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General Practice Lawyers USA - Recent Legal Articles
- What is Hearsay?
Easily, one of the most complicated subjects for law students to grasp and one of the most commonly misused terms in the English language is hearsay. Many incorrectly use it to refer to something that is speculation or rumor. What is hearsay? Is it admissible in court? Are there exceptions?
- Who or What Can Legally be Considered a Person
Since the dawn of civilization, there has been an ongoing philosophical and political debate about who or what can legally be considered a person. Traditionally, this took on the debate of whether certain human minority groups should be afforded the same rights and obligations as those in power. But, the debate has shifted in recent years to one involving non-humans. So, what makes a “person,” legally speaking.
- Who's Who and What's What in the Courtroom
Going to court can be a stressful experience, especially if you have never been. Aside from the fears of what may be at stake or concerns about a new social setting, many are scared of embarrassing themselves by not knowing who does what, what things are called, etc. There are actually a number of traditional rules, terms, and procedures many are unaware of, and though not usually that important for the lay person, knowing what they are could be useful in putting one's mind at ease.
- Do Animals Have Rights?
Many have heard of people who hold themselves out as “animal rights activists,” but what does that really mean? Can animals really have rights? If so, how do they exercise them and what are they? Obviously they can not be the same as human rights or anyone who had a burger would be an accomplice to murder, so what is protected?
- Methods of Service of Process
Service of process must be done accurately and according to the rules of each jurisdiction. Generally, three methods of process are permitted: personal service, substituted service, and service by publication. Personal service, or hand delivery, is always preferred as it is seen to be most accurate. Substituted service is allowed when the defendant is unable to be contacted in-person. Service by publication is only used as a last resort, as it is quite unreliable.
- Legal Advertising in America
While billboards and television ads with lawyers faces and slogans may be commonplace today, just a few years ago such advertising was not permitted for attorneys. Over the last two decades, restrictions on lawyer advertising have relaxed somewhat, allowing the proliferation of ads we see today. Still, these advertisements are not without restriction.
- I Won My Lawsuit, Now How Do I Collect?
So, you have won your lawsuit, but the other side has not simply cut you a check. What do you do? How can you go about collecting your judgment? These are a few tips to help you with the collections process:
- How Do I Get the Other Side to Pay My Attorney Fees if I Win a Lawsuit?
It is one of the most common questions attorneys receive: how does one sue to get back their attorney fees in a lawsuit? Whether a family law case, a contract dispute, or a tort action, many believe they are entitled to recover their attorney fees from the other party if they win. But, is it that simple?
- What Can a Legal Aid Clinic Do for Me?
Many in legal trouble have needed the aid of an attorney but did not have the resources to pay for one. Some have heard of legal aid organizations but may wonder what services these organizations can provide and how useful they really are.
- Why Should I Have to Pay a Retainer Fee?
When hiring an attorney, a potential client is often asked to pay an upfront fee called a “retainer” in order to hire the client. Many clients wonder why they should have to pay such a fee, particularly when they are sometimes non-refundable and they have not yet received any benefit from hiring the attorney. What happens if the case settles shortly after paying the retainer fee and before the attorney has done much work?