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  Bankruptcy : A S A

There are so many negative misconceptions surrounding the process of filing for bankruptcy that some people are reluctant or hesitant to seek federal bankruptcy protection even when they really need it.

Not having all of the facts about any issue, especially bankruptcy, can hinder or severely limit one's ability to make well informed decisions about your financial situation. Sure there is a lot of information available on the topic of bankruptcy but you have to consider the source of that data which can help you determine the reliability of the information.

There are many circumstances that may be responsible for filing personal bankruptcy; loss of employment, out of control expenditures or unexpected medical bills. Filing for personal bankruptcy is always traumatic and an individual should never file as an easy way to get out of trouble. Before filing, other repayment options should be examined. Consumer credit counselling is often a good option, but if you realize you can't keep up with the payments, you should take action quickly. Ignoring the problem will only make it worse as creditors pile on late fees and take legal action to take your property and wages.

Putting yourself through the process of personal bankruptcy can be very trying and stressful at times, Personal bankruptcy is a serious decision that only you can make. It may affect your future financial status, but it is a good way to take responsibility of your present financial situation and declare your outstanding debts. It is often seen as a step towards healing your overwhelming financial problems.

The reasons for your financial problems could be a result of many things; the economy, unexpected medical bills, or out of control spending. When life gets to the point where you are plagued by sleepless nights and you're constantly worried about the state of your financial future.

Once the personal bankruptcy process is completed, your financial slate is wiped clean and you are free to make a fresh financial start. One of the biggest positive aspects of bankruptcy is that the stress and pressure from creditors is legally removed. Creditors will no longer be allowed to take any further court action once a personal bankruptcy order is in place. Following the completion of personal bankruptcy, you can start anew without the overwhelming burden of debt. This may be your best opportunity to start over, and a fresh start is just what you've been hoping for.

Many people underestimate everything that can potentially accompany a bankruptcy filing. This is why it is extremely beneficial to have on your side every step of the way.

You can expect to have the last few months of your financial transactions meticulously scrutinized. Your transactions should match up with your current predicament. For example, if you say that you are in dire need of federal then your credit card records should not reflect expensive shopping sprees featuring luxury items. Bankruptcy officials will become suspicious if you have recently purchased major items that are more of a luxury than a necessity. If you have recently transferred titles to any vehicles or property into a friend or family member's name then that type of activity will definitely raise some red flags. If too many red flags are raised then claim could be in jeopardy. You may ultimately be denied the opportunity to file for bankruptcy. If you are still permitted to file then you may not be able to include all of those lavish purchases. In that event, you will be required to make individual to those creditors on your own. A good rule of thumb is to make sure that the six months immediately prior to you filing for bankruptcy align your situation and your credit card purchases. The same is true for cash advances. You will have to provide some sort of explanation for suddenly withdrawing a few thousand dollars and then immediately filing for personal bankruptcy. If your financial history is sketchy then perhaps you should prolong your filing for a little

Federal bankruptcy guidelines passed in late October of 2005 stipulate that chapter 7 filers must wait at least seven years before they can seek federal bankruptcy protection for a second time. Knowing this, there are many organizations that offer bankruptcy services to provide financial assistance to help previous filers avoid filing for bankruptcy for a second time.

Many companies that offer bankruptcy services can help you get on track and stay on track after a bankruptcy in an effort to steer clear of a second bankruptcy filing. First, you will want to gradually ease back into the financial industry. If mismanagement of credit cards was the primary reason that you filed for bankruptcy in the first place, then representatives at an bankruptcy services center might suggest or recommend that your post bankruptcy process not include credit cards in the beginning. That may be hard to digest at first but learning to live without being wholly dependent on credit cards.

You can start by focusing on establishing a healthy savings account. Create a monthly budget so that you can see exactly how much money is going out each month. This will allow you to see exactly how much money you can allocate to your savings account each month without it becoming burdensome to you. After all of your essentials are taken care of, dedicate a percentage of your income to your savings account. Try to commit to the same amount of money each month and do not access the funds except for in cases of extreme emergencies. This will require a certain amount of self-control or restraint. If this is challenging for you, consider banking with banks that discourage frequent withdrawals by assessing penalties on early or excessive withdrawals or limiting the amount of monthly withdrawals.

Texas Medical Professionals and the Licensing Complaint Process : Tony R. Bertolino

You have just spent years of your life in the classroom and walking the hallways of teaching hospitals developing the skills and knowledge needed to be a member of the Texas medical establishment. In many instances, you still find the federal government or a local lending agency reminding you every month that part of your hard-earned salary still belongs to them in the form of a school loan (I know that feeling!). And you have taken and passed your boards exams and now you are full-fledged licensed doctor, nurse or dentist in the State of Texas. Now, you find yourself faced with an accusation from an employer, patient or a colleague that threatens to damage your reputation and even end your new medical professional career. For those who have never faced the complaint process that is practiced by the Texas Licensing and Boards agencies, the road ahead may seem quite daunting. However, learning as much as possible about what to expect as the complaint process moves forward and having an experienced attorney by your side through every step of the process can make the defense of your professional standing a more manageable ordeal.

This article will target Texas medical professionals and will explain the licensing complaint process from the moment that an accusation is made through any possible appeals to the determined findings and subsequent punishment. While there are commonalities to the procedures for the Texas Medical Board, the Texas Board of Nursing, and the Texas State Board of Dental Examiners, any details that are specific to one or more of these governing boards will be described as well.

Step I: Someone is very Unhappy
Somewhere out there, a patient, co-worker, employer, pharmacist, or anyone else who has had professional contact with you believes that you are acting in a way that violates the behavior or practices expected of someone in your position. Every complaint that is submitted to one of Texas’ licensing boards is taken very seriously and must be reviewed by investigators. Concerning licensed doctors, the most common complaints are inappropriate prescription of a drug or treatment plan, unprofessional conduct, or mental or physical impairment that makes it impossible to practice medicine.

The complaints filed against dentists are automatically issued a level of priority, with Priority One representing serious violations such as patient death, patient injury, practicing without a license, and unsanitary conditions and Priority Two including less-serious threats, such as records-keeping and advertising violations.

The Texas Nursing Practice Act is the guiding law for the appropriate practices of nurses, and violations of the Act may include unnecessarily exposing a patient to harm, unprofessional conduct, failure to provide adequate care, and impairment due to addiction or mental illness.

Investigators who are assigned to the licensee’s case may determine that either no violation has occurred or, while the reported behavior was inappropriate or not reflective of the best possible customer service, the act that occurred does not fall under the jurisdiction of the licensing boards. The boards will not investigate a bedside manner that is less than warm and friendly. They are way too busy for that. Neither will the Board of Nursing investigate a violation of a specific administrative hospital policy, as such problems should be handled within the institution itself. And, if one of your patients had to sit in a waiting room for two hours before he was taken back to your office, he may have a right to be frustrated and annoyed, but he generally does not have grounds for an official complaint or referral to the Texas Medical Boards.

Step II: Someone is very Unhappy and You Need to Know about It
Once the investigators determine that there is factual and/or legal merit to the complaint, you will be notified in writing and will then take on the role as a “respondent.” It is in your best interest to respond to a complaint against you quickly and thoroughly. Please follow the specific deadlines given to you in the complaint letter, which normally requires a response within two weeks (or maybe 30 days) of receipt. You cannot hide the complaint letter under a stack of papers on your desk and hope the problem will go away, which is what many licensees do. You also cannot be incredulous that anyone would make such an unfounded accusation and choose not to dignify the letter with a response. You must provide as much detailed information about the complaint as possible. Be prepared with patient records, eyewitnesses, medical research—any piece of evidence that will result in justification for the decisions you made. The investigators assigned to the case also will be completing their own research, subpoenaing records from hospitals and pharmacies. Know that, under HIPAA, the Texas Medical Board and the other related licensing boards are authorized to view medical records without patient consent.

After information has been gathered from all parties involved, the applicable Texas licensing board may then make a decision to move forward with litigation, request more documentation, or dismiss the complaint outright. In the case of the Texas Medical Board, this decision will be made by two members of an expert panel who are board certified in the same specialty as the respondent. For dentists, the next step is determined by the Board Secretary. Nurses can expect that the Board of Nursing (or a committee) will review the evidence concerning their complaints as a whole.

Step III: Welcome to Litigation
If the complaint against you is found to have legal and/or factual merit, your presence may then be requested at an informal settlement conference. And if you are not already a resident of Austin or the surrounding areas, prepare to pack your bags for a trip to our beloved state capital.
During this conference, you will have the opportunity to present your case before a panel of medical licensing Board members. Attorneys are both welcomed and recommended to take part in the process, but realize that the Board wants to hear from you directly. This is not a formal courtroom in which specific legal procedures or rules are expected to be followed, but instead an opportunity for arguments to be presented and questions to be asked.
In an overwhelming number of Texas license cases, the complaint process comes to its conclusion here. The Board will determine whether or not a violation occurred and propose a settlement, known as an agreed or board order, which includes any fines or other restitution to be made by the respondent. If both parties agree to the proposals and sign the document, the order is put before the entire Board for approval and ratification. Recommendations in the order may include; restriction or suspension of your license, additional training or medical education, drug testing, a fine, a public apology, or a combination of these penalties.

Step IV: Here Comes the Administrative Law Judge
There are instances in which a resolution cannot be reached through the informal settlement conference. In these situations, your case will be forwarded to the State Office of Administrative Hearings (SOAH). A formal and public filing will be posted and an administrative law judge (ALJ) will be assigned to your case. Witnesses are called to testify, records are put into evidence, and legal arguments are made by representation for both sides. Think of this process just like a trial but without a jury present. Once both sides have presented their case to the ALJ judge, he or she will issue a Proposal for Decision (PFD) to the appropriate Board. The authority to determine appropriate sanctions is now once again with the Board members, who now have the added authority of a judge’s ruling to consider and perhaps ratify. The determined penalties following a judge’s PFD are similar to those you could expect from the informal settlement process.

Step V (option one): Do What They Say.
Assuming you have come to an agreement with the complainant, either through the informal settlement conference or in front of an administrative law judge, now is the time to comply with the order to which you provided your signature. As mentioned earlier, this could include the payment of fines, completion of some continuing education, handing over your license for a designated period of time, participation in a drug or alcohol program, or a variety of other reprimands. In most instances, you will be given a specific time frame in which you must complete all of the assigned penalties. Whatever the consequences may be, note that these orders are part of your permanent public record and may be disclosed on the Board’s web site or the next quarterly newsletter.

Step V (option two): Don’t Do What They Say—The Appeals Process.
Perhaps you have gone through both the informal settlement efforts and had your case heard before an ALJ judge and you still do not agree with the decision that has been reached concerning the complaint against you. As with any other legal matter, you have the right to appeal the determined order. An Appeal of the Findings of Fact and Conclusions of Law or the Proposal of Decision issued by the administrative law judge may be filed with the Travis County District Court in Austin. Medical professionals also may file an appeal against the appropriate Board if they believe the punitive measures determined by the Board do not match the findings issued by the administrative law judge. Appeals can also go all the way to the Texas Supreme Court. Depending on the specifics of the complaint, in rare circumstances the case may find its way into the federal court system as well. Nevertheless, if you take this option, expect to pack your bags for another trip to our state capital.

The reality is that if you are a doctor, nurse, dentist, or other medical professional in the state of Texas, there is a good chance that you will be called upon to defend your reputation (and your license) at some point in your career. There are around 6000 complaints filed every year just with the Texas Medical Board, and nearly half of these are opened for investigation. You will do yourself a great service by knowing the complaint process from beginning to end before a problem ever arises. This way, you will be educated and prepared to act in the midst of what can be a very emotional experience. In addition to knowing what to expect once a complaint is filed against you, you also should make it a priority to have experienced legal counsel with you every step of the way. You need an attorney who knows what it means to appear before your professional licensing boards and to participate in administrative law hearings. With the benefit of your own knowledge and the expertise of a lawyer, you put yourself in the best possible position to maintain the professional reputation you have worked tirelessly to create.

  Monitor your Trademarks : The Trademark Company
If you are a trademark owner did you know that to maintain rights in your mark you are required to police the use thereof?
Unauthorized use of your mark, also known as infringement, diminishes the distinctiveness of a trademark and, correspondingly, reduces your rights in your trademark by diluting it in the marketplace for relevant consumers.
In short, the more trademarks there are out there that look like your mark, the less likely your trademark will be viewed by consumers as an identifier of the source of your goods or services.
Whether you have a Trademark Registration or not here are 4 things every trademark owner should know about monitoring use others are not infringing thereon:
1. USPTO.gov
The United States Patent and Trademark Office (“USPTO”) maintains a moderately user-friendly web site located at USPTO.gov. There users can search the USPTO’s records of pending and registered trademarks using the Trademark Electronic Search System (“TESS”).
For individuals not trained in the more advanced techniques of searching the USPTO’s databases, use of the “New User Form Search (Basic)” is the most user-friendly. Although it may not bring up all of the results that a “Free Form Search (Advanced)” may (e.g., phonetic equivalents (Coco Cola vs. Koka Kola) or foreign translation equivalents (Red Shoes vs. Zapatos Rojos), it is a nevertheless a great, basic, and cost-effective (i.e., free) manner to monitor filings before the USPTO to make sure others are attempting to register trademarks too similar to yours.
2. Search Engines & Google Alerts
Monitoring your trademark(s) on the USPTO will only pick up a fraction of the trademarks that are actually out there and in use. Many entities and/or individuals never file to register trademarks that they are using with the USPTO. As such, to expand your view of trademarks that are actually in use in commerce you should also examine trademarks in use in cyberspace.
In short, monitoring of your trademarks should include regular checks of the major search engines to make sure others, and in particular your competitors, have not adopted or are using trademarks similar to yours. There are far too many search engines out there to mention and repeatedly search them all. However, for the purposes of this article we suggest routine searches of the three biggest in the U.S.: Google (@45% of search traffic in the U.S.); Yahoo! (@21%); and Bing (@12%).
Searching for your trademark(s) using these three search engines may identify others wrongful use of trademarks identical or substantially similar to yours. It is also important to note that monitoring of these search engines should not simply be limited to whether someone else has adopted use of a mark which is identical or similar to yours.
Checks should also be conducted to make sure a search of your trademark(s) do not bring up competitor’s sponsored ads (i.e., pay-per-click advertising) which may indicate that your competitors are bidding on your trademark as a keyword.
Moreover, if a competitor and its dissimilar mark ranks highly in non-sponsored or organic search results when you search for your trademark you should examine their html code for their web site to make sure they have not embedded your mark in their html code so that their site appears in search results when consumers are seeking you out online.
Of note, if you do not wish to spend your days fixated searching the Internet for wrongful use of your marks try Google Alerts. Google Alerts allow you to set alerts, delivered via email as frequently as you choose, for any term or combination of terms when Google’s discovers while performing its routine indexing of pages posted on the Internet. It’s a great low-maintenance tool to monitor use of your mark, or wrongful use thereof, on the Internet. Note, it will not alert you to the pay-per-click or html issues referenced above.
3. RSS Feeds & Twitter
Another way to monitor the use of your trademarks online is to follow RSS feeds of relevant blogs and other information in your industry as well as monitoring the use of your trademarks on social media sites like Twitter.
To do this simply identify the most relevant blogs in your industry and monitor them for use of marks similar to yours by subscribing to RSS feeds for these blogs. Additionally, you can set search terms in Twitter and have the same downloaded to your RSS feed as an extra level of protection.
4. State Trademark and Corporate Databases.
One final level of monitoring you may wish to undertake is the monitoring of state trademark and corporate databases for filings of new business names or state trademarks which may infringe upon your rights. The good news is that almost every state has an online portal where you can search for business and state trademark filings for free. The bad news, the state web sites are not linked and to search every state’s databases on a routine basis would be quite time consuming.
There are subscription services which allow for the monitoring of all state databases at once. If that is not feasible for you we suggest periodic searches of those states in which your business maintains its most active presence.
As always, there are companies which offer Trademark Monitoring services. However, if you choose to monitor your marks on your own these tips above will provide you with a great road map to get started.
  False Advertising : Wendy Moyer

A short time ago a well known pharmaceutical company manufactured and promoted a drug that they knew could cause serious harm to women. As a result, more than fifty women died and countless others developed allergic reactions, blood clots, depression, heart damage, hypertension, kidney damage, liver damage, lumps in their breasts, and excessive vaginal bleeding.

Often the only medication these women had taken was this particular pill that was prescribed by their doctor, so they were quite puzzled when they experienced these symptoms along with breathing and vision problems, intestinal pain, chest pain, and light headedness.

The drug in question is one of the first of the fourth generation oral contraceptives. You might have seen it advertised as a way to reduces PMS or relieve extreme cases of acne - or even lose weight. By the way, all of these advertisements were not substantiated by actual tests.

Women are finally standing up and fighting back. They're hiring attorneys across the country to file personal injury lawsuits against the pharmaceutical company that caused them their grief. It still has to be seen whether or not the court agrees with them, but the law firms that agreed to represent them on a contingent basis sure do.

Otherwise the personal injury law firms would not have agreed to represent them. That's because if they don't win the case they won't receive any money for their work. And how many lawyers do you know of who would want to work for free?

If you have been taking oral contraceptives and have been experiencing any unusual side effects then it's time to first see your doctor and then possibly consult with an attorney about filing a lawsuit against the drug company. It's time for you to stand up and be heard.

If you file for litigation and your attorney wins your case, not only will you be pretty much assured that all your medical expenses will be paid, and that your lost wages will be reimbursed, you could also be awarded a substantial amount in damages because of what this drug did to you.

And it might even be possible that if enough women who were led astray by false advertising and inappropriate labelling file for litigation, then the company responsible may be forced by the Food and Drug Administration to recall the drug and take it off the market.

Maybe it's hoping for too much, but perhaps it might even prompt them to only manufacture drugs that can actually help people and to be more straightforward in future advertisements.

  Alternative to a Buy-Sell Agreement : Julius Giarmarco

The advantages of a buy-sell agreement are well known to owners of closely-held businesses and their advisors. First, a buy-sell agreement creates a "market" for what would otherwise be an unmarketable asset. Second, a buy-sell agreement assures that the financial security of the deceased or withdrawing owner's family will not be tied to the future success of the business. This is particularly important to the business owner who feels that the business will likely flounder in his/her absence. Third, the remaining owners do not want to be in business with a withdrawn, and now inactive, "partner" nor with a deceased owner's spouse or children. Finally, if properly designed and drafted, a buy-sell agreement can help fix the value of a deceased owner's interest for estate tax purposes.

However, there are many situations in which the owners of a family business (with active and inactive children) may not want a buy-sell agreement. For example, if the value of the business is rising rapidly, it may become too expensive for the active children to fund the buy-sell agreement. This is particularly true where, because of age or health, a business owner is either uninsurable or highly rated. In such case, the buy-sell agreement can provide for an extended instalment pay-out. But, this results in a deceased owner's spouse (and inactive children) being subject to the risk of the active children's business acumen. It also raises the possibility that there will be insufficient cash to pay estate taxes and to meet the needs of the deceased owner's surviving spouse.

Another such situation is when an upstart business is likely to have a bright future. This could be the result of a technology breakthrough, a new and very favourable long-term contract, or the gaining popularity of a new product or idea. The momentum of such growth may have little to do with the business acumen or effort of the active children. In such case, the forced buy-out of a deceased senior member's interest may unfairly deprive the decedent's spouse and active children of the fair value of the growing business.

In addition, selling the business to the active children may be a double-edged sword. On the one hand, it's possible that the children who purchase the business will end up with a larger inheritance if the business flourishes. Conversely, if the business flounders, the inactive children may end up with more than the active children. Finally, for those business owners who desire that all of their children be treated equally, a buy-sell agreement may not make sense.

Following are the steps family business owners can follow when the decision is made to leave the business to all of their children, but to allow the active children to run the business without interference from the inactive children:

- Recapitalize the business so that there are voting interests and non-voting interests, with the non-voting interests representing 90%-95% of the issued and outstanding interests.

- Bequeath the non-voting interests equally among all of the children. To help reduce estate taxes, gift non-voting interests during the business owner's lifetime. In either case, transfer to generation-skipping trusts to protect the children from creditors, divorce and their own estate taxes.

- Hold the voting interests in trust for all children, but appoint the active children the "special trustees" to vote those interests. Depending on the facts and circumstances, this trust can be created at the business owner's death or upon the death of the survivor of the business owner and his/her spouse. The active children, as special trustees, will have a fiduciary duty to act in the best interests of the trust beneficiaries and to manage the affairs of the business in a prudent and unbiased manner. They should also have the power to sell the business if they deem a sale is in the best interests of the trust beneficiaries. While this arrangement leaves the active children in complete control of the business, their fiduciary obligations must be considered in each and every action that they take.

- Specify in the trust agreement the salaries, bonuses and fringe benefits that the active children will be entitled to receive from the business, as well as their managerial duties and responsibilities. Dividends (profits) can be paid to the beneficiaries when appropriate.

- Specify in the trust agreement what is to happen to the business should all the special trustees die, become disabled, or resign. For example, should the business be put up for sale at such time? Should the voting interests be distributed to all children equally? Or, should the special trustees be permitted to appoint their successors (based on certain objective criteria such as prior experience with the business)?

The no-sell/buy-sell also works well in a second generation family business. Let's assume two brothers, Frank and Jesse, have inherited a family business and both have children who are active in the business. If Frank and Jesse enter into a standard buy-sell agreement, the last brother standing (and eventually his children) ends up with the business. Instead, as described above, Frank can bequeath his voting and non-voting interests (in trust) to his children, and then name his brother as the "special trustee" to vote the voting interests. Jesse can do likewise.

One of the keys to making sure that the no-sell/buy-sell works successfully is to ensure that there will be sufficient liquid funds to support the business owner's surviving spouse and to cover the anticipated estate tax liability at the death of the surviving spouse. Providing the surviving spouse with an adequate source of income will also reduce the pressure on the business to produce the same. The premiums that would have been paid to fund a buy-sell agreement with life insurance can instead be used to fund an irrevocable life insurance trust (ILIT) on the business owner's life. The benefits of this approach include the following:

- The insurance proceeds will provide the deceased business owner's spouse and family with income and principal as needed, while keeping the family business in the family.

- The assets owned by the ILIT will not be subject to creditor claims coming through the business, the deceased business owner, or the ILIT beneficiaries.

- The life insurance proceeds will be received by the ILIT both income and estate tax free.

- If established to provide generation-skipping advantages, ILIT assets will escape estate taxation in the estates of future generations.

- At the death of the business owner's surviving spouse, the funds in the ILIT could be used to purchase assets from the business owner's estate, thereby providing the estate with sufficient liquidity to pay its federal estate taxes and administration expenses.

While the no-sell/buy-sell may not work for everyone, it is a unique and potentially beneficial alternative to the traditional automatic buy-out upon the death or retirement of the business owner. The benefits to the participants, including the surviving owners, can be substantial. No longer need the last man standing be the big winner. This article may not be used for penalty protection.

  Searching for Inmate Records Online - US : Tom Hammond
There are many good reasons to seek out the records of inmates to find out who is incarcerated and where they are being held. The web offers the fastest and easiest method for tracking down someone who is being held by State or Federal authorities.

It is common for State law to require that inmate’s names and criminal records be posted for public access. Jails and prisons have found that the web is a good place to post such information and thus be in compliance with the law. It is not hard to find websites that will help you in obtaining this information. Many of these search services are offered for free. This can be a good place to start as such reports might not be detailed enough for the information you require.

Always start with the free searches. What have you got to lose? You might find all the information you need and not have to incur any extra expense. The data you get back from free searches is generally superficial, but it can serve as a great starting point for your investigation. Some websites have detailed lists of prisoners in specific facilities and, as mentioned before, many prison and jail facilities publish current lists of inmates to satisfy various codes and ordinances.

The best way to begin your search is by State. This can be a bit time consuming if you don’t know the specific location of the person you are looking for, but perseverance will pay off if you follow a standard method of region, then state, then institution. You might have to narrow it down by a methodical process of combing through county records, then city files. The majority of websites that deal in inmate searches are divided first by state, then by local municipalities. This is where you will probably find the need for some sort of paid service. However, you can minimize your expense by doing a lot of this leg work first, to the greatest extent possible, on the free sites.

In some cases, you might be looking for the records of someone who was incarcerated and has subsequently been released. These older records have, in many cases, been archived and can be accessed either through free searches or paid services. Inmates who were held before 1980 might have records that exist only in hard copy form. In this case, the institution itself would probably be the only place that would have copies of the records. There is no problem in accessing these records as they are considered public information, but you will have to do so in person at the facility itself or at the city, county or state Hall of Records. Most jails and prisons keep detailed records and will help you obtain the information you require. Be sure and confirm the existence of the files with them and make an appointment for a meeting where you can secure copies.

Remember to start with the free services and gather as much information as you can before spending any money for a paid criminal records site. If you need to make the transition, you will find that fees on these websites are usually quite reasonable and the service is thorough.

  Your Last Will and Testament Now : Lemuel Nelson

A legal document, last will and testament, controls the overall disposition of a person's property at death or many even provide a guardianship for children at death. Your estate includes your private and real property, savings, money, checking accounts, stocks, real estate, bonds, and autos. A legal will allows you to offer things or property to whomever you desire to give but not to them decided by a judge. Even if you happen to feel you don't have much property, you probably may have some things you would still feel to give to your much-loved ones.
Having a legal will ensures that your assets are distributed by you to your family and friends in accordance with your pure wishes. A will allows you to appoint an executor, a guardian for your any minor youngsters, to make specific gifts, all by your own choice.

In case if, you don't make a last will and testament, a director will manage your estate. An administrator could be a family member or a government trustee. The governing body legislation decides the right way to distribute your assets and who to look after your minor kids.
Preparing a legal will provides you an opportunity to appoint an individual so as to take correct care of your assets after your death.

Executor is the name given for the nominated person. You can create your will now online as there are several suppliers of online wills available on Internet to make your work increasingly simple. Therefore, it's your duty to find some easy online wills on net, which can help you much better.

First, you have got to start documenting what you own, what private assets you want to leave for your family and friends. Determining ahead the points you want to put in your will can make your work easier with online wills. Second, you have got to search on web for product reviews regarding wills. Get to know additional info about online wills thru your mates, relatives, neighbours, and colleagues.

Eventually, read the available fine print on easy online wills on net to understand. Do not forget to read the terms of the wills provider. Straightforward legal online wills can benefit you as well as your family if you find the best one that fulfils your wishes.

  Does the Pedestrian Always Have the Right of Way? : TbChats

We’ve all been taught that the pedestrian has the right of way but is that really true all of the time? The short answer to that question is no. While different states have different laws, the idea that common sense and personal responsibility are important in determining the safety of a pedestrian are common themes.

When Does A Pedestrian Have The Right Of Way

Clearly a pedestrian is going to fare far worse than a driver in a car should the two be involved in an accident and that is the principal reason for establishing right of way laws. It’s also obvious that both cars and pedestrians will at some time have to share the same road. With that in mind, marked crosswalks were developed to give the pedestrian an opportunity to cross the road without fear of having to dodge cars. Pedestrians in marked crosswalks or unmarked crosswalks at road intersections have the right of way as a rule.

Drivers are responsible for not harming pedestrians and will stop their vehicle at a crosswalk if a pedestrian is in it. Where it gets blurry is the question of when the car can resume travelling. Again it depends on the state and on the importance that local law enforcement places on the issue as to when the car can legally resume. As a general rule, when the pedestrian clears your side of the road you can resume driving.

When Doesn’t The Pedestrian Have The Right Of Way

Most states rule that a pedestrian has a responsibility for exercising due care for his or her safety. They can’t rush out onto a roadway, even in a marked crosswalk, if that action subjects them to danger. Further, most states prevent pedestrians from crossing a road between intersections and require them to walk to the intersection before crossing. Jaywalking can normally result in a fine even if there are no cars present on the roadway.

In short, pedestrians cannot act in a dangerous manner. They are not protected by law from their negligent actions. This article is only for information purpose.

  Options You Can Take to Help You Avoid Foreclosure : Fred Burgess

Fort Lauderdale foreclosure has been one of the foremost topics within the real estate world in recent years, as each year more and more Americans are suffering from the inevitable prospect of an imminent foreclosure.

Even with more than 20% of all U.S. homeowners being “underwater” as of 4th quarter 2009, more and more people are realizing that foreclosure isn’t the end and you have other options than to simply throw in the towel.

Foreclosure is not your only option, consider all your choices

First of all, never ignore the phone calls or letters from your lender, if you are unable to pay your mortgage and you’re facing probability of foreclosure, you need to deal with it, do not ignore it. The longer you disregard calls and letters, the harder it will be to save your home further down the line. Which is an option a lot of Americans are still yet to realize, just because you’re facing foreclosure doesn’t mean there is no possibility to save your home. Few people realize that the first letter you will receive from your lender concerning a missed payment or a mortgage issue will contain a lot of helpful information to help avoid foreclosure, especially if you feel you are struggling to make the payments due to financial hardships. It’s important to remember that during the foreclosure process, not opening your mail will not count as a valid excuse for defense, so make you open everything so that you are aware of everything that is happening. Be sure to contact your lenders immediately as soon as you receive their demand letter for notification of a missed payment. Few people realize that if you contact your lender, often they can help you and try to get you back on track, contrary to popular belief, lenders do want your home back, they would much rather avoid foreclosure.

Some of the many options available to you as a homeowner are to request a forbearance of payment from your lender (which is a period of time that your lender will actually forego the collection of payments, this giving you more time to get back on your feet. Or perhaps you want to attempt to get approved for a loan modification in an effort to lower your monthly payments. And if none of these options will work for you, than you can always consider a short sale, where your lender will actually accept less than is owed on your property as a final amount and mark your mortgage as satisfied. A good attorney can also get the lender to agree to NOT pursue you for the difference and thus you will walk away from the house without owing anything further.

If you still find yourself being served with foreclosure documents then the next thing you should do is find a good foreclosure defense lawyer. A foreclosure defense lawyer can actually be essential if you are going through the foreclosure process. They can oversee the whole proceedings and go through all your documents to make sure that everything was done correctly. In the event that something was not done correctly at the fault of your lender, you could actually have a very good defense case, which can put a halt to the proceedings. It’s essential that you review all of your mortgage documents and learn exactly what your lender has stated to do in the event that you cannot make your payments. It is important to seek out a foreclosure defense lawyer within days of being served with a foreclosure lawsuit as in many states there is a short amount of time for you to respond to or to contest the complaint.

There are a variety of options you can take if you feel foreclosure may be an issue, whether you choose to have a loan modification, a short sale or any other form of loss mitigation, your foreclosure defense lawyer can help you. They can help you decide which option is best for you and hopefully save your home. In this situation, foreclosure prevention companies need to be avoided at all costs; these types of companies are often more focusing on taking your money than helping you. A good foreclosure defense attorney will understand your situation and have experience in how to deal with it, remember: a company can’t stand next to you in court, but an attorney can.

Foreclosure can be a very scary prospect, but it’s not the end of the line, you have options and it’s important you remember that. Open your letters, answer your calls, and get yourself a good foreclosure defense lawyer, you just might be able to save your family home.


Loving parents faced with a dispute over child custody have occasionally used tactics that the Courts did not favor. While it is impossible to describe all the things that should be avoided when seeking to secure time with your child(ren), a few examples of what not to do may be helpful. A good divorce attorney will counsel their clients that they should focus every argument and tactic on the best interest of the child(ren). Sometimes parents forget this basic point, and their over the top tactics have not worked out very well.

In Keith R. v. Superior Court (2009) 174 Cal.App.4th 1047, the mother alleged Domestic Violence, got a CLETS Order, and then, while the father still was working on completing his 52 week batterer’s intervention program, filed her move away motion so she could take the child with her to Arizona. Her timing was excellent, from a kick your opponent when he is down perspective, since the father could not complete the 52 week program before the move away hearing, and therefore, she argued under the custody language in the CLETS Order which could not be changed until after the 52 week program was completed, she had sole custody and father could not show a change in circumstances to allow him to dispute the sole custody, and therefore he could not dispute the move away. Unfortunately for mother, the Appellate Court ruled that a Domestic Violence Order is not a final custody determination. Going back to basics, the Appellate Court wanted an actual weighing of the best interests of the minor child before the move away.

In re Marriage of Nurie (2009) 176 Cal.App.4th 478 the mother took the five-month old child to Pakistan, with the father, on the pretence that she intended to return in a few weeks. She stayed in Pakistan. Father filed a divorce in California when he found out he had been tricked, and was granted temporary custody of the child. After mother was served with the California Order, she then filed in Pakistan. The Pakistani Court first rejected the mother’s request, but unfazed, she re-tricked the father into signing a compromise agreement, which agreement was based on the intent that she return to California with the child. In predictable “fool me once shame on you, fool me twice shame on me” fashion, the mother reneged on the compromise agreement and stayed in Pakistan. After much legal wrangling in Pakistan, the father and three armed accomplices allegedly kidnapped the child outside the mother’s lawyer’s office in Karachi, and returned him to California. The Court declined to determine the truth of the kidnapping allegation, and stated that it could not ignore that the mother had wilfully disobeyed the California Court Order granting father temporary custody.

In Robert J. v. Catherine D. (2009) 171 Cal.App.4th 1500 the mother accused the father of child abuse and neglect. Almost two years after the accusation, the Court entered a Judgment granting the father full legal custody and exonerating him of the accusations. The father sought sanctions under Family Code §3027.1. He sought sanctions of more than $750,000 against the mother and her attorney. The statute allows sanctions against both the other party and their counsel if the allegation of abuse or neglect was false, was made in a child custody proceeding, and the person or persons making the allegation knew it was false when they made it.

A good divorce attorney will counsel you on how to present your side of a child custody dispute without making the Court angry or being sanctioned. As shown in the three examples above, procedural trickery with a CLETS, ignoring a valid custody order, and falsely accusing the other parent of child abuse were all failed tactics.

A good divorce attorney will counsel you on how to present your side of a child custody dispute without making the Court angry or being sanctioned.

  Claiming compensation against your employer : Gen Federico

Of all the people that are injured whilst at work in Britain each year, less than ten percent go on to make accident claims against their employer. This can be for a multitude of reasons, one of which is that they are reluctant to seek financial recompense from their boss. Manual labour industries are the areas most commonly affected by work accidents, due to the nature of the roles involved. For instance, construction workers might be hurt by falling scaffolding, or factory workers could trip over a discarded piece of packaging. Your place of work has a duty of care to ensure that your working environment is both safe and secure.

Another common cause of workplace injuries is failure by employers to properly teach workers to operate machinery or how to lift heavy objects. This can often result in back and shoulder strains or flesh wounds if a drill or other electrical object spins out of control. Employers must also ensure employees are issued with adequate safety clothing such as hard hats, fireproof suits and gloves if necessary.

If you have suffered an accident such as the above at work, then you are fully entitled to claim accident compensation against your employer because their negligence caused you to injure yourself. Particularly in the manual labour sector, a physical injury can lead to you needing time off work to recuperate, which ultimately affects your ability o earn a living.

At Claims Solicitors we are a specialist legal expert and are the best first port of call if you believe you have a case for claiming accident compensation against your employer. They will pursue the case against your company’s insurer, which means you can get the financial recompense you deserve without having to confront your management directly: it is a matter of justice not personal confrontation. The Article is written by claimssolicitors.co.uk

  Pedestrian Injury Accidents and a Motorist Duty of Care : Jason Lundberg

Duty of Care Owed to Pedestrians
It seems fairly obvious that a driver has a duty to use care toward pedestrians in California, as well as every other state. A pedestrian also has a duty of care towards automobiles but an operator of a motor vehicle has an even greater duty of care. The Court has made this determination because driving an automobile consists of operating “an instrumentality capable of inflicting serious…injuries.” Arentz v. Blackshere (1967) 248 Cal. App. 2d 638. This piece of meal makes perfect sense and the most hardened tort reformer would have a difficult time in disagreeing.

This means that if you are involved in an injury accident as a pedestrian the automobile operator has a greater chance of being found at fault, rather than you. Most of a driver’s duty that is owed towards pedestrians is fairly obvious. For example a driver must yield the right of way to pedestrians when they are within the crosswalk. Cal. Veh Code §21950.

As an attorney who has handled many pedestrian accidents in San Francisco, CA, I can safely say that the law is not always that that simple. There are many factors that a court must take into consideration when making a determination regarding the duty owed by a driver to a pedestrian. Below are some examples.

Children as Pedestrians
The Court has determined that a driver of an automobile owes a much higher degree of care toward children who are pedestrians than an adult pedestrian. This makes sense. Children are not always aware of all the dangers that they may face and as such the Court has determined that adult operators of cars must pay greater attention to children. Additionally, if the driver is aware or should be aware that children are present then he or she must pay even greater attention. Hilyar v. Union Ice Co. (1955) 45 Cal. 2d 30.

If you are operating a motor vehicle near a playground or a school, you should be extra mindful as you are on notice that children may be present. A ball tossed in the wrong direction could cause a horrible accident.

Duty Owed to Pedestrians Outside Crosswalks
An operator of a car or truck is under a duty to anticipate at all times that he or she may meet pedestrians at any point in the street or highway. An automobile driver must maintain a proper lookout for pedestrians, and must keep his or her motor vehicle under the necessary control to avoid a pedestrian accident. Lebkicher v. Crosby (1954) 123 Cal. App. 2d 631, 267 P.2d 361.

This is especially important for cars to consider. Pedestrians who are not completely within a crosswalk by a few feet are still considered to be within the crosswalk. Also if the crosswalk is not marked, the same rules are applicable as if the accident had occurred within the unmarked crosswalk. Karr v. Sherer (1955) 132 Cal. App. 2d 835.

Passing at Intersections
When any car stops at a marked crosswalk or an unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear must not overtake and pass the stopped vehicle. Cal Veh. Code, § 21951. This seems clear but yet I see daily violations of this law. I have seen MINI busses in San Francisco do it, as well as any number of taxi cabs. A driver must always pay attention to the road and is never relieved of that duty. If you are operating a vehicle, you are required to look out for pedestrians – and that goes for the pedestrians inside and outside the crosswalks. Jacoby v. Johnson (1948) 84 Cal. App. 2d 271.

  Bystander Personal Injury Law  : Jeffrey Alston

Any person who becomes involved in an accident and other similar situations should take the initiative to familiarize him or herself with the personal injury law. There are times when occurrences like catastrophic events happen and cause more than injuries to a person where the issue of fatalities comes into the picture. Unlawful acts towards someone can cause the person harm in terms of physical injury and the like and so the article aims to inform people about occurrences like these.

Human rights and the fulfilment of such rights are at the centre of the civil law referred to as the personal injury law. When pain and suffering is inflicted upon another either accidentally or intentionally the law exists to provide the victim with legal grounds to sue the parties liable for such a predicament. The law firmly believes that harm caused by these to another individual may lead to severe legal action when pursued by the victims.

Being a plaintiff under the personal injury law, it would determine that the person is the direct victim of the wrong doing in question. When a victim is not present on account of being fatally injured, his or her family then serves as the plaintiffs for the particular case. The people who are directly at fault for causing any harm or injury to another party are termed as the defendants.

To get just compensation, the personal injury law suggests that all victims acquire the assistance of qualified lawyers to help them with their claims. The liable parties will have to depend on the argument and evidence presented by the plaintiff's legal counsel determining their position in a court case in terms of being guilty or not. Those who are liable may be forced to pay just compensation especially when the lawyer for the plaintiff is very familiar with the handling of personal injury cases.

Several primary elements are involved in every case regarding the personal injury law and the claims applied for during the legal battle will be credible when the former has been prepared flawlessly. In this case, it involves shedding some light on the liability of the defendants and the damages incurred and the extent of both these liabilities and damages. The legal system would simply want to know why and how an incident happened, who may have been the root of the problem, who experienced the consequences in terms of pain, and how much damage was caused.

The legal system will be defining settlement values for the personal injury law case highly taking into consideration every piece of evidence that is made available. It is not uncommon for the legal system to impose settlement penalties to the liable parties. Medical charges, unemployment assistance, as well as the compensation for physical and emotional trauma can be included in the claims people file in court.

Victims who fall prey to negligent acts leading to their demise can be served justice under the personal injury law. Each person has human rights and a violation of these will incur penalties and consequences for those at fault no matter what. The law serves to develop a way of thinking in people that considers every other person who may be involved in any given situation.

Unlawful acts often lead to injuries, damages, and death, and when they do the victim should always strive to get the proper help. Claims for compensation settlements and the like pertaining to the personal injury law can only be pursued considering that the time period for doing so after an incident has not elapsed. When this time has elapsed expect no to be entertained as quickly for any complaints.

Everybody has the right to be protected from significant harm, pain, and suffering and the personal injury law exists to implement those human rights. It is not difficult to expand one's knowledge when it comes to the terms and claims that can be made under the rulings for personal injury.

  Bankruptcy Property Exemptions : Brian Reed

The process of bankruptcy offers debtors a clean slate when they are overwhelmed by financial burdens. Once a bankruptcy case is completed, however, the debtor will still need basic possessions and assets to move their life forward. Fortunately, the Bankruptcy Code recognizes these basic needs and provides a variety of property exemptions for debtors. If property is exempt, it will not be subject to the claims of creditors.

Under new bankruptcy law, a debtor will be required to submit a schedule or list of exempt property when they file the bankruptcy petition. The schedule should include a description of the property, specifying the law authorizing the exemption, and list the value of the exemption and its market value. This information allows parties involved in the case to evaluate the exemption claim and submit any legitimate objections within 30 days from the meeting of the creditors. If someone objects, they must prove that the exemption has been improperly claimed.

Every bankruptcy case is evaluated separately but in most cases, the debtor does not have to give up their property or necessary possessions. During and after the closing of the case, the exempted property is protected by law. In fact, not only are you allowed to keep the exempted property, but also the equity, if any, that one may have on the property. Equity is the difference between the value of the exempted property and the remaining debt.

Homestead Exemption
The homestead exemption applies to property used as a residence. Current law limits a homestead exemption to $136,875 if the home was acquired in the 1,215-day period before filing for bankruptcy. Exceptions apply, including when someone upgrades to a more expensive house and transfers equity to the new purchase. The homestead exemption is also limited if it is used to delay, hinder, or defraud a creditor.

The exemption amount for an automobile under the Bankruptcy Code is $3,225. The equity in the vehicle is based on its market value less any loans. If the equity is more than $3,225, it is possible to apply exemption amounts from other categories, such as the exemption for tools of the trade. If the trustee sells it, the debtor is entitled to receive the exemption amount. It is also possible to pay the trustee the amount above the exemption and keep the vehicle.

Household Items
Federal and state laws provide exemptions for household items of $10,775 and $525 for an individual item. However, these types of items have low resale value and most bankruptcy trustees will not view them as a viable source of assets to use in repaying creditors.

Retirement Assets
Debtors can exempt retirement funds under § 522(d)(12) of the Bankruptcy Code. The exemption applies to pension, profit sharing and stock bonus plans, employee annuities, Individual Retirement Accounts (IRAs), deferred compensation plans such as a 401(k) account, and certain trusts.

  Wishing for a Worker's Compensation Law  : Scott Thompson

Any workplace can function better especially when the proper compensation law is practiced by the employers. Medical insurance plans are provided to workers under a basic compensation agreement and this is primarily to assure them with a sense of medical security for when they are faced with a medical emergency. Employees lose all rights to sue their employers even with negligence charges if they decide on taking a compensation plan together with their overall pay.

This article will be discussing the different aspects in relation to compensation law in the workplace for any kind of industry. When workers decide to implement a compensation trade off then they immediately forego any right to take legal action against their employer even if there is an occasion for such charges including cases of negligence and the like. Compensation bargain settlements are almost always part of the income which comprises part of the worker's regular salary.

The compensation law involves support for medical bills but this law extends to other possible needs beyond the medical field. Comprehensive insurance policies can be given in relation to the terms of a compensation bargain agreement and this includes insurance for life and disability as well as ample support for economic loss and the like. Legality is another concern when it comes to compensation benefits and this can be achieved by providing the labour offices with documents.

Worker unions actually gave rise to the implementation of the compensation law for workers during the development of the industrial societies in the world. The law covered other areas with regard to the workers' benefits including having better places to work and secured employment status. The law is also favourable to the employers because workers refuse the right to press charges against them should any problems arise in work when the law is implemented.

There are times when companies resort to applying compensation agreements but the compensation law can be a costly addition to operations especially when companies have no idea of its elements. Compensation for the employees can be offered and employers need not sustain high costs if there is a proper implementation of the law. The employers should only address the lawful claims made by their employees and nothing more for this to work.

The compensation law can also prove to be a problematic aspect to a business affecting both employers and the staff in the process. Business owners who go for the implementation of a worker's compensation agreement generally accept the fact that they will need to shell out money in order to do so. It should not be disregarded that there will be those employees who might take advantage of the situation creating false claims just to get some money.

The members of a company's workforce are not automatically excluded from the drawbacks that are to be encountered with a compensation law. The agreement in relation to a worker's compensation only hands out a fraction of benefits from health care and the like. When a compensation deal is applied, workers no longer have the right to sue an employer for any wrongdoing that may cause them harm.

Employees and employers can have the chance of taking advantage of each other with fake compensation claims from the former and severe negligent action from the latter. Workers and employers should equally accept the possibility of good things and bad things happening when the compensation law is in play. The dilemma is, knowing how to properly implement the law in relation to it bearing only the pros and not the cons.

Both the owners and the workers should manage the elements of the compensation law in terms of determining legal claims that can be made and the responsibility with regard to negligent behaviour. A rule like this compensation agreement should not promote negative behaviour; but it should develop a positive attitude in the workplace. The economic situation can definitely improve with the assistance provided by the existence of compensation deals.

  How to make sure you don't lose out on probate fees : Edith Peterson

Unlike other areas of law, the probate system is largely unregulated and without a little research and warning, you could lose out on your inheritance through probate fees.

As anyone who has to deal with the probate system is likely to have recently suffered a tragic loss, many people are too distraught to focus on things like probate fees when they enter into an agreement.

This can mean that solicitors and banks secure contracts that give them a significant share of someone's inheritance, rather than a reasonable fee for what is usually a basic legal service.

There are several things you should look out for when securing a solicitor or firm for probate services that can help make sure you don't lose out on probate fees:

Obtain a fixed price quotation: While many probate solicitors will claim that the system is too complex to provide a fixed quotation for their probate fees, the truth is that it's not impossible. Given that without a proper quote you won't know what the fee is until the bill arrives, it's worth finding a reputable service that will provide a written quotation based on the details of the Estate at outset of your arrangement, rather than at the end.

Ensure your charges are transparent: Banks, the UK's largest and traditional provider of probate services, charge a flat rate fee that is usually based on a percentage of the Estate value. This means that it doesn't change even if the deceased's Estate requires very little work - if their fee is 4%, it'll always be 4%. Sometimes their scales change depending on the value of the estate, rising to claim higher proportions of more valuable estates. Worse than this, some solicitors work on a 'cost per hour' basis as well as a percentage of the estate. Being dealt with on an arbitrary basis with the potential for hidden costs such as this is generally a bad idea and it's something you don't have to put up with.

Open your probate to tender: You don't have to directly arrange your estate through a single probate service. You can ensure that you get a competitive price based on the realities of your situation by engaging a probate broker, who will tender your Estate and requirements to a bidding process and provide you with the best possible quotation. Not only will this reduce probate fees by competition, it will also let you take full advantage of individual workloads.

  Slip and Fall Case and a meaning of Notice in it : Jason Lundberg

Black's Legal Dictionary defines premises liability as follows, “premises liability is a landowner's or landholder's tort liability for conditions or activities on the premises.” Premises liability cases generally occur when a party injures himself or herself on the property of another individual or on the property of a business. These cases are more commonly referred to as slip and fall cases. Liability may be difficult to prove in some of these cases.

Property Owners Duty and Negligence
In the context of a premises liability action, the duty owed by an owner or possessor of land is measured by general negligence principles and not by the status of the injured person as a trespasser, licensee, or invitee.

Rowland v. Christian (1968) 69 Cal. 2d 108.
An owner or possessor of premises is under a duty to others by virtue of that possession or ownership to act reasonably to keep the premises safe and prevent persons from being injured.

Williams v. Foster (1989) 216 Cal. App. 3d 510.
Elements of a Case
This essentially boils the case down to a basic case negligence. As such the injured person must establish the following:

1.The existence of a duty on the part of the defendant to use due care;
2.A breach of this legal duty; and
3.The breach as the proximate or legal cause of the resulting injury

United States Liability Ins. Co. v. Haidinger-Hayes, Inc. (1970) 1 Cal 3d 586. The determination of whether a property owner owes a duty toward an injured person requires an inquiry as to whether or not the owner has acted as a reasonable person in view of the probability of injury to others. Salinas v. Martin (2008) 166 Cal. App. 4th 404.

Notice Requirement
Generally, the most difficult part of these claims are whether or not a duty was owed to the injured party. This is what many attorneys refer to as the notice requirement in these cases. The party making the claim of injury has the burden to prove the owner had actual or constructive notice in order to remedy the situation. However, a recent California Supreme Court slip and fall case held that the plaintiff need not show actual knowledge to the Defendant where evidence suggests that the condition was present for a sufficient period of time to charge the owner with constructive knowledge of its existence. See Ortega v. Kmart Corp. (2001) 26 Cal. 4th 1200.

In the Ortega case, there was evidence that an inspection had not been made within a particular period of time prior to the Plaintiff falling. The Court noted that something like that may warrant an inference that the condition existed long enough so that a person exercising reasonable care would have discovered it and should have discovered it. Ortega, at 1209 - 1210. There was evidence that an inspection of the store had not been made within at least 15 to 30 minutes, and possibly up to two hours, before the accident occurred. The Court held that the notice/duty requirement may be shown by circumstantial evidence which proves that a dangerous condition existed for an unreasonable time. Id.

For example, in a case where it has been raining, and weather report illustrates that there had been rain for three days prior to the incident, a landlord’s failure to place mats outside on the slick ground may meet the above criteria as stated by the California Supreme Court.

However, each accident must be viewed in light of its own unique circumstances. Louie v. Hagstrom's Food Stores (2001) 81 Cal.App.2d 601, 608. An owner must inspect the premises or take other proper action to learn its condition, and if, by the exercise of reasonable care, the owner would have discovered the condition, he is liable for failing to correct it. Id. at p. 606. It is as simple as if it rains; put a mat down near the entrance to the store.

  Crimes of Identity Theft : Daryl Campbell

Recently law enforcement officials in the United States and Egypt cracked a sophisticated identity theft ring that used phishing to steal close to two million dollars from Wells Fargo and Bank of America Customers. This comes on the heels of another international ring that reportedly stole forty million credit and debit cards from numerous high profile companies.

This type of news would easily give you the impression that the internet is the playground for identity thieves. While you definitely have to watch yourself in cyberspace from pharming and phishing scams which still is no match for identity theft in the offline world.

In a study conducted by the Better Business Bureau offline identity theft still dwarfs the thievery in cyberspace by a wide margin. It also on an average costs more money and takes longer to fix than online theft. Indeed those who do most of their transactions on the internet were able to detect identity theft a lot quicker than their offline counterparts.

In a way this is not hard to figure. Identity thieves who operate offline have so many techniques to choose from. ATM rigging, shoulder surfing, skimming, dumpster diving and a whole host of others including the mail.

Identity theft thru the mail has a couple of things going for it. One is that thieves just flat out break into your mailbox. Many people whether they own their own house or live in an apartment are still working with the old style mailboxes which are less than secure. It's not hard for identity thief to do a quick surveillance job of the neighbourhood and then figure out what resident's mailbox is going to be the easiest pickings.

And their thievery probably gets a major helping hand not so much from you but from all those credit card offers you receive. Of course it does not have to be just credit card offers anything will do but it does not hurt. The junk mail industry does big business so they provide mail fraudsters and identity thieves plenty of golden opportunities.

Identity thieves are also calculating that you will not open the majority of these solicitations or shred them. Just that the information will take a direct path from your mailbox to your garbage. Enter the dumpster divers who know that a gold mine is waiting for them in your trash can.

The solution is to shred all of your personal information that you plan on disposing of, remove yourself from as many junk mail lists as possible and get a secure mailbox.

  Commercial Property Lease : Tim Bish

Commercial property transactions can often be complicated. It is not uncommon for Commercial Leases and Agreements to contain over 50 pages of detailed provisions, all of which can affect you financially. New legislation of which clients are often unaware can further complicate matters, imposing additional obligations on tenants, without actually being written into the lease. Set out below are 12 common mistakes you need to understand before you rent commercial property.

1. If my place is unusable due to fire damage, I can stop paying the rent and look for somewhere else.

If your business premises are destroyed or seriously damaged, you will have all the problems of finding alternative premises from which to trade. But what about the old premises? The law says that the lease continues and you must carry on paying the rent until the end of the lease.

2. I do not need to worry about insuring the property - that is the landlord's problem.

The lease will deal with who is responsible for the insurance, including what is covered by the policy. What is covered by the policy requires careful consideration and in certain instances you may need to take out your own cover as well. It is vital that you ensure that all eventualities are covered.

3. If I am renting commercial premises, there is no need to carry out searches against the property.

Landlords make no warranty as to the suitability of the premises for your purposes. It is important that you make all relevant searches and enquiries in relation to the premises prior to the commencement of the lease. Once you have signed up to the lease you will be liable for the rent. Consequently you simply cannot stop paying rent if something arises that affects the suitability of the premises for your business. Searches can reveal issues such as:

- That your Local Authority are going to create a pedestrian zone on your street

- That the land may be common land or registered as a village or town green. This will prevent any planned development or construction taking place.

- The planning history relating to the premises. Many tenants assume that planning permission is the landlord's problem, however breaches of planning control can be enforced for up to 10 years after the breach occurred. It is important to check that all planning permissions have been complied with.

- If the property carries an obligation to contribute to the cost of repairing the chancel of the local parish church. This will almost certainly be responsibility of the tenant.

4. I am renting property to use as a workshop. The lease allows me to use the premises for any purpose - I assume this is advantageous to me.

This is not always the case. The use to which the premises can be put may have the effect of increasing the amount of rent payable when the landlord comes to review the rent in the future. The greater the variety of uses to which the premises can be put, the more the premises are worth.

5. I am renting premises for use as a butcher's shop. The lease permits this use but no other. I assume this is not a problem for me.

Whilst it is fine for your business purposes, the restriction may cause problems in the future. For example, if your business is not a success and you need to transfer the lease, then any person to whom you assign the lease would also have to use it as a butcher's shop. Consequently it may prove difficult to find a suitable tenant.

6. I am not registered for VAT and the landlord has insisted on adding VAT to the rent I agreed.

It will depend on the terms of the lease as to whether the landlord can do this. However this matter should be clarified when the lease is initially negotiated.

7. My lease gives me a right to park 5 cars in designated parts of the communal car park. The new landlord claims they are not bound by these rights and has reduced the number of spaces allocated to me.

Unfortunately seemingly simple matters like car parking are very complicated from a legal perspective and are often not properly dealt with by the landlord in the lease. Subsequently, the new landlord might not be tied by these conditions.

8. My landlord has stated that there will be car parking at the premises.

Not necessarily. The lease will need to be checked to establish whether or not there is an allocated parking space or spaces or whether there is only a right to park on a 'first come first served basis' in a communal car park.

9. I plan to rent the premises through a limited company. If this company becomes insolvent, I can walk away from the property and the lease.

Not necessarily. It is likely that the landlord will try to obtain personal guarantees from the directors of the company. Careful consideration should be given to the terms of any personal guarantees provided. For example, the tenant should aim to include a term enabling any guarantee to be released on assignment.

10. The success of my business will not affect the rent which I have to pay.

It might! It all depends upon the terms of the lease. The landlord's ability to change or 'review' the rent is a very important part of the lease. It requires careful consideration when the lease is being drafted.

11. I do not need to be concerned about Asbestos Regulations.

Under the Control of Asbestos Regulations all commercial premises must have a report detailing the presence of asbestos at the premises. This report must be updated at least annually. As a tenant, the lease may force you to fulfil these requirements, which can be expensive. It is important that this matter is covered in the lease negotiations and prior to the lease being granted so as to remove any liability for the tenant in complying with the Control of Asbestos Regulations.

12. I do not need to be concerned about Fire Regulations.

Under the Regulatory Reform (Fire Safety) Order specific rules for the preparation and updating of a risk assessment and fire precautions will attach to both the landlord and the tenant., It is essential that both parties liaise to ensure they not only know and apply the Regulations correctly but dovetail their activities to prevent loss or damage occurring, A criminal prosecution is likely to follow any failure to comply as these rules are for the protection of your employees and the general public. An experienced commercial property solicitor can advise you on the appropriate searches and enquiries that should be made relating to the premises.

When entering into a commercial lease, make sure that you consult a solicitor experienced in dealing with commercial leases who can interpret and negotiate the terms for you before agreeing a lease. Ideally this should be prior to the communication of the Heads of Terms which record your agreement with the landlord. Failure to do so can prove expensive

  2010 US Visa Process : US Visa Lawyers

It has been said that there are two things which are always certain in life: Death and Taxes. Perhaps "The Immigration Process Changes" could be added to this list. Below is an article looking at the US Immigration system and how it may change in the near future.

American immigration rules are subject to constant changes. However in recent years the rate of change has accelerated greatly. Some attribute this to the organizational changes made to the Immigration system itself. At one time, the Immigration and Naturalization Service (INS) was under the jurisdiction of the United States Attorney General. Now United States Immigration matters are dealt with under the authority of the Department of Homeland Security.

Further compounding the changes to the Immigration system are the proposed changes to be made to Immigration law should recently proposed changes be made to the Immigration and Nationality Act (INA). Under the current provisions of the INA same sex couples are not allowed to petition for Immigration benefits based upon marriage to a same sex partner. There have been numerous recent attempts to repeal this restriction. At the time of this writing, none of the proposed legislation on this issue has been passed by either House of the Legislative Branch of the United States Federal Government.

Recently, a bill was proposed in the US Congress that would make sweeping changes to the American Immigration system. Commonly referred to as "Comprehensive Immigration Reform," or "CIR" for short, this initiative seeks to rectify perceived injustices in the current United States visa process. The ultimate impact of the CIR movement remains to be seen.

An interesting aspect of the current Immigration environment within the past year is the increasing attention that immigration fraud is getting from the New York Attorney General's office. This attention to fraudulent activity has been most apparent in the current Attorney General's attitude toward those who would take advantage of the lack of consumer sophistication on the part of the immigrant community. This endeavor to thwart illegal activity should be embraced by the community at large.

When this article was written, the K1 visa was still a highly utilized travel document for those traveling to America in order to re-unite with a fiance. At the same time, the K-3 marriage visa is still widely used by those with a foreign spouse. Those interested in filing for a K-1 or K-3 visa should look into filing a well-founded I-129f petition.

USCIS: The United States Citizenship and Immigration Service is the main adjudicator of K visa applications and it is in their position as adjudicators that the American Department of Homeland Security pre-screens virtually all family based visa applicants to ensure that they are both eligible for benefits and do not pose a foreseeable threat to the United States. The Customs and Border Protection Service provides another layer of security as it is their responsibility to inspect and admit aliens at ports of entry in America

  US Immigration 2010: K-1 Visas from Thailand : US visa lawyers

The K-1 fiance visa has been a highly utilized travel document in 2010. Those Americans who have a foreign loved one whom they wish to bring back to the United States can use the K1 visa to allow their fiance to stay for up to 90 days in the USA. In the year 2009, the K-1 visa application process remained largely the same when compared to 2008. With that in mind, there may be changes in store for the K1 visa in 2010. This piece looks at things that Thai-American couples could expect to be faced with in 2010.

For those unfamiliar with the K1 visa process the following is a brief synopsis:

First, a K1 visa petition is filed by a US Citizen fiance at a USCIS Service Center in the United States. USCIS adjudicates the US Citizen petitioner's application and, upon approval, forwards the application on to the National Visa Center. The National Visa Center (NVC) is under US State Department jurisdiction and is responsible for conducting security clearances and forwarding case files on to the Embassies or Consulates abroad. In the Kingdom of Thailand, nearly all K-1 visa applications for Thai Nationals or other foreign nationals residing in Thailand are adjudicated at the American Embassy in Bangkok. The Consular Officers and State Department Personnel at the US Embassy will carry out a visa interview and, if the visa application obtains approval, issue the K-1 visa.

For the most part, the process explored above will, in all likelihood, remain substantially the same for most visa seeking couples in 2010. That being said, a recently proposed rule from the American State Department would likely increase the American Embassy Consular Processing and visa interview fees. A recent proposition would increase these fees from $131 to $350. For most people, a fee increase of $220 is substantial. This may have an impact upon those who even opt to file for a K1 visa as this $350 Consular Processing fee could prove to be prohibitively expensive.

Another change that could occur in 2010 involves Comprehensive Immigration Reform. At present United States legislators and the President are discussing ways of overhauling the American Immigration system. Some have wondered if these changes to the US Immigration system will impact the K category visas under the Immigration and Nationality Act. It is this author's opinion that 2010 will not likely see dramatic changes for those seeking a K1 fiancee visa, but by being prepared for upcoming legislation attorneys, applicants, and petitioners will be able to better anticipate possible problems before they arise.

  Employment Agreements : Mesriani

Once an employee enters a company and becomes a part of it, he must be responsible enough to do all the tasks and responsibilities involved in his position or job description.

While an employee should know the ins and outs of his job, he should also be a part of and know the terms and conditions of his employment.

He should discuss the agreed salary, tasks and responsibilities among other things during the interview with the Human Resource Department head. He can include how reimbursements are settled or paid when there are field works (whether it is abroad or locally). He can ask the employer also about the benefits once he is regularized.

The usual termination conditions for employees are employment disability, death, ineffectiveness or reluctance in performing duties, intentional acts that affect the company’s reputation and operations, conviction in any criminal act and breach of employment agreement.

If the company has a confidentiality clause, it means protecting the secret matters about the company’s operations and intellectual property from being leaked outside or to other same industry companies.

It is cited on the employment agreements. The employees shouldn’t divulge any confidential matters and affairs of the company once they resign or are terminated from their positions.

An employee should read the employee’s manual so that he will know policies and prevent from doing things that are illegal.



Terminating an employee should always have a valid or legal basis but there are some who experienced wrongful termination. And these situations are as follows:

• Retaliation

• Employment agreement violation

• Sexual harassment

• Anti-discrimination violation

• Breach of good faith

• Labor law violations

• Fair Labor Standards Act violation

Companies will be penalized for wrongful termination. They will pay for the damages to the employees affected.

Employment law also covers:

• Wages and benefits

• Family and medical leave

• Unemployment compensation

• Worker's compensation

• Pensions

• Intellectual property

• Safety in the workplace

• Drug testing and your rights

An example of employee agreement is from Reader’s Digest Association, Inc. Their 2005 Key Employee Long Term Incentive Plan offers employees of the company to performance-based stock incentives and other equity interests. It also offers employees rewards and retention.

Under the eligibility, the senior officers, senior management and key employees of the Reader’s Digest and its designated subsidiaries can be granted options and other awards under the said plan.

So basically, an agreement states all the rules, regulations, employees affected, etc. It’s like a handbook that one should follow which states what one shouldn’t do once he is working in the company.

  Examples of Personal Injury Lawsuits - What Law Clients Should Know : Daniel Berry

Personal injury lawsuits come in many forms. Knowing what these are can give one a better understanding of how to handle a particular case when meeting with an attorney to present a claim. For certain cases, the issue may include a criminal act--such as assault and battery--which will require a criminal trial to take place. Whatever the situation may be, it is important to contact an attorney immediately to learn more about your legal rights.

The most common personal injury lawsuits involve motor vehicle accidents. There are thousands of vehicle accidents each year where people are injured or killed, and they are not only restricted to cars. These incidents can include buses, motorcycles, and even boats. Though these are typically referred to as accidents, they are actually due to a cause, often negligence or carelessness on someone’s part. If you have been harmed in a motor vehicle accident, then you have cause for a claim.

Defective products can lead to injury, which can mean a case. Consumers have been harmed in the past by items such as seatbelts, medical devices, drugs, toys, and even clothing. Products are made with specific safety regulations in mind, but a defective item can still occasionally escape into the marketplace or the regulations may not have taken certain aspects into account. Manufacturers must adhere to very strict liability standards; simply put, if the product is defective, the plaintiff is extremely likely to win the case.

Poisoning due to chemicals and other toxins such as asbestos and radon are also cause for a lawsuit. Exposure to chemicals and toxins can occur both in the home as well as at work. There are a number of chemicals that are dangerous to human health, and though many of them are actually registered with the EPA, they have only gone through minimal testing in order to gauge the possible health hazards, both long and short term. Negligent companies and industrial accidents are two ways that one might be exposed to toxins.

These are only a few personal injury lawsuits that a person can bring to court. Talking with an attorney will let you know more about your rights, if you should make a claim, and possible compensation.

  Settle Will Disputes, Will Claims and Contest Wills With Willclaim Solicitors in UK : Arif

Will contests are typically brought on by family members from wealthy families who believe they were cheated out of their share of the inheritance of the assets involved. A legal battle may also erupt though when a family member believes the will was fraudulent or done under bad circumstances. For example, they may have had Alzheimer's and were not in sound mind at the time the will was created.

To be specific, will contest is a legal proceeding that challenges the validity of a will or its wording. To contest a will you need to make a case for one of the following in probate court; was the will maker mentally competent at the time they drafted or signed the will? Was the will maker pressured by someone to agree to the terms of the will? Does the will maker have another will or trust that would trump this one? Was the will properly witnessed or signed? Was the will maker tricked or fraudulently exploited? Did an outside party change the will? If you can answer yes to any of these questions then you have a legitimate reason to contest a will in probate court.

Will claim Solicitors will act on your behalf where specialist assistance is needed to consider contesting a will or in relation to any will disputes and will claim. Alternatively these matters where a person intends to contest will are sometimes called probate claims. Will claim Solicitors provide an excellent litigation service to assist in contesting a will, in relation to will disputes or a will claim. In any probate claim case where parties are contesting a will or bringing a will claim and probate claim, specialist litigation lawyers are required as to contest wills a detailed knowledge of the contentious probate area is essential. All of our specialist solicitors are accredited by ACTAPS. ACTAPS is the Association of Contentious Trusts and Probate Solicitors.

There are many reasons for the contesting of a will becoming more commonplace. Firstly, people are much more aware of the need to make a will in the first place. Without a will a person dies intestate and it the estate passes via the insolvency rules. This may be contrary to the original wishes of the testator.

  What You Should Know About Conveyancing : Evajudge

When the time comes to sell a home, being as prepared as possible is key. As a part of that, it is tremendously helpful to learn and understand a bit about the conveyancing process in Australia. Read up a bit on the basic things that are involved in the conveyancing process so that you have the most streamlined experience possible.

The Basics Of Conveyancing In Queensland -

Conveyancing is the legal transfer of property from one person or entity to another. Very few people are aware the conveyancing process is quite involved as it includes steps that far exceed the simple exchanges of signatures and signing of the contracts. In fact, the process entails a lot of different things, as outlined below:

=> Title Searches - Thorough title searches are completed in order to ensure that there are no legal issues that surround the property. This process is in place in order to protect the seller as well as the buyer. Once the property is deemed free and clear, the process may continue.

=> Preparing Documents - As can be expected, several documents must be signed, filed and otherwise prepared during the conveyancing process. Such documents include requisition documents, mortgage and lease documents and transfer documents. A conveyancer will know when and where to file such paperwork.

=> Contracts - Right from the start, contracts play a huge role in the conveyancing process. The initial contract is signed as an offer, which is then given to the seller for his consideration. People who attempt to navigate the conveyancing process on their own often run into trouble with contracts.

=> Cooling Off Period - After the contracts have been exchanged, a five day cooling off period is used in case the buyer has any second thoughts. This helps lessen the chances of trouble, and a small penalty is assessed if the process is halted at this time.

=> Settlement - For all intents and purposes, settlement marks the end of the conveyancing process. Funds transfers occur at this point, and the title and title deed are released to the new home owner. In turn, the conveyancing solicitor files them with the titles office on behalf of the home buyer, and the process is considered complete.

Don't Go It Alone!

The previous outline of the conveyancing process is only a very basic overview. Many other small but important things must be accomplished, and it is in your best interests to hire an experienced conveyancing solicitor for assistance. When the time comes to sell a home, being as prepared as possible is key. As a part of that, it is tremendously helpful to learn and understand a bit about the conveyancing process in Australia. Read up a bit on the basic things that are involved in the conveyancing process so that you have the most streamlined experience possible.

The Basics Of Conveyancing In Queensland -

Conveyancing is the legal transfer of property from one person or entity to another. Very few people are aware the conveyancing process is quite involved as it includes steps that far exceed the simple exchanges of signatures and signing of the contracts. In fact, the process entails a lot of different things, as outlined below:

=> Title Searches - Thorough title searches are completed in order to ensure that there are no legal issues that surround the property. This process is in place in order to protect the seller as well as the buyer. Once the property is deemed free and clear, the process may continue.

=> Preparing Documents - As can be expected, several documents must be signed, filed and otherwise prepared during the conveyancing process. Such documents include requisition documents, mortgage and lease documents and transfer documents. A conveyancer will know when and where to file such paperwork.

=> Contracts - Right from the start, contracts play a huge role in the conveyancing process. The initial contract is signed as an offer, which is then given to the seller for his consideration. People who attempt to navigate the conveyancing process on their own often run into trouble with contracts.

=> Cooling Off Period - After the contracts have been exchanged, a five day cooling off period is used in case the buyer has any second thoughts. This helps lessen the chances of trouble, and a small penalty is assessed if the process is halted at this time.

=> Settlement - For all intents and purposes, settlement marks the end of the conveyancing process. Funds transfers occur at this point, and the title and title deed are released to the new home owner. In turn, the conveyancing solicitor files them with the titles office on behalf of the home buyer, and the process is considered complete.

Don't Go It Alone!

The previous outline of the conveyancing process is only a very basic overview. Many other small but important things must be accomplished, and it is in your best interests to hire an experienced conveyancing solicitor for assistance

  Employer Rights with Unemployment Compensation Law : Coletmaugham

People can easily lose jobs, but getting a new one is not as easy, and that is why there is the unemployment compensation law which provides them with much assistance. This enables people who have lost their jobs to continue living their daily routines as they are in the hunt for regular income sources. It is important to be familiar with the elements that are needed for such compensation to be granted and so the article will be providing an overview of the essential components of the ruling.

An unemployment compensation law provides the legal means by which people can see whether or not they have the grounds to receive a financial support settlement from the government. Eligibility for unemployment compensation depends on the employment history of the applicant on whether he or she has received a minimum amount of earnings during the time of employment. It is an important factor for the financial support to be granted when the applicants were working regular jobs preceding the unemployment claim application.

An applicant must have held a particular occupation for one entire year before being relieved from the position for him or her to have a right to get benefits under the unemployment compensation law. When an application for support is filed, the board will review the applicant in terms of whether he or she will agree to work should an opportunity come, and if he or she is, then the grant will be finalized. There are other reasons which may cause an unemployed person to be denied compensation and these will be discussed later on.

It is a good decision to go for the option of applying for an unemployment claim at the local agencies. A person should not forget that relevant personal documents need to be filed as well when a compensation claim is in order. If a person needs financial support then he or she should not wait any longer after losing employment because processing takes time.

How can a person qualify to receive financial aid considering the varying elements of the compensation law for unemployment? If a person left his or her job then the person should have had good reasons to do so, and also he or she should not have been part of any mutiny or criminal charge that caused the loss of employment. Also, unemployment compensation is given to people who are ready and willing to work and in this case illnesses and lingering medical conditions are not valid excuses.

The compensation law also excludes people who have their own businesses and those who work as freelancers. What are examples of good reasons and justifiable exits of leaving employment? Unemployment compensation law also disqualifies people who are independent workers and probable business owners.

It is also a qualified reason where a person leaves work because his or her partner, husband or wife, is off to a new job out of the state. Taking care of ill family members as well as the military drafting are both good reasons why a person may have quit his or her job. Each worker needs some information pertaining to how the compensation law is being applied in his or her area of work.

Below are some instances where a person may be denied under the unemployment compensation law. An individual can be disqualified if he or she had a poor work performance where he or she was previously employed. It is not wise to have a record of alcohol and substance use in the workplace as this will not make a person eligible for compensation.

Regular benefits under the unemployment compensation law settle payments for twenty six weeks at the most in most countries. As payments are made to the individual, he or she must in turn be actively seeking employment. Compensation benefits should be used wisely in the time of need. 

  Am I Able to Contest a Will? : Proplan
A lot of time, a will enters and exits probate proceedings without being contested. However, for some individuals who have questions or issues, a will can be contested if it is felt the will is wrong or invalid. It is extremely crucial for people to acknowledge what has to be done in order to contest a will, it is not an easy process at all and having decent knowledge gives you a huge advantage.

If the will has a “no contest” clause, it can stop anyone from contesting the last wishes of a decedent. Such a clause, forces a beneficiary to make a choice between taking the inheritance and filing a claim against the estate. Many people with large families elect to have a no-contest clause added to their will to avoid squabbling and arguments. If a heir were to contest a will of this type, they risk being disinherited altogether. The following situations are necessary to be able to contest a will including a person being named in the will, but feels the inheritance should have been disbursed differently or the party was not named in the will and should have been included, or the decedent died without having a will written up. Any of these grounds are a valid reason to file legal documents contesting the terms of the will, and a person can do this while the creator is alive or after death.

Another way to go about challenging the last wishes of the person is to not contest the will, but rather file a lawsuit against the executor or the person inheriting the property and assets, and this can be done while the creator of the will is still alive. If a person wins a lawsuit of this nature, not only will they receive the inheritance, but can recover attorney fees and maybe any other costs associated with the lawsuit.

  The Job of an Executor of a Will : Proplan
Being the executor of a will bears great responsibility, and some find it to be an intimidating ordeal. As an executor, you are trusted to handle the affairs of an individual whether it is a parent, spouse or friend. You are responsible for protecting someone’s personal property and assets, and making sure the will is properly administered.

By law, the executor of a will does not need to be a legal or financial expert; the most important qualities are integrity and being trustworthy and diligent. The role of an executor is technically known as a “fiduciary trust,” which means you have the responsibility to act in a capacity of faithfulness and honesty on behalf of someone else.

The executor of a will has many duties, depending upon the complexity of the decedent’s estate. An executor must find the estate assets and oversee the distribution of said assets, decide if the will needs to go through probate proceedings, determine who inherits property, file the will in local probate court, set up a bank account, pay debts and taxes and distribute estate funds to pay for continued expenses.

If you are named to be an executor of a decedent’s will, you do not have to accept the responsibility. Also if at any time during the duty of being an executor, the person has the right to resign from the position. If an executor cannot be found, one will be appointed by a court of law.

The position of executor comes with great honour and the person is also entitled to receive payment for services, the amount is figured in accordance with state law and certain factors. Being in the capacity of an executor is a position that requires due diligence and dedication, when considering all the duties and functions, it is a not a decision one should ever make lightly.

  Understanding a Testamentary Trust : Proplan
A testamentary trust is a type of trust prepared for minor children or young, adult children in the case of the death of a parent or parents. The fund may involve the distribution of large sums of money to children under the assignment of a trustee who oversees the trust until such time it expires. This type of trust is perfect for those individuals who do not have enough money to establish a revocable trust, which isn't a low-cost endeavour.

It is a less expensive alternative to consider when facing expensive legal fees that may be difficult to afford for some people. If the trust is to be maintained over a long period of time, a trustee (responsible party) may have to go to court to have the testamentary trust checked over by a judge. If this is the case, a trust of this nature can end up being very expensive and over time the fees encountered are deducted from the funds of the trust.

The creation of a testamentary trust means that the person who acts as a trustee must oversee the trust until the time period expires. The trustee can be appointed in the terms of a will, though some may decline the responsibility because of the massive dedication and time required. In the event there is no trustee designated, the court can appoint someone in this capacity, or possibly a family member or friend of the deceased will volunteer to do the job. This is why it is important to discuss the appointment with trusted friends and family members who are willing to act responsibly in the capacity of a trustee.

Money matters are an important part of a last will in testament and something a person should be most diligent about. A final will in testament can ensure your final wishes are carried out, and with a trusted appointee acting as a trustee, you can make sure your children are well provided for in the event of your death.

  Causes, Symptoms, and Consequences of Traumatic Brain Injury : Phillip Stone
Traumatic brain injuries (TBI) are caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a traumatic brain injury. TBI symptoms can be mild, moderate, or severe, depending on the extent of damage to the brain. A mild TBI usually involves a brief change in mental status or consciousness while a severe TBI would mean an extended period of unconsciousness or amnesia after the injury.

Traumatic brain injuries can have different signs and symptoms depending upon the severity of the injury. With mild TBI some symptoms include dizziness, vomiting, loss of consciousness for a few seconds or minutes, difficulty balancing, blurred vision, ringing in the ears, confusion, and trouble with memory or concentration. Any of these symptoms could also be found in moderate or severe TBI cases. Moderate or severe TBI patients may experience headaches that don’t go away, repeated vomiting, dilation in one or both pupils, slurred speech, language problems, weakness or numbness in the limbs, loss of coordination, restlessness, and agitation. All of these symptoms are serious but may not show up for hours or even days and in some cases even weeks after the initial TBI.

Traumatic brain injuries are sustained by approximately 1.4 million people each year in the United States alone. Of these 1.4 million cases, roughly 50,000 ends in death, 235,000 are hospitalized, and 1.1 million are treated and released from the emergency department. The leading causes of traumatic brain injuries are falls (28 percent), motor vehicle accidents (20 percent), struck by/against events (19 percent) and assaults (11 percent).

Traumatic brain injuries often end in death or disability. The Centre for Disease Control (CDC) estimates that 5.3 million Americans, approximately 2 percent of the population, currently have difficulty performing daily living activities as a result of a TBI. A TBI can cause a wide range of functional changes that affect thinking, sensation, language, and/or emotions. TBI patients can also develop epilepsy and have an increased risk for conditions such as Alzheimer’s disease, Parkinson’s disease, and other brain disorders that become more prevalent with age.

Direct and indirect costs such as loss of productivity from a TBI were totalled at an estimated $60 billion in the United States in 2000.

A traumatic brain injury can result from auto accidents, medical malpractice, and many other causes. If you believe someone's negligence was the cause of your injury, consult a lawyer as soon as possible to review your case.

  The K1 Fiancee Visa : Vetio Vee
What is the difference between the K1 Fiancee Visa and the K1 Fiance Visa? Is there a difference? The only difference is between the words Fiancee and Fiancé: one meaning a man immigrating to the USA and the other meaning a woman coming to the USA.
K1 Fiancee Visa : Paperwork
20 The paperwork is the same in both aspects of the K 1 visa. This is also the case with the green card through marriage. The new non immigrant spouse will go through the same green card I 485 documentation and the same USA green card interview.

All paperwork regardless of gender is the same from the time the I 129 F application is processed up to the point where the green card has been approved.

K1 Fiancee Visa : What is more common?
  In the past most all non immigrants coming to the USA through a K 1 Visa were women. That trend has slowly started to change. There are a significant amount of women in the USA now finding a future spouse abroad.

If you look at the many online international dating websites you will see this trend. More and more websites are now starting to feature both men and women.

K1 Fiancee Visa : Why are more women seeking men abroad?
  This question is common and asked often of both women and men. Women from the USA are asking why do US men seek women for marriage abroad and now the same question can be asked about women.

The main reason for this slowly changes in the pursuit of marriage comes from the increasing number of immigrants entering the USA from not only border countries, but from countries across the world.

Cultures from countries around the world are interacting with us at work, during our down time and also in our schools. Both men and women of the USA are now being shown the beauty of other cultures and that beauty is enticing them to search outside their common comfort zone.

K1 Fiancee Visa : My reason
  I can tell you that this is what happened to me. It was the main reason why I wanted to travel and meet women from other countries. I have worked with a lot of people from different cultures and over the past years I have grown to understand and cherish those experiences. If you can think of a country, I have probably worked with an individual from that culture. Working in this kind of environment enabled me to learn about and experience many different cultures in a short amount of time. I started to realize there were some cultures I was in tune with and others where I could not understand. Most people will never have this opportunity and I learned to appreciate the gift that was presented to me. At the time I was a year out of a very difficult relationship and this experience gave me a reason to still believe in marriage and building a lifetime commitment with someone.

One culture that stood out was Russia. The women were beautiful, their culture was amazing and their love of family over anything else was a breath of fresh air. If I did not have this job, I would have not been able to interact with so many people from different cultures. Venturing out of my comfort zone would have never happened.

Life experiences are what shape a person into what they are and what they will become. As the USA becomes even more integrated with cultures of the world, more and more US citizens will use the K 1 Visa and green card through marriage to bring a love one to the USA.

  Consumer Complaints and a legal measure to file complaints : Consumer Complaints
The most important aspect of any business is the customer. A happy and satisfied customer signifies a successful business. Organizations work to make their consumers happy. However, even the best business will have unhappy customers. They may be unhappy about something, which is beyond control, but an unhappy customer puts deep impact on your business. By dealing with customers calmly and with respect, even when they are complaining about your business, you will reduce the negative feedback about your business and you get the opportunity to improve your business as well. Instead of avoiding complaints and being scared of them, consider the advantages of hearing your customer’s complaints. Consumers are the major economic group in a country’s economy, affecting and affected by almost every public and private economic decision.

We can say that customer rights are universal provided that we recognize some rights and voice our opinion against it. We become aware of the rights. Many people are not aware of their consumer rights, which lead to their exploitation. A customer complaint is a legal way of voicing one’s opinion and claiming one’s rights. One can make legal complaints on issues regarding unethical marketing, the use of hazardous technologies and production processes, and the sale of harmful products.

Consumer complaints are a legal way of filing one’s dissatisfaction for a service or product. It is a legal way of filing a claim. Our Government has assigned us certain civil liberties and certain consumer rights. Government has amended six rights for the customers. The six rights are

  • Right to Safety

  • Right to Information

  • Right to Choice

  • Right to be heard

  • The Right to Redress

  • The right to consumer education
  • If these rights are not protected, then an individual has every freedom to complain against it. Consumer complaints are lodged by filing a complaint letter. A consumer complaint letter is a formal way of demanding one’s rights. Few customers in our country are unaware of their rights and that is the reason why they are cheated and duplicated. People are now more responsive towards their rights and have started demanding it.

    A customer complaint legally helps a person to voice one’s opinion and claim its customer rights. It helps a customer to raise its voice against injustice. Customer Complaint tries to protect customer rights by defending customers towards malpractices, by prohibiting certain illegal practices. Consumer Forums are also available which helps to protect customer rights against prejudices or against duplicity in the marketplace. Complaint Forums provide a platform to raise one’s voice against prejudices by filing Consumer complaint and lodging a consumer forum.

    No matter what the complaint is or how the customer reacts, sometimes it becomes necessary for the organizations to stay as calm and professional as possibly can. Taking the complaint personally and arguing will only make the matter worse. Organizations should try every measure to safeguard consumer protection rights otherwise dissatisfied customers would result in the loss of business and a bad name to the brand.

      Are Ideas saleable? : Russell Williams
    Yes; however, it is important to understand what you need to have in place to increase your odds of success. As you move your idea through the invention and patent process, your odds of success increase as your idea becomes more tangible and real. The notion of selling or licensing an idea without any effort or development on behalf of the inventor is a misconception of many inventors. Although I believe anything is possible, it is important to be realistic about your odds of success with an idea. Many inventors believe that a company will license or buy their idea and pay a royalty, even though they have not taken the time to move the idea forward with a patent search, patent pending or any type of professional presentation, development or proposal. This is unlikely; to increase your likelihood of success, you should be prepared to move your idea forward beyond just a concept or thought Next, when it comes to royalties or payment received for licensing your idea, it’s vital that you have realistic expectations. Don’t expect to receive a 50/50 split on the profits from a company for licensing your idea. A company may end up spending hundreds of thousands of dollars developing, manufacturing and marketing your idea…so a 50/50 split would not be reasonable. Typically, an average royalty can range from 3-5% of net revenues received by the company for selling the product. The royalty rate is negotiable and may fluctuate based on the margin and/or sales volume of the product.

    Overall, the key to selling your invention is having a good idea to start with; then taking some steps to protect and effectively present the idea to companies.

    There are no guarantees…
    The reality is that there are no guarantees for success. Regardless of how great your idea is there are absolutely no guarantees that your idea will ever make money. Great ideas can fail for many reasons, such as poor marketing, lack of market or scarce financial resources. Additionally, ideas that may seem less than stellar can often make millions for example, the Pet Rock or Chia Pet. The invention process can be exciting and rewarding; however, you’ll need to approach the process with realistic expectations and a willingness to do what it takes to succeed.

      Employment Law and Equal Pay Act : Charlie
    The Industrial Revolution has brought radical changes in the working place. This historical phenomenon swept much of the world, especially Europe where it started and the Americas. One radical change it brought to the working place is the deterioration of working conditions as the number of workers or employees rose meteorically. In this regard, the government would need to pass laws protecting the rights of workers. These protective laws paved the way for the creation of modern employment law in the United States.

    What is Employment Law?
    The Employment Law protects employees or workers from any kind of mistreatment on the workplace. The poor working conditions that resulted from Industrial Revolution led to the creation of laws establishing fair wages, limiting the number of working hours in a week and prohibiting child labour. Other labour related laws also include laws regulating the cleanliness of the workplace, protection of employees from any kind of hazardous accidents. Employment Laws have been passed standardizing the provision of benefits by the employers for the employees. Employment Law includes health insurance that benefits workers if medical problems arise due to poor work condition or unsanitary workplace. In addition, Employment Law also covers protection against discrimination in the workplace based on religion, race, gender and other factors.

    Let us focus more on employment discrimination laws that protect employees from discrimination in the workplace. The US Equal Employment Opportunity Commission (EEOC) enforces several employment discrimination laws that protect employees from compensation discrimination. One of these laws is the Equal Pay Act of 1963. The passage of this law is milestone in labour history as it ensures that there shall be no wage discrimination based on sex in the workplace.

    The Equal Pay Act
    As stated above, this law requires that no wage discrimination shall take place based on gender. This law requires that men and women be given equal wage for the same work rendered in the same workplace. The jobs need not to be the same, but they must be essentially equal.

    Further, the EPA states that it is not the job titles that matter in determining whether jobs are substantially equal but the job content. Men and women alike are protected by EPA as it prohibits unequal wages to both genders that perform a job that requires substantially equal amount of work, skill and responsibility in the same workplace and same working conditions. Pay differentials are only allowed when they are based on merit, seniority, quantity or quality of production or other factors than gender. Employees expect that their employers will adhere to the Employment Laws discussed above. Moreover, basic standards of fairness in terms of employment decisions shall be observed in the workplace, like equal page for equal job for both sexes. Sometimes, however, these labour laws are not adhered to by employers. If you are a victim of unfair labour practice, do not hesitate to fight for your rights. An experienced civil rights lawyer or employment lawyer might help you build a strong case against your abusive employer.

      UK Family Law : Andrew Marshall
    Family Law is the sets of laws that relate to any family and relationship matters. These include marriage, divorce, civil partnerships and many areas relating to children and parenting.

    When two people get married they must sign a marriage certificate to confirm that they are a married couple. This must be witnessed by at least two people and the ceremony, whether it is in a church, registry office, or anywhere else, must be conducted by someone who is authorised to register marriages. This is necessary for the marriage to be recognised under UK law. Those marriages that take place in another country according to their own law, still stand in the UK. Anyone in a legally binding marriage must go through divorce proceeding if they no longer wish to be married.

    Anyone getting married in the UK must be over 16 years of age; those under 18 must seek written permission from their parents. It is illegal to get married at the age of 16 or 17 without this permission, but the marriage will still stand. You cannot be married to more than one person at a time, although this is not the case in all countries. If you are married to multiple people it is called bigamy, and this can carry a jail sentence. Another legal requirement is that two people who are closely related cannot get married to one another.

    To get a divorce a couple must go through a legal process. This can sometimes be simple, but it can be extremely complex depending on the couple’s circumstances. This can especially be the case if the couple have children together. During the divorce process possessions and finances have to be split and this can be a long and arduous process. Around 10 per cent of divorces end up going to court.

    When a couple separated (whether married or not) and have children together there are family laws that play their part in dictating with which parent the child or children live with, although this can be split. This is the most common point of dispute with separating couples and can often end up be deciding in the courts. Visiting rights for the parent who doesn’t have custody can also be determined by a Judge. Family law with regard to children is often criticised for the fact that in the majority of cases custody goes to the Mother, especially if the couples had not been previously married. Maintenance payments also have to be determined.

    A significant development in family law in the last few years was the introduction of Civil Partnerships in 2005. A civil partnership is essentially the registration of a partnership of a same sex couple. In many ways it is like marriage under a different name. Civil partners have many of the same rights, such as tax breaks, as married couples and there is also a process that must be followed to end the relationship – this is called civil partnership dissolution.

    There are stringent adoption laws put in place for the safety of children who are to be adopted. If someone adopts a child it means that they are the legal parent, and for this to happen there is a sometimes lengthy process to go through. Adoption authorities have to make sure they have done everything necessary to make sure children are adopted by the right people.

      Accidents at Workplace : Bairdrogers
    Workplace insurance is important for a number of reasons, and one of the most important reasons that a business needs to have workplace insurance is because of accidents at work. While most businesses take a lot of preventative measures to make sure that they are providing their workers with a safe environment to work in, workplace accidents can take place, and if they do it is important to know the proper steps to take to get paid for the loss of work or damages, and to get insurance money for the accident at work.

    If you want to learn more about how work accidents are covered by insurance and the proper steps to take to make sure that your employees are going to be covered, you can find a lot of great information online. If you want to learn about workplace accidents, how to protect yourself, your business and your employees check out www.workplaceaccident.org. This web site can give you a lot of great information and advice on how to handle workplace accidents, how to file claims, the types of information that you need to gather, and how to file a claim to get paid.

    There are certain things that you need to do if you are going to file an insurance claim for a workplace accident. You will need to gather all of the information on the accident at the workplace, and workplace pictures are also helpful in determining the cause, action and scene that was involved. All of these items can be presented when you are making your insurance claim and can help make it a lot easier to get paid for the claim, and to get the expenses paid.

    Workplace accidents are not uncommon, and depending on the type of business that you have, it is important to take all of the proper steps when you have an employee that needs to file an insurance claim. Workplace insurance provides coverage for expenses and costs that are associated with the accident at the workplace and can help provide a better work environment for everyone. You can find out all of the benefits to having workplace insurance for accidents online, and you can go the web site to learn how to file claims for accidents that take place at work, and also tips to help your business and your employees have fewer claims to file, and to get their expenses paid. There are ways that you can learn to get your workplace claims filed easily and get your employees the money that they need on the claims filed.

    Knowing how to file a workplace accident claim and what to include in your report can help you get the help you deserve.

      How An Immigration Lawyer Can Help You Win A Difficult Case : Gregartim
    After 9/11, are more important than ever before. Rules are stricter. Procedures are tighter. Judges are tougher.

    Yet, over 50% of immigrants go to Immigration Court hearings without a lawyer. This is a recipe for disaster.

    After the 9/11 attacks Americans looked for causes - many blamed the immigration system. Nineteen terrorists had entered the U.S. on student visas; the others used tourist visas. The results were predictable. It became more difficult to qualify for permanent residence, U.S. citizenship, and other immigrant visas.

    When green card applications fail, immigrants - and often their family members - are sent to Immigration Court. The government asks the judge to deport the immigrants. It becomes a winner-takes-all situation.

    Like all aspects of immigration law, court procedures have become more rigid in recent years. These changes make winning your case harder than ever before . . . and the assistance of an immigration lawyer more critical to your victory.

    Immigration courts are flooded today: an overload of cases and not enough time.

    Immigration judges, since 2002, handle about 300,000 cases annually. There are 226 immigration judges and 54 immigration courts. On the average, immigration judges make five rulings per day, and sometimes have less than 15 minutes to issue their decisions.

    The results of overcrowding:
    Judges take a quick look at written materials, searching for errors and omissions. A single error may cause a case to be denied, setting an immigrant's petition back by a year or more. The error can even lead to your permanent removal from the U.S.

    Judges must finish immigration trials as rapidly as possible. Many immigration judges ask for written statements, instead of listening to the testimony of your witnesses. Important information may be left out. Unless there is an immigration attorney doing the writing, most immigrants will fail to include certain evidence the judges need to know.

    Judges will not create law. They do not study rules like an immigration trial lawyer. If a law has been used a certain way by courts in the past, a judge is going to do things the same way. Only an experienced and confident attorney will challenge how laws and procedures have been used in the past if your situation is different.

    An immigration attorney can bring many advantages to your case - and can help to offset the problems you will face at Immigration Court. These advantages may make the difference between winning and losing.

    First, at your immigration trial, everything counts. How you prepare your application will influence every step of the process. Too often deserving and honorable immigrants destroy their chances with poorly prepared paperwork. Confusing information can make it difficult to challenge a bad decision by the judge. An immigration attorney can keep these errors from taking place.

    Second, several programs are unknown to immigrants. They can be missed if you are not being helped by an experienced immigration trial attorney. For example, 5-10 years ago, a special program may have existed for immigrants from your home country. Now it no longer exists. Good immigration attorneys will know if it can still help you.

    Most importantly, an attorney with immigration appeals experience can help protect you from bad decisions. Judges are humans. They make mistakes. A judge might overlook important evidence which helps your case. A judge may fail to properly consider testimony from a witness. Perhaps the judge improperly uses a rule against you. Your lawyer will be able to challenge these errors.

    Because immigration cases are harder today, hiring an immigration attorney may be the only way to protect your right to a fair hearing - as well as your ability to live in the United States.

      Can a Collection Agency threaten...? : Gregartim
    Collection agency threats are about as common as oxygen being in the air. To begin, they legally cannot “threaten” to do anything that is illegal, and they cannot “threaten” to take an action that they do not intend to actually take.

    The biggest threat that I hear about is wage garnishment. To start, let’s be absolutely clear on this, wage garnishment cannot happen in Pennsylvania except under very limited circumstances. Generally, I can say that a collection agency lawsuit will not meet with those very limited circumstances. In that regard, any threat to garnish wages in PA by a collection agency is illegal because they simply cannot garnish wages here in Pennsylvania.

    Another big threat that I hear is that they’re going to take your house. Really? I don’t think so. For the most part, the collection agency case is for a few thousand dollars. I’d say that the average case that my office handles is over an alleged debt of $6000. Does it remotely make sense that they could take your house for a debt of $6000? Of course not. That type of threat is generally illegal in PA. (As a side note, if the collection agency does win in court, they may be able to place a lien on your home. This is much different than taking it).

    We’re going to press fraud charges or put you in jail if you don’t pay this debt! Another illegal threat. First of all, there is no court in the land that is going to put you in jail for failing to pay a credit card or collection agency debt. Second, they can’t press fraud charges against you. If there was the possibility of fraud, wouldn’t it make sense that the original creditor or financial institution that your alleged account was with would do that? They didn’t, and instead choose to sell your claim to the collection agency. Such a threat in PA is illegal.

    Any other type of threat that sounds outlandish or “just not right” is likely illegal in PA. The illegal threats are pretty easy to see. On the flip side, there are some “threats” that are legal in PA. The threat to sue is one. The collection agency absolutely has the right to file a lawsuit against you if you fail to pay an alleged debt. Whether they can actually prove the case in court is another issue that has been answered in detail in many of my other articles. The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from unfair “threats” and practices by collection agencies. It is a fairly strong law that makes it illegal for the debt collector to engage in abusive practices. Making some of the above described threats is a violation of this law, and may give you the ability to sue the collection agency for its conduct.

    In a nutshell, if you hear a threat that just doesn’t sound legal, it probably isn’t. Make a note of who made the threat, what agency they were with, what the date was, time of day and then contact a consumer attorney with that information. You may just have a lawsuit against the collection agency.

      Federal Yasmin & Yaz Lawsuits Consolidated in MDL : Consumer Injury Lawyers
    On October 1, 2009, the U.S. Judicial Panel on Multidistrict Litigation issued an order establishing a multidistrict litigation, or MDL, for all federal Yaz and Yasmin litigation. Pursuant to the order, all federal Yaz and Yasmin birth control lawsuits will be consolidated and centralized for pre-trial proceedings in the Southern District of Illinois.

    On October 1, 2009, the U.S. Judicial Panel on Multidistrict Litigation issued an order establishing a multidistrict litigation, or MDL, for all federal Yaz and Yasmin litigation. Pursuant to the order, all federal Yaz and Yasmin birth control lawsuits will be consolidated and centralized for pre-trial proceedings in the Southern District of Illinois.

    The MDL consolidation will benefit the plaintiffs in the Yaz and Yasmin lawsuits by allowing them to share the costs of pre-trial discovery and avoid duplicative discovery. For example, in an MDL, depositions of certain people can be taken just once, every plaintiff gets to use them, and the cost is split among everyone.

    Yaz & Yasmin Lawsuits

    Bayer Healthcare, the company that markets Yaz and Yasmin, currently faces at least 74 Yasmin and Yaz lawsuits and the number continues to grow. The lawsuits all involve allegations that a new progestin contained in the birth control pills, called drospirenone, increases the risk of serious and potentially life-threatening Yaz and Yasmin side effects, including heart attack, stroke, pulmonary embolism, deep vein thrombosis, gallbladder disease and sudden death. The Yaz and Yasmin lawsuits also allege that Bayer overstated the benefits of Yaz and Yasmin and failed to adequately warn consumers about serious Yaz and Yasmin side effects.

    Yaz & Yasmin Hyperkalemia

    Because Yaz and Yasmin contain the progestin drospirenone, Yaz and Yasmin may both put patients at risk for a condition known as hyperkalemia. This condition is marked by increased potassium levels in the blood and often has no symptoms at all. If left untreated, it can lead to cardiac arrest and kidney failure

    Yaz & Yasmin Lawyers

    If you or a loved one has experienced serious Yaz or Yasmin side effects, you may be entitled to compensation for your medical bills, lost wages and other injuries.

    The Yasmin & Yaz lawyers at Bernstein Liebhard operate on a contingency fee basis, which means you pay no fees or charges up front. In fact, you pay nothing unless a favorable outcome in reached in your Yaz or Yasmin case.

    Attorney Advertising. Prior results do not guarantee or predict a similar outcome.

      Want to know all about Divorce procedure : jane baron
    Divorce happens to take place because couples are not taking marriage seriously. It is the responsibility of both partners to maintain good relationship for a happy married life. You both have to honestly work on it since you have joined this institution. If you are really serious about your relationship then I am sure there will be very least cases of divorce. Today in the western culture it is found that out of three marriages one goes on the cards of split. Divorce procedure is carried when you both are no longer prepared to work together, live together and not faithful to your commitment. Earlier the divorce procedure was easy and no complication was found. One can easily take divorce from his partner. But today the situation is not the same. It has become very complex and lengthy process to be carried out for separation.

    Divorce is not to be decided by one party, both the partners must think again on adjustment and if no scope of settlement is seen then you can take further step. Settlement with mutual understanding can save your relationship. There can be many reasons of separation like entry of a new partner can lead to divorce procedure. Divorce creates problems for kids and children who are avoid of parent love and affection. When you are filing a complaint or petition, you have to state the reason of divorce for which you are filing a petition. Irrespective of all if you have decided to get divorce then the first thing you need to do is file a divorce petition in a local court. The person who has filed the divorce petition is called petitioner and your spouse is called respondent.

    To carry out complete Divorce procedure, you need a legal advisor like a solicitor who can help you in the proceedings. All these proceedings are critical and need to be handled properly with the help of a legal authority. If you have children below 18 years, then a statement of arrangements needs to be drafted for children. This document is arranged to manage arrangements of children so that who will take care of them after separation and with whom they are to stay. When all the divorce documents have been drafted your lawyer will send them to both of you for approval.

    In the divorce preceding, the couples have to negotiate the terms and conditions of marital settlement successfully. The court will send a copy of arrangement of children along with divorce petition copy to your spouse for her consent on this matter. On the acknowledgment form, your spouse has to approve her consent for the preceding. At any point of time, you can stop the divorce procedure if you wish to withdraw. Divorce is the formal separation of a couple who are engaged in the beautiful bond of marriage. Your solicitor will help you to settle the case outside court if you wish to. If there is any hope of settlement, you can step further to save your married life.

      Federal Disability Retirement: As Strong as the Weakest Link : by Robert R. McGill
      Have you ever heard the phrase, that "X is only as strong as the weakest link"? What does that mean? When applied to Federal Disability Retirement applications, it has significance and application on multiple levels. Filing for Federal Disability Retirement benefits under FERS and CSRS has multiple, and almost an infinite amount of, potholes, dangers, traps and landmines, both hidden and apparent -- and that is from the viewpoint of the attorney. I can only imagine what it is like for the Federal or Postal employee who thinks as follows:   Article
      I have a serious medical condition; there is a benefit called "disability retirement"; let me make copies of my medical records, fill out the forms, and submit it. I should get it with no problems. I get telephone calls almost on a daily basis from people who say, "I can't believe that the Office of Personnel Management disapproved my claim. What did I do wrong?" Often, it is the Office of Personnel Management that "did something wrong", and it is up to the Attorney to point that fact out.
      Now, back to the original thought of this blog: A case is only as strong as the weakest link. As Federal Disability Retirement applications have many complex issues surrounding and central to the application and the application process, it is important to make sure that even the weakest link of the packet -- whether it is the doctor's report, the Applicant's Statement of Disability, the legal arguments to be made, etc. -- make sure that the weakest of the links is strong enough to withstand the selective (and often unfair) reasoning and attacks of the Office of Personnel Management.
      "V" Visa Victory : by Ernest Messerly
    The nonimmigrant “V” visa is commonly thought of as a thing of the past. But very recently I was fortunate enough to be able to rescue two clients from seemingly hopeless situations in which they had been illegal for years by means of the “V” visa.

    Briefly, the “V” visa was created to allow family members of lawful permanent residents to reside legally in the US while waiting for an immigrant visa to become available. Since family members of lawful permanent residents often have many years to wait before an immigrant visa becomes available, the “V” visa allows for family unification, allowing the family members to wait for visa availability in the US rather than in the native country. However, the law that created the “V” visa requires that family member be the beneficiary of a petition filed on or before December 21, 2000. Because of the required filing date, there are few situations where a “V” visa is now available.

    When USCIS initially implemented the rules and regulations for the “V” visa, they took the position that a child would lose their “V” visa eligibility at age 21.

    This brings me to my two recent clients. Both of these clients- unrelated- entered as children, but their “V” visa and permission to reside legally in the US, under the then existing “V” visa rules, were terminated at age 21. They had each been living the difficult life of an “undocumented alien” ever since.

    While doing some research on the “V” visa, I discovered that on October 5, 2004, the Ninth U.S. Circuit Court of Appeals in the case of Akhtar v. Burzynski had struck down the “age-out provision” of the “V” visa regulations. Further research revealed that USCIS itself, in response to the court ruling” had issued an “Interoffice Memorandum” dated January 10, 2005 announcing acquiescence to the Akhtar ruling- agreeing that a child’s “V” should not terminate at age 21 .

    However, my clients were not yet home free. The January 10, 2005 Memorandum only applied the change to those who had filed for an extension and been denied. My clients, in light of the position being taken at the time by USCIS, never filed for any extension.

    Further research, however, revealed a Press Release by the USCIS issued on May 16, 2005 which extended the new policy to those “who did not apply for extension of status solely because the alien was 21 years of age…”

    Applications for extensions of their previously terminated “V” status were filed immediately for both clients and for the young daughter of one of the clients. To USCIS’s credit, very quick decisions were made granting them renewed “V” status and also approving them for employment authorization.

    Needless to say they were very, very pleased with our “V” visa victory.

      Common Misconceptions About Personal Injury Litigation : by Joel M. Baskin
    One of the most common misconceptions about Marietta personal injury litigation that people have is that it is too time-consuming, taking years with potentially no return. As a result of that misconception, many people believe that their only choice is to take whatever an insurance company or person responsible for their injury offers for compensation.

    In fact, most personal injury litigations are resolved through negotiations, without going to trial. An insurance company rarely seeks to offer you a sizable compensation, because it is in the company’s best interest to minimize any payouts they make. However, after the facts of the case are laid out, and the insurance company and the defendants face what the proofs at trial will be, there is often an adjustment to a more realistic damages figure, and the lengthy trial process is avoided. At the very least, you should talk to an experienced personal injury attorney in Marietta before accepting any offer from an insurance company, and discuss your legal options.

    Another misconception is that personal injury litigations do nothing other than provide compensation to an injured plaintiff. Although that is a primary goal of a personal injury litigation, there is another, equally important goal, that addresses the conduct or event that caused the injury. Without personal injury litigation, many protections that we take for granted might not exist.

    For example, medical malpractice cases have led to re-training of hospital and medical personnel, and in some cases, the revocation of the license to practice of those professionals lacking the required skill. Defective products, from drugs to automobile tires, have been identified and taken off the market, thus preventing further harm. Premises that have unsafe conditions have been repaired and maintained in a safe condition so that further falls are prevented. It is a lamentable fact of human nature that people are not quick to admit responsibility, and sometimes only litigation results in people doing the right thing.

      Must My New York Credit Cards Be Delinquent To File Bankruptcy? : by David Scott Hamilton
    Some clients have asked two related questions lately:
        Must I be delinquent with my debts, bills and credit cards to file for bankruptcy in NY?
        If I am delinquent with my bills can I still file for bankruptcy?
    The answer is categorically yes to both. It usually makes little difference either way to a Chapter 7 Bankruptcy case, and any arrears can be cured where necessary in a Chapter 13 case. (For example to repay mortgage arrears) Bankruptcy exists to give individuals and businesses a fresh start, so whether you are suffering with phone calls every month, or struggling to make all the minimum payments, bankruptcy may still be the most sensible option.
      How to Apply for SSDI or SSI Benefits : by Eric A. Shore
          A person can initiate the SSDI or SSI benefits application process to receive Social Security Disability (SSDI or SSD) and Supplemental Security Income (SSI) benefits in several ways. We recommend that each individual assess the way he or she is most comfortable receiving information to know how to proceed.
          Ask yourself a few questions before you get started:
            Do I have access to a computer with internet?
            Do I prefer to talk to a representative over the phone?
            Would I like to meet someone in person to discuss my claim?
            Have I gathered the necessary information to begin my claim: Valid social security number Medical & financial information
            Am I ready to begin the process or am I looking for more information?
          These questions can help you determine where you are in the process of applying for your disability benefits. Many people begin by doing some initial research online at a public library.

    Next, they may begin to gather their claim information, or seek outside help from an attorney trained to provide legal support during the claims process

      Questions to ask of the lawyer before you hire : by George B. Daniel
    The following list outlines basic questions you should ask a lawyer before hiring them:
        Are you experienced in this field?
          Not all lawyers practice all areas of law. The nuances of personal injury law are very different than, for example, those of tax law. Make sure your attorney has the experience to address your particular case.
        Have you handled similar cases?
            Even cases within a particular area of professional expertise are not always the same. Medical malpractice and automobile accidents both fall under the umbrella of personal injury law, for instance, but require unique skill sets.
        What are my case’s possible outcomes?
            Make sure you are prepared for any eventuality in your legal proceeding.
        Are there alternative ways to resolving my issue?
            Lawsuits are often not required to settle legal proceedings. Arbitration or mediation may resolve issues faster and in less stressful ways.
        How long will my case take to resolve?
            The attorney will likely only be able to give you an approximation in this regard, but it is important information that may inform your decision to commit to legal proceedings.
        What are the attorney’s rates and billing practices?
            Be sure to ask your potential attorney regarding fees and the regularity with which you would be billed those fees.
        Will other attorneys in your office be working on my case?
            This question is especially important if you feel you need a personal relationship with your attorney.
      My immigrant family member has been arrested, how do I get him out of jail? : by David C. Heier
    If you have an immigrant family member who has been arrested, you and your family could be facing much more difficult circumstances to get that person released from jail than if he or she was a United States Citizen. In the event that an immigration hold is placed upon the immigrant, he or she will need to get released from state custody and then from immigration custody.

    There are essentially two ways that a person can get out of state criminal custody. First, of course, is to let the criminal proceedings take place and run through their entirety. The proceedings could result in a dismissal of the charges, an resolution through a plea agreement, or even a full-blown trial. If there is a dismissal of charges, the immigrant will be released to federal immigration custody upon the order of dismissal by the judge. If the case ends in a conviction, the immigrant will generally be released to federal immigration custody only after the completion of the criminal sentence. Obviously, waiting for the criminal proceedings to run their natural course could take a very long time, and the immigrant will be detained the whole time.

    The second option is to post a criminal bond. In virtually all criminal proceedings, the criminal judge sets a criminal bond amount within 24 hours of the criminal arrest. The criminal bond can be paid at any time. However, it is extremely important to understand that payment of the criminal bond will not result in the immediate release of the immigrant from jail, if there is also an immigration hold on the immigrant.

    The effect of posting the criminal bond is to release the immigrant from state custody and allow the federal immigration authorities to take immediate custody of the immigrant, pursuant to the immigration hold. Immigration will then have 48 hours to interview your immigrant family member and conduct a custody determination review. A decision will be made to grant or deny an immigration bond to the immigrant. A bond is granted if the interviewing immigration officer believes that the immigrant is neither a danger to the community nor a flight risk. If the immigration officer does not grant a bond, the immigrant will generally be given an opportunity to request a review of the decision before the Immigration Judge.

    Getting an immigrant family member who has been arrested out of custody can be one of the most difficult challenges of the entire removal defense process. If the immigrant has to appear before the immigration judge to ask for a bond, the immigrant only has one opportunity to make his or her case, absent a chance in circumstances. Therefore, it is strongly advised that an immigrant who has been arrested and faces removal proceedings seek the advice of a competent attorney familiar with the complex issues attending deportation defense.

      Houston Chapter 11 Bankruptcy Overview : by Jack N. Fuerst
    Chapter 11 for business reorganization. Chapter 11 bankruptcies help corporations and partnerships reorganize to pay creditors over time while continuing business operations. This chapter of the U.S. Bankruptcy Code was established for businesses in dire financial straits but who believe they can remain viable if their debts can be lessened or paid over time.
    In some instances, smaller businesses and individuals might find Chapter 11 a viable option, although they should seek the advice of a qualified lawyer among Chapter 11 bankruptcy attorneys in Houston to determine whether this is their best course of action.
    How to file for Chapter 11 bankruptcy in Houston. The process begins with filing a petition in the U.S. District & Bankruptcy Courts for the Southern District of Texas in Houston. The petition can be filed by either the debtor or by the debtor’s creditors. In addition, the debtor also has to file—
        Schedules of assets and liabilities
        A schedule of current income and expenditures
        A schedule of contracts and unexpired leases
        A statement of financial affairs
    The bankruptcy court appoints a U.S. trustee—an individual or an institution such as a bank—who appoints one or more committees to represent creditors and any stockholders. Together, these committees work with the debtor company to reorganize for debt relief. They develop a plan for the bankruptcy court’s approval. The court authenticates the plan or can decide to reject it. Even if creditors vote to disallow the plan, the court can choose to ignore the vote.
    While filing Chapter 11 bankruptcy results in reorganization, it can also result in liquidation and the monies gained through the sale of the company’s assets reimburse the company’s creditors.
    Legal counsel for filing Chapter 11. Experienced Chapter 11 bankruptcy lawyers in Houston can guide commercial enterprises through the process and affirm that Chapter 11 is the right choice to suit their particular circumstances. These attorneys can also help clients gather their financial information for inclusion into the required schedules to be filed along with petitions for bankruptcy.
      The Importance of Taking Notes after a Motorcycle Accident : by Joseph L. Messa
    Any accident is a difficult situation, but motorcycle accidents can be especially traumatic. Even if you haven’t been seriously hurt there may be legal issues that will need to be resolved. The legal process happens in steps and evolves over an extended period of time. Memories fade. This is the reason for taking notes at the scene and afterward. You need to have a separate notebook and folder for your record keeping.
    At the scene of a motorcycle accident there are many details to observe. The things you notice can impact your accident claim. Committing these details to writing will be more accurate than attempting to remember weeks or months later. After the initial shock, you should be noting the details of your accident, a sketch if possible of the position of vehicles and accident victims, the names of accident victims and contact information, and anything you heard anyone say about the accident. Take pictures if you can (today most cell phones have a camera capability).
    After you have left the scene of the accident you should try to replay the events again in your mind:
        What was your speed and direction?
        What were the road conditions (any debris, potholes, water, or oil)?
        What were the weather conditions?
        What did you see or feel?
    All of this information should be captured in your notes. Your folder should contain:
        All medical reports
        All hospital bills
        All police reports
        All prints of pictures
        Vehicle repair estimates
        Any written communication from your insurance company
        Any written communication from the defendant's insurance company
    Even though you are trying to return to normal life you need to document the details of your injury from day to day and their effect on your daily life. Document all differences in your physical condition since the motorcycle accident such as sleeplessness, anxiety, physical discomfort or outright pain. Remember all injury is not immediately apparent and may develop over hours or even weeks later. This information is invaluable in processing your claim, as it will assist in determining pain and suffering and loss of mobility. Report all medical symptoms to your medical professionals. What may seem like nothing to you may be a key indicator to them about the extent of an injury.
    You also need to document any lost income or hours of work, and whatever you have spent on medical equipment for example braces, crutches, cane. When your insurance company or a jury is trying to determine the extent of your losses later they will take into account such factors as impact to work such as job opportunities, vacation time, and any impact on the role that you play in your family. These are the kinds of details that will escape you if not documented, and they may have a direct bearing on your settlement.
    It is very important to get legal counsel from experienced motorcycle accident injury lawyers so that you know all the details you should be capturing and what steps to follow to maximize your case.
      Pennsylvania Estate Planning Law : by James J. Ruggiero
    The laws of estate planning are complex, no matter what state you live in. The key is starting early, being ahead of the game and finding a qualified estate planning attorney. Why is this important? You’ll save a lot of money and aggravation. Plus, you’ll make it a lot easier on your family. How do you want your assets managed? How do you want your property divided when you are gone? Do you want all your money going to the government? No way.

    In Pennsylvania, if you pass away before having a will set up, your assets will be divided among your immediate family. If you have a spouse but no children or parents, your entire estate will go to your spouse. If you have a spouse and at least one child, the first $30,000 plus one-half of the balance of your estate will go to your spouse. The remainder will go to your children. If you have a spouse and parents but no children, the first $30,000 plus one-half of the balance of your estate goes to your spouse.

    In Pennsylvania, you can sign a durable power of attorney to appoint someone to handle your assets if you become incapacitated. At a minimum, a power of attorney should include the power to manage and transfer all assets, handle issues with the IRS, make gifts on your behalf and create and amend any trusts you set up.

    If any of the estate planning process is confusing to you and you want your will set up correctly, consult with our estate planning lawyers. You can rest assured that we will take care of all the issues, up front.

      Immigration Law : Claudia Grégoire
      Through the USCIS Fraud Fee, investigators are being sent to employers of H-1B holders. Investigators are looking to verify whether the companies are real operating business entities and whether the person being sponsored is a "legitimate" employee. Of particular interest are two types of fraud, "(1) a foreign worker who falsifies an application and claims to work for a company that he does not work for and/or (2) a company that is falsifying an application. He indicated that he wants to meet the H-1B worker and see some form of identification to prove that the employee is who he says he is." (Quoted from AILA InfoNet 7/31/09). Source AILA InfoNet.
      Negligent Employers Pay Compensation for Work Related Accident and Disease Claims : ErnestoB
    To pursue an accident compensation claim following an accident at work you must prove that your injuries were caused by the negligence of another party. This will usually be your employer, but might include workers from other companies. Employers have a duty to ensure the safety of all the people on their premises, whether they employ them or not, and if they fail to do so then personal injury compensation could be awarded for successful accident claims.

    Work accident claims are often made for injuries suffered because the work equipment provided by an employer was faulty, poorly maintained, defective or even dangerous.

    Other accident at work claims can also arise due to slipping incidents caused by spillages, slippery surfaces or wearing footwear that is unsuitable for the job, and also due to tripping over items lying on the floor that cause a hazard. The workplace can be a dangerous place and a large number of these accident compensation claims result from issues involving the state of the floor.

    Another major cause of accident at work claims is falling, when for example serious injuries are suffered as a consequence of falling from heights, or down uncovered holes, or when hit by falling objects.

    The lack of adequate protective equipment, such as safety footwear, gloves, hard hats, face masks and safety goggles can also result in injuries that lead to successful accident claims.

    But what about harm suffered when there has been no actual accident? It is not unusual for workers to develop an illness or disease after coming into contact with harmful substances during their employment. If this arises, the employer who negligently exposed the worker to such substances may have to pay injury compensation in a similar way to a successful work accident claim.

    Where a worker's job will bring them into contact with dangerous substances, their employer should investigate whether it is possible to replace the substances with something less harmful. If this cannot be done and contact with the substances is unavoidable, the employer should provide protective clothing and equipment, to minimise the risks.

    Most people are aware of the risks associated with exposure to asbestos, which is made up of millions of fibres, substantial quantities having been inhaled into the lungs. Asbestos related diseases can take up to 40 years to develop and there are various different diseases that may result, including asbestosis, mesothelioma and lung cancer. The main symptoms of these diseases include shortness of breath, chest pain, unexplained coughing and a feeling of tightness across the chest. As soon as any symptoms develop it is advisable to seek immediate medical advice, but unfortunately at present there is no cure.

    There are many other work related illnesses and diseases which can lead to accident claims. One of these is asthma, which can be caused by exposure to various types of dust, gasses and chemicals. It is also common for bakery workers to develop this condition following the inhalation of flour. The condition may develop weeks or months after the initial exposure, and causes breathing difficulties as a result of the narrowing of airways. Sufferers may need to take medication for the rest of their lives, but the condition is not usually fatal.

    Whatever the basis of the accident compensation claim, it is always easy to proceed with an accident at work claim by taking advice from experienced accident claims solicitors, who can usually offer a free, no win no fee service.

      The EB-5 Investor visa can be used in a variety ways : 4avisA
    EB-5 Investor visa
    There are many people around the world who travel to USA using different classes of US Visa such as EB-5 Investor visa, EB-5 visa, tourist visa, student visa, Permanent Resident visa, Family Visa, Green card lottery visa, Work Visa. There are many foreigners who come to US to settle their temporary (or) on permanent basis. Around thousands of people apply for different categories of US Visa. Any foreigner who want to enter the domestic territory of US need to avail US Visa under the following scenarios. The Visa card is one of the leading and oldest brands of credit card and debit card. Though it was formally launched in 1976, it was a derived from BankAmerica, which used to be issued by the Bank of America. The Visa International Service Association of California, which is an amalgamation of 20,000 financial institutions operate this brand.

    The EB-5 Investor visa can be used in a variety ways. It can be used by individuals wishing to operate their own business in the US or by individuals who would be happy to invest into a scheme operated by a third party provider. At Evans Wallace we are able to offer impartial advice on the use of the EB-5 visa. We have worked both with individual investors seeking an EB-5 visa as well as with investors choosing between the numerous (EB-5 Investor visas) EB-5 visa schemes operated by third parties. The EB-5 Investor visa for Immigrant Investors is a United States visa created by the Immigration Act of 1990. This visa provides a method of obtaining a green card for foreign nationals who invest money in the US. Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C.10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. Of the 10,000 investor visas (i.e., EB-5 Investor visa) available annually, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated “Regional Center.” 4avisa provides extensive consultations in which we review your immigration goals, and analyze your eligibility for various programs. We also investigate and discuss the legal consequences of any unlawful presence, prior deportations/ exclusions/ removals, and any criminal offenses you may have. Our goal is to provide you with the highest degree of personal service to make this process as seamless as possible!

      Negligent Employers Pay Compensation for Work Related Accident and Disease Claims : ErnestoB
    To pursue an accident compensation claim following an accident at work you must prove that your injuries were caused by the negligence of another party. This will usually be your employer, but might include workers from other companies. Employers have a duty to ensure the safety of all the people on their premises, whether they employ them or not, and if they fail to do so then personal injury compensation could be awarded for successful accident claims.

    Work accident claims are often made for injuries suffered because the work equipment provided by an employer was faulty, poorly maintained, defective or even dangerous.

    Other accident at work claims can also arise due to slipping incidents caused by spillages, slippery surfaces or wearing footwear that is unsuitable for the job, and also due to tripping over items lying on the floor that cause a hazard. The workplace can be a dangerous place and a large number of these accident compensation claims result from issues involving the state of the floor.

    Another major cause of accident at work claims is falling, when for example serious injuries are suffered as a consequence of falling from heights, or down uncovered holes, or when hit by falling objects.

    The lack of adequate protective equipment, such as safety footwear, gloves, hard hats, face masks and safety goggles can also result in injuries that lead to successful accident claims.

    But what about harm suffered when there has been no actual accident? It is not unusual for workers to develop an illness or disease after coming into contact with harmful substances during their employment. If this arises, the employer who negligently exposed the worker to such substances may have to pay injury compensation in a similar way to a successful work accident claim.

    Where a worker's job will bring them into contact with dangerous substances, their employer should investigate whether it is possible to replace the substances with something less harmful. If this cannot be done and contact with the substances is unavoidable, the employer should provide protective clothing and equipment, to minimise the risks.

    Most people are aware of the risks associated with exposure to asbestos, which is made up of millions of fibres, substantial quantities having been inhaled into the lungs. Asbestos related diseases can take up to 40 years to develop and there are various different diseases that may result, including asbestosis, mesothelioma and lung cancer. The main symptoms of these diseases include shortness of breath, chest pain, unexplained coughing and a feeling of tightness across the chest. As soon as any symptoms develop it is advisable to seek immediate medical advice, but unfortunately at present there is no cure.

    There are many other work related illnesses and diseases which can lead to accident claims. One of these is asthma, which can be caused by exposure to various types of dust, gasses and chemicals. It is also common for bakery workers to develop this condition following the inhalation of flour. The condition may develop weeks or months after the initial exposure, and causes breathing difficulties as a result of the narrowing of airways. Sufferers may need to take medication for the rest of their lives, but the condition is not usually fatal.

    Whatever the basis of the accident compensation claim, it is always easy to proceed with an accident at work claim by taking advice from experienced accident claims solicitors, who can usually offer a free, no win no fee service.

      Stuck With a Lemon of a Car? Make Lemonade! : Jennifer King
    I'm writing today's blog on my old computer, because my new laptop is being repaired--for the second time--in four months. It's frustrating, to be sure. We've all heard of lemon laws, but, unfortunately for me, those laws apply only to automobiles that repeatedly malfunction.

    If you are unlucky enough to end up with a lemon of an automobile, it pays to know your rights under the law.

    First things first, most automobile lemon laws only apply to vehicles purchased by individuals for personal use. So a company car, for example, wouldn't be covered under most laws. Some state laws cover RVs, motor homes and motorcycles, but others don't. All state lemon laws apply to new cars, and some have laws that apply to used cars.

    Rules vary from state to state, but most states consider a car a lemon only if the car has required repeated repairs for the same problem, or if the car has spent a certain number of days in the repair shop.

    For example, Pennsylvania's lemon law applies to new cars during the first year following delivery or 12,000 miles, whichever is less. Pennsylvania law says a vehicle is a lemon if it has been in for repairs for a total of 30 days during that period, or if a specific problem cannot be fixed after three repair attempts.

    If your car qualifies as a lemon, your state's laws may spell out specific procedures to be followed to make a claim. For example, New Jersey's lemon law says you must give the manufacturer one final opportunity to correct the vehicle's defect and you must make that request via certified letter sent to the manufacturer.

    If it's ultimately determined that your car is a lemon, you will be allowed to return the car for a refund or get a replacement car.

    When you buy a new car, keep track of its repair record and save copies of all repair receipts. You may need to provide this documentation when making a claim under your state's lemon laws.

    (Oh, and one tip in case you're stuck with a defective computer: Experience has taught me that if your computer goes in for repairs for a third time, many manufacturers will replace it, rather than trying to repair it again.)

      What you need to do after an accident? : Joseph A. Lombardi
    After any accident, it's very important you seek medical treatment for your injuries. When you are injured in an accident in New Jersey, it's very important to obtain driver information such as name, license number, tag number, insurance company and policy number. If you are able to, take photographs of your injuries, the damage to your vehicle and the scene of the accident.

    Always get a copy of the police report, and try to gather witness information such as name, phone numbers, and address. After an accident, log all medical treatment documents and injuries such as visits, prescriptions, x-rays, receipts. If you have missed work or school, document the dates missed, and reasons why. Continue to take photographs of your injuries with each photo dated. Contact witnesses for written statements, before to much time passes from their memories. Also, keep a daily log of your discomfort, fatigue, and feelings since the accident, and continue to document car repair expenses as well as out-of –pocket expenses.

      How to Notify Your Employer of a Work-Related Injury or Illness : Joseph Lurie
    It has been our experience that workers should give notice of work-related injury, illness or disease to their employer as soon as possible, even if they have not missed work. If you have been injured, you must tell your employer both you were hurt or injured and the injury was caused by your job. If you cannot give notice, someone else can give the notice for you by telling your foreman, the dispensary, or someone in Personnel. It is not necessary the notice be in writing, but it is necessary you tell your employer of your injury as soon as possible.

    Do not be a hero. No one is going to think any more of you if you grin and bear it and fail to tell your employer you were hurt at work. Often a worker will be injured at work, will complete the shift, and think the spasm or pain will pass. Some workers leave the job in pain because they do not want to bother going to the dispensary, or because they think the injury is not serious. Such a worker may not be able to get out of bed the next day. If this happens to you, it is not too late to give notice. However, your employer will be less likely to pay your claim without a fight, because you did not give notice immediately after your injury. Remember: If you call the job and report you are disabled from a work-related injury, you must tell the employer that you hurt yourself at work. It is not enough to say you are ill and cannot come to work. Your claim will be denied if you do not report you are disabled because of an injury at work.

    The law states you must notify your employer of your injury and report the injury was work-related within 120 days of the date you were injured, or within 120 days of the date you discovered you had a work-related disease or illness. Otherwise, you will lose your right to receive Workers’ Compensation benefits. The law also says if you give notice within 21 days of the date of your injury, Workers’ Compensation benefits are payable from the first day of your disability. If you give notice between the 21st day and the120th day following your injury, compensation is payable from the date you gave notice. While the law does give you a period of time in which to give notice, you should give notice as soon as you are injured or are told that your illness or disease is work-related. The reason for this is “credibility.” If you give notice as soon as possible, your employer is more likely to believe that you have a valid claim. The longer you wait, the more doubt your employer will have as to the validity of your claim and the greater the chance of its being denied.

      Federal Disability Retirement : Summer Waiting : Robert R. McGill
    I have written previously about the long and arduous waiting process & period in trying to obtain Federal Disability Retirement benefits from the Office of Personnel Management. Remember that, in your calculation in attempting to survive financially, economically, emotionally, medically, physically, mentally -- and in all other ways, keep in mind that the summer months from July to August often represent a "dead zone" when many Federal employees take time off for vacation, time for family, and time for relaxation. While it is understandable that this makes the Federal disability retirement applicant nervous and anxious to be placed "on hold" when such an important decision may be held in abeyance, it is simply a reality which must be taken into account. Don't get frustrated; be patient. The summer months will come and go, and the important point is to keep looking forward to the future.
      1st Cir. Reverses Career Offender Designation/ Sentence : Claudia Grégoire
    In an opinion issued July 8, 2009 captioned U.S. v. Bryant, the First Circuit Court of Appeals reversed a district court "career offender" determination because the lower court had relied on the pre-sentence report without verifying through reliable sources and documents (such as plea colloquy, certified copy of conviction) the veracity and exact nature of out-of-state conviction. Sentencing decision reversed.
      Parental Alienation & Interference With Custody/Visitation : Bryan L. Salamone
    Parental Alienation & Interference With Custody/Visitation

    Long Island Divorce Attorneys - Bryan L. Salamone & Associates, P.C.

    In a custody case it has become more and more common for the non-custodial parent to claim that the parent who has custody of the children is alienating him or her through actions, deeds, misdeeds and/or words. For example, during a divorce if one side has always been the primary caregiver (for example the mother) and that person seeks to alienate the children from the other (in this case the father) there are dire consequences.

    In three recent cases we have been successful in proving alienation and interference in custody and visitation. In all three cases the mother had custody and the father was seeking custody. In all three cases the mother was charged with interference with the relationship between the children and the father and for saying and doing things that negatively impacted the childrens’ view of their father.

    In these cases we were successful. In these cases it was held that when a parent attempts to alienate a child’s affection from the other parent, the Court must consider it as an important factor in custody determinations. In fact, when the custodial parent interferes with the non-custodial parent’s relationship with the children it is an act that is so inconsistent with the best interest of the children that it leads Courts to believe that the offending party is unfit to act as the custodial parent. Clearly, if the parent who has custody (in these cases the mother) interferes with the relationship between the children and the father; disparages the father; and otherwise injured the fathers reputation in the eyes of the children, that would make the mother, more likely to be unfit for custody. Furthermore, if the parent who has custody is not actually injuring the relationship between the child and the father and is not actually alienating the child from the father but is simply assisting in the relationship that is also to be taken into consideration. For example, a parent’s ability to foster the meaningful contact with the children and the other parent is an important factor for custody. When one party demonstrates a mature appreciation for the need for appropriate parental access between the children and the other party that party is appropriate. If a party is unable to demonstrate the mature appreciation of the need for contact between the children and the other party, then that party is inappropriate.

    Parents should not act like children and they should understand that it is a child’s birth right to have free and unhampered access to both parents in most circumstances. It is only through demonstrating a sincere mature appreciation of this can a person become a good parent thus being appropriate to act as the custodial parent.

    If you are suffering alienation from your children we can help. Don’t let your children be taken from you by the words or actions of the other parent. You have the right to a free and unhampered relationship with your children and this relationship should be fostered not hindered by the other parent. We handle hundreds of custody cases each year for clients who receive the very best results.

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