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What Is the Purpose of Business Law?
Main Purpose
- Business laws create consistent, predictable standards. While laws that govern businesses vary by state, they all have certain requirements that reduce risk and uncertainty between parties that enter into formal agreements.
- Many business relationships form over contracts. In order to encourage the formation of business relationships, laws must provide enforcement that allows contractual relationships to stay intact.
- Predictable business laws allow people in business to enter into multiple transactions with the assurance that each transaction receives a certain level of protection. For example, a commercial leasing business may sign multiple leases in a single day. They can do this because of the predictable ways in which states govern lease transactions.
- Uniformity saves time in business law. When business owners rely on the same laws to conduct business, they need to know that state agencies and courts apply the laws in a uniform fashion. Judges frequently consider the potential for uniformity when they interpret any area of business law.
Uniform Commercial Code
- The U.S. Small Business Administration defines the uniform commercial code (UCC) as "a comprehensive set of laws governing commercial transactions between U.S. states and territories." Not all states have adopted the entire UCC, but they have all adopted a version of the code.
What Is Business Law & Ethics?
Business Law
- Business law, or commercial law, is the body of law that relates to trade and commerce, banking and investments, contracts, marketing and advertising, incorporation and corporate structure, and finance and collections. Business law in the United States is delineated by the Uniform Commercial Code (UCC), which sets the standards and rules for commercial activity. Every state has adopted at least part of the UCC. State and federal governments supplement the UCC with other regulations that reflect the individual situations that affect their territories.
- Business law determines the minimum standards of behavior expected of companies and sole proprietorships. Enforcement of these laws on a corporate scale generally consists of fines charged to the corporation. Individual accountability for corporate crime has to be proven to have taken place by the responsible party. For example, a company may have sold a product it knew was defective, choosing to sell it anyway. Unless you can prove in a court of law through evidence that the president of the company in particular knew about the defect and ordered the product to be sold, you can sue the company, but you cannot press criminal charges against the corporation. Since a corporation cannot do jail time, all there is left to use to penalize the corporation are fines or court judgments.
Business Ethics
- Business ethics go beyond simple legality. They describe the way a business should behave–how a business does what it is legally obligated to do. Ethics are not as much a specific code of conduct as they are values to be upheld and practiced. They are the spirit of the law, as opposed to the letter of the law. This is designed to create an environment of personal accountability within the business, where there is none under the law.
- Business ethics also shape the perspective that the public uses to view a business. Values like honesty, integrity, confidentiality, respect–those are values that are a part of business ethics. While the law may not require you to tell the complete truth in a business situation, such as when a manufacturer uses "puffery" to describe an object, being honest about the product will gain a business a reputation for being ethical. People want to do work with or make purchases from businesses they believe to be ethical.
Legalizing Ethics
- Due to some of the Wall Street scandals of the early 2000's, laws like Sarbanes-Oxley Act of 2002 were put in place to bring some ethical accountability for corporate financial behavior. This has made legislators more comfortable with the idea of telling businesses how they should act, instead of merely telling them how they can't act. The field of business ethics has blossomed due to the creation of consulting firms that help businesses to develop ethical policies and to monitor compliance with regulatory standards. Business law has begun to merge with business ethics.
How to Become a Canon Lawyer
- Obtain an advanced degree in theology. A master's, at minimum, is required for the only canon law program in the United States, at The Catholic University of America in Washington, D.C. If you do not have the proper background, you will be required to take its two-year, First Cycle program.
- Develop a thorough understanding of Latin. Many church documents are written in Latin so a proper understanding of the language is needed. Latin is part of the First Cycle at The Catholic University of America.
- Apply to the canon law program at The Catholic University of America or at St. Paul's University in Ottawa, Ontario, Canada. They are the only two schools for canon law in North America. You could also attend a school in another country, or in Rome.
- Take the two-year J.C.L. licentiate program or three-year J.C.D. doctoral program. The J.C.L. lets you practice law in the court system and teach canon law at seminary. The J.C.D. allows you to practice law and teach in canon law programs.
- Take and pass the required written/oral exam at the end of the J.C.L. program. There is no bar exam and membership to a state or national bar association, or separate law degree, is not required.
How to Use an Irrevocable Common Law Trust
How to Make an Irrevocable Trust
- Create a list detailing all of your assets.
- Make a list of all the individuals, known as beneficiaries, that you would like to receive your property or financial support through the trust. Keep in mind, however, that irrevocable trusts cannot be amended or changed in most instances. Also make sure to think of individuals who you wish to exclude from staking a claim in your estate.
- Identify who you want to act as trustee.
- Fill out an irrevocable trust form or solicit the help of an attorney in creating an irrevocable trust. Irrevocable trust forms can be purchased from online venues such as legalzoom.com. Seek the assistance of an attorney or trust preparer if necessary.
- Engage in additional steps that may be needed to fund your trust, such as transferring property ownership or bank accounts to the trustee.
- Visit a notary to have all documents notarized and witnessed.
What Is International Business Law?
- Once the United States won the second World War, it sought to standardize business practices worldwide, especially in war-torn Europe. Legal standards were put in place by the American-dominated trading system that sought to create a global regime of free trade using the U.S. dollar as the base currency. Only a major international power such as the postwar U.S. could have made this trade regime work.
- International business law is a matter of self-interest. To have a single legal framework that governs international transactions saves money by simplifying the costs of compliance. If a firm had to modify its functioning based on each state's legal structure, the costs of doing business overseas would be very high. Having an international framework saves time and money.
- International business law has several sources for basic legislation. Primarily, major financial institutions that back groups such as the International Monetary Fund and the World Bank are major legislators of basic business practices. In addition, regional organizations such as the European Union, the Arab League, and the Association of East Asian Nations are also sources of international law and practice in business. Powerful states such as the U.S., oil producing states and China also have a important role to play in shaping international business legislation. Ultimately, law in this case often becomes compromises among these power centers.
- The basic features of global business law concern protections for intellectual property, contract enforcement, environmental protection and labor standards. The goal here is to create uniform standards as much as possible. The European Union, for example, has standards on all of these areas that seek to create a uniform European code. This is to facilitate movements of goods and labor across national borders to cut the costs of doing business.
- International business law, at its root, is about transcending the nation state as the only source of legal authority. While it is true that businesses must obey local laws, international law has made this adaption much easier. A state that does not implement basic international standards in areas such as eliminating tariffs or making banking practices transparent risks being left out of potentially lucrative global investment. The adoption of international legal standards of business tells the world that this government and this economy is ready to become part of the global community and receive the financial rewards for so doing.
What Will Be The Fallout When Medically Assisted Dying Becomes Legal In Canada?
Like New Year's Eve of 1999, there are many lawyers who believe that Sunday evening when the clock strikes midnight and assisted suicide becomes legal in Canada, life as we know it will change irreparably. Why such turmoil over the change in law? Canadian lawyers who oppose such a sweeping overhaul to the legality of assisted suicide worry about the lack of forethought and safeguards in place when the law goes "live".
E.F. has become the poster child for the potential dangers of the new law, but who exactly is E.F. and why is her case being held in such foreboding esteem? E.F. is a 58-year-old Alberta woman who just last week obtained approval from the judicial to end her life medically due to the severe suffering that she was experiencing. Judy Wilson-Raybould uses her specific situation as the reason that medically assisted suicide should be watched over with care, but there are other lawyers such as Trista Carey, who don't agree.
The story is being retold by Wilson-Raybould that the woman in question was suffering from a mental illness and that she had pleaded her case and been granted the right to die from a psychiatrist all over a Skype conversation. It is this tale that Wilson-Raybould has been carrying around the parliamentary walls to block the passage of Bill C-14. Insisting that E.F. is not an extreme case of what will happen when the Bill becomes active but the norm, she is worried that medical doctors will refuse care to those they deem too far gone or without help from their suffering.
Seemingly falling on deaf ears, the ruling is not on the docket for discussion; it will become law on Monday. Carey insists that there is ample evidence that E.F., who is called such to protect her identity, should never have been granted the right to die. Her condition was not determined to be severe enough to use Bill-C14.
The woman at the heart of the debate had suffered for more than nine years from a severe conversion disorder according to her friends and family. It caused involuntary muscle spasms, migraines, constant pain, blindness and at the end point she was not capable of being ambulatory. There were three doctors who looked over her case and agreed that her suffering warranted granting her the mercy to end her life according to Bill C-14.
The problem?
According to an Irvine personal injury lawyer, there was no evidence that the woman was anywhere near the end of her life. To qualify for the right to medically assisted suicide, the bill holds that you must have a near death illness, her psychological disorder in no way met the criteria that the bill is proposed to address. Last year, the legality of the bill and the specifics surrounding it were challenged due to the clause of being near to death. Because of proponents to that sticking point, the court put the Bill on "hold" for a year while waiting for more stringent and differential definitions of who is eligible and who is not.
Proponents insisted that just because someone does not have a disease that is near death, that should not take away their right to want to end their life. If anything, if the suffering is known or suspected to last an indefinite amount of time, isn't it even more humane to allow them the decision whether to carry on or not? Lobbyist wanted to change the wording to any consenting adult who was in an advanced stage of an irreversible decline regardless of how long their life was expected to last and without the need for foreseeable death.
Carey is among many who worry that if the bill goes through full throttle, it could open the floodgates for millions of mentally ill patients who may not have the wherewithal to make the decision about whether they want to continue. What if there are life-saving advances that come along to help the suffering, but the person has not given it enough time to make it to the marketplace? The potential haphazard, she believes are endless.
With one latch ditch effort, arguments both for and against will be heard. There are speculations that it will be held off once again due to many concerns and the lack of legal definitions in place. Either way, the right to die should be given to anyone who is suffering needlessly, that is not debatable.
How To Deal With Highly Complicated Legal Issues
When it comes to law, we all have to respect it. That is common sense. The problem is that we can end up faced with various complicated difficulties that we cannot actually understand. This is because law is not that easy to comprehend. There is a clear reason why we have lawyers and why there are so many moments in life in which we have to hire one. Sometimes we are affected by really complicated legal issues. How can you handle such a situation? Follow these steps:
Get The Official Documents Related To Your Legal Problems
Since we are talking about legal problems, it is important to get all the documentation done. This practically means that you have to gather all the paperwork, especially what the police is going to offer. That documentation is necessary so that you can understand exactly what type of lawyer you are going to have to contact.
Making A List Of Lawyers To Contact
Complicated legal issues should never be handled alone. You need to be sure that you talk with an attorney and that you hire one that is very good. This is where the problem steps in. How can you find the very best attorney? Unfortunately, you can only do this when you are a little patient.
Use the internet in order to find the very best attorneys in your region. Only focus on those that are specialized with the exact type of law that you need aid with. For instance, if you are accused of DUI driving, find those attorneys in the region that are specialized in DUI law.
Research Information About The Experience Of The Lawyers
The idea with the online research is to be sure that you are going to find just those attorneys that are highly experienced and that have the highest possible knowledge for the money that you have available. You can do this by reading as many reviews as possible about the lawyers. Focus just on what is written about the work done by past clients. This is the type of data that is important since it will be completely honest.
Arrange Interviews
Based on your research, you will learn about some interesting attorneys that should be contacted. Arrange interviews with the top 3 options that seem to be the most attractive for you. Focus on those that offer free consultations. You can ask all the questions you might have and you can see how the lawyers answer. It is impossible to deal with the highly complicated legal issues if you do not trust the attorney. Because of this, be sure that you take your time and that you ask everything you need to know. Some articles with questions to ask your attorneys can be found online.
Hiring The Attorney
The last thing to mention is that you have to always read the contract that is offered before you sign it. If there is something that you do not understand, ask about it since the attorney has to answer correctly. Reading the contract helps you to avoid the unwanted situations in which the lawyers are not actually going to have your best interests in mind and those that just care about money.
How Can A Good Birth Injury Lawyer Help You?
Unfortunately, there are situations when parents need to consider hiring a specialized injury lawyer right after their baby is born. Despite the fact that modern medicine includes sophisticated equipment and the fact that healthcare professionals are licensed and tested, the truth is that there are cases when newborn babies are injured, hurt or disabled for a long time (or even for life) due to a direct or indirect mistake made by one of few medical professionals involved in the process of childbirth. So, in case you believe that your baby was injured before, during or right after their birth, you should consult an attorney specialized in this field and learn whether you have a legal right to ask for compensation. More and more parents are getting aware of their rights in cases like this. For instance, birth injury lawyers located in Philadelphia were able to recover millions of dollars to their clients. Now let's provide more details about these cases.
Every medical expert can confirm that there are many different things that can affect the development of a baby and cause injuries and harm. For instance, in case a doctor doesn't provide adequate prenatal care the baby can feel the negative effects. There are doctors who give wrong advice to expecting mothers and their irresponsible tips and advice can hurt the unborn baby. In some cases, they prescribe inadequate medications to pregnant women or telling them their problems will pass on their own while in reality the situation is complicated. In case parents suspect that they didn't get adequate care and attention before childbirth and their baby has experienced the negative consequences as a result of this negligence, they should consult a good birth injury layer.
This area of law is covering the issues that can happen during the act of giving birth. There were cases in which doctors performing the delivery were not fully focused or they didn't have enough knowledge or experience to get involved in something like this. For instance, in case the newborn can't pass the vagina and is left stuck, an experienced doctor will quickly make a decision for a C-section. But, those who are not properly trained or those who are negligent may oversee the symptoms and signs and as a result of that cause injuries and harm to the baby. In most cases, babies lack oxygen supply and experience brain issues. A good birth injury lawyer will find sufficient evidence that the doctor made a mistake.
Finally, baby injuries and harm can happen right after birth. Prescribing improper medicine (or improper dose), puncture with a medical tool, dropping – these are some of the mistakes made by medical personnel. For someone that doesn't have experience these injuries may look hidden or minor and they won't be able to determine whose fault is it. But, if you use the help of an experienced birth injury lawyer you will get access to the records and you will also get an opinion of an independent expert.
Good birth injury lawyers are experienced, skilled and trained to work in cases where babies are injured before, during and after birth. They also have good negotiation skills. This means that most of the cases are resolved out of the courtroom which will save you valuable time.
Hiring a trusted personal injury lawyer is the best way to get justice
If you have been injured in an accident because of the negligence or recklessness of another, then you have the right to claim compensation. A Toronto lawyer is the one to call if you have been injured and believe you have the right to remuneration. A trusted personal injury lawyer will fight for your rights and ensure that you get every penny you deserve. Defending your claim to a just suitable settlement for the injuries you've received is what such lawyers do. A tough, disciplined personal injury attorney can provide you the kind of representation you need to get the justice you deserve.
The injuries sustained in an accident can mean months out of work and a long period of recuperation. However, you don't have to simply accept such a situation without a fight. A personal injury lawyer can help you claim compensation for the accident you were involved in. Don't be a victim of someone else's recklessness. By contacting and hiring a personal injury attorney you send a message to those who have wronged you that you are ready to fight for the compensation you are owed.
Indeed, working with an injury attorney can give you the comfort of knowing that you have an experienced litigator on your side. Such attorneys can help you resolve the situation you are in. It is important to understand that the aim of litigators to guide their clients through the judicial process; and they help them devise winning legal strategies in order to achieve an outcome that's favorable to them. If you have been injured and it wasn't your fault, then a personal injury attorney can listen to you and advise you on how best to proceed.
Hiring a trusted personal injury lawyer will be of great benefit to you while you are fighting for justice. To be sure, not all lawsuits must necessarily go to trial. Depending on the nature of the lawsuit, you may find that the best course of action is to negotiate a settlement. However, even in this case you need a legal mind at work to advise you on the best moves to make. This can be especially important when trying to maneuver in ways which put the law on your side instead of the side of your opponent.
It has never been easier to find an injury attorney who is willing and able to help you. The place to begin is the worldwide web. The web will allow you to make direct contact with a lawyer who will listen to your concerns and help you put together a sound plan for the redress of your legitimate grievances. An injury lawyer can be found on the web, and the services he or she offers can be evaluated for its relevance, value, and efficacy regarding the particulars of your case. In difficult times, such a lawyer can be just what you need to get the solutions you need—justice and compensation from those who have caused you pain, suffering, and time out of work.
A trusted personal injury lawyer can provide you with the help and assistance you need to get compensation. View our website to get more information.
How to Be Better at Legal Writing
There are two telltale signs of a good lawyer: interpersonal skills and writing skills. Especially for new lawyers, your writing skills will define who you are and what you can be in your law firm. However, being a good writer is not enough, as legal writing requires different sets of skills. Working for a hard-to-please partner can only add to the pressure. With the following tips, however, you will surely improve your legal writing.
Make Clarity the End Goal Always
One thing that legal writing has in common with ordinary writing is the importance of clarity. You want to convey your message in the clearest possible there is. This is harder in legal writing as lawyers tend to stick to legal abstractions. You have read it in your law books and even in Supreme Court decisions, so they must be correct. However, overusing legalese can make your work messy and confusing. Learn to differentiate a legal jargon from an unnecessary abstraction. The latter can be rephrased or substituted with concrete and plain terms. In addition, use the active voice to help clarify the message and allow the reader to visualize your narration.
Maintain the Appropriate Professional Tone
Avoiding legalese is not a permission to get rid of the formality altogether. Legal writing requires a professional tone. Informal practices tolerated in normal communications are unacceptable. Follow the rules on correct capitalization and punctuation at all times. Moreover, find out the citation form prescribed or used in your jurisdiction. Proper citation is an indication of a trained legal writer.
Exhaust All Research Sources
While computer research is easier, do not overlook what you can find from book research. Digests, treatises, and indexes are great resources that will give you a better grasp of the subject matter. Extensive research often leads to a logical legal writing.
Consult Similar Legal Materials
You have read numerous cases and judicial opinions when you were still in law school. When you write, you have to forget about the style used in those judicial opinions. The outputs expected from you as a lawyer are entirely different documents in that they are for a different purpose. Read a few examples of well-written legal materials such as briefs and memos. Reading other people's work will give you an idea as to the structure and style. You can use them as your guide as you master legal writing.
Proofread Your Work
In editing your work, you must learn to be critical of your own legal writing. Keep on editing until it is clear and cohesive. Aside from the ordinary writing issues, you also need to look at the structure and logic you have applied. Most importantly, allow yourself to commit mistakes. Legal writing demands new things and temporary unlearning other skills, so avoid getting frustrated and embrace the process of learning it instead. Enjoy writing!
Written by Kellie Bertels, an attorney at Bandre, Hunt and Snider in Jefferson City, MO. Bandre, Hunt and Snider are the best attorneys Jefferson City MO have to offer.
Let a Toronto personal injury lawyer show you how to get compensation
No one has complete control over the incidents that occur in their life. However, if you have been injured and you are convinced that it is owing to the reckless or negligence of another, then you ought to seek the advice of an injury lawyer. A personal injury lawyer can provide you with the counsel you need to get the compensation you deserve. During a trying time a personal injury lawyer can deliver results that will help you in concrete and practical ways. If you have suffered an injury, the most important thing is to get back your health. However, you should not allow those responsible for your injury to get away without paying for it.
Personal injury lawyers play a vital role in protecting the rights of ordinary people. Regardless of the status and position of the person or organization responsible for your injury, they fall under the jurisdiction of the law; and you have the right to sue for civil damages if you believe that your injury was avoidable. A personal injury lawyer in Toronto can help you get the justice you deserve.
Personal injury lawyers, like all lawyers, are specially trained for their profession. They are also specialized in their field of law, and so they can give you proper counsel as to the right moves to make in law suit. When you have been injured, this kind of guidance and support is just what you need. It can be difficult to figure out exactly how to respond to such an accident; however, a lawyer can give you all the information needed, so that you can make the best, most informed decision, possible.
All that said, it is vital that you find the right personal injury lawyer in Toronto to represent you. It is essential that the lawyer you choose to work with have the experience and competence to get the job done. You ought to expect your lawyer to answer all of your questions in a timely manner, and to provide friendly and helpful advice in a courteous way. Cost is also important. You should work with a lawyer whose fees are reasonable enough to ensure that you receive the bulk of the compensation awarded to you. Lawyers and lawyer firms that meet such criteria carry the mark of excellence. They ought to be the ones you consider first when you are looking for someone to represent you.
Fortunately, you can find such lawyers easily by going to the worldwide web. The web will allow you to scan the web and review the qualifications, experience, and services provided by personal injury lawyers. The web also enables you to find out quickly about the reputation and customer satisfaction record of the lawyer you think you may want to work with. This can give you valuable insight into the person; it can also help you make the final decision about which lawyer you should work with. Get the justice you deserve. Contact a personal injury lawyer today to find out your options.
The accident wasn't your fault. If you have sustained very bad injuries because of it, then find out how an injury lawyer can help you get the compensation you have coming.
Figuring Out Services
Going In Depth With Car Accident Law Auto accident lawyers are incredibly valuable. The truth is that car accidents are more common than ever before. An accident can do an absolutely unbelievable amount of damage. If you've been involved in an accident, you need to file a lawsuit. The modern legal system allows people to go to court for the injuries that they have sustained. Before you can do that, though, you will need a car accident lawyer on your side. Now that you have a good lawyer on your side, you will be ready to begin your lawsuit. After the relevant paperwork has been taken care of, you should be ready to negotiate. It is within the realm of possibility that your first offer will be accepted. More realistically, however, they will come back with their own offer. Agreeing to terms usually requires several rounds of negotiation. Keep in mind that the deal is not final until all parties sign the contract. Since you are the plaintiff, you should also sign a waiver. This will stop you from filing claims after it is signed. If any of this is unclear to you, talk to your auto accident attorney. Remember to get at least two estimates for the damages to your truck. Be aware that your initial offer should be representative of your medical bills. Review your town's laws on fault prior to sending your letter. Be aware that the rules can't help you unless you are well informed. If you have any questions about the viability of your personal injury lawsuit, talk to your auto accident specialist at your earliest convenience.
6 Facts About Businesses Everyone Thinks Are True
Finding competent legal guidance is the first step to ameliorating your legal issues. In today's world, the legal universe is always expanding. Because of this, most attorneys specialize in a single field. If you do business with an expert with knowledge of your specific problem, you will dramatically improve your chances of being successful. It's worth pointing out that personality is even more crucial than background. There are multiple things to be aware of before you hire a legal professional. Remember that your lawyer will have a great deal of influence over the trajectory of your personal injury lawsuit.
What Has Changed Recently With Attorneys?
Never forget that choosing a good lawyer requires evaluating the details of your claim. If you have been arrested, it's important to find a lawyer specializing in criminal defense. Property disputes, on the other hand, require a civil lawyer. If you are dealing with property forfeiture, choose an attorney with an understanding of both civil and criminal law. A good car accident specialist can give you the information that you will need to earn compensation for your injuries.
Getting To The Point – Attorneys
Benefits of Engaging Accident Attorneys in Medical Malpractice Cases Medical malpractice cases include medical negligence or the failure of a healthcare provider to give the required care to a patient, thus causing injuries. People who get injured in medical malpractice accidents may be entitled to compensation. When a person suffers injuries during a medical procedure; it is wise that they contact an accident attorney who is well-versed with medical malpractice cases. The following are reasons you should hire an accident attorney for your case involving medical malpractice. Countless deaths and injuries resulting from medical malpractice occur in different parts of the country every year. These cases can be prevented, and so when a healthcare provider fails to perform his or her duties to the required standards, you need to take legal actions. People who suffer injuries in these accidents have certain legal rights that need to be protected. Accident attorneys who specialize in medical malpractice are important legal professionals in the society. These attorneys play a fundamental role in fighting for the rights of those who have been injured. The accident attorney you hire will assist you in determining if your case is viable, prepare all the necessary legal documents, act as your advocate, and offer appropriate legal guidance through the entire process.
The Beginners Guide To Professionals (What You Need To Know To Get Started)
Medical malpractice lawsuits can arise from misdiagnosis, anesthesia errors, problems in drug prescription, childbirth injuries, and surgical errors among other situations. Victims can pursue compensatory and punitive damages. Compensatory damages seek to compensate victims for the financial losses they may have incurred as a result of the accident. This may include recompense to cover pain and suffering, loss of wages, and medical bills and other related costs. Punitive damages are intended to deter the healthcare provider in question and others from engaging in similar conduct in future. Punitive damages are not easy to recover without the assistance of a knowledgeable lawyer, as one is required to prove obvious negligence and lack of care for the victim. Having a skilled attorney representing you will help maximize the compensation you receive from the party responsible.
A Quick Overlook of Services – Your Cheatsheet
Accident attorneys specializing in medical malpractice have the required resources to enable them to do proper investigation in your particular situation, gather the required information and evidence, develop a strong case, and seek the compensation you are entitled to, for your injuries. A good medical malpractice lawyer can prepare a case in a manner that is accurate enough so that he or she get the best outcome. These attorneys are well-versed with the medical law, and will work with the medical systems to ensure the case has a strong backing. Most medical malpractice lawyers work on a contingency meaning you only pay them if they obtain a favorable settlement or outcome. Make sure you find an attorney with reasonable charges. Medical malpractice suits involve complex laws and procedures and thus, it is in your best interest to find an attorney who experienced, and familiar with the malpractice laws in your state.
Do Your Business Need A Consultant Or A Lobbyist?
In The Current Scenario, The Need For Interaction Between Government And Business Has Become More Important And More Complex Than Ever Before. It Is Not Only The Politics That Is Influenced By The Government, But The Rules And Policies Of Business In The Country Are Also Determined By The Government. Hence Representing Your Business Needs In Front Of The Government Is Absolutely Necessary In Order To Ensure The Government Policies Are Able To Create A Friendly Environment For Your Business. When It Comes To Managing this Type Of Needs Of Your Company, The Two Professionals Who Can Serve The Job Are The Lobbyists And The Consultants. This Article Will Discuss On Both The Professions And Help You Draw A Conclusion About Which Service You Actually Need.
The Difference
Often, Lobbyists And Consultants Were Regarded Interchangeably In The Past, But In The Present Circumstances With The Growing Complexity In The Field It Has Become Really Important To Distinguish These Two Professionals Separately. There Are Vital Differences In The Way These Two Professionals Approach A Problem And Looks For A Solution And Hence It Is Really Important For You To Appoint Either Of These Professionals According To The Specific Requirements Of Your Business. To Give A Broad Idea, A Consultant Is A Professional Who Will Provide You With Expert Advices On The Area Under Consideration. He Will Suggest You Ways Of Solution But Normally They Lack The Authority Of Implementing The Changes. On The Other Hand, The Lobbyists Offer Advice And Also Take Active Role In Implementing The Changes By Using Their Connections In The Government.
Choosing The Right One For Your Business
You Need To Hire Either Of These Professionals Or Both Of Them According To The Specific Needs Of Your Business. So, The First Thing That You Need To Consider Before Opting For These Two Services Is The Particular Requirements Of Your Business. If You Think That Getting The Information And Advices About The Solutions Can Make The Job For Your Business, A Consultant Can Actually Do The Job; But If You Think That You Need Someone To Implement The Required Changes In The Government Policies And Legislations So That Your Business Can Avail The Best Solution, Appointing A Lobbyist Is The Better Choice.
However, The Efficiency Of A Lobbyist Depends To A Great Extent On The Particular Professional, His Experiences And Skills And Hence Appointing Lobbyists From Reputed Lobbying Firms Like The Lobbyit.Com Is Best Suggested.
The Best Advice on Businesses I've found
Maximizing the Amount of Compensation You are Awarded If you suffered damages due to the actions or negligence of another party, you have a legal right to compensation. However; getting a fair amount of money for the amount of damages you suffered can often be harder than you might think. This is especially true for people that have suffered an injury that has caused them to deal with a large amount of medical bills. You should not have to deal with the medical bills that were caused by treatment you needed because of another person's negligence. Plus, you are probably not going to be able to earn your income for an extended period of time if you have a severe injury that requires time to recover. But, you are going to be able to get help to get all of the compensation you are owed. You are going to want to call a personal injury attorney to seek compensation for your claim. When you hire a personal injury attorney they are going to work to make sure that you are given all of the money you qualify to get for your claim. Your personal injury attorney is going to work to get you your money in the quickest amount of time so you can begin to pay your bills. They are going to ensure you are compensated for the medical bills you have as well as any future treatments your injury may require. Plus, they may even seek compensation for the pain and suffering that your injury caused you. The personal injury attorney is going to be paid based on the amount of compensation they are able to get you. This makes it so they have a great incentive to ensure you get the most money possible. This is also the reason they are going to work hard to get you the money in the shortest amount of time they can.
A Quick Overlook of Businesses – Your Cheatsheet
If you want to be sure you get the most money possible, you need to have the right personal injury attorney working on your claim. You want to make sure you take the time to research the different people in your area that you may hire. When you take your time to find the right person for the job, you can end up making a lot of money on your claim.
Getting To The Point – Attorneys
If you have been injured because of another party, you have a right to compensation for your damages. The laws around compensation are complicated, getting a fair amount can be difficult. This is why you are going to want to get the help of a personal injury attorney when you have a claim to compensation.
Lessons Learned About Services
Crucial Qualities to Seek Out When Choosing Any Accident Injury Lawyer You're going to find that there is no vehicle in the world more popular than the car in today's world. Most people will agree that a car will be the most effective method of getting from one place to another, regardless of distance. Anywhere you travel these days will bring you to a place where just about everyone is driving on a constant basis. With an increase in drivers at any given time, you'll also discover that there are a lot more opportunities for people to find themselves in a horrible accident. Even though you can do a number of different driving techniques to ensure that you're staying safe on the road, you'll also discover that you can't always get out of a bad crash. If an accident is bad enough, you'll find that you will be facing a wide range of injuries as a result of the collision. You may want to check out the information in this article to help you learn about the different things you can do to fight off the kinds of high medical costs that are going to be quite typical after an accident. For anyone who is trying to find a way to receive financial compensation for any pain and suffering they've endured in an auto accident, it can be a great idea to find a good personal injury attorney. What you'll quickly realize is that if you're able to choose a great attorney, you should find it quite simple to be able to find great ways of getting the kinds of money you need from your insurance company to help defray the costs of your treatment. There is going to be no question that you'll be able to find a path to success once you've picked out a great attorney.
Discovering The Truth About Professionals
Many people find it to be a little challenging to find the right attorney, though. While you'll certainly need to consider all kinds of unique characteristics before you settle on any one lawyer, finding someone with a lot of experience will usually be the best option to consider. It'll prove to be a whole lot simpler to end up with a lawyer you can trust once you've found a few resources to rely on to teach you about what each lawyer has to offer.
What You Should Know About Services This Year
You're going to find that the kind of lawyer that you choose will have a lot to do with how successful you're ultimately able to be in your lawsuit. If you spend some time with all of the different sorts of resources that are available for people to use, it's going to be no problem at all to choose the best lawyer.
Do Your Business Need A Consultant Or A Lobbyist?
In The Current Scenario, The Need For Interaction Between Government And Business Has Become More Important And More Complex Than Ever Before. It Is Not Only The Politics That Is Influenced By The Government, But The Rules And Policies Of Business In The Country Are Also Determined By The Government. Hence Representing Your Business Needs In Front Of The Government Is Absolutely Necessary In Order To Ensure The Government Policies Are Able To Create A Friendly Environment For Your Business. When It Comes To Managing this Type Of Needs Of Your Company, The Two Professionals Who Can Serve The Job Are The Lobbyists And The Consultants. This Article Will Discuss On Both The Professions And Help You Draw A Conclusion About Which Service You Actually Need.
The Difference
Often, Lobbyists And Consultants Were Regarded Interchangeably In The Past, But In The Present Circumstances With The Growing Complexity In The Field It Has Become Really Important To Distinguish These Two Professionals Separately. There Are Vital Differences In The Way These Two Professionals Approach A Problem And Looks For A Solution And Hence It Is Really Important For You To Appoint Either Of These Professionals According To The Specific Requirements Of Your Business. To Give A Broad Idea, A Consultant Is A Professional Who Will Provide You With Expert Advices On The Area Under Consideration. He Will Suggest You Ways Of Solution But Normally They Lack The Authority Of Implementing The Changes. On The Other Hand, The Lobbyists Offer Advice And Also Take Active Role In Implementing The Changes By Using Their Connections In The Government.
Choosing The Right One For Your Business
You Need To Hire Either Of These Professionals Or Both Of Them According To The Specific Needs Of Your Business. So, The First Thing That You Need To Consider Before Opting For These Two Services Is The Particular Requirements Of Your Business. If You Think That Getting The Information And Advices About The Solutions Can Make The Job For Your Business, A Consultant Can Actually Do The Job; But If You Think That You Need Someone To Implement The Required Changes In The Government Policies And Legislations So That Your Business Can Avail The Best Solution, Appointing A Lobbyist Is The Better Choice.
However, The Efficiency Of A Lobbyist Depends To A Great Extent On The Particular Professional, His Experiences And Skills And Hence Appointing Lobbyists From Reputed Lobbying Firms Like The Lobbyit.Com Is Best Suggested.
Beware Car Drivers – Here Are Few Things Which Are Unexpected In DUI Convictions
DUI convictions and penalties are still a mystery to many people as they don't have much knowledge about the laws associated with drunken driving. All they know is that they will lose some or even all of their driving privileges, once they are convicted for drunk driving by the law enforcement officials. It's really important for all of us to know different ways in which DUI convictions can affect our lives for weeks or months.
Unexpectedness factor in DUI convictions
There is a saying- "There's always going to be the circumstances you can't plan for. There's always the unexpected relevance and unfortunate serendipity". Same is the case with any DUI conviction. There are lots of things which happen unexpectedly when one is convicted for a DUI offense. These unexpected and unfamiliar happenings only add more to the feelings of apprehension and depression, which one feels during a DUI arrest.
Here is list of those unexpected things given below:
- Apart from license suspension, fine and law court rates will also be imposed on you as DUI punishment. The price range for any DUI conviction depends upon the nature of the offense along with the driver's previous record.
- There are several professions where an individual is fired from the job for a criminal offense. DUI violations, especially in case of felony, is also covered here and your company can really fire you as you will be convicted and spending a huge amount of time in meeting lawyers and going to the court trials. This will also result in loss of your earnings.
- Your automobile insurance provider will increase the present insurance rates for you once it comes to know that you have been convicted for drunk driving. It will also increase your health and household insurance charges as your insurance company will think that you don't have effective decision-making capabilities.
- You will be asked to install a locking device for ignition in your car and attend DUI programs and classes. What's more is that, you must pay for them all by yourself.
- If you are an employee of a government or any other governing association, your license to practice your particular profession will be cancelled due to a DUI verdict.
- Scholarships will be denied to you by your college and you will also be not allowed to carry any kind of weapon with you. This can prove to be really troublesome, especially if you are in a field where you have to carry a weapon to do your job.
License suspensions
License suspensions are basically of two types- restricted suspensions and hard suspensions. If you are not able to attend your hearing at the set date, hard suspension for 30 days, starting from the time of your suspension, will be imposed on your license and you can't drive at all during that period.
After the period of hard suspension ends, you have to ask your insurance company to provide you a SR-22 form, so that you can apply for a restricted driving license. This license only permits a person to drive to your DUI classes and work and vice-versa.
To know more, you should meet SD DUI lawyer pros San Diego and get all the information on DUI offenses and the consequence associated with them. He will also help you to be prepared for what can be a really humbling and traumatic experience.
The Easiest Way to Conform to SRA Polices
Each agency practicing law in the United Kingdom is going to be required because of the Solicitor's Regulation Authority (SRA) to actually appoint a member of your agency to meet obligations as the COLP and the COFA. This is regarding the aim of delivering customers the best array of beneficial final outcomes with regards to their problems and call pertaining to solutions. It is definitely the purpose of the SRA to nurture a better relationship between those who are being governed and the controlling authorities. The persons that believe all the tasks involving COLP as well as COFA within a law group are the ones who're in charge of making sure the company's proper compliance with applicable guidelines as they are at this time outlined within the SRA manual. These people are additionally the ones that happen to be accountable for communicating from within the agency with the SRA. The SRA would like for every one of the companies to take the initiative in recognizing accountability for the handling of hazard in regards to the supply of their legitimate expertise. It is actually up to the COLP as well as the COFA to actually not simply manage the actual business's potential risk, but additionally to ensure that all employees in the company follow the SRA's protocol as is defined inside of the guidebook.
Obviously, this can be absolutely no small task! The most convenient and additionally the most valuable means of ensuring a firm is careful to comply with all of the SRA requirements to employ a hazard supervision computer software just like Riliance. This unique riliance software (look at www.youtube.com) makes certain that companies that employ it don't deviate from the envisioned process. Employing Riliance Software is without a doubt by far the most economical technique for a business to consider pertaining to it's obedience file maintaining. The software program will keep track of the compliance regarding all employees and definitely will put into place all required systems. It doesn't just handle risk; it also preserves the firm's records and can, as required, generate studies. Riliance incorporates characteristics to monitor client suggestions, to optimise all file audit digesting, and it'll provide the means for using the CPD's extensive potential risk and compliance library. It ultimately will save you the firm both time and cash, allows for the identification of inefficiency and waste and reduces the amount of time necessary to stay abreast of proper compliance polices.
Why Is California Jailing People Who Can't Afford To Pay Bond?
Bond is a tough issue in California. It turns out that there are a large number of people who can't pay bail—who would have figured—and that the bail schedule is making it difficult for the poor to contest charges or even see a judge. Under an older California law, if you are charged with a crime and jailed, your bail amount depends on a pre-arranged bail schedule. So if you are poor and can't post bail, there is a chance that your case will not move forward quickly and you will stay incarcerated indefinitely. This creates many problems, especially for those who are the caretakers of the elderly and young children. The bail schedule law in California has come under fire recently, and there are numerous advocacy groups who are trying to make changes. Currently, a wealthy person in California can post bail immediately and pay the full amount, and they get that money back when they attend their court dates. However, if a poor person has to use a bail bondsmen, then that money is gone forever, even if the charges are dropped or they make all of their court dates.
Advocacy groups and even police officers have come to support a new bill which would make bail more affordable and accessible to people who are not charged with violent crimes. Detractors have said that there are currently two versions of California law, one for the wealthy and one for the poor. In order to make sure that poor people get a quick, speedy, and fair trial, many legal experts believe that the law has to be changed in regards to bail amounts. Many bail bondsmen use bail bonds merchant accounts from payment processors such as eMerchantBroker. This is so that they can offer several different types of payment to those that need their services. Although bail payment amounts might be changing, the bail bonds industry isn't going anywhere anytime soon.
Are You Looking to have an Employment Contract?
An Employment Contract is like a agreement between an employer and his employee regarding terms and policies of employment. An employment contract defines the rules and regulation regarding employment on which the further relation between an employer and employee will be proper maintain in the organization.
The employment contract defines the contract of service which will be rendered by the employee towards his employer. It will become a future contract between the two parties regarding delivery of services.
It has been used as a tool to solve many problemsin the organization. As per an Employee handbook, it can be said as a written proof on which the employer and employee mutually agrees. Its the basis of employement on which the employee will work.
It act as a very important business document any business can use.It contains the rights and obligation of an employee and as well as of the employer also.It contain the basic information about the employee job profile and also clearly defines the business information such as salary, work environment, benefits, working hours etc.
Employment contract helps in avoiding future conflicts between an employer and his employee regarding remuneration. Both the parties agrees on the written document which is known as employment contract. The work environment of the organization improves in presence of employment contract.
Each employee who is working in an organization and has gone through employement contract considers it as a moral duty to fulfill his obligation towards the organization. In the same on the part ofevery employer it becomes a moral responsibility to fulfil all the basic requirements as mentioned in the employement contract.
If any act is being performed in the organization which tend to defeat the right of an employee in the organization legal help can be provided to the employee under the labour act.
Employment contract can be presented as a legal proof in the court of laws if any conditionarise where an employee files a case against his employer.In the same way an employee can also use it as a written proof which can be presented in the court of law if a wrong case has been filed by his employee on the employer or to his organization.
The Employment contract is being made in business organization to safeguard and protect employees from exploitation. Often the rules and policies which are said at the time of employement differs from the practical life of working in the organization. So these documents are made which contains a written legal proof of terms of services.
Employment contract helps in maintaining friendly relations between the employer and his employee. The work environment improves if an employement contract is made between the employee and his employer as there is make a satisfaction on both the sides that there rights are being protected.
It automatically decreases the number of cases of fights and dissatisfaction of an employee towards his employer.With the help of employement contract the employee feels a part of obligation and he becomes committed towards his job as he know that all his rights are being protected in the organization in which it was working. The working atmosphere is automatically changes if a document called employement contract is being well maintained in the organization from.
California Personal Injury Attorneys – Dealing with Life's Biggest Challenge
A legal representative comes to rescue when a person is in dire situation. It could be anything from property mortgaging to an unlikely accident. There are several accidents occurring everywhere in the streets. A recommended lawyer always comes to the mind whenever there is a super emergency situation. Auto Accident Lawyer California is the reliable names in the industry when it comes to deal the victims and their families. It is indeed the job of the lawyer to guide the citizens who are in need of the legal assistance. One of the biggest challenge lies when a person has to find the best legal representative well-versed with the law filing procedure.
It so happened in my case last year. When my father met with a car accident on the main highway and there was none other than this team of lawyers to rescue him from the situation. An experienced team of lawyers is the primary requirement for any citizen. My father was hospitalized for about six months and he was in coma for the first four months. When he recovered from it we had to hire the legal services to take care of all the proceedings. It was him who did all the paper work.
It was indeed a complex task and our lawyer undertook the entire task on him. He had an experience for over twenty-five years dealing such cases. As we met on a daily basis he shared few of his encounters with some of the worst road accident of his life. Some incidents were really terrible and beyond my imagination. I never knew that a road accident could cause so much of havoc in a person's life. The misery and the trauma caused to the family were really sad, for the fact I could relate to it. I did not have any other option other than relying on his word.
Not even the slightest of the faulty documentation took from him. Such was his reputation as he was fully prepared to deal with any of the circumstances. We were assured about the compensation facility as he gathered all the evidence necessary to file for the compensation. There was so much that he wanted to do and he did it strategically. I think the decision I made of relying on the services of California Personal Injury Attorneys as the best to come out of the misery caused by that fateful road accident.
An unexpected injury could occur anytime and one must always approach the services of the personal injury lawyers. The lawyer we were appointed was deployed to handle our case from one of the best law Firm in California. My father had succumbed to the injury very badly and he was in no condition to stand or walk for some time now. Knowing his condition he was not supposed to take any kind of strain or physical stress our lawyer ensured that he got the compensation on time. Approaching this law firm helped me gain the lost confidence after this fateful incident had occurred with my father. It was a great kind of relief for me when there was such a trusted source of law firm to support me.
The Ledger Law Firm
5160 Birch Street Suite 100
Newport Beach, CA 92660
Why You Need Legal Representation When Filing A New Jersey Tax Appeal
While presenting tаxарреаlѕеminаrѕin New Jersey over thе past ѕеvеrаlуеаrѕ, I аmrереаtеdlуаѕkеdthеquеѕtiоnоfwhеthеrѕоmеоnе needs аn attorney to file a tax арреаl. Thе answer is nо, you do nоtnееdanаttоrnеу, but, bеfоrеуоudесidеtо go fоrwаrd without аnаttоrnеу, уоuѕhоuldаѕkуоurѕеlf, do I hаvеthееxреrtiѕе to ѕuссеѕѕfullуhаndlеаn appeal?
A ѕituаtiоn that рrеѕеntѕ a similar quеѕtiоn regarding the need fоr a professional iѕ when a рiреburѕtѕаnd is flооdingуоur home.Bеfоrесаlling a рlumbеrуоu ask yourself, dо I hаvе the еxреrtiѕеtо fix thерiре? Sоmереорlе do, as they hаvе plumbing еxреriеnсе, but most dоnоt and ѕhоuld not even attempt to рrосееdwithоut a professional.
If уоu do nоthаvеѕоmе background in real estate appraisal оrhаndling lawsuits, I ѕubmitthаtуоuѕhоulddоthеѕаmе thing thаt I would do if a pipe burѕt in mуhоmе, саll a рrоfеѕѕiоnаl. Thе financial stakes аrеtоо high to proceedаnу other way.
In rерrеѕеntingсliеntѕ before mаnу County Tax Bоаrdѕ throughout thеStаtе, I have hаd the opportunity tоwаtсh the mаnnеr in whiсhthеѕе Boards hаndlе various tуреѕоfсаѕеѕ, including thеhоmеоwnеrwhоhаѕсhоѕеntо represent thеmѕеlvеѕ in a tax арреаl. Whilеthеарреаl process wаѕ much lеѕѕѕtruсturеdаndCоuntуTаxBоаrdѕmоrе lenient in thеir mode of operation 10 оrmоrеуеаrѕаgо, thеnumbеr of арреаlѕаndthеаmоunt of tax mоnеуbеingраid out bуmuniсiраlitiеѕ in mоrе recent уеаrѕhаѕсаuѕеd a dramatic change in hоwthеѕесаѕеѕрrосееd.
A tаx appeal is аnаdvеrѕаriаlрrосеѕѕ. Mаnуреорlе do nоt think оf it thiѕwау, but filing anарреаliѕ filing a lаwѕuit against the town that claims аѕitѕbаѕiѕthаtthеаѕѕеѕѕоr did nоt set the соrrесt value оn your рrореrtу. The towns аndthеаѕѕеѕѕоrѕ interests are the opposite оfуоurѕ. Thеаѕѕеѕѕоriѕ not there аѕуоurrерrеѕеntаtivе or tоасt against the intеrеѕtѕоfthеir employer – thеtоwn.Tаxарреаlѕаrеgоvеrnеdbуthе same rulеѕоfеvidеnсеаnd procedure as every other lawsuit in Superior Cоurt.While mаnу County TаxBоаrdѕrеlаxthеѕеrulеѕѕоmеwhаt, it rеmаinѕthе taxpayers burdеn to рrеѕеntеvidеnсе that proves that their assessment is tоо high.
In residential appeals, thеnоrmаlеvidеnсеthаtiѕ presented is соmраrаblеѕаlеѕ. In other typesоfарреаlѕ, thеinсоmеаррrоасhоrсоѕtаррrоасhmауbеthеmоѕt appropriate mеаnѕ of dеtеrmining a value. Selecting thоѕе comparable sales iѕсritiсаlаndthерlасе where mоѕtрrоѕеtаxрауеrѕ cases fаllараrt. Dеmоnѕtrаting this iѕthеrарidlуgrоwingnumbеrоfреорlееасh year who hаvе filed thеirоwn appeal аtthе County Tax Board аndnоtrесеivеdаnу reduction аndthеnhirе me tоарреаlthе County TаxBоаrddесiѕiоntо the State TаxCоurt.Thе cases with рrоѕеtаxрауеrѕgеnеrаllуfаllintо several сlаѕѕеѕ. Onеiѕ where thеhоmеоwnеriѕarеаlеѕtаtе appraiser оr a real еѕtаtеаgеnt. Thеу have the рrоfеѕѕiоnаlbасkgrоund to select comparable sales and рrеѕеntthеmtоthеBоаrdtоhореfullуоbtаin a роѕitivеоutсоmе.
The nеxt group is people who know arеаltоrwhорrоvidеѕ them with соmраrаblеѕаlеѕ or whоuѕеаnоn-linеѕеrviсеthаtѕеlесtѕсоmраrаblеѕаlеѕ. The first question from еithеr the Bоаrdоr from thе town willbеwhоѕеlесtеdthе comparable ѕаlеѕ? If the tаxрауеrаnѕwеrѕthаtthеir friend, arеаltоr, ѕеlесtеdthеm, уоumау not nоtiсе it, but if уоuliѕtеnсаrеfullуtо the questioning, the Bоаrdhаѕаlrеаdуdесidеdуоurсаѕеаndуоu will nоtgеt any rеduсtiоn. If an appraiser оrаn on-line ѕеrviсерrоvidеd the соmраrаblеѕ, the town hаѕ a right to аѕk questions of thе person whоѕеlесtеdthеcomparables. If thаt person iѕ not рrеѕеntаt the hеаring, whеthеritѕthеrеаltоrоr the on-line ѕеrviсе, thеn the соmраrаblеѕ are nоt allowed in аѕ evidence. Without еvidеnсе, thеrеiѕnорrооfthаt the аѕѕеѕѕmеnt is wrоng and thе assessment will nоtсhаngе.
We thеn address thе situation where thеtаxрауеrѕеlесtѕ the соmраrаblеѕ.Thеquеѕtiоnѕthаt will bеаѕkеdinсludеhаvе you еvеrbееninѕidеthесоmраrаblе? The vаѕtmаjоritуоf the time thе answer iѕnо. Whiсhrаiѕеѕthеfоllоwuрԛuеѕtiоn, Ifуоuhаvеntbееn in thесоmраrаblе, hоwdоуоu know it iѕсоmраrаblе? Priсеdоеѕ not determine comparability. It iѕрhуѕiсаlfеаturеѕ of thеhоmе, ѕuсhаѕ square fооtаgе, quality оfсоnѕtruсtiоn, еffесtivеаgеоfthеimрrоvеmеntѕ, number оf bedrooms and baths, ѕizеоflоt, аgеоfhоuѕе, age of any remodeling, еtс. thаt determine соmраrаbilitу. And if you uѕеthе Multiple Liѕting Service (MLS) to gеtthеbасkgrоund information, аѕуоuаrе not a licensed рrоfеѕѕiоnаl, you аrеnоtеntitlеd to rely uроnthе MLS information as reliable.
Appraisers ѕtаrt with thе MLS, but thеnсоnfirmthе information contained thеrеintоеnѕurеitѕ reliability or tооbtаinthе correct infоrmаtiоn for thеirrероrt.Mоѕtimроrtаnt in thе decision on whеthеrtорrосееd pro se оrnоtiѕ the timing оfwhеnуоu can еxресttо receive аnу reduction in tаxеѕ or refund thаtуоubеliеvеуоuаrеduе.
The filing dеаdlinеfоrарреаlѕiѕAрril 1 (May 1 if thеtоwn did arеvаluаtiоn). Mоѕt County TаxBоаrdѕtrуtосоmрlеtе their hеаringѕbуJunе 30. This hаѕbееnеxtеndеd in many соuntiеѕ due tоthеnumbеrоfарреаlѕ that hаvеbееnfilеdwhiсhmаnуtimеѕ makes it рhуѕiсаllуimроѕѕiblеtосоmрlеtе all оfthеhеаringѕbуJunе 30. If thеhеаring is completed bуJunе 30, you can еxресttо have a decision bуJulу 31. If you rесеivеdarеduсtiоn in уоurаѕѕеѕѕmеnt, thеrеduсtiоn will ѕhоwоnуоur 4th ԛuаrtеrtаx bill.
If you аrе not successful аnddесidе to арреаlthеCоuntу Tax Bоаrd decision, thе current timeline fоr residential cases рrосеѕѕingthrоughthеStаtе Tax Court iѕ 12 to 18 mоnthѕ. Thаt means thаt your appeal that you filеd in March, 2015, and appealed to thеStаtе Tax Cоurt in July, 2015, will likеlу be scheduled fоrhеаring in TаxCоurt sometime in thеSummеrоf 2015. If уоu settle the саѕе with thе town, it takes аррrоximаtеlу 5 mоnthѕfоrуоurjudgmеnttо be issued by the Tax Cоurt Clerks office. Summеrоf 2015 just bесаmеthееndоf 2015. The tоwn then hаѕ 60 days tо issue you arеfund – extending thаttimе frame tоеаrlу 2016.
Rеmеmbеrthаt you hаvе to continue to рау the tаxеѕаtthеhighеrlеvеl until that dесiѕiоniѕrеndеrеd.Thеn you will gеtarеfund for 2014, without аnуintеrеѕtоn the rеfund, as that iѕwаivеdаѕ a соnditiоnоfаnуѕеttlеmеnt.If you try thе case in Stаtе Tax Cоurt, уоu will nоrmаllуrесеivеуоurdесiѕiоnmuсh sooner. But as you аrеnоw in Tаx Court, аllоf the rulеѕ of evidence аndрrосеdurе apply. If you аrе not fаmiliаr with thеѕеrulеѕ, it iѕеаѕуtоmаkе a misstep thаt will еliminаtе any possibility of оbtаining any rеfund. And the discussion of аррrорriаtееvidеnсе set оut above, rеgаrdingthееvidеnсеthаtуоuаrеаttеmрting to рrеѕеnttо the Court, iѕ repeated hеrе. Thеtriаl in TаxCоurtiѕanеw proceeding where you аrеrеquirеd to prove your саѕе in itѕеntirеtу, bусоmреtеnt, admissible еvidеnсе. Prеѕеntingѕоmеthingѕhоrt of thаt will rеѕult in уоurnоtоbtаiningаnу reduction in уоurаѕѕеѕѕmеnt for уоur 2 уеаrѕ of fighting thrоugh the рrореrtуtаxарреаlѕуѕtеm.
I'm ѕurеуоu'vе heard ѕtоriеѕfrоm neighbors that hаvеgоnеthrоugh the NJ tax appeal рrосеѕѕ and bееnѕuссеѕѕful. It iѕlikеlуthаtthеуwеrе so far оvеr-аѕѕеѕѕеdtо begin with that the аѕѕеѕѕоr felt obligated tо lower the аѕѕеѕѕmеnt. Yоurсаѕе may nоtbеѕосlеаr cut аndаnуаttеmрtоnуоurраrttоdiѕсuѕѕthе neighbors сhаngе in аѕѕеѕѕmеnt as a valid basis for уоurоbtаining a reduction in уоurаѕѕеѕѕmеnt will generally rеѕult in уоur not асhiеving any reduction in уоur assessment. The Cоuntу Tax Bоаrdiѕnоtаllоwеd to соnѕidеrаѕѕеѕѕmеntѕ on оthеr homes in уоurnеighbоrhооd – оnlусоmреtеntеvidеnсеоfѕаlеѕthаtоссurrеd during the аррrорriаtе time frаmе.
Before you decide to go fоrwаrdаnd represent уоurѕеlf in a tаx appeal, contact a New Jersey tax attorney to discuss your ѕituаtiоn.
Do You Know When It Becomes Important To File For Bankruptcy?
Filing for bankruptcy is a tough decision, but when circumstances arise, you have no other choice left. If there is no other way to pay off your debts, then it becomes mandatory to file for insolvency. It can lead you to a safer space, where none of your creditors can legally call you. Then, you are no more required to worry about dislodgement and deal with foreclosure.
There are many ways to file a bankruptcy and all of them are different and suitable for different situations. You may not have all the knowledge to smartly deal with the bankruptcy. Therefore, hiring a bankruptcy lawyer can be of great help for this purpose. You may consider hiring BK lawyers in your town as there are many professional who can help you.
Knowing when to file for a bankruptcy is something you need to know before you could approach a lawyer to file the petition for you. You are left with no choice, but to file when you fail to meet your financial obligations due to following:
- When you have been unemployed for a very long period of time and have no savings or income
- When you have a house that is reaching a foreclosure
- When you have pending lawsuits for criminal bills
- When you have many reckless taxes to pay
- When you have pays that are being garnished
If you find yourself in any of these situations, then filing a petition for bankruptcy is the only choice you are left with.
Should you hire a lawyer or deal with the case on your own?
Now the question arises if you should do the work on your own or hire a professional lawyer? Remember, such situations demands knowledge of law and conducts and you may not have those. Therefore, when you know that you lack knowledge of law, hiring a professional lawyer is what you should consider. Here are many other reasons to hire one:
- You will be sure to have filled out the forms as per law and meet all the requirements of the court
- Meeting law requirements have become very difficult and a lawyer has all the knowledge to do it
- An attorney can be a great source of guidance for you in such difficult times, when you do not know where to go or what to do
How should you hire one?
There are many ways you can do it. Few of these are:
- Ask your friends, relatives or your acquaintances if they know any good lawyer
- Look for lawyers online. There are many websites available, which have list of good lawyers in your area.
- If you know anyone in the court, then you can ask that person if he knows any good lawyer. Those who work at court know many of good lawyers
- Visit online forums and ask the question. Member at the forums are very active and helpful too. Someone will surely tell you about a good lawyer in your area who can deal with your insolvency case.
Bankruptcy is a difficult time, which breaks many individual. Do not leave hope, act wisely!
Changes brought about to the employment and labor law – Keep an eye on 2015
With every passing year, there are some new state and federal local labor laws which the HR professionals, the employers and the recruiters need to understand. After reading the first sentence of the post, you must be wondering what's new for 2015! Well, the Society of Human Resources has amalgamated an outstanding resource named New Year, New Laws and this will outline some of the major changes that the local and the state level will go throughout the nation. There are no new government employment laws that affect the employers in 2015, there are indeed some serious workplace issues which are recently being placed before the US Supreme Court.
There are some other hot workplace issues which might not have reached the Supreme Court but they have definitely impacted the employers. There are different kinds of issues that are faced by the labor and employees of a company and if these are not addressed by the government, this might continue disrupting the environment within the organization. Depending on the results of issues like overtime exemptions, background checks, pregnancy accommodations, same-sex marriage, you can easily imagine the impact that it can have on your business firm. The concerns of this article will deal with the different employment and labor law changes that are being brought about in 2015.
Employment and Labor law changes brought about in 2015
Presently, the PPACA or the Patient Protection and Affordable Care Act, which is also called the health care reform, is the primary concern, especially with regards to compliance with the new federal regulations in 2015. As this health care reform brings a new set of challenges for your business, this is not the only legal challenge that you should watch out for.
- Changes to the FLSA: The FLSA or the Fair Labor Standards Act offers the basic wage protections for the workers in the US, which includes overtime requirements and federal minimum wage. Under this particular act, workers should receive pay for overtime of at least 1.5 times of their regular pay rate for every hour that they work in excess of 40 hours in a week. However, there are regulations with respect to exemptions from the overtime have not kept up with the present modern economy. It seems that the regulations are totally outdated and the Americans lack overtime protection and also the right to minimum wage.
- Increase in government minimum wage: There is also a great potential for a minimum wage increase to $10.10 per hour. While the employees that make minimum wage will be pleased by the additional compensation, this could even put a significantly less amount of financial strain on the medium-size and small-size companies. There are some experts or financial analysts who are thinking that this increase could even lead to eliminations of jobs due to the constraints of business budget. However, the impact of a minimum wage increase may not have a huge impact on your business as you may think. In fact, it might lead to increased expenses and hence an increase of sales as well.
- Changes to the laws of marijuana: In 2015, there were many states that legalized the distribution and use of marijuana and this change has too many employers wondering about how this will impact their workplaces. What should the employers do if their employees come to office under the influence of marijuana? Are the employers liable if the employees get involved in an accident while they're under the influence of marijuana? Well marijuana is still illegal federally and hence in the offices, it should certainly be treated as some other illegal object. Implement a substance abuse policy to check its usage.
- Ban the other application laws: During application of jobs, there are many employers that need applicants to inform them whether they have been involved in some crime or gone through a breach of trust or dishonesty in their previous workplace. Researches have found out that such questions might unfairly let go of some worthy applicants from the process of hiring. Long after the applicants have fulfilled their sentence, their records might follow them for a long time. These arrests or convictions might not represent who that person is today. Hence, this process of application should be banned totally as this doesn't speak good or bad about a person. Past criminal records can't decide the character, nature and talent of a person.
Hence, if you're wondering about the different changes to the employment and labor laws, you can take into account the above mentioned points. For more information on how to let go of business debts, you can click here to learn more. Always stay on the right financial track so that you don't have to hire the wrong people in your organization.
The right and wrong ways of collecting debts – Knowing the differences
Collecting money from the customers who won't pay you or can't pay you is one of the trickiest parts of operating a small business. If you're a business owner who is too lenient about dealing with your customers, you may soon go bankrupt and if you're too strict, you can turn away some good customers who come to you due to the flexibility that you offer them. If you're too aggressive, you could soon find yourself being sued by some federal agency or by the State Attorney General. Hence the last mistake that you can make is being too aggressive with your customers. This could actually have some adverse effects on your business.
Annually, debt collection gives rise to a large number of consumer complaints, more than any other activity that is regulated by both the state and federal government agencies. In order to regulate the debt collection practices, the FDCPA or the Fair Debt Collection Practices Act came into law in 1977 and this is what governs how different debts can be collected. This law actually regulates those companies that are engaged in business debt collection.
Are you a business debt collector?
In case you fall below the $10 million level, does that imply that you don't require worrying about the different debt collection laws? No, that is not the answer. There are some scenarios under which you might be subject to debt collection laws. Here are the three situations.
Acting like a debt collection firm: As per the FDCPA, they exempt those companies that are collecting their own dues. However, if your business uses different debt collection tactics, then you need to abide by the law. For instance, if you use your name apart from the name of your company while recuperating business debts, you trigger the FDCPA. If you utilize third party agencies to communicate the customers to collect accounts receivables, then too you trigger the FDCPA.
Residing in a state where you're considered a collection agency: The FDCPA is more like a minimum wage law under which the state governments are not allowed to go below but they're allowed to go above it. Because of this, there are some states that have enacted laws which are enacted by the attorney general to move beyond the guidelines of the FDCPA. Many of these states include those where the creditors collect money on their own behalf. Since such laws keep changing with time, it is vital for you to stay aware of what is happening in your state.
Being recognized by the CFPB as a collection agency: The CFPB has enough power in determining the types of companies that are subject to its regulations. Once it determines, it can determine what it considers to be deceptive and unfair and they can also take steps to prevent them. Although it is unlikely for a small business to fall under the regulations of the CFPB, the companies that you hire might just fall under them.
You need to be safe about your debt collection methods
If you require collecting debts, what do you need to do? You have to abide by the debt collection laws and even when you don't have to do so. Do you wish to hire someone who can worry about your debt collection practices? As per the FDCPA and the CFPB, there are some decency requirements that you should adopt while collecting debts. Which are they? Here are some steps that you can't take when you're attempting to collect your business debts.
- Calling during unreasonable hours
- Intentionally add interest rates and fees which were never a portion of the original agreement
- Threaten about confiscating property when you don't have the legal permission to do so
- Delay posting the payment to the account of your customer for only the sake of adding more interest rates and fees
- Inform the co-workers and employers about the debt as this is entirely against the rules and regulations of FDCPA
- Tell a lie about the total amount owed by the debtor
- Pretend about being a lawyer and threatening the debtor
- Pretend about being a government representative
- Falsify about whether or not you should report your debt to the credit reporting agencies
- Make threatening calls and use abusive language with the debtor
- Threaten about arresting the person
Hence, if you're a business debt collector and you want to ensure that you abide by the FDCPA regulations, make sure you don't take the above mentioned steps. In case you owe debts towards your own suppliers and lenders, you can get help of an accredited debt consolidation company through which you can combine your debts and repay them in easy and affordable monthly payments stretched throughout a long period of time.
Dealing with business debt and the tantrums of the debt collectors – How to deal with them
As a necessary part of operations, most small businesses incur debt in some form, whether it's through using your bank loans or credit cards. But hefty interest rates and unsustainable debt, without multiplying revenue or capital to cover it can put a business organization in a state of jeopardy. The business owners then start investing from their personal assets just to keep their business afloat in the competitive market. They strive to ensure that their debts are not handed over to the debt collection agencies as this can become an indeed harassing experience. Once the debt collectors receive your debt and it becomes their responsibility to recoup the amount, they will start applying different methods for collecting debt.
In case you've already had a tryst with a debt collection agency, you will know how difficult this process can be. In fact small business debt collection is one of the most failing points of most businesses throughout the country. With little bit of courage and practice, you can reduce the amount of late payments which are due and also gradually develop an understanding of when you should expect a non-payment from your customer. The concerns of this article will tell you how you can deal with small business debt collection and small business debt.
Small business debt collection – The trick of prompt action and determination
No matter which kind of customer or client you deal with, prompt action will ensure that you maintain full right on the money that you owe. Send bills and reminders to clients who owe debt and customers on a daily basis. There's no need to be generous enough and wait till the end of the month. Here are some effective hints on small business debt collection.
- Avert harassing the people who owe your money: This is not only a legal policy but also a good customer service policy. In case your clients feel that you are harassing them, you might lose them forever and they may even spread bad word against you and you might even be subject to legal challenge. When you call your debtors for reminding them, don't leave more than one message and never speak ill about the debtor.
- Maintain short phone calls: In order to keep phone calls short, ensure that you're short and formal. Also make sure that the person who is on the other end doesn't take your call personally. Don't say anything that implies that failing to offer you payments is related to their personal failure as this might hurt their sentiments. Stay calm during the conversations.
- Write letters: The letters that you write to your clients and customers are known as demand letter. You should be sure about sending such letters besides making the phone calls. Don't forget to save copies of the letters that you send as this might be of use when you visit a debt collection agency.
- Offer to settle less than what they owe: If you think that a debtor would be willing to settle for less than what is due, you may want to offer that amount as this might bring you some funds if not all. This is often a strategy that is used by the debt settlement firms and you can also apply this strategy on your clients. Make this deal official through a legal document.
- Hire a debt collection agency: Collection agencies can lastly be the only hope of collecting the money that your debtor owes you. These debt collection agencies might charge 50% of the debt amount that they collect but for you, getting some money is definitely better than getting no money at all. You can get more information about these agencies by visiting Commercial Collection Agency Association.
- Small claims court: If you don't want to go through the hassles of a debt collection agency, you will have the option of filing a lawsuit in order to recuperate the money that you owed. Depending on your present situation, you might be able to file a claim in the small claims court and get back the money which the business owes you. In fact, small claims are a popular tool for the businesses to use who wish to collect debt as 60% of all the filings there are mostly done by small businesses.
If you've incurred debts due to the lack of carefulness by your clients, you can take help of the debt settlement or debt consolidation firms. You can click here for more information on debt settlement companies and then choose the best way out for your business. Whenever you owe business debts, you should immediately settle them so that they don't mar the possibilities of increasing revenue and returns.
How to Hire an Attorney
Whether you want it or not, there are certain difficult situations in life where you need the help of a lawyer or attorney. Finding the right lawyer is about creating the balance between two things – high competence level and fee (if you have limited budget.) Finding the right lawyer could indeed be a difficult task. However, there are a few things you can keep in mind and get the best attorney at your disposal who will work within your budget limits.
Check Your Inner Circle First
It is always better to take references from your friends, family, and relatives. For instance, if you are looking for a New York City divorce lawyer and you know someone among your acquaintances who had hired a successful lawyer in the past you can get in touch with them. References from the people you trust are always better than the advertisements you see in the TV or billboards. Even if no one has hired a lawyer from the same field you need, you can still get good references. For instance, if you are looking for a New York divorce attorney and someone among your friends had hired an immigration lawyer in New York, it would not be of much help to you. But the lawyers have a big network and they know each other. Therefore, the corporate lawyer may help you get in touch with a divorce lawyer.
Hit the Bar
If you don't want anyone to know that you are looking for legal advice or services, then you can be discreet about it. Instead of talking to the friends and family, you can simply go to the bar association and find out about the lawyer who has the expertise to deal with your case. For example, if you want to hire a New York personal injury lawyer, you can go to the bar and find out the attorneys who handle such cases. However, there is a word of advice. The bar only provides license to the lawyer to practice law; it does not guarantee the competence of the lawyer.
Check the Websites
There are many websites that provide the lawyer rating along with their estimated fee details. You can look for a lawyer on these websites. Although, there are very few systems that can accurately provide the ratings to the lawyer based on their competence level, these websites can still give you a fair idea.
Ask Questions
If you are thinking about hiring a lawyer you will be paying them a good amount of money too. Therefore, you will be well within your rights to ask a lot of questions and be completely confident that you are hiring the right lawyer. Ask them lots of questions about their experience and expertise.
How to Get a Divorce From a Common Law Marriage in Colorado
- Determine whether you have been in a common law marriage. There is no hard and fast rule, but the three top elements in Colorado are cohabitation, mutual agreement to be married, and holding yourselves out to the public as being married. Other factors to be considered are how taxes are filed, bank accounts are kept, and whether the couple share a last name.
- Discuss with your partner issues such as child custody, support, and property division. If you are able to come to an agreed settlement, you will both save a lot of money in attorneys fees.
- Sign a divorce agreement with your partner if you can come to an agreement. Outline the obligations of the parties such as who will take care of the children and how property will be divided. If you are unable to come to an agreement with your partner, you will need to seek the court's assistance in resolving property or child custody disputes.
- File for divorce with the local Colorado district court. If you fail to formally file for divorce from a common law marriage in Colorado, you will remain married, and any subsequent marriage will be void and in violation of bigamy laws. The court will set a hearing to determine how the divorce should be terminated and the details of property distribution. If there are children involved, there will likely be a separate hearing or series of hearings to determine custody. If the divorce is not amiable, then you will likely need to hire an attorney to help you through the process–especially the child custody issues.
- Attend all hearings set by the court related to your divorce. If you are unable to attend, move the court to reschedule. When attending the hearings, bring all documentation to show when the marriage began and why you are entitled to certain property rather than your spouse. If you owned property prior to the common law marriage, or inherited property individually during the marriage, bring documentation to show that you paid for maintenance of that property with your own separate earnings for the duration of the marriage. If possible, bring documentation to show that the property was not used for the benefit of the marriage.
Common Law: Separation Agreement
Do You Have a Common Law Marriage?
- Before deciding if a common-law separation agreement is needed, a couple needs to determine if they have a common-law marriage. In the United States, only 15 states and the District of Columbia recognize common-law marriages. Canada does not recognize common-law marriages. Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas and Utah accept common-law marriages. Georgia, Idaho, New Hampshire, Pennsylvania, and Ohio accept the marriages with tight stipulations. Generally, a common-law marriage is an arrangement between two people who agree to be married to each other, live together, and present themselves to others as husband and wife. Check state laws for specific state requirements.
Legal Aspect of Common Law Marriages
- A union that is recognized as a common-law marriage must be regarded as a legal union. Divorce or separation proceedings must be handled as if the couple had been married by ceremony and acquired a marriage license. A court will make the final decision regarding the separation agreement in a common-law marriage.
Reasons for Separation
- The decision to separate should not be taken lightly. When couples choose to separate before proceeding with divorce, they are attempting to work out details of divorce, such as alimony, child support and division of property. Separation can be a trial period preceding divorce. The court will treat a separation between common-law couples as a separation between legally married couples, since common-law couples need to acquire separation documents as a legally married couple.
Dividing Assets and Determining Visitation
- Common-law spouses attempting to draft a separation agreement should obtain a lawyer, as the agreement is a legally binding document. Sometimes, couples who agree to seek a separation can agree between themselves on dividing assets and sharing the children's time. Consulting a lawyer will assist separating couples in creating paperwork to legally finalize the division of their assets as a common-law couple.
What Is a Criminal Law?
- The first code of law, which blended criminal and civil law into one canon of conduct, was developed by the ancient Sumerians. The Sumerians developed their code of law around 2100 B.C. The Code of Hammurabi is an example of an early code of law, one that combined criminal and civil law. Hammurabi was a Babylonian. It was not until the Normans invaded England that a separate code of criminal law was developed. From this early Norman code of criminal law, the criminal system and set of laws that exist in countries such as the United Kingdom, Canada and the United States is founded.
- The primary function of a criminal law is to control and regulate the conduct of people living in society, of people living in a community. The theory behind criminal law is that if morality alone is not enough to motivate people to comply with the mores of a society, imposing sanctions and penalties on people who violate specific provisions of the law will provide such a motivation. Unlike civil law, which involves the private imposition of sanctions for violation, the penalties for a violation of criminal law are imposed by the state.
- Criminal law can be divided into three general groups.
First, there is felony criminal law. This is the most serious type of criminal law, focusing on the most significant type of crime. The penalties associated with committing a felony or breaking a criminal law classified as a felony, include prison time, large fines and, in some instances, a sentence of death.
Second, a lesser type of criminal law is a misdemeanor. This involves a less serious crime but can still result in a jail sentence (usually less than a year) and fines.
Finally, there is what is known as an infraction. This is a type of illegal conduct. However, some scholars do not classify it as a true crime. An example of an infraction is a ticket for a traffic infraction.
- There are five intended effects of a criminal law. Retribution for the crime committed is one motivation of criminal law. A criminal law is also designed to provide deterrence. Third, a criminal law is intended to incapacitate a wrongdoer, to keep the person who is guilty of a crime segregated from the community to some degree for some period of time. Fourth, one of the effects associated with a criminal law is to allow a victim of crime to obtain an appropriate form of restitution. Finally, an effect of criminal law is to rehabilitate the wrongdoer with the goal that this person will not re-offend.
- The theories that have developed around criminal justice generally and the application of criminal law specifically center on how the five intended effects should be balanced. For example, one of the theories is that society as a whole benefits if a criminal can be rehabilitated. Therefore, those individuals that espouse such a position believe the criminal justice system should focus on rehabilitation through the application of a criminal law. At the other extreme are those individuals who believe that the primary purpose of a criminal law should be retribution and punishment. In such an situation, the emphasis of a criminal law would be on sanctions and penalties.
How to Write a Common Law Separation Agreement
- Date your letter. Identify both parties and their role in the marriage. State that the letter is an agreement, that both parties are in agreement and that both parties signed the letter amicably.
- State when you were married and identify the city and county you were married. State that you are separating, that you will live separately and that everything is divided according to the terms of the agreement.
- Identify any children born from the union. State their full names, Social Security numbers and birth dates. Determine who receives custody or how it will be divided. Discuss all aspects of visitation, including weekends, holidays, school schedules and summers. Add any special conditions, such as no smoking around the children, no moving without prior written approval and 60-day notice, results of abuse and exact pick-up and drop-off times. Set a date where the agreement will be reviewed for changes.
- Explore child support. You should have already contacted the child support division in your state and received child support requirements. Simply restate them in the letter.
- State any agreed-upon spousal support. Identify the exact amount and when it will be paid. For instance, what day of the month will the support be paid? Tell the court when the support stops, whether it is a specific time frame or on a specific event, such as graduation or marriage to someone else.
- Provide a detailed description of all property shared by the couple, and identify who will receive what property. No law exists for automatic, equal division of property, so this must be spelled out in the letter. Both parties have legal claim to any property they brought into the relationship. Identify all real estate, furnishings, personal property and vehicles. Include information about who will keep the house and what exchanges will be made for the real estate property.
- List all debts and identify who is responsible for those debts. Personal debts will revert to individual parties, but debts incurred while the couple was together will have to be divided. Be detailed about how the debts will be divided.
- Discuss all insurance issues, including health, auto and life insurance. List who will be responsible for minor children's health insurance. Identify who the insurance covers and how long the insurance will cover the insured party.
- Discuss retirement accounts, and identify what percentage each party is entitled to. List every retirement account and give detail on how they will be distributed.
- State that each person is free from the interference of the other party. List restrictions about residence locations, but restate any freedom about profession and associations. State that neither party can harass the other party in places of employment, residences, on the street or anywhere else.
- Submit a waiver signing over all interest in the property you are not receiving, and have the other party do the same. Sign and submit a waiver of interest in the estate after the assets have been divided, and have the other party do the same.
- Identify who is responsible to enforce the agreement. Typically this is the court. State what will happen if the agreement is violated, including who will pay legal fees.
- State that this agreement is binding, that it invalidates all other agreements and that everything is disclosed. Include a statement of understanding.
- Sign and date the letter, and have your spouse do the same. Have the notary for the county and state notarize the document and date it.
How to choose godparents for a Roman Catholic baptism
- Check whether or not your prospective godparent is a Catholic. According to the Code of Canon Law, the godparent must be a Catholic. A non-Catholic godparent is acceptable only if you have a Catholic godparent as well.
- Check whether or not the prospective godparent has received the sacraments of Baptism, Confirmation, and the Holy Eucharist. According to the Code of Canon Law, the godparent must have received these sacraments of initiation, and must also be a practicing Catholic who lives the life of faith.
- Check whether or not your prospective godparent is over the age of 16. According to the CCL, only those sixteen years of age or older are eligible as baptismal sponsors.
- Check whether or not your prospective godparent is the mother or father of your child (this is an easy one to check!). According to the CCL, the mother or father of the child being baptized is not eligible to be a godparent as well.
- Check whether or not your prospective godparent is willing and able to take a Baptismal Prepraration class. Many parishes require both parents and godparents to take such a class in order to be prepared for and fully understand their role as baptismal sponsors.
Christian Prenuptial Agreements
- The growing popularity of prenuptial agreements are closely tied to rising divorce rates in Europe and North America. Statistics released by the National Center for Health Statistics suggest that 43 percent of all American marriages end in divorce, and Christians are no exception when it comes to the prevalence of failed unions. The Barna Report, published in 1999, remains the most extensive study on divorce rates among major Christian denominations in the United States. According to these statistics, 34 percent of all Christians who characterize themselves as being nondenominational are divorced, while the figure for Baptists reached 29 percent. Divorce rates among Catholics and Lutherans stands at 21 percent.
Biblical Teachings
- The Bible does not provide explicit teachings on prenuptial agreements, as these did not exist in the days of the Hebrew Scriptures or in New Testament times. Prenuptial agreements are modern legal contracts and while all 50 states in the United States permit them, American politicians in the early 20th century viewed such arrangements in a negative light and felt that they endangered the sanctity of marriage.
While the Bible may not offer teachings on prenuptials, marriage is widely presented as a permanent covenant that may only be broken by death. While Malachi 2:16 suggests that Hebrew society frowned upon divorce, Matthew 19:6 talks about married couples joined together by God and notes that they must "not separate."
Prenuptials and Catholicism
- While prenuptial agreements are not banned outright in the Roman Catholic Church, canon and civil law do not permit the existence of such marital contracts in every instance out of concern that this will undermine the marriage. The Church believes that marital vows are permanent, while prenuptial agreements formally recognize that they may be temporal and that the lawful division of assets between separated spouses may be necessary. Parish priests ask all engaged couples whether they have signed a prenuptial agreement during their first meeting. If such an agreement exists, the priest is required to obtain a copy of this document and must send it to the Catholic Department for Canon and Civil Law Services, where church officials determine if a Catholic wedding may proceed.
After obtaining a copy of the prenuptial agreement, the priest advises the engaged couple that they must put their marriage plans on hold until they receive a positive response from the Church. If the prenuptial agreement is rejected, the engaged couple must formally terminate their contract before a Catholic wedding may take place.
Christian Widows
- While the Catholic Church prohibits couples from marrying if their prenuptial agreement focuses on the division of assets following divorce, Church officials are more lenient when dealing with widows and widowers seeking to remarry. If the widow's main reason for a prenuptial agreement is to ensure that children from a previous marriage are guaranteed their inheritance, church officials will not require the termination of the marital contract. As such, those seeking a Catholic marriage must ensure that their prenuptial agreement determines the division of assets in the case of death and not because of divorce. Catholic Canon law allows for prenuptials only if the document serves to protect a third party, such as children or elderly dependents.
- In contrast to the Catholic Church, Protestant denominations do not require engaged couples to disclose or rescind their prenuptial agreement. Yet mainstream Protestant churches do express concerns similar to those of Catholic priests that prenuptial agreements treat marriage as temporal. Conservative Christian organizations emphasize that a church marriage is a spiritual covenant rather than a legal contract. While contracts can be terminated and place limits on the responsibilities of both parties, a covenant is everlasting and all-encompassing. Canon law does not require Protestant pastors to turn to a higher church authority before performing a wedding for those with prenuptial agreements, but all ministers stress that marriage must be viewed as a permanent commitment.
How to Get a Common-Law Divorce
- Understand that in some states you can live together as a couple for a number of years and be considered legally married without ever having had a wedding ceremony.
- Know that if you are living with a partner and decide you want a "divorce," you will need to first consult your state's law to determine if common-law marriages are recognized by your state.
- File divorce papers if common-law marriages are recognized, you can file divorce papers, asking a court to dissolve your marriage, divide your property and determine custody, child support and alimony.
- Realize that if common-law marriage is not recognized in your state, or if it is and you would rather not go to court for a divorce, there are several options available to you that will help you end your relationship and tie up legal loose ends.
- See a mediator. A mediator can help you resolve all of the issues before you and set out your agreement in a binding contract. Mediation can solve all of your issues in one process.
- File papers in your local family court. If you have children with your partner, you will need to have a determination of custody, visitation and child support. You do not need to be married to have a court assist you with this.
- Try to divide your property on your own. Have each person take what he or she brought to the marriage and divide the rest in half or in any way that you both feel is fair. If you are unable to do so, you can file a small claims case for return of property and the court will divide up the property.
- Recognize that whoever is named as the debtor on any debts will be the person who is legally responsible for the amount owed. It may be possible to go to small claims court and prove that a promise was made by the other party to pay some or all of the debt.
- Find out if your state allows palimony suits. These are cases that seek alimony by unmarried partners. You should talk to an attorney experienced in this area.
How to Prove a Common-Law Marriage in Texas
Covering the Basics
- First, you must meet the basic legal requirements for married couples in Texas. A common-law marriage isn't a means to create a union that would otherwise be illegal in the state. This means that the parties must be a man and a woman, and neither can be married to anyone else. You must not have had a divorce in the previous 30 days. The parties can't be related to each other and must be at least 18.
Three-Pronged Test
- To prove a common-law marriage in Texas, you must meet three requirements. First, you must mutually agree to be married. For example, a man can't insist he's your husband if you don't consent. Second, you must tell other people you're married. This can be done through several means, such as introducing your partner as your husband, signing an apartment lease as husband and wife, or filing a joint tax return or credit card application as spouses. Finally, you must live together in Texas as husband and wife. For example, if you told people in Louisiana that you were married, but never represented yourself as a married couple after you moved to Texas, you wouldn't qualify for common-law marriage in Texas.
Making It Official
- If you meet the requirements, your union will be considered a legal common-law marriage. You can formalize the common-law marriage in Texas by filing a declaration of marriage form with the Bureau of Vital Statistics at your county clerk's office. Keep in mind that not all states will recognize the validity of your union. If you decide to move from Texas to another state, consult with an attorney or contact the new state's county clerk to find out if your common-law marriage will be valid there.
Providing Proof
- You may need to provide proof of your common law marriage in court if, for instance, you are getting divorced and need your property divided. If you have proof of all three elements — mutual consent to being married, living together in Texas as husband and wife, and telling other people you're married — then the court will recognize your common-law marriage. Your own testimony or testimony of witnesses can help. Documentation that you've lived together in Texas is a form of proof, as is showing joint tax returns or credit cards you signed as spouses.
Abandoned Personal Property Laws in Ohio
Duty to Safeguard Property
- A landlord in Ohio has the duty to safeguard a tenant's abandoned property for at least 30 days. The landlord may store a tenant's personal property from an abandoned rental unit in a different location, including a storage locker or unit, and must inform the tenant in writing of where she may claim the property. If the tenant doesn't respond, the landlord may sell or discard the tenant's personal property after the 30-day limit expires. A landlord may auction off any personal property valued over $300. Many municipalities in Ohio have their own ordinances.
Abandonment Lease Clauses
- Ohio lease may contain an abandonment clause if the parties agree. This clause defines the activities that constitute abandonment, including a list of conditions that must occur for the landlord to consider the rental property abandoned. A properly drafted clause also establishes how and where a landlord will store a tenant's property after the lease ends. Even if the clause isn't enforceable in court, there's no direct penalty to the landlord for including it in the lease agreement.
Conflicts in Ohio Code
- Landlords run into trouble if the abandonment clause in the lease conflicts with state law. For example, the landlord may dispose of the tenant's personal property after just 10 days because the lease says he can, whereas state law requires him to safeguard the tenant's property for at least 30 days. In this scenario, state law prevails. Furthermore, the court may invalidate any lease clauses which it feels are unconscionable and diminish a tenant's rights under the law. This can quickly turn the tables on landlords and enable tenants to sue them to recover damages from destroyed personal property.
Foreclosure and Abandoned Property
- In some cases, a family may vacate a foreclosed property and fail to remove all personal belongings. The sheriff, bailiff, constable or police officer supervising the eviction ensures the removal of personal property from the foreclosed property. Ohio law protects the law enforcement official from any lawsuit or liability sustained in removing personal property from the premises while enforcing a writ of execution from the court.
Instructions for Filing a Common Law Lien
The Lien Holder
- File a statement of Intent to Record a Common Law Lien against the owner's property with the county recorder in the county where the real or personal property is located. Your statement must include information on the property owner, the address and description of the property's physical location and the amount of the debt you claim is owed. You must file within 60 days of the date you last performed work or provided service. The county official will send a copy of the Intent to Record to the property owner.
- Allow 30 days for a response from the property owner.
- File suit against the property owner within 30 days if he responds with a Request to Commence Suit. If you don't file suit within 30 days, the lien becomes void.
- File a Certificate of Satisfaction if you and the property owner reach an agreement about settling the debt. The certificate releases the lien against the property. Record the certificate with the same county recorder where you filed the statement of Intent to Record a Common Law Lien.
The Property Owner
- Send the lien holder a Notice of Request to Commence Suit within 30 days if you wish to challenge the lien holder's claim. Send the notice by registered mail or by certified mail, return receipt requested, to the address on the lien holder's statement. The lien holder has 30 days to file suit. If you agree that you owe the lien holder a debt, then contact the lien holder to try to negotiate a settlement.
- File an affidavit of service with the county recorder to request the release of the common law lien after 30 days if the lien holder has not filed suit. Include on the affidavit the date the lien holder received the Notice of Request to Commence Suit.
- Write an additional statement that the lien holder has not filed suit and that the courts have not rendered an unsatisfied judgment. Attach a copy of the Notice of Request to Commence Suit and a copy of the certified mail return receipt indicating when you mailed the notice to the lien holder. Be sure to keep copies of the notice and the affidavit records.
Proper Way to Wash a Catholic Purificator
- Soak the purificator in cold water immediately after it is used. If there is visible consecrated wine on the cloth, then salt, vinegar or stain treatments can be added to release the stain. If possible, the water should be poured onto the ground near the church out of reverence for the Divine Presence.
- Wash the purificator in hot water with detergent. Machine washing is acceptable, but hand washing is recommended because the cloths are usually fine linen. Do not bleach because this will discolor the linen.
- Rinse the purificator thoroughly until all detergent is removed. Hang the purificator to air dry, or press it with a clean linen towel. While the purificator is still damp, lay it face down and iron it with a light application of starch to raise the embroidery. Iron in straight lines, not swirls, to avoid deforming the weave.
- Fold the ironed purificator into thirds toward the middle along both the length and the width. The folded purificator should be a square about 4 inches to a side with the embroidered cross in the middle. Do not iron the folded purificator as this will cause severe creasing.
What Is the Role of Law in Business?
Contract Law
- Contract law is a broad field that governs the conduct of business in many areas including contract drafting, assignment of rights, transactions, delegation of duties, what agreements have to be in writing, conditions to a contract, breach and remedies. The Uniform Commercial Code (UCC) is an important area of contract law that governs the sale of goods. Typical contract issues include whether an enforceable contract exists and whether a party has breached their contractual duties. The law governing contracts tries to ensure that each party to a contract understands what is expected of them and that there is a legal remedy if problems arise.In addition to sales, non-competition agreements and non-disclosure agreements fall within the body of contract law.
Intellectual Property
- Intellectual property law includes patents and trademarks. Just as real property law is concerned with rights relating to a piece of property, intellectual property is concerned with rights relating to products of the mind.Acquiring patent rights is an important strategy for many tech companies because if they have the patent to an invention, they may exclude others from making and using that invention.
Acquiring trademark rights is important because it prevents product confusion among consumers.
Patent rights and trademarks rights can be licensed to another company. Such licensing rights are governed by contract law.
Corporate Law–Formation
- Corporate law governs formation of corporate businesses. State corporate codes provide rules and regulations regarding articles of information, bylaw, boards of directors, and other elements involved in forming a corporation.Generally, a corporation can be formed by sending a copy of the articles of incorporation and a small fee to the Secretary of State. State websites usually have much helpful information about this.
Other parts of the corporate code define what types of acts are ultra vires (outside the corporate purpose), duties of officers and directors, and grounds for corporate liability.
Corporate Law–Securities
- Just as state laws govern the formation of corporations, federal laws govern the sale of corporate equities. Much of this law is derived from the Securities Act of 1933 and and the Securities Act of 1934. These laws govern the issuance of stock. They prevent insider trader and manipulation of stock prices.
Others Laws
- Depending upon the type of business, many other laws may be relevant to your business. For example, municipal health codes may apply to the sale of food. Federal Department of Transportation codes may govern the transportation of hazardous chemicals used in a variety of businesses. Federal Occupation and Safety Laws protect the workers in your business. Tax codes govern whether you charge tax for your product, and in turn, whether you can be taxed.
Definition of Common Law Marriage in Colorado
- Common law marriage in Colorado requires a man and woman to cohabitate. Colorado does not require a couple to live together for a particular period of time to establish this element of a common law marriage.
Mutual Agreement
- Another element of common law marriage in Colorado is the mutual agreement of the parties to be married.
Public Demonstration of Marriage
- The couple holds themselves out to other people as husband and wife, a married couple.
Same Sex Couples
- Same sex couples in Colorado cannot enter into a common law marriage. Even if they meet the requirements of cohabitation, mutual agreement and holding themselves out as a married couple, Colorado statutes and court decisions do not permit a same sex common law marriage.
- A common misconception associated with a common law marriage is that the couple can achieve a "common law divorce." In fact, if a legally valid common law marriage exists, the couple must obtain a traditional divorce through the court system.
Canon Law Requirements for Godparents
General Guidelines
- The parent or guardian of the child must choose the godparent. Catholic children may have only one godparent of each sex. A common practice in the Eastern Orthodox Church is for the parents' bridesmaid and best man to be the godparents of a first-born child, although the parents are free to choose other godparents.
Personal Guidelines
- For Catholics, godparents must be at least 16 years old. For Orthodox Christians, the godfather must be at least 15 and the godmother 13. A godparent may not be the child's biological or adopted mother or father.
Religious Guidelines
- For Catholics, the godparent must be a Catholic who has received the sacraments of baptism, confirmation and the Eucharist. In certain cases, a Catholic child's family may receive permission to have an Eastern Orthodox godparent. Orthodox Christians must choose godparents who are baptized members of the Orthodox Church and who have a knowledge of the faith and the Church's moral teachings. The godparents must also understand the meaning of baptism as defined by the Church and be in good standing in sacramental communion.
Other Guidelines
- A Catholic godparent must not be guilty of breaking canon law. Those who have received a canonical penalty may not be godparents. Eastern Orthodox godparents may not be guilty of sins known to the community.
What Is the Canon Law?
- Canon law has its roots in the early Roman Catholic Church, initially being developed during the First Century A.D. at the Council of Jerusalem. The canon law of the Roman Catholic Church, having been used for nearly 2,000 years, is the oldest legal system to be found in the Western world. At the height of the Holy Roman Empire, canon law governed not only matters pertaining to the church but civil issues as well because the Catholic Church (in the person of the Pontiff) was both a religious and governmental authority.
- The Codes of Canon Law of the three religions mentioned a moment ago govern the religious and to a significant degree the personal lives of the members to these churches. The Roman Catholic Church alone has more than 1 billion members worldwide. As a consequence, the individual Code of Canon Law of these churches theoretically has a significant impact on the lives of a large segment of the world's population.
- Although the function of canon law has evolved over time, in today's world canon law governs the organization of the church itself. Canon law sets forth the manner in which members of the church are to conduct themselves not only in their relationship and interaction with the church but in their personal and civic lives (to some degree) as well.
- The ultimate effects of canon law have been profound. Not only does canon law remain a vital code pertaining the lives of hundreds of millions of Christians all over the globe, all Western legal systems ultimately can trace their origins to early canon law. This includes both civil and common law legal systems as they have developed throughout all of Europe and North America.
- There are two common misconceptions associated with canon law. First, many people wrongly assume that canon law largely is irrelevant today. What these individuals fail to understand that it is canon law is controlling the manner in which the largest group of Christians in the world worship and conduct their spiritual affairs. Second, other people believe that the heads of churches that adhere to canon law–specifically the Roman Catholic Pontiff–dictate all elements of canon law and are infallible when they make decisions in this regard. In fact, the last Pope to make a statement deemed to be infallible and an absolute matter of faith was Pius XII in 1950.
Why Was the English Common Law Important in the Development of the American Legal System?
- The English Common Law can find its beginnings in the systems of unwritten customary law that were common among the Germanic tribes prior to their conversion to Christianity. In particular, English Common Law began with the customary laws of the Angles, the Saxons and the Jutes, all of whom had originated in modern Denmark and northern Germany, but invaded former province of Britannia following the Roman withdrawal from the island. These customary rules formed the basis of the English legal system, even after the Norman Invasion. As English criminal law began to take the form of written statutes, civil, procedural and administrative law continued to follow the ancient tradition of unwritten law inherited from the Germanic tribes. As England, and later Great Britain, colonized new lands, it exported this legal system to those places, along with its people.
American Common Law
- Every one of the original 13 colonies that came to form the United States was organized under a legal system derived from that of their Britannic motherland. When the colonies declared independence, they nevertheless continued to follow in this tradition. As a result, English Common Law, as it had existed prior to the American Revolution, formed the basis for American civil, procedural and administrative law. However, since that time, the severance of American legal connections with England forced the development of a uniquely American Common Law.
Basic Characteristics
- The common law is a law of precedent, building upon past decisions like the layers of an onion. These decisions tend to come in the form of judicial rulings, made where the statutory law has not otherwise provided. But even the very basis of the American judicial system, that questions of fact are decided by juries of free citizens, is itself inherited from the common law.
Legal Hierarchy in Federal Law
- Within the context of United States federal law, there presently exists a hierarchy of laws that helps to cover every potentiality. At the top of the hierarchy is the Constitution — anything that contravenes it does not stand. Next are the statutory laws, the legal enactments of Congress, which are inferior to the Constitution but superior to common law. Finally, the common law, built upon centuries of judicial decisions, fills in for things not handled by the Constitution and statutes — but the common law is null whenever it disagrees with them where their provisions have relevance.
In State Law
- Every state in the Union, with the sole exception of Louisiana (which operated under a civil code in the French tradition) has its own similar hierarchy of constitutions, statutes and common law. Due to the fact that the United States Constitution only delegates a finite number of powers to the federal government, these systems in the states tend to cover more cases than federal law. However, state laws of all types are inferior to federal law whenever Congress has exercised its constitutionally granted authority.
California Common Law
Where It's Recognized
- Twelve U.S. states recognize common-law marriage: Alabama, Colorado, Iowa, Kansas, Montana, New Hampshire (but only for inheritance purposes), Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah. The District of Columbia also recognizes common-law marriage.
Marriage Criteria
- If you live in one of the states that recognize common-law marriage, you should know that such a marriage can exist only when: a heterosexual couple live in a state that recognizes it; they have lived together for a significant length of time (not defined by any state); the couple present themselves as a married couple, using the same last name, calling each other their spouse, and filing a joint tax return, for example; and the couple intend to be married.
- Unless all four of the above statements are true, there isn't a common-law marriage. Just like in a conventional marriage, when a common-law marriage exists, a couple must go through the same formal divorce process to end the marriage.
Expert Insight
- Family Law Free Advice states that if a couple move from a state that recognizes common-law marriage to a state that doesn't, the new state will usually recognize the marriage. That means that if a couple lived in Montana, where their common- law marriage was recognized, and they move to California, California will most likely recognize the couple as being married.
- In the book "Living Together: A Legal Guide for Unmarried Couples," it says that if you live in a state that recognizes common-law marriage and don't wish to be married, it's a good idea for both of you to sign a statement clearly stating your joint intent. If you use the same last name or share property, it's important to do this; otherwise a common-law marriage may later be found to exist.
Florida Gun Registration Laws
- Anyone who legally purchases a firearm in the state of Florida is not required to register that gun in the state. This applies to handguns, rifles and shotguns. Gun retailers and dealers must be registered with the state and follow Florida's recording and reporting laws. In addition, they cannot sell a gun to any minor under the age of 18.
- Florida requires any resident who carries a firearm to obtain a permit to carry a concealed weapon. Obtaining a permit requires a clean background check, in addition to paying the necessary licensing fees. Proof of gun ownership is not required to obtain a permit.
- Florida's gun laws allow residents over 18 years of age to own handguns, rifles and shotguns and to apply for permits to carry concealed weapons. No registration of a firearm is required.
How to File for Common Law Divorce in Texas
- Determine whether you are in a common-law marriage. In Texas, there are two ways to enter into a common-law marriage: Filing a certificate with the court clerk stating that you are married under common law; or living together and holding yourselves out to the public as married. In the latter case, both parties must be 18 years of age, share an exclusive residence, hold themselves out as married and consider themselves married.
- Decide whether divorce is necessary. If you filed a certificate with the court, then divorce is required. If you entered into a common-law marriage incidentally (by living with someone and calling each other spouses), then divorce is not necessarily required under Texas law. However, if you have children or substantial property or assets with your common-law spouse, it is recommended that you file for divorce unless you can agree on the division and all obligations amicably.
- Hire an attorney if you do not wish to represent yourself. An attorney will be able to complete the appropriate forms, and negotiate a divorce settlement or custody agreement on your behalf. If necessary, a divorce attorney will go before the court and argue your side.
- Complete an Original Petition for Divorce and an Affidavit of Consent for your partner to sign stating he does not contest the divorce. Both forms are available online and directly from your local district court. There are several forms to choose from, depending on whether you have children and other factors. Fill in the questions on financial and custodial considerations. File the forms with your local district court and serve them on your partner. Attend court hearings to determine the appropriate division of your assets, and rights and obligations regarding children.
- Enter into a divorce agreement with your partner if you both do not wish to have the court decide the division of assets and the rights and obligations regarding children. If the agreement is not outlandish, the court will enter it as an order, making it enforceable in the future. This agreement may provide for alimony payments, child visitation, division of property and child support payments.
Description of a Business Law Degree
- Business law degrees are available at the associate, bachelor's and master/doctoral degree levels. An associate degree incorporates basic legal issues as well as general management courses and specific skill courses on legal practice work. Bachelor's degrees concentrate less on specific legal office skills and have more emphasis on business and legal theory. A JD/MBA is a dual degree that is both a master's and a doctorate and is an academically rigorous program designed to produce a fully qualified lawyer and businessperson.
- Both MBAs and attorneys are in demand, and candidates who can offer both are in a particularly good position. Whether you want to be an attorney who specializes in business law or a businessperson that can advise her company on legal issues as well, the combination is extremely valuable both to business and to government.
Getting a degree that specializes in both can also substantially reduce the time that would ordinarily take to develop both spheres of expertise. While a JD ordinarily takes three years and an MBA takes two years, the dual degree takes four years total.
Time Frame
- These degrees can now be pursued either on campus or remotely, part-time or full-time. An associate degree pursued full time can be accomplished in two years, a bachelor's degree in four, and a JD/MBA in four. When taken on a part-time basis, the dual degree may take up to six years. Be sure to calculate an additional six months to a year for the application process, including the time necessary for preparing for and taking LSAT and GMAT entrance exams. The time necessary to study for and pass a state bar exam varies by the individual.
Salary Expectations
- The average salary for a business law graduate with a JD/MBA in 2009 was about $87,000, with a range of $60,000 to $100,000. Paralegals with a business law bachelor's degree can expect an average salary of approximately $40,000.
- Though demand for people with MBAs and law degrees is high and growing, competition is also fierce. Pursuing this degree will require a high level of dedication in order to stand out from the crowd academically and, therefore, professionally after graduation.
One of the most valuable things you'll get from your education is your network of professors and classmates. Don't miss out on opportunities to build relationships while you're in school. Those contacts will be able to help you throughout the rest of your career.
How to Study for a Business Law Exam Read more
How to Study for a Business Law Exam. A course in business law provides a good foundation to a successful career in the corporate world. Here are some steps to help you study for a business law exam.
- Start early. The last thing that you want to do before an exam is cram. You will retain very little information when you wait until the last minute. Take advantage of the syllabus and set up a study schedule and stick to it.
- Gather your course material. You are going to need to refer to the information when you sit down to study. Have all your notes, handouts and textbooks near you. By having all of the information, you won't have to constantly look for course material during your study time.
- Analyze case studies. Familiarize yourself with past and current cases. This will help you with your business law exam.
- Get supplemental information. It never hurts to find related outside materials. They can come in the form of an article, a website or class-related textbooks.
- Find a place. Having a proper place to study is important. Stay out of common areas such as your living room, student union or any other place that will be distracting. The library or your bedroom are the best places as long as they are quiet and free from disturbances.
- Take breaks. For every hour that you study you will want to take 10- to 15-minute breaks. This will keep your mind fresh and you will be able to study for longer periods of time.
- Ask for help. There are people that you can turn to when you are in need of assistance. Your professor, tutoring center and other students are all valuable resources when you find yourself not understanding something that is going to be on your business law exam.
Contract Law Summarised; Explanations, Definitions, Cases
Of the various agreements made some are social or domestic; some others are contracts – legally enforceable.
Jones -v- Padavattan 1969 was about an agreement between a mother and daughter ~the mother had promised to support her daughter during her studies the daughter argued -the judge decided that it had not been intended to be legally binding, so it was a domestic agreement.
But in Simkins -v- Pays 1995, the mother and daughter had intended to be legally bound by jointly entering a competition to share the prize won, it was a contract.
In Jones -v- Vernon Pools Ltd. 1938, and also in Appleson -v- Littlewoods Pools 1939, there was an intention to be bound legally, but it was one-sided; the other had not so intended it to be, for the football pool company showed that the coupon contained the words 'binding in honour only', and it was not enforceable.
A Local Authority did not have to sell a house at the price applicable at time of application -which it was to consider; no offer existed to accept but an invitation to treat: Gibson -v- Manchester C. C. 1997.
A reward-poster (if a product did not protect against influenza) was Intention to be legally bound, as Offer, and Acceptance too had Consideration -the essentials of a contract: Carlill -v- Carbolic Smoke Ball Co. 1893.
A Contract is distinguished from other forms of agreement by determining whether it contains those three basic essentials -as matters of fact, oftener of law.
An agreement is a Contract if it contains the three basic elements of Intention to create Legal Relations, Offer & Acceptance, and Consideration; but what constitute these, how, and why, or not, are matters, mostly, of precedent; therefore, it is useful, on each of these, to look at some more of such precedent…
Intention to Create Legal Relations: It is, of course, most unusual when commercial agreements between businesses are made that a legal relationship was not by both parties intended to be created; it is, essentially, more so a different situation than an exclusion clause making it binding in honour only, when, while may have been intended as a matter of fact, that an agreement may not be made the subject of the jurisdiction of the courts -in terms at least of whether it is legally binding, is not capable in law of having been intended; yet a contract in Rose & Frank Co.-v- J P Crompton 1925 was not the agreement -it showed that a legal relationship was not intended to be created.
That the husband would pay his wife £30pm was not intended in Balfour -v – Balfour 1919 to be binding; that he was to repay the mortgage and transfer ownership of the property to her in Merritt -v- Merritt 1970, as she had asked him to be put in writing and he had, was intended as binding ~as meant a travel firm's sign that failed holidays would be reimbursed for in Bowerman -v-ABTA Ltd. 1995
Offer and Acceptance: An 'offer' is not an 'invitation to treat' ~an advert. in Partridge -v- Crittenden 1968 was an invitation to treat as the numbers of birds could not be infinite to make it capable of being ad-infinitum accepted -in Pharmaceutical Soc. -v- Boots 1953 drugs in self-service store could not be an offer to sell as a chemist at pay-point could refuse to. Nor is it 'information' ~'Will sell? State lowest price' replied to stating it was information in Harvey -v- Facey 1893; the announcement of the auction cancelled did not in Harris -v- Nickerson 1783 entitle to travel expenses, as in Pane -v- Cane 1789, a bid constituted the offer.
Nor is an offer unwithdrawable if the offeree is informed -by anyone Dickinson -v- Dodds 1876, before acceptance Byrne -v- vanTienhoven 1880 ~and it can lapse eg shares Ramsgate Victoria Hotel -v- Montefoire 1866, or if goods become damaged or destroyed, or by a counter-offer (£950 ok?) Hyde -v- Wrench 1940, or if the offeror rejects it or dies.
A valid offer, therefore, as an expression of a proposition willingly to contract, can be, as by a reward poster in Carlill to any or many persons, if communicated -e.g. by biding by raise of hands, with clear terms, while it exits capably of being accepted.
Acceptance of such a valid offer constitutes contract.
Agreement to the offer is 'acceptance' -if communicated.
Generally, the offeree's silence is not tantamount to acceptance and 'if I don't hear from you I'll deem it so' in Felthouse -v- Bindley 1862 did not constitute it.
Any effective way will do, Entores -v- Miles Far East 1955, if fax or e-mail, during working hours or the following work day: Brinkbon -v- Stahag Stahi 1982. If acceptance is posted or telegraphed, it is effectively made, even if it is incorrectly addressed and delayed Adams -v- Lindsell 1818, or lost in the post Household Fire -v- Grant 1879 -unless handed to a postal staff not authorised to receive mail; such acceptance is, and the contract is made, at that time -even if before its receipt the offer is withdrawn Byrne -v- vonTienhoven 1876 ~and, Blackpool Aero Club -v- Blackpool C.C. 1990, the offeror must check his mail before closing the offer.
The offeror may prescribe a way of acceptance -then only that, or possibly one more advantageous to the offeror, will do; in Ediason -v- Henshaw 1819 postal acceptance was not as specified -giving it to the driver; if unspecified conduct may imply it -e.g. purchasing aware of the offer, Carlill.-v- Carbolic Smokeball Co. 1893.
Acceptance must be unqualified, 'subject to contract', or Neale -v- Merrett 1930 'the rest later', is not so; unless it is capable itself of acceptance, Hyde -v- Wench 1840, requesting information is not a counter offer barring later acceptance, Stevenson -v- McLean 1880.
Consideration: A contract's point is consideration: 'executed' -something done because of which another has to also; or 'executors'-to be done because of which a contract will exist that another will have too ~it is the benefit or the detriment involved: Currie -v- Misa 1875.
What is contributed to the bargain must be of some value – not necessarily adequately matching the other's: in Thomas -v- Thomas 1842 £1pa rent was so; and in Chappel & Co.-v- Nestle Ltd. 1960 chocolate wrappers were the stipulated consideration for a music record.
Consideration is owed in return for pre-agreement considerations: the King's favour was got upon the other's request, not for £100 overjoyed promised later in Lampleigh -v- Braithwaite 1615; the children's promise to pay was after repairs were begun in Re. McArdle 1951; also not for a duty: in Glassbrook Bros. -v- Glamorgan C.C. 1925 it was more than the job of the police, in Hartley -v- Ponsonby 1857 more than the sailor's, but in Stilk -v- Myrick 1809 it was the sailor's job -his duty. Nor, in is it owed to thirds parties -in Tweedle -v- Akinson 1861 the bridegroom was not a party to the parents' agreement to give the couple £500 ~unless since Contracts (Rights of Third Parties) Act 1999 named in or identifiable from a contract as beneficiary.
Consideration less than agreed is not good -Pinnel 1602 -except in settling debts, but is if fair commercially -more funds to complete job: William -v- Roffley 1990.
Terms: Those conditions which, if breached, entitle to remedies (depending on their status and the type) are 'terms'.
Express Terms, subject only to judicial interpretation, as a rule, cannot be argued, if in writing, to have misstated intentions: Jacobs -v- Batavia etc. Trust 1924 -unless unreasonably creating an inequity ~where oral, parole evidence is allowed: Hanish -v- Bank of Montreal 1969.
Implied Terms, unless by statute so, if customary or not occurring to the parties ('the bystander test') disregards business efficacy, are deemed so: In The Moorcock 1889 safety of the anchorage did not have to be express, nor in Liverpool CC -v- Irwin 1977 that dwellings must habitable. In Rowland -v- Divall 1923 that seller transfers ownership, Microbeads -v- Vinehurst Road Markings 1975 buyer's right to quiet possession, Priest -v- Last 1903 (scalding hot water bottle) merchantable quality and Grant -v- Australian Knitting Mills 1936 (underpants -dermatitis) fitness for the purpose, Beale -v- Taylor 1967 that sale is by description also when upon inspection, are, respectively, ss. 12 & 12(1), 12(2), 15, Sale of Goods Act 1979 ~in s. 15 the bulk must be as the sample in quality, ss. 1(2) & 1(2B) Sale & Supply of Goods Act 1994 limited fitness to 'satisfactory', s. 1(2C) quality if defect not told of or where examined could not have been reasonably noticed ~they must not be serious: Frost -v- Aylsbury Diaries 1905 (contaminated milk -death), ss. 13, 14 Supply of Goods & Services Act 1982 imply reasonable care-skill-time; interpretation is strict: Re. Moore & Landau 1921.
Conditions are terms entitling to withdraw from the contract and sue if breached. A singer's partly not turning up to perform breached a condition: Poussard -v- Spiers & Pond 1976. In e.g. the Sale of Goods Act 1979 s. 12(1), seller transfers ownership, s. 15, bulk must correspond to sample, are implied conditions.
Warranties if breached are of trivial consequence, not entitling to withdraw from the contract: 19 out of 24 months could still be worked a ship in Hong Kong Fir Shipping -v- Kawasaki Ltd. 1962; a singer only from rehearsal had been partly absent: Bettini -v- Gye 1876. In s. 12(2) SGA a buyer's quiet possession is an implied warranty.
Exclusion Clauses limit or disclaim liability, if not inequitably in bargaining power, as in Photo Productions -v- Securicor Transport 1980 for failures of employees -both equal in power and legal advice. In standard contracts, they are binding on who sign them: L'estrange -v- Graucob 1934; but how & when incorporated matter; on a receipt it would not do: Chapelton -v- Barry UDC 1940, it had to be pointed out: Spurling -v- Bradshaw 1956 -'red hand rule', it could not be relied on contained in the delivery: Interphoto Picture Library -v- Stiletto Visual Programmes 1988, nor on a sign in a room (theft) -contracted at the reception: Olley -v- Marlborough Court 1949.
They are confined to the matters excluded, strictly interpreted -ambiguity unfavourably to a party seeking enforcement -'contra-preferentum rule': Pollock -v- Macrae 1922.
The Unfair Contract Terms Act 1977 makes them void for death, personal injury, loss, damage, negligently caused -reasonableness in circumstances as proof of one relying on it. Supply of Goods & Services Act 1982 & 1984 invalidate suppliers' exclusion of statutory implied terms; so the Unfair Terms in Consumer Contracts Regulations 1994 any unfair individually unnegotiated -it requires plainness in written consumer contracts, allows consumer organisations to challenge terms.
Discharge of Contracts: Fulfilled or comes to an end.
Performance is when the parties have fulfilled their obligations -not necessarily fully nor all at once. Part performance, if substantial, does not entitle to withdraw: Hoenig -v- Isaacs 1952 (£55 of £750) ~in severable contracts if performance in stages ceases, part performed must be paid -so also if prevented performance: Planche -v- Colburn 1831 (cancelled £100 job done £50 payable on a quantum meriut basis); to accepted part performance ends the contract and any remainders may be contracted for anew.
Agreement to other considerations is new contract: Pinnel 1902.
Breach of a condition frees the other party of obligations; of a warranty, only entitles to sue for damages.
Frustration is when it is, or becomes, due to no fault of either party, not possible to carry out the contract; if so when made, it does not exist: Paradine -v- Jane 1647; else, it is a breach which makes it void: Taylor -v- Caldwell 1863 (destruction of the subject -hall burnt down) and Condor -v- Boron Knights 1966 (incapacity re. personal service -ill) and Re. Shipton, Anderson & Co. 1915 (government intervention or supervening illegality -state requisitioned it) and Krell -v- Henry 1903 (non-occurrence of sole purpose -event cancelled). Under The Law Reform (Frustrated Contracts) Act 1943 money paid before the frustration is irrecoverable, if due is not payable; a party is entitled to expenses, and a valuable benefit has to be paid for: Gamerco -v- ICM Fair Warning Agy. 1995.
Remedies: Breach of one's contract entitles remedies.
Damages are the actual financial loss of the wronged party that were in the reasonable contemplation of both of the parties, at the time they contracted, as would naturally arise from the wronged party's normal activity: Hadley -v- Bexendale 1845, and any not so but of which the parties were expressly informed: Victoria Laundry -v- Newman 1945, in loss aiming to put the wronged party in the position that he would have been if the contract had been completed: Jarvis -v- Swan Tours 1973 ~general damages for distress or annoyance being recoverable where comfort or freedom from discomfort (e.g. holiday contracts) is the basis of a normal commercial contract: Alexander -v- Rolls Royce Motor Cars 1995 -but Forthsyth -v- Ruxley Electronics & Construction 1995 did awarded for amenity and disappointment (less deep pool than ordered); but one's must have taken steps to mitigate his loss: Brace -v- Calder 1895.
Quantum Meruit is piecemeal as an implied term, unless conditional to completion: Sumpter -v- Hedges 1898.
Equitable Remedies may be specific performance if only that would do (e.g. land sale), except for personal services: Lumley -v- Wagner 1852; or injunction if must prevent, also in personal services: Warner Bros. -v- Nelson 1937.
Liquidated Damages as terms in advance agreed which are fair Dunlop Tyre Co. -v- Garage Motors 1915, not tantamount to a penalty: Ford Motor Co. -v- Armstrong 1915 (above list-price).