I was wondering about this since a couple of weeks ago. A friend of mine and some of his buddies were on their way to Myrtle Beach SC and they were stopped by one of the local sheriffs in one of the small towns on the highway down there. Of course there are all sorts of these little places down there and they make their police budgets off writing tickets to tourists. I was wondering about what are your rights while you are being pulled over by the police. Of course in this case they were looking for something that was not there. It was pretty obvious to all of the people in the car that these guys were looking for drugs, and they claimed that they smelled marijuana smoke. Continue reading
Whether you are an entrepreneur, an employee or a business major in college, you will encounter various aspects of commercial law in your daily life. Commercial law is one of the most important things that every businessman out there needs to know about, and it constantly changes. Consequently, you are going to read some business law books to keep yourself updated.
Theories can be boring, especially if reading through dozens of business cases is not your idea of a good time. C. E. Bagly and C. E. Dauchy’s The Entrepreneur’s Guide to Business Law may just be the perfect book for you. It is very easy to read, especially for those that do not have any prior knowledge about the topic. This book is good to start with so that you can understand all about business law. For some people, it may be the only book they need.
R. A. Mann and B. S. Roberts’s Smith and Roberson’s Business Law is more appropriate for academic purposes. If you are a college student who wants to gain a strong understanding of this subject, then this is the book for you. The good thing about this book is that it is regularly updated. It’s the perfect book for law students or students who are taking business law classes. Another book that is suitable for college students is Cengage Advantage Books: Business Law: Text and Exercises by R. L. Miller and W. E. Hollowel. The book is clearly written and is very concise; it uses the least complicated ways possible to explain a very complex topic. This will be the right book for those who have been facing difficulties in understanding most of the ideas that are written in thick, complicated textbooks. Continue reading
As a student is deciding their major, they choose one that will either help them excel or one that will help them change the world. In order to pursue both of these options, a law degree would be crucial. Law is the basis of society, and without it, chaos and disarray would ensue. In addition, law can lead to a multitude of other professions, such as government. Finally, a law major can ultimately help someone change the world for the better.
Order is made possible through the law, and without order society will crumble. With the study of law, students are exposed to the reasoning behind law and why it is so important to our world. It helps us develop our standards of living and ultimately shape what we, as people, will and will not tolerate. In addition, the law helps us to define in everyday terms what would be “right” and “wrong”. Law is an essential component in understanding why our world operates the way it does.
Law is the gateway to a plethora of other professions because in order to even receive a law degree, one must learn to think critically. Once you are proficient in this ability, then any occupation will be in your grasp. A perfect example of this would be a politician; politicians have to know and understand the law in order to make affective decisions to change said laws. Another skill that a law degree will help you hone is your speaking ability. To be able to stand and orate in front of people is a valuable asset that a law degree can help you obtain, and careers such as public speaking and business utilize this skill daily. With a law degree, almost any career can be accessible to you. Continue reading
Employment law came about due to the demands of workers to have better working conditions and to have the right to organize. Alternately, employers wanted to restrict the powers of workers in order to keep labor costs low.
Employers’ costs can increase when workers organize to win higher wages. Also, laws imposing costly requirements such as health and safety or equal opportunity conditions will dramatically increase their costs.
The state of employment law at any one time is therefore both the product of, and a component of, struggles between the employer and employee.
The contract of employment is the most basic feature of common employment law. This governs the employee and employer relationship in order to facilitate a fluid labor market. When an employee is hired, the essential terms are given to the employee. These must specify in concrete terms the hours to be worked, the term of wages, holiday rights, notice in the event of dismissal, job description and so on. Continue reading
Contracts are agreements between parties that the backed by the law and therefore can be enforced through the courts. The term ‘agreement’ necessarily means that the parties thereto agree to the arrangement mentioned therein. Not only should the consent of the parties be present but it is also essential to ensure that such consent is qualified by free will of the party. The consent which is given by free will is known as ‘Free Consent’ and is one of the essential elements to exist for the contract to be enforceable. The contract is either void or voidable if it is devoid of free consent.
According to the Dubai Law of Contract, 1971 (hereinafter referred to as ‘the law’) consent is said to be free only when the following factors are absent:
II. Unlawful Influence
III. Fraud Continue reading
While it cannot be denied that and immigrants have been crucial to the growth of United States, they have also been a constant source of conflict. The year 2009 saw that there were about 11.1 million immigrants who were in the United States illegally. Politicians have long stated the need for reform in Federal Law, but none have come up with a substantial bill to tackle the problem of effectively. Many immigrants get confused with the strict laws, and need help with immigration procedures.
Issues related to immigration and nationality are taken care of by the US Department of Homeland Security or the DHS that enforces immigration laws, processes immigration applications and petitions for legal status. The Department facilitates helps people obtain citizenship, while it cracks down on illegal immigrants. The Department ensures that people cutting in line are kept at bay and don’t gain advantage over the expense of those taking the legal routes to immigration. Continue reading
There is a growing number of entrepreneurs signing up for new franchise businesses. You probably have done all you could to get approved for the franchise business such as making visits to the franchise headquarters but still couldn’t completely understand the business system. As you know, there is a contract you must sign before you are allowed to open the new franchise business. It is important that you consult a franchise attorney prior to putting down your signature in the contract. A good franchise lawyer will do all they can to protect you in the law. They can help you in different areas such as territorial protection, audit expenses, transfer or ownership and etc.
Franchise attorneys are familiar with the content of the Franchise Disclosure Document (FDD). Prospective customers who are interested in opening a franchise will usually get a copy of the FDD. The FDD contains hundreds of pages and mentions a lot of technical law terms. There are 23 items outlined in the FDD that you need to review. Reviewing the FDD is necessary because the franchise arrangements can be unfair sometimes. Your lawyer can review the unfair terms in the FDD and help you to negotiate for better terms.
Franchise lawyers can help you to review the document because they have written many FDDs before. The lawyer is able to review the FDD disclosure, explain every single term, answer all your questions regarding the FDD. Some of the areas they cover include the fees, financing arrangement, and startup costs. Franchise lawyers are up to date with the latest franchise laws so they can always provide you with the best advice. They can continue to provide assistance for you even after you have signed up for the franchise. Without the help of a franchise lawyer, you may find yourself encountering issues after signing up. These problems can pile up and eventually you will find yourself losing leverage.
The franchise attorney can give you advice on the best franchise business to invest. The franchise law firm can explain to you the different types of business entities including LLC, S Corporation and C Corporation. They can assist you in creating contracts with important employees and offer advice when your franchise business did not succeed.
If you try to sue the franchise, the court may rule against you for failing to read and check the disclosure document. The franchise development director may tell you that there is no need to hire a franchise attorney because they want you to quickly sign the contract. Hiring a franchise attorney is necessary because the FDD is a very long document. You may miss out some important points if you try to read and understand it yourself.
In conclusion, it is best to hire a franchise attorney especially if you are new to franchising. The franchise attorney is knowledgeable in this field so they are qualified to provide advice no matter what questions you have.
A lot of workers may be questioning why hire a work compensation lawyer because they don’t fully understand the benefit of hiring the attorney. You have to know that most companies will have a work injury attorney assigned to defend them against you and your work compensation claim. The company usually hire qualified work injury lawyers who are experienced and will generally make things difficult for you. An experienced workers compensation attorney who represents injured workers can make sure you will be treated fairly. Workers compensation attorney will give you guarantee that you will receive the work compensation that benefits you. You are deserve this kind of treatment because you have been injured on the job. Your company has to be fully responsible about the injury you are claiming.
A local and experienced workers compensation attorney can assist you with selecting the right doctor. He will help you negotiating the insurance company and represent you at the Workers Compensation Appeals Board. You have to know that most workers compensation cases settle before trial, a qualified workers compensation attorney such as attorney in Iowa can get you the settlement you truly deserve.
You don’t need to worry if you want to hire workers compensation attorney. The reason is because they are not as expensive as you think. A personal injury attorney will charge you around 33% to 50% of your final accident settlement. Generally, worker’s compensation lawyers work for a 15% fee of your final settlement. If you hire an experienced workers compensation attorney, they will value themselves based on the work compensation case. If your claim is declines, a work injury attorney is your only choice to get the necessary help.
Try to hire reputable and local workers compensation lawyer that is familiar with your regional Workers Compensation Appeals Boards and their judges. This will benefit you to win the case.
This brief article describes conservatorships in California. In general, a conservatorship is established over an adult, while guardianships apply to minors.
There are generally two kinds of conservatorships: over the person and over the estate. Many times, one conservatorship case includes both types.
To establish a conservatorship over the person, the court must find that the proposed conservatee is substantially unable to provide for their food, clothing and shelter. The petition to create a conservatorship is usually filed by a loved one or family member who recognizes the elder’s inability to provide for these personal needs. In Riverside County, California, for example, the petition may be filed by the Public Guardian’s Office when no family member or other interested person is available to assist.
A conservatorship over the person should occur only when no reasonable alternatives are available. A future article will discuss such alternatives, but these include informal assistance from loved ones and powers of attorney for health care decision making. Sometimes, an elder unquestionably needs assistance but will not voluntarily agree to accept it. Their deteriorating mental faculties prevent them from recognizing the need and they simply refuse any help. Continue reading
Recruiting employees in the legal profession can be a grueling experience. Despite an exemplary application, an individual may be missing some of the basic attributes that you are looking for, but you realize this after it’s too late. A similar difficulty affects those who are seeking employment within the legal profession. You may have the education and experiences required but lack the connections necessary to find a good position. This is where a qualified legal recruiter can play a major role in your search.
Legal recruitment agencies are not in the business of working for the individual or the firm. Rather, it is their job as a legal ‘headhunter’ to locate the company or individual that either party is searching for. This is also referred to as an executive search. The executive recruiter is capable of finding positions for lawyers and other legal professionals, and works diligently to secure all high-level entries that requests have been made for. This same firm will determine which high-level candidate is best suited to a specific firm.
Agencies such as this are in high demand due to the fact that there are just a few of them that can be considered reliable, trustworthy, and competent. It is true that these agencies are not monetarily compensated unless the individual or firm is hired, but most do not want wasted time involved in their search. A great legal recruitment agency like The Heller Group does more than just help people find jobs and companies find employees. They provide advice and expertise in every facet of the legal profession. Check out the blog for The Heller Group to see how far their expertise reaches.
Companies want recruitment agencies that are known for filling positions quickly and with complete satisfaction. They do not wish to come across as rude, but in order to fulfill their position as recruiters, they cannot have their time relegated to persons or firms that do not fit the profile they have worked to maintain. This is a very competitive field and potential clients must prove themselves worthy of the time spent on them
Working without recruiters can in itself be a strenuous task. Positions can be left open for a considerable amount of time due to the fact that only top quality persons and firms are interviewed for the position. Recruitment agencies must have an open and ongoing conversation with its clients in order to find exactly what they are looking for.
Not all legal recruitment agencies work only at the executive level. There are any numbers of positions in the work field that must be filled. Between these two requirements it is not surprising that as many as one hundred telephone calls can be made in one day. This does not even account for the time it takes to build client records that contain all of the pertinent information involved in every firm or person listed with that recruitment company. Files are the backbone of these firms and without them they would cease to exist. It is vital that a trusting relationship be built between these recruiters and their clients.
Until a few years ago, the subject of elder law was something of a misnomer. Legislators didn’t recognize the need for legislation protecting seniors, which meant that elder law lawyers relied upon often less relevant statutes to help their clients. During this time, senior abuse and other unique problems were rampant and often went unpunished. Today, a litigation lawyer has many more options to help a client who has been the victim of abuse, neglect, or fraud. Although the specifics are constantly changing, understanding the broad subject will help you, whether it’s on behalf of an aging individual or for your own education and protection.
Longer Lifespan, New Legal Questions
The problem of aging is a relatively new one for our society. Many of the characteristic health and well-being problems that are associated with today’s seniors were unknown even 50 years ago. As health care improved, people began living longer, and the gap between the oldest in the population and the youngest became increasingly wide. Dementia, Alzheimer’s disease, and other problems of impaired judgment and functioning began to appear. Care facilities began to pop up, and with them came a host of opportunities for new forms of neglect. Continue reading
Personal injury lawyers have been described as sharks. They’ve been labeled as ambulance chasers and shady characters that are willing to embellish any injury that might be worth money. The judicial system is backlogged with frivolous lawsuits that end up costing everybody in the end. Well, stop for a minute and put yourself into that scenario. You’ve been injured by someone else’s negligence, and they don’t want to take responsibility. You will have to take the matter to court. Why would you give up 30 to 50 percent of a settlement to an attorney, when the case is open and closed?
They say that a man who represents himself in court has a fool for a client. That isn’t necessarily an assessment of your intelligence. What makes it foolish not to hire an experienced professional, is how you’re perceived by the by the court and the opposing attorney. Even if you are somewhat knowledgeable about legal proceedings, you still don’t have the expertise to know all of the loop holes. Your opposition knows this, and will try to take advantage of it. Insurance companies employ top-level experts whose sole responsibility is to prevent paying you any more than they absolutely have to.
This is especially true when dealing with a workplace injury lawyer. In Ontario, all on-the-job injury claims are processed through the Workplace Safety and Insurance Board. Although the WSIB was created to help workers, it’s funded by the insurance premiums that are paid by your employer. Their profit and loss is determined by how much they take in, compared to how much they pay out. It’s simple math. It’s not in their best interest to give you any more than they have to. Fortunately you can find a qualified WSIB lawyer at Goodman Law Group. Goodman Law Group staffs legal professionals that have worked for the WSIB in the past.
This doesn’t mean that they are going to try to cheat you. Everything they do is scrutinized carefully and regulated by the legal system. They will adhere to the letter of the law because they have to. However, there is often some interpretation to what the letter of the law actually spells. A reputable workplace injury lawyer will know these letters, and do everything possible to make them work in your favour, especially if you are appealing an unfavourable decision. Often, people wait to get denied before they decide to hire someone to represent them. This is when it’s an up hill battle, and you really need a good lawyer in your corner.
Whatever you do, don’t do it alone. Your job is to find someone that is good at theirs. Do some research and find an injury law firm that is well respected.
What is the one thing that every single person on Earth is doing right this second? Aging. It may be a cliché, but it’s true that every single one of us is growing older, and there is not a thing we can do to change that. What we can do, however, is make sure that our rights are protected in the event that we become unable to care for ourselves in our old age.
The field of elder law makes specific provisions for protecting the interests of seniors who have become incapacitated. There are several methods of going about this, but many of them involve some type of guardianship.
Conservatorship And Elder Law
Guardianship for elders, also called conservatorship, is not the same as it is for children. Filing a petition for conservatorship is a serious matter, and it’s best to consult with an expert in elder law before starting the process.
It is important to determine at the beginning of the process what kind of conservatorship is required. Full guardianship means that the guardian, or appointee, would have full control over the ward’s life, including making financial and medical decisions. If this is not necessary, there are several varieties of limited guardianship, including medical, financial, or co-guardianship, when the conservator shares that duty with another capable adult. Another possibility is temporary guardianship, which is meant to provide for short-term care in the event of an illness or other brief incapacitation. Continue reading
Due to the fact that we must protect the elderly in care centers, convalescent homes, hospices, and while under supervision with in-home care we have many laws in place to help the elderly. These laws, rules, regulations, and licenses protect the elderly from abuse, which is far too common. Unfortunately, many of these laws require only a nurse to administer certain things to the elderly. Any violation can mean a facilities license will be pulled. All this makes sense on the surface.
However, there are many cases where this is causing a rapid rise in costs for elder care due to these laws. Meaning many folks cannot afford the care and run through all their life’s savings, until they become dependent on the State to care for them; that means at the taxpayer’s expense. Run-away costs, regulations, and bureaucracy is effecting the availability of services. Thus, due to supply and demand this raises the prices of care to an insane cost.
That combined with law suits, fines and litigation is another double whammy and shock to the escalating costs of elder care due to the myriad of elder laws. In some cases, senior assisted living homes must have nurses on staff and available at all times to prevent breaking the law. Remember there is a severe shortages of nurses in the US and with 70 million baby boomers reaching that ripe old age, this problem will become worse. Continue reading
Elder law lawyers can help with a number of situations that have to do with caring for seniors and their families. If you’re unsure what elder attorneys can do for you, consider these four common situations. This is by no means a comprehensive list however, so it’s a good idea to consult a lawyer if you have further questions.
Elder Law Lawyers Can Help Plan For Long-Term Care
Long-term care is expensive and many families don’t have the means to pay for it entirely by themselves. Talking with elder attorneys to formulate a plan before it’s needed is an excellent idea for any family. A lawyer who practices in elder care law knows how to legally transfer assets to help someone qualify for Medicaid and how to preserve assets to protect spouses and provide them with money to live on. A long-term care facility can cost anywhere from $100-$500 a day, which works out to be nearly $40,000 to well over $150,000 a year. Even wealthy families can have problems affording this type of ongoing medical treatment and this is where an attorney can help.
Attorneys Can Draw Up Wills Continue reading