Canadian Government’s stand against Ontario prostitution ruling

Saturday, November 20th, 2010

The battle against legalizing prostitution in Ontario continues. Minors being prostituted could potentially rise and sex workers coming to Ontario: That’s the dangerous scenario being showcased by the provincial and federal governments if the courts fail to uphold key provisions of the country’s prostitution laws.

The attorney who successfully challenged the laws that effectively criminalized prostitution says he doesn’t believe in the proposal that the federal that government will lay out at a hearing next week. The law remains in place but what will happen next.

Tags: attorney, court, government, law, laws, lawyers, prostitution
Posted in prostitution | No Comments »

Reviewing your Insurance

Tuesday, October 6th, 2009

Some people don’t have the habit of reviewing their life insurance policies.  But bear in mind that an insurance could be a vital part of your financial strategy or estate plan.

You can buy a life insurance policy and make your spouse or children as beneficiaries.  Business owners can also use a buy-sell agreement funded with an attached life insurance so that surviving owners may buy the company’s interest in case of a deceased partner.  In the same token, key-person insurance assures business aid when one of the core employees passes away.

However, there is a downside to this.  Life insurance proceeds form part of your taxable estate and your beneficiaries may be heavily taxed when you pass away.  One alternative around this law would be to allow your children or other beneficiaries to own your policy.  You can give gifts to your kids for the acquisition of the insurance - it’s like pooling their money and buying the policy for you.  Another way you can remove the proceeds of your life insurance from your taxable estate is to get irrevocable life insurance trust.

Life insurance can help you build wealth.  It can also be useful for employee benefits, business continuation, education planning, retirement planning, and estate planning.

Tags: beneficiary, business, estate, estate plan, Estate Planning, law, life insurance, policy, tax, trust, wealth
Posted in Estate Planning, Family Trust | No Comments »

Estate Planning is for Children Too

Wednesday, September 30th, 2009

Do you know that when your children reach 18 years old, you will no longer be allowed to make medical decisions for them?  Actually, your right to see their medical records or speak to their doctor is no longer compulsory enforced.

Any parent has a fear of hearing that their child was involved in a medical emergency - whether it’s a physical catastrophe or a car accident, they would usually be notified or rushed into action.  However, under the law, your own 18-year old and above children need to name you as a health-care proxy first before you can have anything to say about their medical treatment.

Health-care proxies are documents allowing you to assign another person to make medical decisions for you if you’re unable to do it yourself.  Another document, called the living will, is a statement of medical wishes if you become ill.

Therefore, estate planning is not only for seniors.  Adult children should also have durable power of attorney as well as a health-care proxy too.  Since these are complicated documents, it’s best to speak to your family attorney.  If you don’t have one, just seek advice from any qualified estate planning attorney in your state.

Tags: adult, attorney, children, documents, Estate Planning, health-care proxy, law, living will, medical, parent, seniors, will
Posted in Estate Planning, Wills | No Comments »

Suing a Family Trust

Friday, August 21st, 2009

Mary Bucksbaum Scanlan, an heiress of Bucksbaum shopping-mall clan has sued the family trust as well as its lawyers for breach of fiduciary duty and malpractice.  She blamed them for investment losses from her trust shares worth $300 million. 

The 40-year-old is a daughter of Martin Bucksbaum, who’s the late co-founder of General Growth Properties Inc.  She filed this lawsuit in Chicago U.S. District Court naming attorneys Earl Melamed and Marshall Eisenberg with their law firm named Neal, Gerber, and Eisenberg LLP.  Also included in the suit is General Trust Co., Bucksbaum family trust as defendants.

The attorney representing Melamed, Eisenberg, and their law firm is Atty. Stephen Novack, who claims that losses suffered by Bucksbaum family trust were truly caused by the souring stock market and the economy.  General Growth is based in Chicago - it manages and owns over 200 malls in the U.S. but it filed for bankruptcy (Chapter 11) protection in April carrying a debt load of $27 billion.

The lawsuit of Mrs. Scanlan alleges the attorneys (also the trustees) of breach in their fiduciary duties since they kept most of the assets of the trust in General Growth stock during the time that stock has declined in 2007 from $67 to $1 last year.  Allegedly, the attorneys also failed to inform her about the loans made to executives of General Growth with a total of $100 million.

Tags: attorneys, Bucksbaum, Chicago, Earl Melamed, Family Trust, General Growth Properties, heiress, law, lawsuit, lawyers, malpractice, Marshall Eisenberg, Martin Bucksbaum, Mary Bucksbaum Scanlan, Stephen Novack, stock, sue, trust
Posted in Family Trust | No Comments »

Farmers Exemption from Estate Taxes

Wednesday, August 19th, 2009

U.S. House of Representatives (H.R. 3524) recently introduced a bill that will exempt family farms from federal estate taxes if the farms will stay with their respective families.  The bill is called Family Farm Preservation Conservation Estate Tax Act.  It was assigned to the Committee of House Ways and Means after being introduced by (D-Colo) Rep. John Salazar and (D-Napa) Rep. Mike Thompson.

According to Laurel Brown, the spokeswoman of Thompson, “The bill would defer estate taxes on conserved and agricultural land indefinitely, so long as it still remains in the family - this ensures that nobody would have to sell the land just to pay for the estate taxes.  Then Murray said that “So many family farms have been struggling until now.  This bill will encourage farms to remain in the family’s possession.  There aren’t too many left.”

The law governing agricultural estate taxes is expiring next year.  It’s expected to be replaced by another law in 2011 that would tax families blending the levels of 2001 and 2002.  This level is hard for a lot of family farms, which are typically asset rich yet cash poor.

The new estate legislation was endorsed by 28 farm organizations including Western United Dairymen, Western Growers, California Association Winegrape Growers, and California Farm Bureau Federation.

Tags: agriculture, bill, estate, estate taxes, farms, federal, John Salazar, Laurel Brown, law, legislation, Mike Thompson, U.S. House of Representatives
Posted in Estate Planning | No Comments »

Change of Estate Tax Law

Wednesday, August 19th, 2009

Wealthy residents from Connecticut usually flee to Florida in avoiding the estate tax in the state.  But now, they don’t need to do that because there’s a new law (House Bill 6802) enacted on Sept. 8.  The law states that deaths occurring from January 1, 2010 onwards, as much as $3.5 million worth of estates and gifts will be exempt from tax.  This raised the threshold for taxable gifts and estates from the existing $2 million level.

In Connecticut today, when the estate is exactly $2 million, there will be no estate taxes paid.  However, an estate of $2,000,001 pays Connecticut $101,700 in taxes.  Fortunately, this will change beginning 2010.  The new legislation will not only increase the threshold exemption, it will also reduce the rates by 25%.  For instance, a $5.1 million estate which currently pays Connecticut $402,800 will only pay the state $130,200 if the death occurred after year-end. 

This means that you can now stop avoiding Connecticut in planning and establishing your residence.  State Rep. (R-149^th Dist.) Livvy Floren said, “These changes may be considered good step toward the right direction.”  So if you’re a resident of Connecticut or you have real property there, you might want to revisit and make current your estate plan with an attorney soon.  

Tags: attorney, Connecticut, estate plan, estate tax, Florida, gifts, law, Livvy Floren, state, wealthy
Posted in Estate Planning | No Comments »

Never Ignore Estate Tax Planning

Monday, August 10th, 2009

At this point, a high percentage of Americans don’t need to worry about federal death tax.  Federal government allows tax-free exemption up to $3.5 million net worth for individuals and $7 million combined for married couples if they do some basic planning.  When they don’t have a basic estate plan, they could miss this full exemption and actually pay a seven-figure tax bill.

Currently, the federal law is hoping that in 2010, all states would pass this estate-tax-free.  However, off-the-record word from Congress says that there’s no way this law will survive 2009.  The states are re-evaluating their existing death tax rule.  There are some states that have no death tax, such as Florida.  While others, like Massachusetts or Connecticut have death taxes as high as 10% for a one million estate.

Therefore, it’s foolish to ignore the issue of estate tax.  Imagine people evading the local sales tax in their state, purchasing in another state, moaning about their annual income tax, yet doing nothing to plan for the largest tax they’ll ever pay?  It sounds ridiculous but it’s so common.

Ben Franklin may be right when he said “There are only two guarantees we have in life - death and taxes.”  And when death comes, taxes are voluntary.  Therefore, plan your estate wisely.

Tags: Americans, Ben Franklin, death, death tax, estate plan, Estate Planning, estate tax, federal, law, tax
Posted in Estate Planning | No Comments »

Retirement and Tax Law Changes in 2010

Saturday, August 8th, 2009

This fall, advisers of people who are planning for retirement will hear changes in federal law which can have a huge impact when it comes to their financial plans.  According to a taxation and estate planning professor emeritus at Northwestern University Law School, Roy Adams, “Things that will happen in the succeeding months could cause the biggest changes in the estates and trusts fields.”  From estate tax to Roth IRA conversions, there’s a lot to consider on the horizon for individuals who will leave inheritance to their heirs or to charity, ensure continuation of their family business, and have enough retirement money.

Adams will explain these changes in his presentation at Minneapolis Convention Center on September 14.  At the heart of these changes is estate tax.  In one year, it’s scheduled to be repealed and in 2011, its 2000 version will be followed.  There will also be changes in gift tax and estate rules.  Therefore, these changes could have a huge impact on heirs and family-owned businesses as well as affect gift taxes and charitable contributions.

Furthermore, income limitation to convert 401(k) accounts, 403(b) accounts, and regular IRAs to Roth IRAs shall be removed in 2010 and will be opened up to wealthy individuals.  It is expected that many would want to capitalize on an opportunity like this.   

Tags: charitable, estate plan, estate tax, federal law, gift taxes, income, law, Minneapolis Convention Center, Northwestern University, retirement, Roy Adams, taxation, trusts
Posted in Estate Planning | No Comments »

Estate Planning Options

Thursday, August 6th, 2009

In Wisconsin Statutes, the Ch. 770 addition encourages more same-sex couples to have more options to estate planning.  However, attorneys say that there are still a lot of questions to answer.  Michelle T.L. Hernandez, an attorney for Krueger & Hernandez shares that she has been receiving several calls about this process ever since the application for domestic partner declarations have started on August 3.

Over 400 couples have already filed for declarations - this means that same-sex domestic partners may inherit assets pursuant to state intestacy statute.  They may also sue a wrongful death of a deceased partner.  Hernandez said that this niche is still small.  As more couples register, she expects an evaluation whether she would change their trusts, wills, and estate planning documents and incorporate the new law benefits.  “I think attorneys implementing plans for domestic partners as well as those handing partnership termination will find this new area to be a brand new and hot law.”

Many attorneys are now encouraging their clients to apply for this domestic partnership status.  Same-sex partners will find that the new law provides a few “unique” opportunities in estate planning that is not available to them before.  This includes the ability to obtain the partner’s property, vehicle, or home in the event of death.    

Tags: assets, attorneys, death, declarations, Estate Planning, Krueger & Hernandez, law, Michelle T.L. Hernandez, partnership, same-sex couples, Wisconsin
Posted in Estate Planning | No Comments »

Animal Charities ask for Helmsley’s Billions

Thursday, July 23rd, 2009

A petition that concerns Leona Helmsley’s will is claiming that the office of Attorney General Andrew Cuomo issues incorrect analysis and a surrogate judge has used faulty reasoning before millions in grants were paid out by the estate’s trustees.

First of all, the major beneficiary in her will (worth $12 million) is her beloved Maltese named Trouble.  However, the dog was mentioned only once in the petition and then another in the supporting documents.

Three animal protection groups filed the petition saying that the money of Mrs. Helmsley is not being spent on dogs as mentioned in her will.  These three groups are Maddie’s Fund, American Society for Prevention of Animal Cruelty, and Humane Society.  They accused the estate trustees of Mrs. Helmsley of a “scheme to deprive welfare charities to dogs.”  Her fortune is estimated to be around $5 billion but only $1 million were earmarked for organizations taking care of animals.

A professor of law and philanthropy at New York University, Harvey Dale, said that this lawsuit may face significant hurdles since donors, beneficiaries, and potential beneficiaries don’t have any standing to intervene.  Maddie’s Fund president, Rick Avanzino, acknowledged that there’s difficulty in challenging trustees because their organization was not even named in the will of Mrs. Helmsley.  But still, they will push through with this lawsuit to penalize the trustees who chose to ignore the wishes and direction of their benefactor.

Tags: American Society for Prevention of Animal Cruelty, Andrew Cuomo, Attorney General, estate, Harvey Dale, Humane Society, law, lawsuit, Leona Helmsley, Maddie's Fund, petition, Rick Avanzino, Trouble, trustees, will
Posted in Wills | No Comments »

Estate of McNair in Limbo

Monday, July 20th, 2009

Former quarterback of Tennessee Titans, Steve McNair, left no will.  As a result, one of his son’s family (the one born before his marriage), was laying claim to their inheritance.  This could set up one lengthy legal battle.

David Callahan, Nashville attorney of Mechelle McNair (Steve’s wife), said that she’s determining the net worth of her husband.  A probate court judge in Davidson County granted her 60 days to complete this process as a response to her emergency petition.

The probate court filing states that the heirs are Mechelle McNair and her sons Trenton, 6, and Tyler, 11.  However, she can’t confirm whether the other two older sons of her husband are actually his.  Her husband died suddenly as he was shot on July 4 by a woman he was dating.

Steve McNair’s oldest son is Steven McNair Jr., Oak Grove High’s senior star wide receiver while his second son is Steven O’Brian McNair, 15-year old.  Cotina Feazell, the mother of Steven McNair Jr. did not find any records that the quarterback completed any estate planning or set up trust funds.

Attorneys say that even if the other women were not married to McNair, his sons are still eligible to the inheritance under state law.  There might be certain blood tests or other issues but all they need to do is hire an attorney to make a claim.

Tags: attorney, court, David Callahan, Estate Planning, inheritance, law, legal, probate, son, Steve McNair, Tennessee Titans, trust funds, will
Posted in Estate Planning, Wills | No Comments »

Asset Descent and Distribution in Illinois

Saturday, July 18th, 2009

Every state has its own descent and distribution law which applies if somebody passes away without a will (intestate).  Generally in Illinois, half of the estate would pass to the surviving spouse and then the other half would be equally divided to the descendants (like children, etc).

For assets with named beneficiaries already or those titled jointly will not be part of the estate of a decedent spouse; therefore, these would pass directly to the beneficiary or joint tenant.

However, if there are assets titled only to one spouse, it could create a problem.  For instance, your home (or any asset) was titled to your name only due to credit issues, or maybe you already owned the asset even before marriage, then the surviving spouse would only get half of your home and the other half would be inherited by the children.

If this is the case, the surviving spouse needs to get permission from the children before selling the house and would give half of the proceeds to the children after the sale.  Typically, this is not what spouses would intend to do; however, if one of them dies without a will, then their intention will not be admissible in court.    

Tags: beneficiaries, beneficiary, descendants, Illinois, intestate, law, will
Posted in Wills | No Comments »

Include your Pets in Estate Planning

Tuesday, July 14th, 2009

When people head out of town for a week-long or month-long vacation, they make arrangements for their pet such as how they will be fed or taken cared of.  According to an attorney, Carol Wessels, “Many of my clients would simply trust another family member to take care of the pet.  However, they don’t realize that taking care of pets can be a huge responsibility.”

Since the United States is a nation full of animal lovers, Wessels predicted that the law practitioners’ interest in this particular estate law area will likely grow.  She added that pets will be better off if their owners think about their well-being too, and in advanced, so that they will be taken cared of when something unexpected happens.  This is because oftentimes, the surviving family members are taken aback with bills for food or veterinarians that these pets need.

Today, about one-third of sophisticated estate planners have pet trusts that will allow the pet owner to appoint a human beneficiary tasked to take care of the pet in the event of the owner’s death.  The conditions of the trust may state that the trustee can allocate money to this beneficiary as long as he or she is taking good care of the pet.

Tags: animal lovers, Carol Wessels, Estate Planning, law, pet, trust, trustee, United States
Posted in Estate Planning | No Comments »

Immediate Snow Removal Law

Thursday, June 11th, 2009

Park Ridge City Council is focused on snow while most of their citizens are probably looking forward to summer and sun. An ordinance that requires all businesses to clear their own sidewalk of ice and snow immediately after a snowfall or else risk being fined is considered by aldermen. As part of this discussion, they also reviewed proposals to allow police to ticket those residents throwing snow onto public streets from parkways, sidewalks, and driveway aprons.

The proposed ordinance states that business owners may be fined with $50 for each day that their sidewalk accumulated two inches of snow within 24 hours. Tentative support on Monday night was given by Aldermen Frank Wsol, Jim Allegretti, and Rich DiPietro.

Park Ridge Chamber of Commerce executive director, Gail Haller, found no negative impact of the new law. She said that most businesses are already clearing their sidewalks voluntarily.

Allegretti said, “I don’t want the businesses to be opened to lawsuits. This ordinance would protect business owners if ever someone suffered an injury after falling down on a shoveled pavement that may not yet be completely clear of ice.” Also, Everette “Buzz” Hill, City Attorney, said he would verify an existing state law preventing liability.

Tags: aldermen, attorney, Frank Wsol, Gail Haller, Injury, Jim Allegretti, law, lawsuits, ordinance, Park Ridge City Council, Rich DiPietro
Posted in Injury, Personal Injury | No Comments »

The Truth about Dog Bite Cases in Florida

Tuesday, June 9th, 2009

Dog bite attacks that cause injuries are approaching almost five million every year. Therefore, it’s critical for every Floridian to know the truths and myths regarding these cases.

Dog-bite victims are quite favored by the public, the state’s legislature, and the insurance industry compared to other tort law areas. Attorneys litigate both common cases (scars) and severe ones (disfigurement).

Florida adheres to a very strict liability statutory framework imposed on dog owners. Liability is established if:

• *The defendant truly owns the dog.
• *The attack occurred while in a lawfully private location or in a public place.

Hence, trespassers are excluded from potential dog bite statute protection. However, there may be an implied invitation that can be sufficiently used for defense depending on the circumstances of the case. Furthermore potential recoveries may be reduced through a comparative negligence committed by the plaintiff.

In addition, some victims are animal lovers by heart – they fear that the dog will be euthanized if they make an injury claim. But it’s important to know that the dog will not be placed in any danger or be taken away from his home if the victim did not press this issue with animal control.

Tags: attorneys, disfigurement, dog bite, Florida, Floridian, law, negligence, scars, tort, tort law, trespassers
Posted in Injury, Personal Injury | No Comments »

Product Liability Lawsuits

Sunday, June 7th, 2009

The law that deals with consumer products causing injury or death to consumers is called “product liability.” This area of law protects the people from defective or harmful products that individuals or companies manufacture or sell.

Product liability covers any product involved in accidents due to malfunction of its purpose. Unfortunately, there are thousands of preventable deaths occurring each year which results to many individual and social losses including job loss, healthcare costs, injuries, and deaths caused by faulty products.

Some major examples include baby product defects, faulty hospital beds and products, ATV accidents, defective tires, or SUV rollovers. In product liability lawsuits, your attorney will make sure that there’s evidence of faulty product stemming from the way it was manufactured. Before filing a case, attorneys have to make sure that the manufacturer is the one at fault, rather than other external reasons. Also, the injury sustained should be directly linked to the product malfunction.

So if you, your family, or your friends have been injured and the cause is a product’s malfunction, remember that there may be monetary damages paid to you. The first step would be to contact a good injury attorney for consultation. You can find these attorneys in online directories all over the web.

Tags: attorney, attorneys, damages, defective, Injury, injury attorney, law, malfunction, online directories, product liability
Posted in Injury, Personal Injury | No Comments »

Still Getting Paid Even if Fired and Behind Bars

Friday, June 5th, 2009

Charlene Schmitz is already behind bars in a Tallahassee, Florida detention center. She’s serving 10 years for sending instant messages and texts to seduce a student (14 years old).

Although she has recently been fired as a reading high school teacher in Leroy, Alabama, she’s still collecting a paycheck. Schmitz is also appealing her firing and federal conviction. Moreover, pending state charges are filed in connection with her case. And under Alabama law, she’s entitled to her usual $51,000 a year salary while in the process of appeal.

School officials are unhappy because they have to pay not only Schmitz, but her replacement as well. The school has no choice but to obey Alabama Teacher Tenure Law – this protects tenured teachers from sudden and unfair firings. In 2004, a law change requires the school board to continue paying fired teachers until their employment appeals are decided by arbitrators.

Schmitz was found guilty by a jury on Valentine’s Day of 2008. She received two federal charges due to child enticement using electronic means and a 10-year sentence. Then in late March, the school board officially terminated her.

Henry Caddell, Schmitz’s criminal attorney, filed an appeal and said “Ms. Schmitz is still entitled to receive her pay until all of this is determined.” On the other hand, all the school board wants now is for an arbitrator to hear Schmitz case so that it can move on.

Tags: Alabama, Alabama Teacher Tenure Law, attorney, Charlene Schmitz, Criminal, criminal attorney, Florida, Henry Caddell, law, Leroy, Tallahassee
Posted in Criminal, Criminal News, Defense lawyer | No Comments »

Stricter DUI Laws for Wyoming

Friday, May 29th, 2009

The Senate Judiciary Committee in Wyoming rejected a comprehensive bill that would have created stricter penalties for DUI. Fortunately, even if Governor’s Council on Impaired Driving has been working on this effort for six years, they have not given up the fight yet.

Last week, the council held a conference in Casper and developed legislative proposals for their lawmakers to consider next year. The hurdle for these measures were placed pretty high because it’s budget season and non-budget bills would require at least two thirds vote to be introduced – so the hurdle has been placed high. In addition, the same senators who opposed the bill is still in office.

Here are five recommendations of the council (in this year’s legislation, the first three were included):

• -Make it illegal to have .08 BAC (blood-alcohol content) while driving if the test was done within two hours of being stopped.
• -Create an offense of “aggravated DUI” for people driving with .15 BAC or greater.
• -Increase jail time and the fourth offense should result in felony conviction and five years in prison.
• -Give a mandatory alcohol or drug assessment and a maximum fine of $750 even for the first DUI offense of a person with a minor inside the vehicle. The second offense in this case would have to be fined up to $5,000.
• -Include in DUI law any psychoactive or drug substance that causes a person to be impaired.

Tags: BAC, Casper, dui, Governor's Council on Impaired Driving, law, Senate Judiciary Committee, Wyoming
Posted in dui, dui wyoming | No Comments »

Opposition for Liability Laws Change

Friday, May 22nd, 2009

More than 50 organizations and businesses joined together to oppose the bid to change liability laws of Wisconsin authored by Gov. Jim Doyle. This proposal called “joint and several liability” is predicted to increase civil lawsuits and victims receiving full damages.

Doyle’s proposal states that the defendant may not be found equally or more liable than the plaintiff. This means that even if the business owner is only 1% at fault, he or she has to pay 100% of the damages. Trial lawyers supporting the change say that this rarely happens while opponents say that it’s unfair.

Members of the coalition opposing the proposal include the state Hospital Association, Tavern League, Wisconsin Manufacturers and Commerce, Farmers Union & Farm Bureau in the state, tourism groups, and ski resort owners. They say that this change would raise insurance rates, bring more lawsuits, and would even drive some owners out of business.

According to Madison’s Chevrolet general manager, Tom Thorstad, “I’m really frightened to think of what will happen to Wisconsin’s business climate. My dealership has already cut worker hours and overtime but the proposed laws could inevitably cost my business even more.”

Meanwhile, trial lawyers accused businesses of employing scare tactics. Fears about the state’s business climate change were unfounded because this law would actually improve the existing one. Current liability laws in Wisconsin state that the defendant will not be held liable for damages in any accidental injury or death unless they’re at least 51% at fault.

Tags: Gov. Jim Doyle, law, laws, lawsuits trial lawyers, lawyers, Madison, Tom Thorstad, Wisconsin
Posted in Injury, Personal Injury | No Comments »

DUI Lookout for Memorial Day Weekend

Thursday, May 21st, 2009

Throughout Yolo County, law enforcement sends out a strong message to holiday travelers for Memorial Day Weekend that drinking and driving won’t be tolerated. California Highway Patrol (CHP) and Davis Police Department will be combining resources to form “Avoid the 8 DUI” task force on the road after the local festivities.

According to Davis Police Department’s Sgt. Ton Phan, “We’ll be looking for you if you’ll drink and drive. And if you’re over the .08 limit, you’ll be arrested.” The DUI task force will have a checkpoint this weekend. In addition, DUI Saturation Patrols will be roaming around. They advised the public to “immediately designate a sober driver even before the celebrations begin.”

This enforcement campaign will begin Friday night and will continue throughout the weekend. Meanwhile, CHP will be deploying 80% of available officers onto county roads and freeways within their jurisdiction. CHP Commissioner Joe Farrow said, “Memorial Day Weekend celebration can be safe for everyone. It’s all about planning ahead and making sound decisions before you head out on the road. For example, wearing seat belts and designating drivers who will not drink are good habits to have in order to avoid DUI. ”

Tags: CHP, Davis Police Department, drinking and driving, dui, DUI Saturation Patrols, Joe Farrow, law, Memorial Day Weekend, Sgt. Ton Phan, Yolo County
Posted in dui, dui california | No Comments »

Tort Law Explained

Monday, May 18th, 2009

Civil wrongs that result in harm or personal injury constituting grounds for a lawsuit are called torts. Therefore, tort law addresses conflicts between entities (e.g. pharmaceutical company) or private individuals. It’s the type of law governing personal injury claims and it serves these purposes:

• -To ensure that the aggrieved or injured party receives compensation for damages, and
• -To deter other entities and individuals from committing the same harm.

Tort law is determined by individual states through legislative and judicial action. Although rare, a tort claim may also be made under the federal law. One example of this is a civil rights violation.

Most personal injury cases may fall under tort law. It covers a wide range of cases involving product liability, medical negligence, boating accidents, motorcycle accidents, and car accidents. Under this law, injured parties may recover damages for suffering, pain, medical expenses, and existing loss of earning or future loss of earning capacity.

Some torts are considered as punishable crimes. However, tort law is entirely different from criminal law. Torts can be remedied with monetary means while crimes are concerned with punishment in jail. So if you are searching for someone to defend you and help your claim, search for an experienced personal injury lawyer through an online directory.

Tags: federal law, law, online directory, personal injury, personal injury attorney, tort claim, tort law
Posted in Injury, Personal Injury | No Comments »

Employee Rights in the Workplace

Saturday, May 16th, 2009

Depending on your profession, the state where you live in, and the size of your employer, you may be entitled to these legal protections and rights to:

• -Privacy in personal matters
• -Take a leave and care for one’s family
• -A safe workplace
• -Fair pay (at least receive the minimum wage)
• -Workplace free of harassment
• -Not be discriminated against due to age, disability, religious beliefs, pregnancy, gender, skin color, national origin, and race

If you feel that your rights have been violated, the first thing to do is talk to your employer. You’ve got to know your rights, stick to the facts, and avoid being overly emotional. In addition, document the problem to protect yourself. Gather documents and take note of events and key conversations. However, be careful to collect only the documents that you have legitimate access to. If you copy or take confidential records, it may compromise your legal claims.

Now if your employer does not seem to take your complaint seriously, then you need to take legal action. The law can help you make a claim. Take note that you might want to consult a lawyer so that you can figure out what you can lose or gain by filing a lawsuit.

Tags: employee rights, law, lawsuit, lawyer, legal action, Legal Claims
Posted in Workplace Law | No Comments »

The Good that Comes out of Tragedy

Thursday, May 14th, 2009

Gov. Chris Gregoire said “out of tragedy comes something good.” She is talking about Zackery Lystedt Law – the first bill that she signed which will protect young athletes from traumatic brain injuries or death due to trauma.

In the bill signing, 16-year-old Zackery Lystedt was beside her, dressed in a black suit and sitting in a wheelchair. In their back stood his family, friends, and supporters (more than 50 of them).

Lystedt suffered a concussion in October 2006 while playing in a football game for middle-school. Moreover, he returned to the game without any medical evaluation. He proceeded to take a few more hits, and then he collapsed a minute after the game ended. As a result, his traumatic brain injury placed him in a coma for several months and required extensive therapy after two years.

Zackery Lystedt Law was proposed and passed to protect athletes from similar injuries. The law requires any athlete to consult a licensed medical professional if there’s an apparent injury (whether in practice or in a game). Before the athlete could go back in the play, there should be an approval from the doctor (or any certified athletic trainer).

“This bill saves lives every year,” says Stan Herring, the clinical physician for Washington School of Medicine, team physician for NFL’s Seahawks, and one of the strongest supporters of the bill.

If you are victim of clinical malpractice and you need more information on clinical negligence visit Alexander Harris Solicitors.

Tags: bill, Chris Gregoire, Injury, law, Stan Herring, Zachery Lystedt Law
Posted in Injury, Sports Injury | No Comments »

The DUI Trial Process

Sunday, May 10th, 2009

Some DUI cases are resolved or thrown out before reaching trial. However, many will still reach this climactic point.

Jury selection is the first segment of any DUI trial. Juries are selected from potential jurors “pool.” They are usually questioned by prosecution or defense (like requesting certain potential jurors to be removed). For instance, if one of the potential jurors has strong ties with Mothers Against Drunk Driving (MADD), he or she may be taken out of the jury. This is done so that dispositions are not biased and a fair verdict will be achieved.

When trial begins, both prosecution and defense starts their opening statements. Evidence and witnesses will be presented and the opposing party may cross-examine them.

Lawyers from opposing camps will have the final chance to convince the jury during the closing arguments. Typically, the prosecution will prove guilt while the defense will argue innocence. Then, the judge will give instructions to the jury.

It’s now time for deliberation and conclusion. Some cases will take a few minutes while some take a few days. Upon reaching the verdict, the courtroom clerk will read it aloud.

With this process, it would be unwise to hire a lawyer who doesn’t specialize in DUI law. And don’t even try to defend yourself. A DUI charge is a serious matter and should be given to the hands of the expert.

Tags: defense, dui, jury, law, lawyer, lawyers, MADD, prosecution, trial
Posted in dui, dui laws, dui lawyers | No Comments »

DUI Arrests are Repeat Offenders

Friday, May 8th, 2009

A recent study published in Denver Post found that out of the drivers charged with DUI every year in Colorado, 10,000 have already been arrested for the same offense. In fact, from 2005-2007, the unique offenders are just above 31,000. This means that there is roughly one out of three drunk drivers repeating their offense and habitually breaking the law.

Out of the 10,000 drunk drivers, these are also true:

· 5,679 had three prior offenses

· 84 had 10 offenses

· 5 had over 20 offenses

The city of Colorado did some steps to combat this issue. One of them is dropping the DUI threshold from .08 to .10. However, there was little improvement that occurred since 2004.

Now, there are some discussions taking place in the state. Organizations such as MADD (Mothers Against Drunk Driving) have been lobbying for a change in Colorado’s laws.

Therefore, lawmakers plan to make drunk driving as a felony offense after several occurrences. In other states, this is already being done – sending convicted drunk drivers to jail after a certain number of offenses. However, Colorado has no limit to the DUI charges that you can obtain in your lifetime. The state has attributed this issue to budget problems.

Tags: Colorado, Denver Post, drunk drivers, dui, law, MADD
Posted in dui, dui colorado, dui laws | No Comments »

Law and Court Expectations

Wednesday, May 6th, 2009

Maybe you have experienced or witnessed the power of the family court. It can transfer property to someone else, order violent people to leave their homes, or compel somebody to pay various sums of money. However, it also has its limitations.

Family law is a “civil” law dealing with disputes, not crimes. So for example, if you just had a divorce and your former spouse is not following court orders such as visitation, child custody, or child support, then he or she is not committing a crime. Only a non-molestation injuction was broken.

And since the court cannot monitor its orders, it’s up to you to check whether they’re being carried out. The only way you can make somebody follow the law is to take the case back to court again. That’s why it’s important to keep all your court papers on file.

Another limitation of family law or court is its inability to change the attitude or personality of your spouse. Don’t expect a nasty person to be nice and an unreasonable person to be reasonable just because the law ordered them to. So remember that the law can be a big help to settle your disputes and divorce issues, but you cannot expect it to do everything for you.

Tags: court orders, Divorce, family court, family law, law
Posted in Divorce, Divorce Law | No Comments »

Why do Couples Divorce?

Tuesday, May 5th, 2009

There are many reasons why couples would want a divorce. Divorce lawyers can cite hundreds of causes out there but here are the common ones:

· Incompatibility – this is the most-cited cause. The couple did not find a common ground emotionally, intellectually, and sexually. They explain that it’s unbearable to live with someone you can’t fit with.

· Sexual problems – couples are expected to perform the act of sex because it’s an essential part of marriage, unless of course, a person accepts a sexual problem even before marriage. In some cases, disinterest or sexual dysfunction happens after tying the knot. It can be a cause for divorce if the couple will not be able to resolve it.

· Marital Infidelity – the law states that marriage should be mutually exclusive between two parties. So if evidence of infidelity is obtained, one may seek divorce.

· Abuse – this does not only mean physical abuse. It may also be in the form of sexual and emotional abuse. Alcohol, gambling and drug abuse may also be causes of divorce.

· Financial issues – most disagreements stem from money problems. If there’s no chance for a resolution, then divorce may be their way out.

· Communication problems – these may not exist before marriage, but often, expectations have not been made clear and certain issues typically magnify during marriage.

Tags: Divorce, divorce lawyers, law
Posted in Divorce, Divorce Lawyer | No Comments »

Can you fight a “Disorderly Conduct” Charge?

Monday, May 4th, 2009

Imagine having barbecue with friends, eating well, and drinking beers. Then, while talking with several neighbors on the sidewalk, a police officer parked and told you that someone called regarding a “disturbance.” Before long, you are “taken into protective custody.” Also, you are issued a “public intoxication” misdemeanor citation.

What can you do in this case if you know that you’re not drunk and you’re not causing any disturbance? Well, you can ask a lawyer and turn to the law.

If you’re arrested in California, their Penal Code Section 647 concerning “disorderly conduct” states that anyone found under the influence of liquor in a public place may be put into civil protective custody. However, there should be conditions. The individual should be unable to care for his safety or for other’s safety, and interferes with the free use of a sidewalk, street, or any public way.

In the case above, there are many arguments to fight the charge. First of all, if you said that you were not so intoxicated, how did the officer conclude that you were? Did he perform any field sobriety tests on you? Remember that being “legally drunk” while driving is different from just talking with neighbors outside your house. So will your neighbors testify on your behalf?

Also, take note that a criminal conviction requires proof beyond reasonable doubt from a unanimous jury. If misdemeanor is your charge, then you can still reduce that to an infraction, upon advice of your defense lawyer.

Tags: California, Criminal, Defense lawyer, disorderly conduct, disturbance, infraction, law, lawyer, misdemeanor, Penal Code Section 647, public intoxication
Posted in Criminal, Defense lawyer | No Comments »

Help in Copyright Laws

Sunday, May 3rd, 2009

The copyright law (section 501) states that any person violating the exclusive rights of the author infringes the copyright of that author. Section 106 in the same law explained that the owner has the exclusive right to:

• *Display copyrighted work publicly
• *Perform the work publicly
• *Distribute copies of this work to the public through lending, lease, rental, sale, or other transfer of ownership
• *Prepare derivative works based on the work
• *Reproduce the work in copies
• *Perform the work publicly (in case of sound recordings) by means of digital audio transmission.

If you engage in these activities without obtaining the permission of the owner, then you committed a crime and are liable for infringement. To makes sure that you are not breaking this law, consult with the Copyright office. This office serves as a primary place of record where anyone can register claims to copyright and record documents related to copyright.

On the other hand, if you believe that your copyright has been infringed, you may file a criminal lawsuit and contact IP (Intellectual Property) Program of FBI (Federal Bureau of Investigation). It’s recommended that you seek legal advice from a copyright attorney (one who specializes in arts, intellectual property, or entertainment law matters) and discuss your legal options.

Tags: attorney, copyright attorney, Copyright Law, Copyright office, crime, Criminal, FBI, infringement, IP, law, legal advice
Posted in Copyright Law, Criminal | No Comments »

Work Laws Compensate for Injuries

Sunday, May 3rd, 2009

When employees are disabled or injured on the job, they should be provided with permanent or fixed monetary awards. This is already stipulated in work laws; therefore, there should be no need for litigation.

However, there are times when private employers or companies undermine these laws. Take note that if they failed to pay you or your co-worker for injuries sustained on the job, you can contact a workers compensation lawyer in your area to seek help.

Work laws include:

• Factory machine injuries
• Construction accidents
• Work vehicle accidents
• Wrongful death
• Disability
• Slips and falls

You can request a “commutation” if you want a part or your entire permanent disability award in a lump sum. Through the order of your local Worker’s Compensation Administrative Judge, payment can be made either through you or your lawyer.

On the other hand, “compromise and release” is a workers’ compensation case final settlement. The parties will agree on one lump sum payment which usually settles all issues except for the employee’s future vocational rehabilitation.

In 2002, private companies reported that there were 4.7 million illnesses and non-life threatening injuries. With this result, there were 5.3 cases of work-related injuries per 100 full-time workers, as surveyed by Bureau of Labor Statistics.

Tags: commutation, compromise and release, disability, law, lawyer, work laws, workers compensation lawyer
Posted in Disability Benefits, Injury | No Comments »