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Posts Tagged ‘Legal’

Bankruptcy Exemptions in Arizona

June 25th, 2009

In a bankruptcy, certain assets are protected by laws called “exemptions.” If an asset is exempt, a debtor is allowed to keep that item if he files for bankruptcy. Typically, an asset can only be protected if the court determines that its value is under a certain maximum limit. Arizona, like some states, has chosen to create its own list of exemptions rather than follow the list of exemptions created by the federal government. The choice to create its own exemptions makes Arizona friendlier to debtors than states following the federal guidelines because Arizona’s exemptions include more assets and greater allowable values than the standard, federal list of exemptions.

Even if you file for bankruptcy, your home may still be protected. The homestead exemption can be used to protect the primary resident of the single or married debtor. The debtor will be allowed to keep up to $150,000 in home equity, as well. If the debtor has more equity, the debtor might be ordered to pay the excess equity to the bankruptcy court. If this excess is not paid, it is more likely that the bankruptcy could be dismissed. A bankruptcy trustee might decide the best course of action is to force a sale of the home. If this happens, the debtor is still allowed to keep the $150,000 in equity. Any excess will be used to pay creditors. This helpful exemption may be used only once when filing for bankruptcy.

Another exemption pertains to vehicles. This vehicle exemption allows a debtor to keep his or her vehicle provided that it has less than $5,000 in equity. Married couples are allowed two $5,000 exemptions that can be applied toward two vehicles. Any amount of equity beyond the allowed $5,000 follows the same rules as the aforementioned homestead exemption.

Personal property exemptions include items such as appliances, household furniture and furnishings. Married couples can protect up to $8,000 in assets, while single debtors may protect up to $4,000 of assets. These items are assessed at their used value, rather than if they were new items. A detailed list of all of these personal assets must be given to the court.

Bankruptcy laws also protect some miscellaneous assets. Among these items is equipment, such as tools, that can be used for commercial activities. Other items include clothing, wedding jewelry, weapons, books, musical instruments, hobby-related items and certain life insurance earnings. Specific values for each of these items have been set by bankruptcy codes.

For those who worry about retirement, it will be some comfort to note that several retirement-based assets are protected by bankruptcy laws with no value restrictions. However, these must be qualified types of assets, including 401k, state retirement funds, IRAs and other similar assets.

If an asset does not have a present, vested value at the time of filing, then typically it is protected under the bankruptcy code. Such assets include annuities that are not yet vested, future interest in a business as established by the corporate bylaws, and employee stock purchase plans that are not yet vested.

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Contingent Fees for Personal Injury Litigation

June 23rd, 2009

Everyone should have access to quality legal representation when they need it. This is especially true when an individual suffers a serious injury that changes their lives forever.

Unfortunately, far too many people feel that only the wealthy can afford to pursue personal injury litigation after a crippling accident. What these individuals fail to realize is that many attorneys are willing to make a contingent fee arrangement with the injured party, which defers costs until a settlement or monetary award is granted to the plaintiff.

How Contingent Fees Work During an initial consultation (which may or may not be free), an attorney will look at your case and see if it is strong enough to pursue Personal injury claim. If deemed so, the lawyer then decides to make an agreement based on what you can pay at the time. If you do not have the ability to pay, you can negotiate terms that supply a percentage of damages recovered after a win.

The beauty of this arrangement is the fact that you do not have the pay a cent if the case is lost. In other words, if your lawyer fails to obtain compensation for your injuries, you dont have to worry about lawyers fees. This does not mean however, that expenses are not incurred; however, many lawyers deduct these costs from their clients reparations once the case concludes.

Determining Percentages The financial percentage is often discussed before hand and are calculated a number of ways. Most of the time these deductions depend on the type of case you are pursuing and the circumstances surrounding it. Just be sure to clarify any issues you may have prior to retaining a lawyers services.

Advantages to Personal Injury Victims Of course, the biggest benefit to those who want to pursue personal injury litigation is the fact that they do not have to come up with any upfront money. They also know that the lawyer would take the case on if they felt there was little chance of losing, so the odds of winning your case are fairly good. In other words, you will have the peace of mind that comes with knowing that the lawyer will work very hard to win.

A Great Motivator When you think about it, the lawyer who agrees to contingent fees is casting his lot with his client. He is also confident in his own abilities and more than likely has a great track record in the personal injury arena. Of course, these are all things you can discuss with your lawyer before you decide to move forward with a personal injury lawsuit.

Does he charge a fee? Before you sign on the dotted line, make sure your lawyer of choice provides the contingent fee option as only a handful of providences, namely, Alberta, British Columbia, Ontario and Quebec offer the convenience.

Contingent fees do help personal injury victims in the long run and are well worth the mutual risks associated with them. It also guarantees that legal representation is accessible to all, which is truly what justice is all about.

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The Differences between Criminal and Civil Law

February 5th, 2009

Most people dont differentiate between civil law and criminal law, partly because the majority of news coverage in the media is dedicated to criminal law cases. Most people have heard of a civil lawsuit, but they arent really sure how the two are different. Civil cases arent as widely publicized because they dont ever have the same dramatic punch that often comes with a big criminal case.

It may come as a surprise to many people just how different the two types of suits are ” here are some of the biggest differences between criminal and civil law cases.

The Verdict and Subsequent Ruling

This is the major reason why criminal cases are so much more publicized and advertised in the media. The defendant in a criminal case runs much more of a risk ” a guilty verdict can bring with it several different forms of punishment depending upon the severity of the crime committed.

Crimes are broken down into two sub categories ” first are the felonies, which are the larger offenses and which will most likely result in more severe punishments. Second are misdemeanors, which are the smaller offenses and will likely yield sentences that are not quite as harsh.

A person charged with first degree murder, which is the top of the ladder as far as felonies are concerned, could receive life in prison without parole ” or even the death penalty depending upon the state in which the crime was committed. Lesser felony offenses may still yield large amounts of jail time, depending upon the nature of the crime; whether there was pre-meditation, or if the person has been involved in similar criminal activity before.

Misdemeanor charges with convictions often result in one of or a combination of the following ” fines, probation, community service and in some cases jail time. Again depending on the circumstances surrounding the crime, the punishment may be either more or less severe.

The defendants involved in a civil case will never, under any circumstances ” regardless of the crime charged, be subject to the same forms of punishment as those convicted in criminal cases. In fact, regardless of the nature of the crime committed defendants convicted in civil cases will never do any time in prison. Defendants who are on the losing side of the verdict in a civil case are often responsible to reimburse the plaintiff or plaintiffs of the case in an amount determined by the judge or jury to be comparable to the loss that they may have suffered due directly as a result of the defendants actions. The actual monetary amount awarded in the verdicts of these cases is often hard to come to, especially in cases when more than just property is lost or damaged as a result of the defendants actions.

Making the Case

In a criminal case, the defendant is innocent until proven guilty. Its is the responsibility of the side of the plaintiff to build a case that shows beyond a reasonable doubt that the defendant did, in fact commit the crime in question. If the defense can inject even the smallest shadow of doubt on the plaintiffs case the verdict in the case will (or should) return not guilty. If the jury is not very close to one hundred percent certain that the defendant committed the crime in question, then there is no conviction.

The proof required to get the desired verdict in a civil case is not nearly as high as that of a criminal case. If the plaintiff can initially convince the jury that its reasonably possible that the defendant is responsible, the burden for proving their innocence falls on the defense. If the evidence shows more than fifty percent probability that the defendant is responsible a guilty verdict can be returned and the defendant then becomes responsible for reparations.

Even if the defendant is convicted of the charges and ordered to pay, it still doesnt mean that the plaintiff will receive a financial windfall as a result of the conviction. Often if the defendant has nothing to give, then the plaintiff wont receive the judgment awarded.

Even if the charges are exactly the same, the results and subsequent penalties handed down can be drastically different in criminal cases and civil cases. Civil cases, while not nearly as dramatic to the media as criminal cases and even when a sum cant be awarded, can provide true closure for the plaintiff if the defendant is convicted.

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Two Reasons To Get A Personal Injury Lawyer Following An Accident

January 29th, 2009

Car accidents happen; they are a fact of life if you drive. If you’ve endured such a car accident, its an unsettling time. That’s why its important to hire a car accident attorney if you find yourself in this situation. You need someone with a clear head on your side after a car collision no matter who’s at fault.

Personal Injury Lawyers are the First Line of Defense in Protecting Your Rights

When you’re in a car accident, its your right to have a car accident attorney. You may be nervous or scared, worrying about legal actions and how you will cover substantial medical bills. These are just some of the concerns that may run through your mind. A car accident attorney can ensure that your rights are protected during this emotionally draining experience.

If you are the victim in a car accident, you might have hospital bills, time missed from work and maybe even ongoing medical costs. How are you still going to support yourself and/or your family? Whos going to make sure that you receive money for medical expenses and time missed from work? A reputable car accident lawyer will ensure not only that your immediate expenses are covered, but that you get money for future medical costs as well. This will provide peace of mind.

A Car Accident Attorney Is Versed in Local Law

Traffic and compensatory laws vary not only from state to state, but from local municipality to local municipality. Qualified car accident lawyers know the laws of their area. And they know the key players as well, such as judges, lawyers and insurance claims adjusters. All of this is extremely important, for it helps these lawyers put together the most effective case for you.

Finally, personal injury lawyers have inside knowledge of how insurance agencies work. Because this type of law is their specialty, they know the tricks of the trade that insurance companies may use to avoid paying claims, or to pay as little as possible. If you’re in an accident, having a personal injury lawyer who knows how insurance agencies work is to your advantage, for he or she will recognize a good offer, or one that is sub-par. When your financial future is on the line in such a manner, you need someone who knows the industry well so you can obtain the best possible outcome.

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Free Illinois Arrest Records Search

January 29th, 2009

llinois criminal records are part of the public domain, entitling anyone to have access to these. Despite however being public records, the right to individual privacy is taken into account and the use of any information derived from these records is the subject of stringent laws and regulations. Using the information obtained for conducting a background check for employment purposes for example, would require prior consent from the person involved.

First port of call for any search of Illinois criminal records would be at the Illinois State Police, were records of all information relating to criminal matters are filed. This is not a free search however. There is an administrative fee of $16.00. The states Circuit Courts also hold information regarding Illinois criminal records. Paid searches are available from the Jackson County database for a nominal $12.95 search fee.

All law enforcement agencies are required to keep their criminal record databases regularly updated and well maintained. Any information collected will usually be shared with other law enforcement agencies and, as is often the case, with courts and even certain individuals. Records are usually updated at regular intervals, quarterly, monthly or even daily, depending on the typical operating procedure of the person in charge of these updates. The quality of arrest records information will depend on how up to date the database is and how well this is maintained.

Statistics would indicate that Illinois criminal records show a higher arrest rate than the national average over the recent years. Despite this statistic, the overall number of arrests in the state has shown a decline. Despite this statistic, the overall number of arrests in the state has shown a decline. In rough figures, this is approximately a 28% decrease in the number of arrests made over a 12 year period.

Similarly to almost all information searches today, the internet is the most popular method to access Illinois criminal records. Government agencies inevitably mean long queues and time delays. An alternative to these delays are commercial information providers. Factor in the ability to access private networks over and above the public databases and these commercial providers soon become an attractive option. Search results are typically available for download within a few minutes of running the search

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Finding Divorce Records Online

January 24th, 2009

If you are getting ready to marry someone, you may want to dig around in their past a little bit and find out if you are the last in a long line of marriages. If you are going into business with someone, you may want to make sure you won’t have an angry ex knocking on the door looking for cash when the business takes off. The reasons can be many as to why you would need to find divorce records online.

When you go to the internet, the first thing you are probably going to do is head to your favorite search engine and type in ‘free divorce records.’ Well the moment you do that you are going to get about three quarters of a million sites to choose from. Now of course a lot of these are duplicates, but no matter how you look at it, you are going to be swimming in choices.

Each and every one of these will have free tied to them somehow, but none of them are. The free tag is merely a keyword that they have used to show up on the engine with a very high ranking. You will go to the site and continue to be told it is for free and there will usually be a spot to enter the information of the person that you are checking on. Once you do the search, the bomb gets dropped. They tell you that they have the information, but now it is time to pay up.

While you will have to pay, these fee’s are generally not too bad. The more services you are getting, the more you will have to pay, but you won’t be separating too much cash out of your bank account. You can actually save a little money the first time you buy them by taking a bulk package. If you plan on doing more than one search, you are better off going this route. Still though, there has to be way to get this done without spending your hard earned cash.

The answer is yes, but you are probably not going to be too thrilled about the process. There is a public records department for every city, state and county in the United States. You are entitled to get access to these public records. What you are going to get accomplished on line is the downloading of the forms that you have to fill out in order to get this information. In this case, you are looking for divorce records, so do a search on their site for the forms that you have to fill out. Do your work and then throw them in the mail and wait for them to come back to you.

The choice is yours. You can pay a few bucks and have the information in your email in as quick as a couple of minutes or as long as a day maximum, or you can download all kinds of files, fill them out, mail them in and then wait patiently for the records to be returned to you. The choice is yours, it just depends how patient you are and how much time you have on your hands.

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What It takes to Be A Legal Secretary

January 24th, 2009

Upon completing your legal secretary training and gaining your qualifications you can now start applying for positions in law firms. But it is important that before you do start applying for any legal secretary jobs you find out some more about the kind of duties you will be tasked with. Below we look at just what some of these duties are and which will be carried out by either legal administrative assistants or a legal secretary.

1. Organization and Planning of Schedules - Attorneys and lawyers are busy people where the time they have available is at a premium, so they need someone who can optimize the time they have available to them each and every day. So they need a legal secretary who is able to organize their schedules in such a way that all their time is put to best use.

2. Preparation of Legal Documents - Both internally and externally there are many documents that will need to be prepared by a law firm and generally it is the secretary or the legal administrative assistant who will be tasked with ensuring that these are done correctly. But be aware the kinds of documents used and the way they are completed will vary from one law firm to the next.

3. Legal Document Filing - Should any case that a lawyer or attorney be involved in is going to court then there is even more paperwork involved. Normally it will the secretary or administrative assistant to the lawyer who will be required to produce and then submit these documents. Meticulous attention to detail is required and each document needs to be completed accurately. Also the lawyer needs an assistant or secretary who they can trust and rely on to make sure that all documents are filed in sufficient time.

4. Preparation for a Trial - Generally it is the responsibility of the lawyer to carry out the research for any trial cases, but actually preparing what has been found will need to be done by their secretary. So it is a good idea if they not only have a basic understanding of legal matters but are willing to learn more. For some secretaries they have improved their understanding of legal matters but taking an online paralegal programs and then getting some paralegal certificates.

5. Carrying Out Research ? Because precedents are a very important part of the legal process then lots of comprehensive high quality research has to be carried out. Often as the lawyer?s time is of a premium then this particular duty will often fall to their secretary to carry out.

6. Typing of Correspondence and File Maintenance - Along with the more exciting tasks a legal secretary will have more menial tasks to complete as well. But those who are good typists and can organize themselves effectively will be in high demand. In fact a major part of any legal secretary’s day is generally taken up in typing and file maintenance to ensure that all legal documentation is completed and to keep the clients abreast of what is happening.

As well as the tasks we have mentioned another thing that many a legal secretary will need to carry out is greeting the lawyer’s clients. So a legal secretary be able to interact easily with the clients and make them feel at ease as any legal proceedings can be a very stressful time for these people.

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Personal Bankruptcy and Tough Decisions

January 23rd, 2009

Deciding to file bankruptcy is not an easy decision for most people. Bankruptcies in Florida are no exception. The number of people for personal bankruptcy in the United States has reached epidemic proportions. Unemployment has reached a fourteen-year high.

Most people want to pay their bills. There are very few people who start out with the intention of filing bankruptcy. Circumstances often force people to change their best intentions. There are consequences to filing bankruptcy that should be considered.

Bankruptcies stay on your credit report for ten years. Bad credit rating typically stay on your report for 7 years, so 3 extra years may not seem that bad. Obtaining credit after either case will be more challenging and far more expensive. This is the most obvious consideration.

Bankruptcy is a moral decision for many You have been taught to pay what you owe. For many walking away form debt becomes a moral decision. This is especially true in the Christian community. However he law of the land concerning bankruptcy are there to protect the citizens.

There is no law that says you cannot pay back your debts one you are re-established. The economy needs productive citizens to function. Drowning in debt will never produce productive citizens.

Is bankruptcy right for you? Deciding if bankruptcy is the right decision is a personal one. No to people or circumstances are alike. Seeking the advice is bankruptcy lawyer is a good place to start. Most bankruptcy lawyers offer a free initial consultation.

Federal laws have established guidelines and metrics that help determine of you qualify to file bankruptcy.

The biggest mistake made by individuals filing bankruptcy is delaying the decision to do so. You know when your obligations are not being met. That is the first warning sign. The current in the stream of debt can be very powerful, heed the early warning signs, and make a decision. Once you have decided make sure to include all your obligations, as you cannot go back and claim you forgot a debt.

Should you decide filing bankruptcy is not right for you, the same principle is applied. Take the time to make an informed decision by talking with your lawyer. Once you have made a decision to file bankruptcy do not look back.

From that point forward you are on your way to financial recovery. There is something very liberating to telling bill collectors you have retained an attorney for the purposes filing bankruptcy.

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When it is Considered an Injury at the Workplace?

January 23rd, 2009

Injuries in the workplace happen all of the time. It is quite unfortunate, but certain obstacles get in the way, there are slip and fall injuryaccidents, and sometimes people may lift something and take out their back. There are so many things that can occur and many individuals are not quite certain when and if they should file a claim against their employer. If the injury causes them to not be able to function, then they lose wages and their quality of life is reduced significantly.

But when is it really considered a workplace injury?

Here is a list of workplace injuries:

- Carpal tunnel ” This is from typing in an improper position. The wrist should be positioned in a certain way. This can be due to the employee not using proper techniques, but this can also be due to the proper supports not being provided by the company.

- Falls ” If the floor is wet where it shouldn’t be or there is an obstacle in the way, this can be claimed as a workplace injury.

- Breaks and fractures ” If something occurs that causes you to break your arm or fracture any bone in your body, you can claim this as a workplace injury.

- Back, neck, and head injuries ” If you are lifting something and you hurt your back, you can claim the injury if you were not provided with the right kind of back support to prevent the injury. Neck injuries can happen in this way as well. As far as head injuries go, you can get them from falling, from something falling on you, or from something hitting you.

- Tendonitis ” This is the result of overuse of that particular part of your body. When it is work-related, there is a possible claim.

- Burns and lacerations ” If you are cut or burned on the job, then you may be able to claim the injury.

There are many other injuries that can occur on the job. The best way to know whether or not it is considered an injury in the workplace is when it has occurred because of something that someone else caused or was caused by the company themselves.

There are many instances in which the right safety gear is not offered. There are also cases in which a person may be severely overworked and it leads to overuse injuries. The best way to be able to file a workplace injury claim is to be able to prove that the company is at fault in some way. If you tripped over your own feet, that is hardly grounds for an injury claim although it happened at work. So you have to be mindful of what constitutes an injury at work and what doesn’t. Just know that if you cause the injury that you won’t be able to file a claim against the company since it wasn’t due to their negligence.

So if you find that your company is not employing the right safety measures, do something about it. Tell them what it is that you and the employees need. They should know this considering there are severe consequences for companies that don’t ensure their employees are safe.

In the meantime, exercise your own safety measures so that you don’t become injured. You never know when an injury may cause you to be out of work indefinitely and that can cause severe financial consequences for you in the form of medical expenses and lost wages. Workplace injuries are the most common injuries, so make sure you are careful when on the job. In the long run you’ll be glad that you were.

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Free Criminal Record Check - Can it Help Protect your Family?

January 20th, 2009

It is time to get serious for a minute. There is a story that I want to share with you about a family and it might shock you. However, it is important to know that all could have been prevented with a free criminal record check.

The first story took place in a nice smaller town with a family that consisted of a dad, a mom, and 3 children ages 9, 6, and 2. They were all three little girls and they were the apple of their fathers eye.

The mom and dad had to leave for two weeks on a business trip and they did not have any family that lived close by. They needed to hire a nanny for the two weeks they were going to be go. They placed an ad in the newspaper, conducted some interviews, and chose what they thought was the perfect middle aged, clean cut woman for the job.

They took off on their trip and checked in a few times while they are gone. Everything seemed like it was going well and nobody had called them to tell them otherwise. However, when they arrived home the 6 year old daughter was balling her eyes out. She finally opened up and told her mother that the nanny had touched her in places she should not have.

Later the couple found out that the nanny they had hired was a registered sex offender with a histor of abuse and violence. They had no idea about this and it was already too latel Had they gotten a free criminal record check done they could have prevented this and kept their daughters from being hurt.

It is important that you know that doing a criminal record check for free can take a lot time. It is not always completely accurate either. There is another option that will save you a ton of time, though. If you are going to be hiring a nanny, contractor, gardener, or anybody else that will be around your children, then you need to get a background check done. For a small fee you can use an online national database to do your check.

You will need the persons name, social security number, and birth date. You should also have them sign a release form stating that you can do the check. This alone will prevent most from even going through with the application if they are a criminal and think it will hurt their chances of being hired.

Then, you just have to be willing to share with them any information you find on the criminal background check. That is if they ask to know what you found. They should already know what is on there and if they are not willing to sign a release it is probably because they know what you will find.

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