Legal Articles Written by HG.org
When renting, leasing or purchasing property, it is vital that the agreement signed which contractually binds two parties together is understood fully. This may mean reading it and asking questions for clarification, hiring a lawyer to assist with the documentation or similar situations.
The Freedom of Information Act is connected to administrative appeals processes when benefits or records have been denied. The next step may be an appeal to reconsider the application. The judgments issued for these applications are explained by the administration to be in accordance with existing law and policies that are fact driven.
There are multiple states that permit the smoking of marijuana for medicinal and recreational use when at home. These laws do not usually extend to the public areas where standard smoking of cigarettes, pipes and cigars are allowed.
Collecting child support from a non-custodial parent can often be difficult. However, when the parents are in other countries, it can be even more so. Enforcement can be more difficult in these situations. However, there may be options available to the parent with custody and control of the child.
Retaliation in the workplace is not uncommon. When someone has contacted a supervisor or management of something that needs to be corrected, and this causes another person higher in position than the employee, this individual may retaliate. Retaliation may take many forms, but the most known involve the person being fired, laid off for invalid reasons, a dock in pay, a severe reprimand and similar concerns.
There are a variety of breaches possible with a company, but none are more crucial to client and customer data than security breaches.
When businesses are progressing forward from the beginning, it is important to ensure legal matters are set correctly and up to date. This means that checkups are performed and accomplished appropriately. It is imperative that companies properly utilize the associated legal channels and processes.
In most cases, it is recommended that a will be put in writing. This creates more credibility and indicates more clearly how the testatorís wishes should be carried out. However, in some situations an oral will may be created and enforced.
In Florida, a select group of individuals can file a petition to request to have their name removed from the Florida sex offender registry. Due to how serious prosecutors and law enforcement take sex crimes, the ability to be removed from this registry is severely limited and only available in special circumstances.
When a limited liability company partners or co-owners are unable to decide on a court of action, a deadlock occurs. There are procedures in the operations agreement that may assist in preventing this, but when it does happen, it is important to know how to break the deadlock.
Brazil enacted a Bill of Law also called the Anticorruption Law that puts civil and administrative liability onto companies and organizations that engage in certain corrupt activity. This places Brazil in the same grouping as many other countries to hold businesses liable for corruption.
Non-compete agreements are becoming increasingly common in todayís competitive marketplace. These agreements provide greater protections for employers by allowing them to restrict the actions of employees after their service is terminated. Many employers contain non-compete provisions in their employment contracts and condition the job on signing an agreement of this nature.
Defending against arson charges is often difficult, but this is more complicated when it appears there is a motive such as insurance or revenge for some reason. A criminal defense lawyer should be hired to assist in creating and building the defensive strategies available.
Arson is the act of intentional and malicious causing fires for the destruction of property. There are a variety of arson crimes, and additional charges could be issued based on additional factors such as insurance fraud and theft.
The key differences with robbery and burglary could determine sentencing that is light or heavy, fines that may be minor or excessive and other penalties. It is imperative to understand which is worse, how they affect the case and what to do when charges are issued.
While divorce is certainly an emotional experience, the financial impact of this transition can have long-lasting consequences. In some situations, it may be advised for a person who is going through divorce to put a freeze on his or her credit as a form of protection.
For someone from a foreign country to enter the United States, he or she must acquire a visa. This may be a nonimmigrant visa for a temporary or limited time within the country, or this could be a permanent residence stay with a full immigrant visa.
Having an independent contractor sign a non-compete agreement is an option that some businesses consider because they want to protect their information from disclosure to another party, especially a competitor. However, taking this action can result in unforeseen and significant consequences.
Trademark protections extend to both the physical manifestation and online presence of the symbol, word or phrase. This means that no matter where the brand is located, it is intellectual property and protected when a trademark has been obtained. It may not be used without the permission of the owner. However, if this permission has been cancelled, the other individual or company no longer has any rights of use or copying the logo or brand.
Expert witnesses must have experience in the subject of the case. This usually means that someone in the medical field has been hired to explain evidence, injuries and medical processes to the judge or jury. Members of the medical field may be used as consultants for an understanding of the exact procedures used, but the expert witness may be the go between for the lawyer and client.
Construction incidents are common due to a variety of factors, but it is when someone is injured that the case becomes serious. This means a construction litigation expert witness is needed to explain evidence, connect the elements together and determine liability and provide the responsible party to the judge or jury.
Hotel owners and franchisees have a relationship that benefits the brand behind the hotel. However, when the franchisee engages in activity that may lead to litigation, the hotel could be liable for these actions and an expert witness may be needed for the court case.
Payments to suppliers, contractors and vendors are usually accomplished periodically when items or services have been supplied to the business. However, mistakes are made occasionally that see some organizations and individuals keeping or obtaining monies when nothing has been provided.
If defamation has occurred against a business, it may take steps to recover damages for the harm done to its reputation. An expert witness may be able to provide information about the availability of damages and the extent of damages. This information may be shared with the business as part of a consultation or as testimony provided during court.
Getting an agreement in writing is important in all aspects of life. However, there are certain situations in which this is extremely important. One such situation is when an expert witness is retained by a lawyer, business or private party.
Lawyers may hire expert witnesses for various types of cases, including cases involving employment issues, intellectual property, engineering or a number of other areas. Sometimes these experts have attorney-client privilege with the lawyer representing the client. However, in other cases this privilege may not exist or may be waived.
The implied warranty of habitability relates to residential leases and requires that rented property meet certain standards. This warranty can impact a tenantís rights and a landlordís obligations.
Closely held companies are often kept to a higher standard than many other businesses to produce more and accrue greater amounts of revenue. When there are family or friends on the board or in higher positions in the company for the owner, this becomes more complicated and often difficult to process personally.
With the increase in the need for safety on the roads for the various different incidents and accidents, the self-driving cars may be the answer that law makers and legal regulations are looking for. However, how these autonomous vehicles affect business laws is not fully realized, and it may take some years with these cars on the road before laws are able to catch up with the technology and innovation.
When a former spouse does not comply with a court order to pay spousal support, there may be a number of remedies available to the recipient spouse.
Due diligence is essential in many different aspects of business to include real estate property purchases and selling. To ensure due diligence is accomplished, those involved must investigate the situation and ensure all legal and other matters are taken care of to include provisions, conditions, contracts and any other related concerns.
There are various clauses and terms and conditions that apply to leases and contracts between landlord and tenant. However, landlords may still be liable for damages due to state laws, regulations and stipulations within standard agreements.
Burglary is known as an activity where someone illegally enters some structure, home or building with the intent to commit a crime such as theft. These incidents usually transpire during nighttime hours, and the penalties are often severe when conviction is the end result of being caught.
Can Advertising Support be the Object of a Lawsuit by Competitors or Lawyers not Considered the Best?
The rules of professional responsibility govern the ability to advertise services of a lawyer as the best in the industry or in a certain location. This claim is subjective and may be misconstrued when the legal representative is unable to win every case for every client.
The ethical responsibilities of a lawyer are to ensure the best possible results may be delivered to his or her clients. This means researching the matter, creating the best strategy for the court room, negotiating for the best benefits of the person with opposing counsel and a variety of other items.
When someone writes a fake review for a website, product or service, it is possible he or she could be sued by the company. It is essential to research and review the law before posting erroneous details and information.
Online reviews for products, services and amenities through websites and companies draw customers and clients in for business. However, some of these organizations pay for the online reviews, which could be in the gray legal area.
When a company has been involved in certain types of conduct, it may be possible to seek legal action against it. However, there are specific guidelines to seek the court room assistance in these matters. Getting an injunction is not as easy as just applying for a motion with a judge.
In situations where theft occurs, there may be a few options in progressing to a potential resolution to the matter. It may be possible to seek the assistance of local law enforcement to seek a solution. Another possibility is hiring a lawyer to help throughout the procedures.
In todayís mobile world, many people own property that is located in other states. They may own a vacation home or may keep certain personal property in another state than the state where they currently reside. This property must be carefully accounted for in a personís estate plan.
Family and adoption laws are often complicated in the United States. If there is no legal action taken for children to be adopted by a stepfather or stepmother, these cases may become even more difficult.
Intellectual property most often needs both the standard and extra protection from theft, reproduction or those that would build upon the previous work. This is for multiple types of these works to include what a trademark safeguards. Defending the intellectual property from possible violations generally takes registration, a good lawyer and ensuring the information is used properly.
Social media has been utilized shortly after its inception by the companyís with owners that understand how it may be used to influence and garner a greater amount of consumers. When the media advertises the products or services of a company, the public becomes aware of what is available, how to purchase it and what business to remember when the item is well liked.
In the scope of business dealings, there may be any number of conflict of interests that arise. Some of these interests may have the potential to disrupt the business or put a business partner in troubled legal waters.
When an heir receives inherited property, there are several actions that may arise or transpire after probate or other legal activity has completed. These processes may occur due to debts owed by the previous owner, the current owner or through complications that arise at some point.
Family law requires knowledge of a broad spectrum of subjects such as divorce, child custody and even separation. An expert in these matters is able to provide help in various functions of family law within the legal realm. If a child is in the middle of a custody battle, a family law expert witness may provide the insight into the matter that the judge may not have considered or known previously.
During the divorce process, the spouses may make decisions regarding their property, including how to divide it and how to dispose of it. One of the major assets that many couples must make decisions on is the family home. However, the spouses may not always agree as to what to do with the home. By exploring their options, they may be able to reach a resolution.
When someone who owns a business wants to get his or her family and friends involved, this should usually not include stock, interest or shares in the company. This could cause complications. However, there are some instances where this is heard of and standard such as friends and family shares.
Websites fall prey to liability just as businesses and company owners do through various acts, terms, users and injuries. There are many website creators that are sued based on the content and lack of content within the pages.
New employees facing a company going bankrupt need to understand what rights, if any, they have once the business fails. This means research, contacting corresponding officials and asking for advice and information online or through other services.
When someone dies, it is important to understand what wishes must be adhered to, and who is responsible for final rights and preparations. This may depend on the state, if an estate plan was in existence at the time of death or if the parents are given the choice.
When someone has been involved in medical malpractice with the heart, a cardiology expert witness is often necessary. These professionals have knowledge of what standard guidelines should be used when performing surgery, medical treatment and in prescribing medication. If the physician appointed to the patient did not follow standard procedure, he or she could be liable for damages to the victim of the incident.
Emergency custody usually is granted when there is a danger to the health, wellbeing or life of a child in a marriage or divorce. Typically, this occurs when one spouse is attempting to leave the other due to possible physical violence or if the life of the child is threatened.
When purchasing residential real estate, it is often difficult to avoid potential dangers, risks to health and defects that could cause severe complications. Because of these issues, it is imperative to protect the buyer or owner from possible problems.
Thinking about succession planning for any business can be difficult for any business owner. However, the topic can be particularly difficult for owners of family businesses. They may have established the business themselves and want to pass it down to maintain their legacy, or the business may have passed several generations. Carefully considering a number of factors can help the business owner make conscious decisions about the future of his or her business.
Arson investigations occur when a building that has caught fire may be suspicious. A person that either owns the property or has insurance on the real estate may be suspected of causing the first that burned it down.
It is important to understand what a life estate is with property and how it affects a person. With this, the rights of an individual applied to these situations must be fully comprehended so that mistakes are not made. A life estate is usually property that has been acquired during the lifetime of a person with his or her ownership only lasting through the time he or she lives.
In family court, there are several types of orders that affect different persons in various manners. Some of these are temporary, and it is possible to see temporary orders become permanent or final orders. This is due to the numerous issues that must be sorted, understood and completed during divorce, custody and other problems with the family.
Protection at work for gay, lesbian and other persons with similar lives is not always available. This is highly dependent on state legislation, since there re generally no federal laws that safeguard these individuals from discrimination and harassment. Unfortunately, not all states have the same or similar safety for any employee other than straight persons.
Expert witnesses accomplish much work before the act of testifying is needed. They work up a report, analyze evidence, connect the incident to certain persons and actions and many other tasks long before they are called in the court room. Many of these professionals adhere to scientific methods to determine certain aspects of a case.
Disclosure is vital in real estate, mortgages and all other manner of transactions. When the disclosures are not performed correctly, it is possible that severe complications may arise, and legal action may transpire. However, there are several guidelines and rules that should be adhered to so that these difficult situations may be averted.
Child support for fathers and mothers that are required to pay for the primary custody holder is usually based on certain factors implemented by each state depending on where the child lives. This extends to various other situations that may include joint or split custody, impaired children, special needs children and disabled adult children.
Employers started purchasing workersí compensation packages in accordance with some state laws in addition to protecting management and the company from liability in worker accidents.
As options for television channels have increased, satellite TV has become a very popular alternative to cable. Unfortunately, to receive these broadcasts, one needs to install a satellite dish on the outside of a building, and this can lead to disputes. Thus, many ask ďcan anyone stop me from putting up a satellite dish?Ē
Keeping digital data protected and safe from others is not always easy or possible. However, there are various methods that are employed by knowledgeable tech persons which may provide safeguards from loss of data, corruption and hacking.
When creating a Limited Liability Company, there are many questions that need to be answered before progressing too far into the contracts, agreements and operations of the business.
An expert witness is needed on many cases to explain evidence, draw a conclusion from the proof provided and to reconstruct the incident when necessary.
The Defend Trade Secrets Act was initially implemented as law in 2016. It provides for a federal, private, civil cause of action for any trade-secret misuse or theft where someone that owns a the trade secret may bring civil action through a lawsuit if the trade secret information that is connected to a product or service that has been put into use for interstate or oversees business.
For real estate transactions, deeds are necessary to transfer the title of ownership from one individual to another. The contract drafted for these dealings sets terms and conditions of the arraignment, but the buyer has no valid property ownership until the proper deed has been supplied and accepted.
After acquiring the United States trademark, it may be possible to obtain the same protections globally through an international trademark for the brand of a company.
A fraudulent transfer could occur when a creditor involved in a real estate transaction has participated in either an unfair or invalid financial transaction with the property. This may transpire through financing arrangements or similar circumstances.
There are various crimes involved in car sales. Odometer fraud is one of these, and it does permit the new owner certain actions when he or she discovers the crime. Even though this is not a legal action, there may only be so much time to pursue a course after the odometer issue is revealed.
When an insurance company has denied coverage, is unwilling to provide a settlement and similar matters, an insurance company may be involved in bad faith claims. This means the carrier is attempting to get out of providing entitled monetary compensation for a policy that has coverage of the damage caused by the incident.
Child support is collected from the parent that earns the most income from work or other projects. The amount and stipulations on what is considered part of this may vary state by state, and there are various factors that determine how much is garnered from the individual for spousal or child support.
Since Facebookís launch, millions of users have been drawn to the site to give friends updates, share pictures and reconnect. As such, it has provided people with a platform to communicate information in a way that they may otherwise never have considered. While posting information on Facebook may give people a sense of anonymity especially if their profile does not reflect their true identity, posting certain information on Facebook may provide the basis for a lawsuit.
Arson usually involves at least one other crime when committed such as insurance fraud. This happens when the person that sets the fire also has an insurance policy on the building and causes the immolation for the settlement the carrier would provide.
Expert witnesses are needed most often when there is an aspect about a case that needs clarification for the judge or jury. In pharmacology cases where there are defects in warning labels, these experts are uniquely qualified in detailing the effects that these defective labels may cause in the health of the public either for an individual or a group.
There are certain regulations and stipulations to the Internal Revenue Service with laws in the United States that may restrict travel or the ability to obtain a passport when taxes have not been paid. This usually involves tax debt that has been accruing or that has not been completely paid off for past taxes due.
Railroad incidents often occur when someone is not paying attention to the warning signs available. However, these complications may involve other factors that require an expert witness to describe in the court room for the judge or jury panel.
Multi-jurisdictional lawsuits are difficult to defend against and are extremely complicated due to the numerous suits from more than a single jurisdiction. This means that the defending party must prevent conviction more than once, and he or she may need to contact additional legal representation or expert witnesses if the crimes issued are not similar.
Class action lawsuits are common place in the United States due to numerous complications with a variety of victims that are all harmed by a organization or corporation. It is important to attach to the main action if the person has similar circumstances and may be proven to be involved.
The foreclosure process is often long and arduous for someone that could not keep up with mortgage payments or other liens on the home. However, for those in the middle of this procedure, there may be options open in how to proceed without losing everything.
Parents of a child may be unmarried, but they may still sign a Declaration of Paternity. This provides the legal benefits and rights of being the father of the youth in a relationship. Any male that signs this document does so voluntarily, as it is not required for any individual to sign a Declaration of Paternity for any reason.
When all the rights of someone that is on a lease or a tenant of a residence are transferred to another person, an assignment of lease is accomplished. These are title documents as well as the process, and it is the rights of possession that are moved to the other individual.
Yo-yo financing is detrimental to those affected by these situations, and it occurs through a deal with the car dealership when the financing falls through even if the person was told he or she is approved at the company.
Nondisclosure agreements are crucial in keeping business secrets from others, competitors and the public. When there are practices, processes, ingredients and numerous other items that must not be disclosed to anyone other than those directly involved in the methods and actions of creating products, services or disseminating information, it is vital that these secrets are kept within the confines of the company walls or with those safe and secure in the organization.
One highly contentious aspect of a divorce is spousal support. Spousal support may be awarded in a divorce action which involves one spouse making monetary payments to the other spouse for a specified duration of time. A court may order spousal support, or the parties may make an agreement pertaining to how much, for how long and under what conditions spousal support will be paid, if at all.
Hiring the right expert witness for the case is imperative when certain aspects must be explained in a way that the lawyer is unable to do so for the judge or jury.
Developing trademarks for brands is essential for companies and businesses in the United States. It is important to apply with the knowledge that a trademark takes certain steps, requires time and must be reapplied for once the initial time limit has passed.
Arson is the crime of intentional, willful and actively burning a building or similar structure. When someone causes this to occur, he or she may also be involved in other crimes.
In order to asset the legal professional privilege clients are entitled to for most legal matters, this means that the communications between the legal representative and the client are protected from being disclosed to others without the expressed consent of the client.
When dealing with an auto dealership to purchase a vehicle, it may be possible to request a CarFax report. However, this may only be possible if the vehicle is registered and has a file with the website.
Carfax reports may not reveal all the details of a vehicle that is being sold. However, if reparations are not made with the company, those managing it may be liable for damages or criminal charges such as fraud.
White collar crimes are typically non-violent crimes that involve some type of deceit that yields a monetary gain for the perpetrator. As opposed to other crimes, white collar crimes are usually committed by individuals in professional positions of trust. It is this position and assumed respectability that allows individuals to commit these crimes.
The protections afforded trademarks have extended to potentially offensive symbols, phrases and words. Using these brands with a trademark safeguard behind them may lead to outrage and other concerns in the public.
When someone has decided that a business should be created, he or she then must determine several things. Of these, the most important is often the matter of funding. There are various sources of possible money to invest and startup a new business, but each method must be researched and understood before moving forward.
Interns are used widely in companies where these individuals learn the tips, tricks, procedures and processes within a company so that they may be hired on with the experience needed to do the job at the hiring point. However, many internships are unpaid, and numerous persons that work through an internship do so at the behest of a college course.
It may be important to obtain a land trust so that assets may be protected in a number of ways. These are private agreements where the trustee permits to holding the title of a property so that another party may benefit. This person or beneficiary is usually the individual that creates the trust and is generally the original titleholder of the property in this agreement.
Experts hired for a case generally provide a report of the incident that includes their conclusions, opinions and different stages of the issue based on evidence and testimony of others. That means that the value of these reports must be great and the quality should be above reproach.
The parent with the most income from a career or when taking on financial projects is usually the one tasked with paying child support for the person that has primary custody. This is usually the father, but in some circumstances, the mother is the individual that must provide monetary support.