Law Commission has proposed a definition for the mens rea element, although this has not been followed up. A more recent proposal has been put forward by the Nathan Committee, although this only slightly alters the law at the present moment, although the calls for a more purposeful definition that is provided by statute seems more distant than ever.ConclusionAs has been shown by this brief article, the offence of common law murder is an extremely complicated area. The initial elements are based in Latin and have there foundations in the 17th century. The evolution of these two concepts has been slow and cumbersome; leading to accusations that the only reason for this is that the subject is too emotive. Although the definition is now more settled, this area is crying out for a definition provided for by statute similar to that provided for in the United States.Thomas Gallagher Llb LMM. I work as legal assistant for the Criminal Information Agency http://www.cia-uk.co.uk and you can find out more by visiting http://www.criminal-information-agency.com/murder/murderrecord.php?recordID=133 and http://www.criminal-information-agency.com/murder/murderresult.php
Keyword : Criminal, mens rea actus reus
Who Needs a Criminal Attorney?
Author : Behzad Mahmoudi
The fact is that in day-to-day life we are facing continued and hidden
dangers that can happen at any time. In case we encounter any danger by a person that we have to use force against the person for self-defense or protect somebody else, we might face criminal charge.At this point, a criminal defense attorney's job starts. For him, it does not
matter who you are and what you have done. He tries to prove to the jury or
judge that you had to use force against the other person for self-defense. In
fact a criminal defense attorney must show the judge that you were in danger of
possible physical hurt and you had use that amount of force to prevent the hurt.
It is a criminal defense attorney's job to prove that the force against you was
not legal and you were unaware of that.If you are under attack, even by close relatives, and begging, pleading, and
crying may not get you out of the grip, then you may use force to defend
yourself. There are many cases that women are under attack by their husbands and
for self-defense purpose they kill their husbands. But these women should take
into consideration the fact that there are serious questions that they should
answer in order to prove that the force used by them was a self-defense
otherwise they will face serious charges with irrecoverable consequences. For
example they might be questioned why did not they leave husband and live with a
relative or friend before the incident? Or why did not they file for divorce?Here, your criminal defense attorney prepares you to answer these types of
questions. Generally, depending on the case and conditions, a criminal defense
attorney prepares a series of questions that might be asked by jury or judge and
then he tries to find answers to those questions. The answers should convince
the judge that you were in a situation of physical harm and therefore to avoid
the harm, you used a certain amount of force, in which your criminal defense
attorney tries to prove the amount of force was reasonable.To summarize what we have discussed, if you are accused of a crime, then you
need to hire a criminal defense attorney to represent you and prove to the jury
or judge that the force you used was necessary and reasonable.Behzad Mahmoudi writes about different issues including
criminal defense attorney subject in his weblog.
Keyword : force, criminal, attorney, defense, criminal defense attorney
The fact is that in day-to-day life we are facing continued and hidden
dangers that can happen at any time. In case we encounter any danger by a person that we have to use force against the person for self-defense or protect somebody else, we might face criminal charge.At this point, a criminal defense attorney's job starts. For him, it does not
matter who you are and what you have done. He tries to prove to the jury or
judge that you had to use force against the other person for self-defense. In
fact a criminal defense attorney must show the judge that you were in danger of
possible physical hurt and you had use that amount of force to prevent the hurt.
It is a criminal defense attorney's job to prove that the force against you was
not legal and you were unaware of that.If you are under attack, even by close relatives, and begging, pleading, and
crying may not get you out of the grip, then you may use force to defend
yourself. There are many cases that women are under attack by their husbands and
for self-defense purpose they kill their husbands. But these women should take
into consideration the fact that there are serious questions that they should
answer in order to prove that the force used by them was a self-defense
otherwise they will face serious charges with irrecoverable consequences. For
example they might be questioned why did not they leave husband and live with a
relative or friend before the incident? Or why did not they file for divorce?Here, your criminal defense attorney prepares you to answer these types of
questions. Generally, depending on the case and conditions, a criminal defense
attorney prepares a series of questions that might be asked by jury or judge and
then he tries to find answers to those questions. The answers should convince
the judge that you were in a situation of physical harm and therefore to avoid
the harm, you used a certain amount of force, in which your criminal defense
attorney tries to prove the amount of force was reasonable.To summarize what we have discussed, if you are accused of a crime, then you
need to hire a criminal defense attorney to represent you and prove to the jury
or judge that the force you used was necessary and reasonable.Behzad Mahmoudi writes about different issues including
criminal defense attorney subject in his weblog.
Keyword : force, criminal, attorney, defense, criminal defense attorney
How To Protect Your Crown Jewels With A Confidentiality Agreement
Author : Martin Truman
How should you use a confidentiality agreement to protect your trade secrets and how effective are they anyway?Many commercial clients still regard a Confidentiality Agreement or Non-disclosure agreement (NDA) as routine documents that do not require detailed consideration or legal advice. Are you one of them?They are all the same aren't they?I must have seen and reviewed several hundred Non-disclosure Agreements in my 11 years in commercial practice. NDAs vary from a half page statement through to a comprehensive 8-10 page document. Usually a two to three pager, or possibly a concisely drafted and formatted one page document, will meet most needs. 80-90% of the clauses will be the same in all agreements and can be scanned quickly when you know what you are looking for; but the 10-20% unique clauses are the ones to watch out for. It is usually these that have the potential to catch you out.What type of information? For what purpose is it being disclosed. How sensitive is the information? What is the upside? What is the downside? What is the shelf-life of the confidential information? What practical methods are there of securing the confidential nature of the information? Can the obligation be enforced on employees, advisers, holding companies or subsidiaries?Who bothers suing for breach of an Confidentiality Agreement? Aren't they just symbolic?There is a widely held belief (which I have some sympathy for) is that the mere presentation of an NDA at the outset of a relationship is more important than the signature itself. Asking the other party to sign an Confidentiality Agreement is a good to way to set the mindset of the recipient. Often this has the desired effect of putting the recipient on notice and reinforcing the duty of care that is then owed to keep the information confidential.The usual remedy for unauthorised disclosure is an injunction preventing the recipient from disclosing the confidential information. Admittedly the costs of obtaining an injunction may outweigh the benefit of securing one. Once the information is in the public domain it is difficult to persuade a judge to grant an injunction. The remedy then is damages.I've got better things to spend my time on than negotiating or obtaining a written agreement?To a practised eye a review of a draft Confidentiality Agreement needn't take that long. A good commercial lawyer should be able to identify the 10-20% and advise of any tweaks that may be required. If your bargaining power is weak, you will at least sign with knowledge of the consequences.The author is Martin Truman, head of commercial law firm, Truelegal Solicitors. For more information abour Confidentiallity Agreements visit Legal Advice Centre.
Keyword : confidentiality agreement, non disclosure agreement, nda
How should you use a confidentiality agreement to protect your trade secrets and how effective are they anyway?Many commercial clients still regard a Confidentiality Agreement or Non-disclosure agreement (NDA) as routine documents that do not require detailed consideration or legal advice. Are you one of them?They are all the same aren't they?I must have seen and reviewed several hundred Non-disclosure Agreements in my 11 years in commercial practice. NDAs vary from a half page statement through to a comprehensive 8-10 page document. Usually a two to three pager, or possibly a concisely drafted and formatted one page document, will meet most needs. 80-90% of the clauses will be the same in all agreements and can be scanned quickly when you know what you are looking for; but the 10-20% unique clauses are the ones to watch out for. It is usually these that have the potential to catch you out.What type of information? For what purpose is it being disclosed. How sensitive is the information? What is the upside? What is the downside? What is the shelf-life of the confidential information? What practical methods are there of securing the confidential nature of the information? Can the obligation be enforced on employees, advisers, holding companies or subsidiaries?Who bothers suing for breach of an Confidentiality Agreement? Aren't they just symbolic?There is a widely held belief (which I have some sympathy for) is that the mere presentation of an NDA at the outset of a relationship is more important than the signature itself. Asking the other party to sign an Confidentiality Agreement is a good to way to set the mindset of the recipient. Often this has the desired effect of putting the recipient on notice and reinforcing the duty of care that is then owed to keep the information confidential.The usual remedy for unauthorised disclosure is an injunction preventing the recipient from disclosing the confidential information. Admittedly the costs of obtaining an injunction may outweigh the benefit of securing one. Once the information is in the public domain it is difficult to persuade a judge to grant an injunction. The remedy then is damages.I've got better things to spend my time on than negotiating or obtaining a written agreement?To a practised eye a review of a draft Confidentiality Agreement needn't take that long. A good commercial lawyer should be able to identify the 10-20% and advise of any tweaks that may be required. If your bargaining power is weak, you will at least sign with knowledge of the consequences.The author is Martin Truman, head of commercial law firm, Truelegal Solicitors. For more information abour Confidentiallity Agreements visit Legal Advice Centre.
Keyword : confidentiality agreement, non disclosure agreement, nda
Offshore Accidents - Maritime Lawyer - Offshore Lawsuits
Author : Todd Going
Offshore accidents might come few and far between, but when they do take place they often result in serious injuries or even fatalities. In addition, because these accidents are far away from land, they often make it difficult for getting the victims the proper medical attention they need, in a timely fashion.Because of the Jones Act, many victims of offshore accidents are protected. This legislation, created in 1920, was designed to assist maritime employees after they become injured. Since then, this piece of legislation has assisted many sailors in recovering compensation following their offshore accidents.In the US, admiralty law falls under the jurisdication of US district courts. However, when state law is an issue in the US, the maritime cases may have concurrent jurisdiction. Because of the wide range of state and local laws this can be extremely complex and challenging for the victim to understand.If you or someone you know has been a victim of an offshore accident is is very important that you contact a qualified offshore accident attorney today. Experience and understanding of maritime law will help you fight for justice and receive the compensation you deserve. Time is limited, so it is important that you start your offshore lawsuit today!To learn more about offshore accidents, drilling accidents or maritime law, please visit our website at http://www.sddefenselawyers.com/offshore-accidents/
Offshore accidents might come few and far between, but when they do take place they often result in serious injuries or even fatalities. In addition, because these accidents are far away from land, they often make it difficult for getting the victims the proper medical attention they need, in a timely fashion.Because of the Jones Act, many victims of offshore accidents are protected. This legislation, created in 1920, was designed to assist maritime employees after they become injured. Since then, this piece of legislation has assisted many sailors in recovering compensation following their offshore accidents.In the US, admiralty law falls under the jurisdication of US district courts. However, when state law is an issue in the US, the maritime cases may have concurrent jurisdiction. Because of the wide range of state and local laws this can be extremely complex and challenging for the victim to understand.If you or someone you know has been a victim of an offshore accident is is very important that you contact a qualified offshore accident attorney today. Experience and understanding of maritime law will help you fight for justice and receive the compensation you deserve. Time is limited, so it is important that you start your offshore lawsuit today!To learn more about offshore accidents, drilling accidents or maritime law, please visit our website at http://www.sddefenselawyers.com/offshore-accidents/
This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks.
Keyword : Offshore Accidents – Maritime Lawyer – Offshore Lawsuits
Is Injury Compensation Important?
Author : Kevin Stokes
Imagine you were driving your car and you stopped at a traffic light. Suddenly, BANG! Your car is hit from behind at about 15 miles per hour. You leap out of your car to have a look. Your bumper is bent, your boot lid is open and your tail lights are smashed……..but the main thing is, you are OK.You exchange details with the person that hit you and you carry on, albeit rather annoyed that you will have to sort things out the next day. Later on that evening, you realise your neck and shoulders are a bit stiff and you have a bit of a headache. The next day, you feel worse and make an appointment to visit your GP who fits you in the day after that, by which time, you feel a bit worse. Diagnosis is whiplash and you may recover in a week or two. However, it might take a month or two. You just do not know.Whilst at the doctors, ask him/her what the best course of action is to aid your recovery and follow that advice. If after two weeks, things have not improved, go back to your doctor and make it clear that the symptoms persist and ask if there are any other recommendations he can make. Perhaps physiotherapy, osteopathy, alternative medicines or treatments?In all honesty, if you make a full recovery from your injury in two weeks or so, it is not really worth making a claim for financial compensation. The hassle and time and potential expense to insurers does not justify the very small amount of compensation that might be offered. We are talking about £250.00 or £500.00 here.If, on the other hand, your injury persists much more than two weeks, it is well worth seeking advice from a solicitor or a personal injury claims handling company. You can start the process of making a claim for compensation, confident that you are entitled to compensation for your genuine injury.Some injuries are far more obvious. If you have broken bones or deep cuts, it is immediately obvious to you that recovery time will be significantly longer than a few weeks. You can seek the necessary advice after you have seen the doctor or, perhaps, had to visit the hospital.Yes, compensation for your suffering is important, but the most important thing is your health and a speedy recovery. Every effort should be made to help with recovering from your injury and if this takes longer than you had hoped, the financial compensation will eventually follow...--Kevin stokes is the owner of Injury Claims Solutions and has been dealing with personal injury and clinical negligence claims since 1993. He is a member of the Claims Standards Council and the Association Of Personal Injury Lawyers, and is accredited by the Law Society Of England And Wales.
Keyword : injury,claims,whiplash,accident,legal,solicitor,no win no fee,claim,compensation,fever
Imagine you were driving your car and you stopped at a traffic light. Suddenly, BANG! Your car is hit from behind at about 15 miles per hour. You leap out of your car to have a look. Your bumper is bent, your boot lid is open and your tail lights are smashed……..but the main thing is, you are OK.You exchange details with the person that hit you and you carry on, albeit rather annoyed that you will have to sort things out the next day. Later on that evening, you realise your neck and shoulders are a bit stiff and you have a bit of a headache. The next day, you feel worse and make an appointment to visit your GP who fits you in the day after that, by which time, you feel a bit worse. Diagnosis is whiplash and you may recover in a week or two. However, it might take a month or two. You just do not know.Whilst at the doctors, ask him/her what the best course of action is to aid your recovery and follow that advice. If after two weeks, things have not improved, go back to your doctor and make it clear that the symptoms persist and ask if there are any other recommendations he can make. Perhaps physiotherapy, osteopathy, alternative medicines or treatments?In all honesty, if you make a full recovery from your injury in two weeks or so, it is not really worth making a claim for financial compensation. The hassle and time and potential expense to insurers does not justify the very small amount of compensation that might be offered. We are talking about £250.00 or £500.00 here.If, on the other hand, your injury persists much more than two weeks, it is well worth seeking advice from a solicitor or a personal injury claims handling company. You can start the process of making a claim for compensation, confident that you are entitled to compensation for your genuine injury.Some injuries are far more obvious. If you have broken bones or deep cuts, it is immediately obvious to you that recovery time will be significantly longer than a few weeks. You can seek the necessary advice after you have seen the doctor or, perhaps, had to visit the hospital.Yes, compensation for your suffering is important, but the most important thing is your health and a speedy recovery. Every effort should be made to help with recovering from your injury and if this takes longer than you had hoped, the financial compensation will eventually follow...--Kevin stokes is the owner of Injury Claims Solutions and has been dealing with personal injury and clinical negligence claims since 1993. He is a member of the Claims Standards Council and the Association Of Personal Injury Lawyers, and is accredited by the Law Society Of England And Wales.
Keyword : injury,claims,whiplash,accident,legal,solicitor,no win no fee,claim,compensation,fever
The Truth Behind Personal Injury Treatments
Author : Steve Sabes
Plaintiffs who are injured in auto accidents, on the job, on premises, or other unfortunate events will seek treatment for their injuries. Every injured claimant should know that the first visit to a care provider might be the most important step with regard to their claim. On the first visit, the initial diagnosis will greatly define the extent of the injuries. For seriously injured claimants with broken bones and/or lacerations, the injuries are obvious and often severe. On the other hand, injured claimants who sustain less serious but sometimes equally as painful injuries such as strains and sprains, disc bulges and herniations, the diagnoses are not so clear and the treatment prescribed is less obvious.Plaintiffs that fall into the category of less serious injuries often seek therapy from chiropractic centers and/or other rehabilitation services. While these practitioners often provide relief and speed the recovery from injury, claimants must be careful not to over treat their injuries.Why is this a problem?Over treatment of an injury will reduce the amount of settlement proceeds that you should receive.Here is how it works. Let's say that you have sustained a strained back that includes some disc bulge. As long as there are not any highly irregular circumstances, the defendant insurance company will have a pre-determined amount that they will be willing to settle for. This amount is not going to change much during the settlement negotiation. In the meantime, if you continue to treat and treat the injury, the medical bills will increase and increase. It is NOT true that the larger the medical bills, the larger the settlement. It depends greatly on the type of treatment. Therefore, as the amount due to the chiropractic center increases, less of the settlement will be available for you, the claimant.Lawsuit Cash Advance's advice to claimants – treat your injuries, get the help you need, including treatment at the chiropractic clinics and rehabilitation centers, but do not abuse and over treat, and lose out on your settlement.Steve Sabes is president of Lawsuit Cash Advance, LLC, a Minneapolis-based provider of lawsuit cash advances to personal injury accident victims awaiting settlement of their personal injury claim.
Keyword : lawsuit cash advance,lawsuit cash advances,lawsuit loan,lawsuit loans,lawsuit advance
Plaintiffs who are injured in auto accidents, on the job, on premises, or other unfortunate events will seek treatment for their injuries. Every injured claimant should know that the first visit to a care provider might be the most important step with regard to their claim. On the first visit, the initial diagnosis will greatly define the extent of the injuries. For seriously injured claimants with broken bones and/or lacerations, the injuries are obvious and often severe. On the other hand, injured claimants who sustain less serious but sometimes equally as painful injuries such as strains and sprains, disc bulges and herniations, the diagnoses are not so clear and the treatment prescribed is less obvious.Plaintiffs that fall into the category of less serious injuries often seek therapy from chiropractic centers and/or other rehabilitation services. While these practitioners often provide relief and speed the recovery from injury, claimants must be careful not to over treat their injuries.Why is this a problem?Over treatment of an injury will reduce the amount of settlement proceeds that you should receive.Here is how it works. Let's say that you have sustained a strained back that includes some disc bulge. As long as there are not any highly irregular circumstances, the defendant insurance company will have a pre-determined amount that they will be willing to settle for. This amount is not going to change much during the settlement negotiation. In the meantime, if you continue to treat and treat the injury, the medical bills will increase and increase. It is NOT true that the larger the medical bills, the larger the settlement. It depends greatly on the type of treatment. Therefore, as the amount due to the chiropractic center increases, less of the settlement will be available for you, the claimant.Lawsuit Cash Advance's advice to claimants – treat your injuries, get the help you need, including treatment at the chiropractic clinics and rehabilitation centers, but do not abuse and over treat, and lose out on your settlement.Steve Sabes is president of Lawsuit Cash Advance, LLC, a Minneapolis-based provider of lawsuit cash advances to personal injury accident victims awaiting settlement of their personal injury claim.
Keyword : lawsuit cash advance,lawsuit cash advances,lawsuit loan,lawsuit loans,lawsuit advance
Tax Attorneys
Author : J Shipper
Few things threaten your well-being like the
harassment and anxiety of persistent tax problems.
Most people make 3 mistakes that get them in trouble with the IRS.
They procrastinate.
They attempt to represent themselves.
They hire sub-par representation and now are in MORE need of help than ever before.These are the kind of services a Tax Attorney can provide:
Offer in Compromise Cases,
Penalty Abatement Petitions,
Full Audit Representations
Business Strategy Sessions.
Preparation and Filing of Tax Returns.
Settle taxes for Pennies on the Dollar owed,
Stop IRS wage and bank levies (garnishments),
Have property liens lifted,
get affordable installment agreements,
File bankruptcy against the IRS,
Have penalties and interest forgiven,
Reduce taxes by running out the IRS' time to collect.
Offer in Compromise:
Settle your taxes for
Pennies on the Dollar owed
Professional law offices can help get you a favorable settlement with an experienced IRS tax attorney.
The IRS' Offer in Compromise program allows taxpayers to settle their tax debt.What is an IRS offer in compromise?It settles your tax liability for less than the full amount owed, providing you can prove you don't have the ability to pay.
Depending on how much you can afford, you really can pay "Pennies on the Dollar Owed" in taxes.
If it is done correctly - this option could save you an enormous amount of money, and is the best strategy for most taxpayers.
You should take extreme caution.
You should hire a professional with knowledge of the IRS' procedures.
This professional should determine the least amount that the IRS will accept from you.
If the Offer is not submitted correctly it will be rejected, or you may be required to pay more than is necessary.An Offer in Compromise may save you a LARGE amount of money.
Do you know that the IRS only has a limited time
to collect your back taxes?
Let a Professional Tax Attorney determine when the IRS' time limit to collect taxes runs out.
In most cases the IRS has only a limited time to collect the unpaid taxes.
You must CAREFULLY evaluate exactly when that time period will run out.
Your troubles may be solved.
and moreover:
If the IRS' time has run out, or if it will run out soon, your troubles may be over.Delaying tactics may be used to stall the IRS while their time runs out.
Once the IRS is out of time, they MUST stop ALL collection action against you.The IRS MUST release all property liensTAX RETURNS - FAILURE TO FILEMany people fail to file Individual Income Tax Returns for a variety of reasons. Some reasons are innocent, although the most common is the fact that people can't afford to pay the taxes.When this happens it becomes difficult to get back into the system. "I filed for 1998. I couldn't pay for 2000, so I did not file. Then I was afraid to file for 2001. I haven't filed since then. What can I do now?"If you do not file Income Tax Returns you commit a criminal offense. However, no one who has voluntarily filed back returns before being caught has ever been criminally prosecuted. That is the first key: filing BEFORE they catch you.IRS Penalties
Some IRS penalties can be as high as 100% to 150% of the original taxes owed. Even if you could pay the taxes owed, the extra penalties will make it impossible to pay off the entire balance.The IRS imposes penalties to punish taxpayers and keep them in line. The IRS does forgive penalties. Before you pay the IRS any penalty amounts, you may want to consider requesting the IRS to not punish you because it wasn't your fault.J Shipper is interested in Tax Attorneys.
Find out more at:
http://www.tax-attorney.biz
Keyword : tax attorney, tax lawyers, IRS problems
Few things threaten your well-being like the
harassment and anxiety of persistent tax problems.
Most people make 3 mistakes that get them in trouble with the IRS.
They procrastinate.
They attempt to represent themselves.
They hire sub-par representation and now are in MORE need of help than ever before.These are the kind of services a Tax Attorney can provide:
Offer in Compromise Cases,
Penalty Abatement Petitions,
Full Audit Representations
Business Strategy Sessions.
Preparation and Filing of Tax Returns.
Settle taxes for Pennies on the Dollar owed,
Stop IRS wage and bank levies (garnishments),
Have property liens lifted,
get affordable installment agreements,
File bankruptcy against the IRS,
Have penalties and interest forgiven,
Reduce taxes by running out the IRS' time to collect.
Offer in Compromise:
Settle your taxes for
Pennies on the Dollar owed
Professional law offices can help get you a favorable settlement with an experienced IRS tax attorney.
The IRS' Offer in Compromise program allows taxpayers to settle their tax debt.What is an IRS offer in compromise?It settles your tax liability for less than the full amount owed, providing you can prove you don't have the ability to pay.
Depending on how much you can afford, you really can pay "Pennies on the Dollar Owed" in taxes.
If it is done correctly - this option could save you an enormous amount of money, and is the best strategy for most taxpayers.
You should take extreme caution.
You should hire a professional with knowledge of the IRS' procedures.
This professional should determine the least amount that the IRS will accept from you.
If the Offer is not submitted correctly it will be rejected, or you may be required to pay more than is necessary.An Offer in Compromise may save you a LARGE amount of money.
Do you know that the IRS only has a limited time
to collect your back taxes?
Let a Professional Tax Attorney determine when the IRS' time limit to collect taxes runs out.
In most cases the IRS has only a limited time to collect the unpaid taxes.
You must CAREFULLY evaluate exactly when that time period will run out.
Your troubles may be solved.
and moreover:
If the IRS' time has run out, or if it will run out soon, your troubles may be over.Delaying tactics may be used to stall the IRS while their time runs out.
Once the IRS is out of time, they MUST stop ALL collection action against you.The IRS MUST release all property liensTAX RETURNS - FAILURE TO FILEMany people fail to file Individual Income Tax Returns for a variety of reasons. Some reasons are innocent, although the most common is the fact that people can't afford to pay the taxes.When this happens it becomes difficult to get back into the system. "I filed for 1998. I couldn't pay for 2000, so I did not file. Then I was afraid to file for 2001. I haven't filed since then. What can I do now?"If you do not file Income Tax Returns you commit a criminal offense. However, no one who has voluntarily filed back returns before being caught has ever been criminally prosecuted. That is the first key: filing BEFORE they catch you.IRS Penalties
Some IRS penalties can be as high as 100% to 150% of the original taxes owed. Even if you could pay the taxes owed, the extra penalties will make it impossible to pay off the entire balance.The IRS imposes penalties to punish taxpayers and keep them in line. The IRS does forgive penalties. Before you pay the IRS any penalty amounts, you may want to consider requesting the IRS to not punish you because it wasn't your fault.J Shipper is interested in Tax Attorneys.
Find out more at:
http://www.tax-attorney.biz
Keyword : tax attorney, tax lawyers, IRS problems
California Child Support Laws, Golden State
Author : Holcy Thompson III
Both parents have a legal duty to provide financial support for their children. In California, as in most other states, the court may order either or both parents to make regular child support payments that cover a child's living and medical expenses.California's child support agency is administered through the Department of Child Support Services. This agency can help both custodial and non-custodial parents with a number of child support related services such as establishing paternity, locating a non-custodial parent, establishing, enforcing, and modifying child support orders, and collecting and distributing child support payments.Establishing Paternity for California child support lawsYour child's paternity must be established before child support can be ordered. Establishing legal paternity gives your child many rights, including child support, access to medical records, government benefits and more.There are several methods you can use to establish the paternity of your child. The simplest method for establishing paternity is to complete a Paternity Opportunity Program Declaration. This form must be filled out and signed by both parents to establish paternity without going to court. If necessary, California's child support agency can assist you in establishing the paternity of your child by helping you get free or low-cost genetic testing when the child's father is in question.If the child's father lives in another state, California's child support agency can work with the other state's agencies to obtain genetic testing, establish a child support order and enforce child support payments.Paying California child support lawsOnce a child support order has been established, the non-custodial parent will generally be required to continue making payments until the minor child emancipates or until otherwise noted in the child support order. Under California law, a parent's obligation to pay support continues until the child becomes eighteen years of age. Under certain circumstances (if the child is unmarried and attending high school full time), the current support obligation may continue until the child is nineteen.Modifying California child support lawsIn order to modify a child support order, you must contact your local child support agency to request a modification of the child support order and then cooperate in the review process by providing the requested financial and visitation information.You can also request the modification of a child support order by filing a motion directly with the court. Contact the Family Law Facilitator's office in your county of residence for help in filing the motion. See below for a complete list of Family Law Facilitators.More reviews on California child support lawsOrVisit the Child Support laws home page
Keyword : california child support laws, child support laws, child support, california
Both parents have a legal duty to provide financial support for their children. In California, as in most other states, the court may order either or both parents to make regular child support payments that cover a child's living and medical expenses.California's child support agency is administered through the Department of Child Support Services. This agency can help both custodial and non-custodial parents with a number of child support related services such as establishing paternity, locating a non-custodial parent, establishing, enforcing, and modifying child support orders, and collecting and distributing child support payments.Establishing Paternity for California child support lawsYour child's paternity must be established before child support can be ordered. Establishing legal paternity gives your child many rights, including child support, access to medical records, government benefits and more.There are several methods you can use to establish the paternity of your child. The simplest method for establishing paternity is to complete a Paternity Opportunity Program Declaration. This form must be filled out and signed by both parents to establish paternity without going to court. If necessary, California's child support agency can assist you in establishing the paternity of your child by helping you get free or low-cost genetic testing when the child's father is in question.If the child's father lives in another state, California's child support agency can work with the other state's agencies to obtain genetic testing, establish a child support order and enforce child support payments.Paying California child support lawsOnce a child support order has been established, the non-custodial parent will generally be required to continue making payments until the minor child emancipates or until otherwise noted in the child support order. Under California law, a parent's obligation to pay support continues until the child becomes eighteen years of age. Under certain circumstances (if the child is unmarried and attending high school full time), the current support obligation may continue until the child is nineteen.Modifying California child support lawsIn order to modify a child support order, you must contact your local child support agency to request a modification of the child support order and then cooperate in the review process by providing the requested financial and visitation information.You can also request the modification of a child support order by filing a motion directly with the court. Contact the Family Law Facilitator's office in your county of residence for help in filing the motion. See below for a complete list of Family Law Facilitators.More reviews on California child support lawsOrVisit the Child Support laws home page
Keyword : california child support laws, child support laws, child support, california
Divorce, Taxes, and the IRS
Author : Howard Iken
In Divorce, potential tax liability can frequently become the tool for one spouse to use against the other spouse. If improperly used, this tool can destroy all of the marital assets. In the worst case, tax liability can seriously impact the future financial security of either spouse and subject them to criminal sanctions.Situation 1 - Your Spouse Owns a BusinessThe most common situation where taxes become an issue in a divorce is they there is a family business. The owner - spouse may have hidden cash receipts or engage in a practice of recording inflated expenses. This common practice by many business owners is a fraudulent attempt to minimize taxes. The other spouse is often aware of and approves of this practice. During the marriage, minimization of taxes results in higher household income and a better lifestyle for the couple.This practice is illegal or borders on illegal. During the marriage it is a secret between the married couple. But during a divorce each spouse may try to use past tax behavior to gain an advantage. The owner - spouse wants to minimize past income in an effort to lower child support, alimony, or division of marital property. Of course the other spouse wants to prove the opposite.The result is a game of chicken - with one spouse threatening to turn the other spouse in to the IRS. This is a dangerous game for all involved. Do it yourselfers will find the situation blowing up in their face. People with attorneys may find the attorney reluctant to deal with the situation.The Potential Problems:• Your Attorney cannot assist the owner/spouse commit the crime of tax evasion.
• The non-owner spouse may end up liable for half of the back taxes, penalties, and fines.
• The divorce court Judge may decide to turn everyone in.
• In an extreme situation, everyone can go to jail.Situation 2 - You Make a Surprise Discovery: Your Spouse is a Tax CheatAnother common situation in divorce: the sudden realization that a spouse is a tax cheat – and you were completely unaware until the divorce.The Potential Problems:• You may end up owing the IRS half the overdue taxes.
• You may end up owing the IRS the ENTIRE tax bill.
• The overdue tax bill may be double the actual unpaid taxes, due to penalties, fines, and interest.The Potential Solution:The IRS has a provision called Innocent Spouse Relief. This provision gives complete or partial tax forgiveness to an innocent spouse. But be aware - the definition of "innocent" is technical, elusive, and difficult to understand.Two available forms of tax relief:• Innocent Spouse Relief - Discharge of Liability
• Separate Tax Liability for Each SpouseThe first form of relief wipes out your tax debt in part or full. You must have not had any knowledge of the incorrect or fraudulently prepared tax returns. That means you cannot look like you were aware of any part of the return. Also, you must not have benefited from the hidden income. That means you cannot be driving a Mercedes and at the same time signing a tax return that show $200/week in income.The second form of relief is slightly easier to get. If you qualify, the IRS will separate out the tax liability of your income from your spouse's hidden income. This type of relief may have the effect of wiping out extreme tax bills and penalties.The Bottom Line: Always be aware of these types of tax situations. The financial effect can be far worse than the divorce. If you believe this type of problem is in your future, start preparing immediately. Do not sign a joint tax return for your upcoming tax filing. File married-filing-separately. The moment you suspect a potential tax liability, begin to separate your financial life from your spouse's financial life and then promptly file for divorce.Copyright 2006 The Divorce Center P.A.Divorce Attorney Howard Iken has a rapidly growing divorce practice in the Tampa Bay area of Florida. He can be reached at 727-844-7676. More information on divorce can be found at Divorce in Pinellas and Hillsborough County More information on Divorce Attorney Howard Iken can be found at Tampa Florida Divorce Attorney.
Keyword : tampa divorce, tampa divorce attorney, tampa divorce lawyer, hillsborough county divorce, hillsborou
In Divorce, potential tax liability can frequently become the tool for one spouse to use against the other spouse. If improperly used, this tool can destroy all of the marital assets. In the worst case, tax liability can seriously impact the future financial security of either spouse and subject them to criminal sanctions.Situation 1 - Your Spouse Owns a BusinessThe most common situation where taxes become an issue in a divorce is they there is a family business. The owner - spouse may have hidden cash receipts or engage in a practice of recording inflated expenses. This common practice by many business owners is a fraudulent attempt to minimize taxes. The other spouse is often aware of and approves of this practice. During the marriage, minimization of taxes results in higher household income and a better lifestyle for the couple.This practice is illegal or borders on illegal. During the marriage it is a secret between the married couple. But during a divorce each spouse may try to use past tax behavior to gain an advantage. The owner - spouse wants to minimize past income in an effort to lower child support, alimony, or division of marital property. Of course the other spouse wants to prove the opposite.The result is a game of chicken - with one spouse threatening to turn the other spouse in to the IRS. This is a dangerous game for all involved. Do it yourselfers will find the situation blowing up in their face. People with attorneys may find the attorney reluctant to deal with the situation.The Potential Problems:• Your Attorney cannot assist the owner/spouse commit the crime of tax evasion.
• The non-owner spouse may end up liable for half of the back taxes, penalties, and fines.
• The divorce court Judge may decide to turn everyone in.
• In an extreme situation, everyone can go to jail.Situation 2 - You Make a Surprise Discovery: Your Spouse is a Tax CheatAnother common situation in divorce: the sudden realization that a spouse is a tax cheat – and you were completely unaware until the divorce.The Potential Problems:• You may end up owing the IRS half the overdue taxes.
• You may end up owing the IRS the ENTIRE tax bill.
• The overdue tax bill may be double the actual unpaid taxes, due to penalties, fines, and interest.The Potential Solution:The IRS has a provision called Innocent Spouse Relief. This provision gives complete or partial tax forgiveness to an innocent spouse. But be aware - the definition of "innocent" is technical, elusive, and difficult to understand.Two available forms of tax relief:• Innocent Spouse Relief - Discharge of Liability
• Separate Tax Liability for Each SpouseThe first form of relief wipes out your tax debt in part or full. You must have not had any knowledge of the incorrect or fraudulently prepared tax returns. That means you cannot look like you were aware of any part of the return. Also, you must not have benefited from the hidden income. That means you cannot be driving a Mercedes and at the same time signing a tax return that show $200/week in income.The second form of relief is slightly easier to get. If you qualify, the IRS will separate out the tax liability of your income from your spouse's hidden income. This type of relief may have the effect of wiping out extreme tax bills and penalties.The Bottom Line: Always be aware of these types of tax situations. The financial effect can be far worse than the divorce. If you believe this type of problem is in your future, start preparing immediately. Do not sign a joint tax return for your upcoming tax filing. File married-filing-separately. The moment you suspect a potential tax liability, begin to separate your financial life from your spouse's financial life and then promptly file for divorce.Copyright 2006 The Divorce Center P.A.Divorce Attorney Howard Iken has a rapidly growing divorce practice in the Tampa Bay area of Florida. He can be reached at 727-844-7676. More information on divorce can be found at Divorce in Pinellas and Hillsborough County More information on Divorce Attorney Howard Iken can be found at Tampa Florida Divorce Attorney.
Keyword : tampa divorce, tampa divorce attorney, tampa divorce lawyer, hillsborough county divorce, hillsborou
Why Are DUI Sobriety Checkpoints Constitutional?
Author : Lawrence Taylor
Have you ever wondered how police can stop you at a DUI roadblock (aka "sobriety checkpoint")? Doesn't the Constitution require them to have "probable cause before stopping you"? Yes and no, explains Lawrence Taylor who heads up a team of California DUI attorneys that specialize in DUI defense.The Constitution of the United States clearly says that police can't just stop someone and conduct an investigation unless there are "articulable facts" indicating possible criminal activity. So how can they do exactly that with drunk driving roadblocks? Good question. And it was raised in the case of Michigan v. Sitz, in which the Michigan Supreme Court striking down DUI roadblocks as unconstitutional. In a 6-3 decision, however, the U.S. Supreme Court reversed the Michigan court, holding that they were constitutionally permissible.Chief Justice Rehnquist began his majority opinion by admitting that DUI sobriety checkpoints do, in fact, constitute a "seizure" within the language of the Fourth Amendment. In other words, yes, it appears to be a blatant violation of the Constitution. However, he continued, it's only a little one, and something has to be done about the "carnage" on the highways caused by drunk drivers. The "minimal intrusion on individual liberties", Rhenquist wrote, must be "weighed" against the need for -- and effectiveness of -- DUI roadblocks. In other words, the ends justify the means.The dissenting justices pointed out that the Constitution doesn't make exceptions: The sole question is whether the police had probable cause to stop the individual driver. As Justice Brennan wrote, "That stopping every car might make it easier to prevent drunken driving...is an insufficient justification for abandoning the requirement of individualized suspicion... The most disturbing aspect of the Court's decision today is that it appears to give no weight to the citizen's interest in freedom from suspicionless investigatory seizures".Rehnquist's justification for ignoring the Constitution rested on the assumption that DUI roadblocks were "necessary" and "effective". Are they? As Justice Stevens wrote in another dissenting opinion, the Michigan court had already reviewed the statistics on DUI sobriety checkpoints/roadblocks: "The findings of the trial court, based on an extensive record and affirmed by the Michigan Court of Appeals," he wrote, "indicate that the net effect of sobriety checkpoints on traffic safety is infinitesimal and possibly negative".Note: The case was sent back to the Michigan Supreme Court to change its decision accordingly. But the Michigan Supreme Court sidestepped Rehnquist by holding that DUI checkpoints, though now permissible under the U.S. Constitution, were not permissible under the Michigan State Constitution, and ruled again in favor of the defendant -- in effect saying to Rehnquist, "If you won't protect our citizens, we will". A small number of states have since followed Michigan's example.Please visit the Law Offices of Lawrence Taylor at http://www.duicentral.com/ for more information.
Keyword : dui, sobriety checkpoint, drunk driving defense, attorney, lawyer
Have you ever wondered how police can stop you at a DUI roadblock (aka "sobriety checkpoint")? Doesn't the Constitution require them to have "probable cause before stopping you"? Yes and no, explains Lawrence Taylor who heads up a team of California DUI attorneys that specialize in DUI defense.The Constitution of the United States clearly says that police can't just stop someone and conduct an investigation unless there are "articulable facts" indicating possible criminal activity. So how can they do exactly that with drunk driving roadblocks? Good question. And it was raised in the case of Michigan v. Sitz, in which the Michigan Supreme Court striking down DUI roadblocks as unconstitutional. In a 6-3 decision, however, the U.S. Supreme Court reversed the Michigan court, holding that they were constitutionally permissible.Chief Justice Rehnquist began his majority opinion by admitting that DUI sobriety checkpoints do, in fact, constitute a "seizure" within the language of the Fourth Amendment. In other words, yes, it appears to be a blatant violation of the Constitution. However, he continued, it's only a little one, and something has to be done about the "carnage" on the highways caused by drunk drivers. The "minimal intrusion on individual liberties", Rhenquist wrote, must be "weighed" against the need for -- and effectiveness of -- DUI roadblocks. In other words, the ends justify the means.The dissenting justices pointed out that the Constitution doesn't make exceptions: The sole question is whether the police had probable cause to stop the individual driver. As Justice Brennan wrote, "That stopping every car might make it easier to prevent drunken driving...is an insufficient justification for abandoning the requirement of individualized suspicion... The most disturbing aspect of the Court's decision today is that it appears to give no weight to the citizen's interest in freedom from suspicionless investigatory seizures".Rehnquist's justification for ignoring the Constitution rested on the assumption that DUI roadblocks were "necessary" and "effective". Are they? As Justice Stevens wrote in another dissenting opinion, the Michigan court had already reviewed the statistics on DUI sobriety checkpoints/roadblocks: "The findings of the trial court, based on an extensive record and affirmed by the Michigan Court of Appeals," he wrote, "indicate that the net effect of sobriety checkpoints on traffic safety is infinitesimal and possibly negative".Note: The case was sent back to the Michigan Supreme Court to change its decision accordingly. But the Michigan Supreme Court sidestepped Rehnquist by holding that DUI checkpoints, though now permissible under the U.S. Constitution, were not permissible under the Michigan State Constitution, and ruled again in favor of the defendant -- in effect saying to Rehnquist, "If you won't protect our citizens, we will". A small number of states have since followed Michigan's example.Please visit the Law Offices of Lawrence Taylor at http://www.duicentral.com/ for more information.
Keyword : dui, sobriety checkpoint, drunk driving defense, attorney, lawyer
Litigation Financing Expenses
Author : Jennifer Bailey
Litigation Financing is a means to help the person fighting litigation with financial expenses. This is an amount fixed by the Litigation Financing Company as pre-settlement charges. These expenses are given as advances, for which the recovery is made only if the client wins the case.Litigation Financing Expenses are handled through the attorney hired by the individual. An individual awaiting a fair settlement in a personal injury or any other situation decides to file a lawsuit. As a layman he or she may need the support and advice of an expert attorney. The attorney becomes the guide and philosopher to the individual. He or she builds up a case after going through the possibilities for a 'good settlement' or meritorious settlement charges. Once the case is filed, it is through the attorney that the individual contacts a Litigation Financing company or any source for the expenses involved.Here, the attorney is helping with Litigation Expenses as 'only' an advance. The individual should not take any litigation cash advance or litigation loan from his or her attorney. It is unethical for an attorney to borrow funds from a lending company to pay for his or her client. On doing so the attorney will get a security interest with the contingent fee from the lender. Also, the attorney may have ulterior motives to recover the dues from the client. This would mean that the attorney is 'cheating' on his or her client.Therefore, it is not permissible for the attorney to finance Litigation Expenses. The company deals with the individual through the attorney. While the attorney gets a contingent fee, the company buys a portion or share of the recovery settlement charges. There is no place for any expense in the form of interest or monthly payments in any Litigation Financing. Thus, for ethical reasons, no attorney lends money to his or her client.Litigation Financing provides detailed information about litigation financing, commercial litigation financing, litigation cash advances, litigation financing companies and more. Litigation Financing is the sister site of Lawsuit Funding Companies.
Keyword : litigation financing,commercial litigation financing,litigation cash advances,litigation financing c
Litigation Financing is a means to help the person fighting litigation with financial expenses. This is an amount fixed by the Litigation Financing Company as pre-settlement charges. These expenses are given as advances, for which the recovery is made only if the client wins the case.Litigation Financing Expenses are handled through the attorney hired by the individual. An individual awaiting a fair settlement in a personal injury or any other situation decides to file a lawsuit. As a layman he or she may need the support and advice of an expert attorney. The attorney becomes the guide and philosopher to the individual. He or she builds up a case after going through the possibilities for a 'good settlement' or meritorious settlement charges. Once the case is filed, it is through the attorney that the individual contacts a Litigation Financing company or any source for the expenses involved.Here, the attorney is helping with Litigation Expenses as 'only' an advance. The individual should not take any litigation cash advance or litigation loan from his or her attorney. It is unethical for an attorney to borrow funds from a lending company to pay for his or her client. On doing so the attorney will get a security interest with the contingent fee from the lender. Also, the attorney may have ulterior motives to recover the dues from the client. This would mean that the attorney is 'cheating' on his or her client.Therefore, it is not permissible for the attorney to finance Litigation Expenses. The company deals with the individual through the attorney. While the attorney gets a contingent fee, the company buys a portion or share of the recovery settlement charges. There is no place for any expense in the form of interest or monthly payments in any Litigation Financing. Thus, for ethical reasons, no attorney lends money to his or her client.Litigation Financing provides detailed information about litigation financing, commercial litigation financing, litigation cash advances, litigation financing companies and more. Litigation Financing is the sister site of Lawsuit Funding Companies.
Keyword : litigation financing,commercial litigation financing,litigation cash advances,litigation financing c
New Jersey Criminal Lawyers
Author : Jason Gluckman
If you have been accused of a crime or think you might be, you should contact a criminal lawyer immediately. No matter how minor the charge, it's always beneficial to contact a criminal lawyer. A criminal lawyer is one who specializes in handling criminal defense cases. The role of a criminal lawyer is to represent anyone who commits a crime in order to prove his or her innocence. A criminal lawyer with substantial experience and expertise in this field can work on strategies to cleverly cross-examine the prosecution witnesses to prove your innocence in the case. And, in case of extreme situations, an expert criminal lawyer can work out negotiations with the prosecution lawyer to arrange for a lesser charger or reduced sentence.In order to have a strong defense, it's very important to hire the right lawyer who has expertise and a proven track record in handling the crime of which you are accused. Only an expert lawyer can provide you with a reality check—a knowledgeable, objective perspective on the situation—and make you aware of what is most likely to happen, which can prove vital for the defendant in deciding whether to accept prosecutor's offered bargain.Criminal law in United States varies from state to state. Though a basic law code is followed all across U.S., it does differ a little across the states. For example, in New Jersey, you have a right to a speedy and public trial. Also, you have a right not to be convicted unless the State can prove each and every element of the offense with which you are charged. If you have encountered a situation where you need to seek the help of a criminal lawyer in New Jersey, it would always be to your advantage to go for a local lawyer practicing there.It is unfortunately not always easy to find a good criminal defense lawyer. To find a good lawyer, it is always advisable to go by referrals from somebody who is familiar with the law practice. You may wish to sit through some public sessions of court while criminal cases are being argued. If you find a particular lawyer's performance to be impressive, you may take note of the lawyer's name and later contact the lawyer about the possibility of representing you. Each state and some major cities have organizations of criminal defense lawyers who can offer referral services or online directories. You can also browse through the yellow pages or online directories listing defense lawyers to find a good lawyer.New Jersey Lawyers provides detailed information about New Jersey lawyers, New Jersey bankruptcy lawyers, New Jersey business lawyers, New Jersey criminal lawyers and more. New Jersey Lawyers is the sister site of Louisiana Real Estate Lawyers.
Keyword : New Jersey lawyers,New Jersey bankruptcy lawyers,New Jersey business lawyers,criminal lawyers
If you have been accused of a crime or think you might be, you should contact a criminal lawyer immediately. No matter how minor the charge, it's always beneficial to contact a criminal lawyer. A criminal lawyer is one who specializes in handling criminal defense cases. The role of a criminal lawyer is to represent anyone who commits a crime in order to prove his or her innocence. A criminal lawyer with substantial experience and expertise in this field can work on strategies to cleverly cross-examine the prosecution witnesses to prove your innocence in the case. And, in case of extreme situations, an expert criminal lawyer can work out negotiations with the prosecution lawyer to arrange for a lesser charger or reduced sentence.In order to have a strong defense, it's very important to hire the right lawyer who has expertise and a proven track record in handling the crime of which you are accused. Only an expert lawyer can provide you with a reality check—a knowledgeable, objective perspective on the situation—and make you aware of what is most likely to happen, which can prove vital for the defendant in deciding whether to accept prosecutor's offered bargain.Criminal law in United States varies from state to state. Though a basic law code is followed all across U.S., it does differ a little across the states. For example, in New Jersey, you have a right to a speedy and public trial. Also, you have a right not to be convicted unless the State can prove each and every element of the offense with which you are charged. If you have encountered a situation where you need to seek the help of a criminal lawyer in New Jersey, it would always be to your advantage to go for a local lawyer practicing there.It is unfortunately not always easy to find a good criminal defense lawyer. To find a good lawyer, it is always advisable to go by referrals from somebody who is familiar with the law practice. You may wish to sit through some public sessions of court while criminal cases are being argued. If you find a particular lawyer's performance to be impressive, you may take note of the lawyer's name and later contact the lawyer about the possibility of representing you. Each state and some major cities have organizations of criminal defense lawyers who can offer referral services or online directories. You can also browse through the yellow pages or online directories listing defense lawyers to find a good lawyer.New Jersey Lawyers provides detailed information about New Jersey lawyers, New Jersey bankruptcy lawyers, New Jersey business lawyers, New Jersey criminal lawyers and more. New Jersey Lawyers is the sister site of Louisiana Real Estate Lawyers.
Keyword : New Jersey lawyers,New Jersey bankruptcy lawyers,New Jersey business lawyers,criminal lawyers
Consumer Protection in the Form of a Used Car Lemon Law
Author : Earl Powers
Lemon law was created to protect consumers from faulty and defective automobiles. Used car lemon law refers to legal support to consumers from buying used cars that turn out to be lemons. According the used car lemon law, the dealer needs to provide a written warranty. The written warranty as per used car lemon law ensures that the dealer shall repair, free of charge, any defects in covered parts or, at the dealer's option, provide reimbursement for the reasonable costs of such repairs. If the dealer is unable to repair the car after a reasonable number of attempts, then according to the used car lemon law consumer is entitled to a full refund of the purchase price.Several norms govern the enactment of the used car lemon law. Different states have different used car lemon law. Some states in United States do not enforce used car lemon law. Various norms for used car lemon law are that the vehicle should have been purchased, leased or transferred after eighteen thousand miles of operation or two years from the date of original delivery, whichever occurs earlier.The vehicle under used car lemon law should also have been leased from the same state where the law is enforced. The purchase price of the vehicle under used car lemon law should have been purchased or leased at least at a price of $1500. The vehicle should be primarily for personal use and should have been driven 100,000 miles or less at the time of purchase or lease.According the used car lemon law it should be primarily for personal use or for the use of family or household purpose. Used car lemon law is not applicable to cars purchased from individuals or independent sellers.Under the used car lemon law, a dealer is any person or business which sells or leases a used car after selling or leasing three or more used cars in the previous twelve month period. Banks or other financial institutions, except in the case of a lease, are not included. Similarly, a car purchased from a retail auto auction is also covered. In such a case the auction company should be registered with the Department of Motor Vehicles. During any sales by an auction company or the dealer, the seller must provide the lemon law warranty at the time or before the sale. In cases where a dealer fails to give you the written lemon law warranty, the dealer is nevertheless considered to have given the warranty and you are entitled to all the protections under the law.The used car lemon law sets only the minimum obligation for the dealers. However, a dealer may choose to provide additional warranty or may limit the coverage of the vehicle under warranty. The exclusion may include service or repair asked for due to consumer negligence, vandalism negligence, collision, abuse or theft, etc. Exclusion can also be for motor tune-up or repairs asked if the odometer has been tampered. There can be other several exclusions depending upon the dealers warranty provided.Different states have different contact points or toll free numbers where the consumer can obtain free information about used car lemon law. One needs to check out the contact numbers for a particular state where the used car lemon law needs to be enforced.Earl Powers, US Lawyer and Used Car Lemon Law expert - focusing on Car Lemon Laws and State Lemon Laws
Keyword : Used Car Lemon Law,State Lemon Laws,Lemon Law Lawyers,Car Lemon Laws,Lemon Law,Lemon Law Attorney
Lemon law was created to protect consumers from faulty and defective automobiles. Used car lemon law refers to legal support to consumers from buying used cars that turn out to be lemons. According the used car lemon law, the dealer needs to provide a written warranty. The written warranty as per used car lemon law ensures that the dealer shall repair, free of charge, any defects in covered parts or, at the dealer's option, provide reimbursement for the reasonable costs of such repairs. If the dealer is unable to repair the car after a reasonable number of attempts, then according to the used car lemon law consumer is entitled to a full refund of the purchase price.Several norms govern the enactment of the used car lemon law. Different states have different used car lemon law. Some states in United States do not enforce used car lemon law. Various norms for used car lemon law are that the vehicle should have been purchased, leased or transferred after eighteen thousand miles of operation or two years from the date of original delivery, whichever occurs earlier.The vehicle under used car lemon law should also have been leased from the same state where the law is enforced. The purchase price of the vehicle under used car lemon law should have been purchased or leased at least at a price of $1500. The vehicle should be primarily for personal use and should have been driven 100,000 miles or less at the time of purchase or lease.According the used car lemon law it should be primarily for personal use or for the use of family or household purpose. Used car lemon law is not applicable to cars purchased from individuals or independent sellers.Under the used car lemon law, a dealer is any person or business which sells or leases a used car after selling or leasing three or more used cars in the previous twelve month period. Banks or other financial institutions, except in the case of a lease, are not included. Similarly, a car purchased from a retail auto auction is also covered. In such a case the auction company should be registered with the Department of Motor Vehicles. During any sales by an auction company or the dealer, the seller must provide the lemon law warranty at the time or before the sale. In cases where a dealer fails to give you the written lemon law warranty, the dealer is nevertheless considered to have given the warranty and you are entitled to all the protections under the law.The used car lemon law sets only the minimum obligation for the dealers. However, a dealer may choose to provide additional warranty or may limit the coverage of the vehicle under warranty. The exclusion may include service or repair asked for due to consumer negligence, vandalism negligence, collision, abuse or theft, etc. Exclusion can also be for motor tune-up or repairs asked if the odometer has been tampered. There can be other several exclusions depending upon the dealers warranty provided.Different states have different contact points or toll free numbers where the consumer can obtain free information about used car lemon law. One needs to check out the contact numbers for a particular state where the used car lemon law needs to be enforced.Earl Powers, US Lawyer and Used Car Lemon Law expert - focusing on Car Lemon Laws and State Lemon Laws
Keyword : Used Car Lemon Law,State Lemon Laws,Lemon Law Lawyers,Car Lemon Laws,Lemon Law,Lemon Law Attorney
Lawsuit Cash Advances
Author : Jennifer Bailey
The purpose of a Lawsuit Cash Advance is to help people recover the compensation owed to them for personal injury inflicted upon them either due to a road accident, discrimination at the workplace or any sort of medical or legal malpractice. There are many companies who offer Lawsuit Cash Advances to enable the plaintiffs to fight their legal battle. The Cash Advances are not loans in the traditional sense of the word, for the injured person has to pay back the amount only upon winning the case, but not otherwise.If you are facing a situation where you are looking for a non-recourse loan, you can contact these companies and provide them the details of your case. The companies will then consult a lawyer to get feedback on the merits of the case, and an idea about the anticipated settlement amount. On winning the settlement, you would then have to give a certain percentage of the settlement to the financing company. The usual rate charged by these companies varies from ten to fifteen percent of the settlement amount.Another advantage is that your attorney will have the benefit of the advanced cash. It would enable him or her to prepare your case more effectively, as shortage of funds will no longer be an issue. The attorney will get the necessary time to collect the depositions and find the necessary witnesses. This will, in turn, improve your chances of winning your case and getting a suitable compensation packet.These Cash Advances offer you the opportunity to take your case to the courts. Otherwise you might have to opt for an out-of-court settlement, which could mean that you compromise on the amount.Yet, as a word of caution, it is necessary to add that taking such loans should be your last recourse. This is because, given the risk involved, the companies can ask you to shell out a hefty fee for their services. So before accepting Cash Advances for fighting your lawsuits, you must consider other options to raise the funds.Lawsuit Funding provides detailed information about lawsuit funding, lawsuit cash advances, lawsuit funding companies, lawsuit loan services and more. Lawsuit Funding is the sister site of Litigation Financing Companies.
Keyword : lawsuit funding, lawsuit cash advances, lawsuit funding companies, lawsuit loan services
The purpose of a Lawsuit Cash Advance is to help people recover the compensation owed to them for personal injury inflicted upon them either due to a road accident, discrimination at the workplace or any sort of medical or legal malpractice. There are many companies who offer Lawsuit Cash Advances to enable the plaintiffs to fight their legal battle. The Cash Advances are not loans in the traditional sense of the word, for the injured person has to pay back the amount only upon winning the case, but not otherwise.If you are facing a situation where you are looking for a non-recourse loan, you can contact these companies and provide them the details of your case. The companies will then consult a lawyer to get feedback on the merits of the case, and an idea about the anticipated settlement amount. On winning the settlement, you would then have to give a certain percentage of the settlement to the financing company. The usual rate charged by these companies varies from ten to fifteen percent of the settlement amount.Another advantage is that your attorney will have the benefit of the advanced cash. It would enable him or her to prepare your case more effectively, as shortage of funds will no longer be an issue. The attorney will get the necessary time to collect the depositions and find the necessary witnesses. This will, in turn, improve your chances of winning your case and getting a suitable compensation packet.These Cash Advances offer you the opportunity to take your case to the courts. Otherwise you might have to opt for an out-of-court settlement, which could mean that you compromise on the amount.Yet, as a word of caution, it is necessary to add that taking such loans should be your last recourse. This is because, given the risk involved, the companies can ask you to shell out a hefty fee for their services. So before accepting Cash Advances for fighting your lawsuits, you must consider other options to raise the funds.Lawsuit Funding provides detailed information about lawsuit funding, lawsuit cash advances, lawsuit funding companies, lawsuit loan services and more. Lawsuit Funding is the sister site of Litigation Financing Companies.
Keyword : lawsuit funding, lawsuit cash advances, lawsuit funding companies, lawsuit loan services
Cerebral Palsy Therapy
Author : Kristy Annely
While cerebral palsy is incurable, many of the symptoms can be treated. However, because multiple parts of the body may be affected, treatment is usually complicated and involves a multi-disciplinary approach. The exact treatment that a cerebral palsy patient undergoes also depends on the type and severity of cerebral palsy, and the absence or presence of other linked conditions such as mental retardation, visual impairment or hearing impairment.Typically, physical therapy is a central part of any cerebral palsy treatment regimen. If muscles are weak, they are exercised to prevent atrophy through lack of use. If muscles are spastic, they require treatment to prevent contracture or permanent and abnormal contraction that may result in significant mobility losses. Other forms of physical therapy aim to improve motor development and coordination. Behavioral and psychological therapy may also be required to teach coping skills and activities of daily living, as children with cerebral palsy grow older. Speech, vision and hearing impairments may require specific therapy by specialists to minimize or remove deficits.Drugs are also used to treat cerebral palsy. For patients with spastic cerebral palsy, muscle-relaxing drugs may be prescribed, or injections of alcohol may be given to relax certain muscle groups temporarily. Patients with athetoid cerebral palsy may be given drugs that decrease involuntary writhing movements. Anti-seizure medications are given to patients who suffer from seizures.Various types of surgery are used to treat cerebral palsy. There are several operations to lengthen muscles that are too short. Other operations reduce the amount of nerve impulses to certain muscles, thereby reducing spasticity in them. While some types of brain surgery and implants have also been tried to treat cerebral palsy, these forms of treatment have had mixed results. Specially designed orthopedic devices and other equipment also play a role in improving posture and mobility in patients with cerebral palsy.Cerebral Palsy Lawyers provides detailed information about cerebral palsy lawyers, ataxic cerebral palsy lawyer, athetoid cerebral palsy lawyer, spastic cerebral palsy lawyer and more. Cerebral Palsy Lawyers is the sister site of Brain Injury Lawyers.
Keyword : cerebral palsy lawyers, ataxic cerebral palsy lawyer, athetoid cerebral palsy lawyer, spastic cerebr
While cerebral palsy is incurable, many of the symptoms can be treated. However, because multiple parts of the body may be affected, treatment is usually complicated and involves a multi-disciplinary approach. The exact treatment that a cerebral palsy patient undergoes also depends on the type and severity of cerebral palsy, and the absence or presence of other linked conditions such as mental retardation, visual impairment or hearing impairment.Typically, physical therapy is a central part of any cerebral palsy treatment regimen. If muscles are weak, they are exercised to prevent atrophy through lack of use. If muscles are spastic, they require treatment to prevent contracture or permanent and abnormal contraction that may result in significant mobility losses. Other forms of physical therapy aim to improve motor development and coordination. Behavioral and psychological therapy may also be required to teach coping skills and activities of daily living, as children with cerebral palsy grow older. Speech, vision and hearing impairments may require specific therapy by specialists to minimize or remove deficits.Drugs are also used to treat cerebral palsy. For patients with spastic cerebral palsy, muscle-relaxing drugs may be prescribed, or injections of alcohol may be given to relax certain muscle groups temporarily. Patients with athetoid cerebral palsy may be given drugs that decrease involuntary writhing movements. Anti-seizure medications are given to patients who suffer from seizures.Various types of surgery are used to treat cerebral palsy. There are several operations to lengthen muscles that are too short. Other operations reduce the amount of nerve impulses to certain muscles, thereby reducing spasticity in them. While some types of brain surgery and implants have also been tried to treat cerebral palsy, these forms of treatment have had mixed results. Specially designed orthopedic devices and other equipment also play a role in improving posture and mobility in patients with cerebral palsy.Cerebral Palsy Lawyers provides detailed information about cerebral palsy lawyers, ataxic cerebral palsy lawyer, athetoid cerebral palsy lawyer, spastic cerebral palsy lawyer and more. Cerebral Palsy Lawyers is the sister site of Brain Injury Lawyers.
Keyword : cerebral palsy lawyers, ataxic cerebral palsy lawyer, athetoid cerebral palsy lawyer, spastic cerebr
DNA Paternity Testing Services – How to Choose the Right One for You
Author : Peter Vine
If you do a search on Google for "DNA Paternity testing services" you will find almost 2 million matches. Companies offering DNA testing services are emerging everywhere, and you need to be very careful who you trust your Paternity testing requirement to. In brief there are generally 3 types of service providers:1.Companies that specialise in DNA paternity testing and have their own laboratory facilities to carry out the work.2.Companies that are brokers for other service providers, and simply broker a partnership between the end user and the service provider.3.Laboratories that simply carry out DNA testing as a 'side-line' as opposed to a core activity.It goes without question that you should only commission your work to organisations that fall into category 1 above. Any other alternative increases the risk that you may not get a reliable result, with the enormity of consequences this is likely to bring. Once you've decided on a company to carry out your work, there are some further questions you need to ask before you commence any analysis, these include:•Has the companies scientific testing facilities been accredited by an external organisation such as the American association of blood banks?•Has the company a strong track record in carrying out an interpreting DNA testing results? Furthermore has the company ever presented evidence of a DNA result in a court of law?•If you're going to commission your testing online, does the company have a physical address that can be verified as opposed to a Po Box (which normally signifies you're dealing with a broker)?•How will the results be presented for each of the two different scenarios of 'match' and 'non-match'?•Will all laboratory testing be carried out in duplicate to reduce any process based errors?The outcome of the answers to these questions should provide you with reassurance that the company doing your work is a reliable organisation. You may wish to continue your research and confirm the right answers to the questions above, by visiting the Paternity testing specialist website, highlighted in the author section below.Peter Vine is a successful online publisher of Home-DNA-Test-Expert.com
He provides practical advice and the latest information on all aspects of DNA Paternity Testing Services, which you can readily research on his website. Don't forget to pick up your Free Home DNA testing kit, while you're at the site.
Keyword : DNA paternity testing, DNA testing, home dna testing, DNA testing services
If you do a search on Google for "DNA Paternity testing services" you will find almost 2 million matches. Companies offering DNA testing services are emerging everywhere, and you need to be very careful who you trust your Paternity testing requirement to. In brief there are generally 3 types of service providers:1.Companies that specialise in DNA paternity testing and have their own laboratory facilities to carry out the work.2.Companies that are brokers for other service providers, and simply broker a partnership between the end user and the service provider.3.Laboratories that simply carry out DNA testing as a 'side-line' as opposed to a core activity.It goes without question that you should only commission your work to organisations that fall into category 1 above. Any other alternative increases the risk that you may not get a reliable result, with the enormity of consequences this is likely to bring. Once you've decided on a company to carry out your work, there are some further questions you need to ask before you commence any analysis, these include:•Has the companies scientific testing facilities been accredited by an external organisation such as the American association of blood banks?•Has the company a strong track record in carrying out an interpreting DNA testing results? Furthermore has the company ever presented evidence of a DNA result in a court of law?•If you're going to commission your testing online, does the company have a physical address that can be verified as opposed to a Po Box (which normally signifies you're dealing with a broker)?•How will the results be presented for each of the two different scenarios of 'match' and 'non-match'?•Will all laboratory testing be carried out in duplicate to reduce any process based errors?The outcome of the answers to these questions should provide you with reassurance that the company doing your work is a reliable organisation. You may wish to continue your research and confirm the right answers to the questions above, by visiting the Paternity testing specialist website, highlighted in the author section below.Peter Vine is a successful online publisher of Home-DNA-Test-Expert.com
He provides practical advice and the latest information on all aspects of DNA Paternity Testing Services, which you can readily research on his website. Don't forget to pick up your Free Home DNA testing kit, while you're at the site.
Keyword : DNA paternity testing, DNA testing, home dna testing, DNA testing services
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