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 Third, the remaining owners do not want to be in business with a withdrawn, and now inactive, "partner" nor with a deceased owner's spouse or children.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.

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.

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.

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.

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.

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

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.

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.

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.

Automobiles
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.

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.

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.

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.

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 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

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

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.

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.

Termination

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.

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.

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.

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

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. 

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

THE IMMIGRATION COURT OVERLOAD
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.

THE ROLE OF YOUR IMMIGRATION ATTORNEY
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.

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.

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.

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.

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.

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.

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.

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.

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. 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!

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.

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.)

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.

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.

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.