Legal Articles Written by HG.org
Air pollution is a serious problem for workers and those that reside indoors for most of the day or night, and these issues could lead to litigation. The Environmental Protection Agency becomes involved in these matters when the pollution affects others, and this could lead to negative consequences through a lawsuit against the individual or company liable.
Loved ones who are concerned about a loved one may decide to seek a formal appointment as the individual’s guardian or conservator. Which designation the person seeks will depend on the state where it is granted, the purpose of the appointment and factors specific to the person’s particular situation.
Illinois is an equitable distribution state, meaning that if a couple gets a divorce, their assets and debts that they accumulated during the marriage should be equitably divided between the parties. In Illinois, businesses interests can also be divided between spouses. Understanding how business interests may be divided can keep spouses informed during the divorce process.
Leases are necessary to ensure that a person owns a parcel of land for the period of the lease agreement which is a legal binding contract. In certain leases, the tenant must build his or her property assets, and then at the end of the lease term, all rights of ownership then transfer to the landlord unless it is a ground lease which keeps the possession of assets in the family.
It is important to file an accident claim immediately after medical treatment is sought to ensure there are fewer complications with acquiring compensation or a settlement with insurance companies. However, if an injury claim arises weeks to months after the initial incident, this may show that the other party is attempting to acquire funds without a legitimate injury.
Factoring in depreciation of a building that has been purchased for commercial means is important for taxes, the value of assets and if the property is to be sold at some point. These numbers are applied to tax documents and in accounting books for the company, and it is essential to know how much the real estate value is each year.
When someone dies, someone must take on the tasks of finalizing his or her estate. If the decedent had a will, this individual is the executor who is named in it. If the decedent died without a will, the probate court appoints someone to serve as the personal representative. He or she is ultimately responsible for paying any estate taxes that are due. An estate tax or death tax is paid out of the decedent’s estate after his or her passing.
Renewing a lease is complicated when the tenant does not know what to look out for in clauses and conditions that are added or changed with the renewal. Because of these issues, it is imperative that the tenant read through and become aware of everything in the new terms as well as communicate with a lawyer to consider the best option moving forward.
Many cheated-on spouses feel that they have been irreparably harmed and disrespected in their marriage and that they will be able to get everything they want in a divorce because of the adultery.
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.
Dental malpractice claims arise when the dentist or his or her staff cause an injury to a customer that needs dental work completed. While the claims may require evidence and proof for a possible success, the claims may lack the necessary strength if the dentist or others have little income to supply the claim with compensation.
Natural disasters cause injuries, death and destruction in their wake, and many require the relief of various agencies and the government to become involved. When these complications arise and affect homeowners or business owners, there are numerous tax relief schemes open to provide support and help against these problems.
If a person is convicted of a misdemeanor crime in Illinois, he or she should be aware of the potential penalties that he or she may be facing. The sentencing guidelines describe the maximum penalties that may be imposed by the court. The actual sentence that is received depends on a number of factors, including the type of crime and which class of misdemeanor is charged.
In Florida, self-defense may be asserted as a defense when someone exerts force in a manner that would otherwise be considered unlawful. This defense may be asserted in cases involving physical violence, such as to refute claims of domestic violence, battery or murder.
Vehicles with self-driving capabilities may exist and drive many individuals to various locations throughout the United States, and this includes New York. However, there are sometimes severe negative consequences when an accident occurs with these cars due to no human driver affecting the travel.
When a foreign national is already a student through granted F1 visa status, he or she faces several restrictions that may remove the possibility of work authorization before the degree is complete. Even amidst these limitations, the student may acquire employment in the United States that may extend or change a visa to a work or permanent green card.
When a company is unable to remain open for business under the current capacity, bankruptcy is often the option chosen through Chapter 11 to remain functional and keep revenue incoming. While this type of bankruptcy is a reorganization that permits the owner to plan and restructure the company to stay open, most of the assets and other items are sold off when a Chapter 11 is initiated.
Some processes for California divorce require mediation before the parties are able to proceed to litigation, if that is even possible based on the circumstances of the situation. However, mediation may permit both spouses to seek a nonaggressive and peaceful resolution to the divorce process that provides a compromise to what both are seeking.
Illinois adopted a law, effective July 1, 2017 that changed how child support is to be calculated. The state now uses an income sharing method of determining how much child support should be ordered. There is also important key information that parents should understand about deviating from these guidelines.
When a person goes through a divorce in California, there are certain processes that may transpire differently than in other states, and it is important to understand how to proceed with property division. It has taken decades for California divorce laws to evolve, and for those that have been married in this state, it is essential to research and then hire a lawyer to provide the best possible experience.
Crowdfunding is the new innovative way for an average person to seek peer-to-peer lending or investing funds for various projects. These methods may combine with older or dissimilar processes in real estate ventures to provide million-dollar projects for those with these funds and individuals that are unable to bring that kind of money to a real estate investment without help.
In North Carolina, it is common for people to lose their driving privileges after being arrested on suspicion of drunk driving. In some cases, it is possible to have these driving privileges restored.
In late 2017, a widespread “#MeToo” campaign tore across the country, highlighting multiple incidents of high-profile assaults committed by actors, CEOs of large corporations and other prominent members of the community. This campaign also caused millions of people across the country to reveal information about their own assaults and make accusations against people who may have never been confronted before.
Divorce usually leads to a division of property with a judge overseeing the matter and determining if any other processes are necessary between the two spouses. However, in various states around the country, there are certain specifics that may change what procedure occurs and who is responsible for which processes in the divorce.
Mayhem is an unlawful or malicious activity where the person has severed a limb, disabled or disfigured the individual, has cut a tongue or put out an ey and has slit nose, ear or lip areas of the face. These serious crimes are against the law in the United States, but may have severe consequences in California.
Online gaming may present various problems to litigation and criminal violations depending on numerous factors that may occur with certain situations. When the circumstances revolve around property that is abandoned, this could lead to additional difficulties with the previous owner and the determined abandoned.
When most people think of estate planning, they think about a will and other documents that they should put in place in case they die. A person’s goals with an estate plan may be to provide for their family, distribute their wealth after they have died and to avoid the probate process. However, an integral part of an estate plan is planning for possible incapacitation.
Restrictive covenants in sales, purchases and running of businesses are being scrutinized with more attention to how employees are affected and what restrictions are needed by the courts with the employers. Some covenants cause changes to the operations in a company, and these could harm employees when non-competition and nondisclosure covenants are used inappropriately.
When a person is charged with certain offenses in Texas such as driving or boating while intoxicated, he or she may have his or her driver’s license suspended or revoked through an administrative process. This process is independent of any separate criminal prosecution on the matter.
Going through a divorce is often difficult and may become a tricky and emotional affair, but doing so while also filing for bankruptcy is enough to break a person. It is recommended to have a lawyer for divorce proceedings, and this could affect how the bankruptcy procedure works and what is affected by either spouse.
When the government has seized the land of another, this involves regulatory taking, and these cases are complex with various parts that may require explanation. Some issues that popup in the claims of individual land and property owners include property boundaries, the taking of too much land and nonpayment of seizure.
Selling of products that are originally one or more different items is difficult based on certain factors that could negatively affect the individual or business attempting the sale. There are trademark laws in place that protect the intellectual property such as designs or processes in trade secrets which may alter or change what may occur with these sales.
Appeals are available when conviction occurs, but these are not always effective and may even lead to further disappointment if they fail. However, appealing in a California criminal law case is necessary for many that face severe penalties and prison or jail terms on top of extensive fines.
Same sex marriages are not recognized in North Carolina, and this causes severe complications for the married spouses when they need to dissolve the relationship. Because the state deems these marriages as nonexistent, the couple must seek additional legal help to ensure the divorce is valid and fully ends the relationship.
Small Business Association disaster loans are received when a company or individual suffers through a natural or manmade disaster such as a flood, hurricane or detonation area. These loans are available to assist these individuals or groups through hard times, and the effects on taxes are often beneficial when the person receiving the loan has no other debt needing payment.
Small businesses may have multiple awards that provided to subcontractors when they are eligible for program participation with certain jobs. There are various issues with these situations based on how large the program is and which companies and individuals are available for work with the projects to participate.
An assignment within a lease document may permit someone to let another individual take over the rental payments and other responsibilities when he or she is unable to continue as the tenant. However, without a specific condition within the lease document, it is possible that various problems may arise for the landlord at some point.
The Small Business Administration 7(a) loans are the primary source that small business owners seek to finance a business venture throughout the country. There are numerous factors that need consideration such as interest rates, flexibility of payments and growing or expanding the business once enough revenue received increases the possibility.
Assault Charges against My Manager Resulted in Threat of Employee Termination. Is the Owner’s Threat also a Crime?
Any type of assault, discrimination or harassment in the workplace usually leads to either criminal or civil charges against the individual, even if he or she is a supervisor or manager. However, additional charges or damages may apply if he or she threatens retaliation for legal actions against him or her by the employee.
Many people are influenced into drafting their own wills. They may want to save money by not hiring a lawyer. They may want to maintain privacy and think the best way to do it is to write their own will. They may pick up a do it yourself kit at an office supply store and feel they are competent to prepare a will.
Tax deductions increase when someone makes a charitable donation to various worthy causes, and these affect how much the person pays back to the government at tax season. It is important to consult an expert due to possible adverse effects, but a professional may assist in increasing all possible deductions with taxation.
Car accident claims arise often when there are more individual drivers on the road, and these may increase difficulty in acquiring compensation when the other driver lives out of state. Resolving these matters in Massachusetts is less complex when a lawyer assists with the injury claim so that monetary awards are possible.
When a person has worked for a company for a requisite number of years, he or she may be eligible for a pension. However, the employee may sometimes die before he or she receives the pension or before receiving the entire amount of the pension. This leaves open the question what happens to the pension when an employee dies. In some situations, an adult child may receive the remainder of the pension.
Subcontractors to a company, contracting agency or working with an individual have limitations in what work may be completed based on the current laws and what statutes permit in singular states. Some of these changes are implemented by Congress such as the National Defense Authorization Act with several alterations with entities and prime contractors.
There are several commercial real estate conditions and terms, but the net or gross lease could contain the most significant for the tenant based on what type of lease he or she is seeking. Gross leases versus net leases are the types of rental calculation methods that affect how much and at what point the tenant is to pay his or her lease payments.
Many criminal defendants in Texas receive probation as part of their criminal sentence or as an alternative to incarceration. While receiving probation is commonplace, it is important that criminal defendants understand how this process works and how it may affect them.
Divorce and separation in the United States often results that a child of divorce usually winds up with less contact with at least one of his or her parents and that particular side of the family. Understanding how divorce can affect time with a person’s child can help him or her lobby for more meaningful contact with a child after separation or divorce.
Various experts tasked with studying the new tax laws determined that there are different impacts on families based on certain factors for each. These may include or involve single parents, multiple children and extended families where grandparents receive their grandchildren as primary caregivers.
When it is apparent there is the need for the Internal Revenue Service to become involved in the interactions with a company or an individual, an IRS audit is the likely outcome. When these agents are dispatched to determine the reason for the audit, it is best to cooperate to the best ability and provide honest answers to the questioned asked.
When an investor from another country is working with the United States, he or she may face consequences with taxation based on what process he or she has followed. There are several ways that lead to negative impact, and this could include a failure to report income for investments outside the country when the foreign citizen resides in the United States.
Bankruptcy is a serious process, and only those that are fully aware of what this entails should proceed with all appropriate files, records and information supplied to the officials. The effects this method of debt erasure cause are often negative and detrimental to the credit of applicants seeking to remove arrears.
When someone has a conviction for driving while intoxicated, he or she have this on his or her record for a long time before it is expunged. In New Jersey, the typical time frame is up to ten years for these individuals, and there are certain circumstances that could increase the usual penalties that cause this time to increase.
A community property trust can protect the interests of a married couple. This in turn allows the spouses to retain a larger value of estates in the family. It is important to understand the legal identification of property and how community property trusts function so that you can protect your legal and financial interests.
The elderly placed in nursing homes sometimes need special attention, and injury or death may occur when this attention and help is not possible due to staff shortages. However, the nursing home may be liable for damages based on certain factors with the elderly person staying in the facility.
Tax deductions and the new tax law affect professional sports teams and the athletes that play or belong to each team. While the impact could affect some for the better, those that earn more than the $10,000 cap in each year may face severe amounts owed when the income is over seven or eight figures for the year.
Erasing a criminal record from an ex-convict is difficult and require a lengthy process with many different factors involved. In Georgia, it is almost impossible to erase a criminal past entirely from records of those that have been released from prison, and this could lead to additional problems for those that have already served time.
Foreign nationals that are in the United States through a student visa need to remain attentive to the paperwork and files necessary for visa extension. When the deadline for filing approaches or when an extension filed requires help, these foreign students must contact the appropriate offices to provide whatever additional details demanded.
Child custody arrangements are often difficult to manage when both parents are attempting to acquire primary custody. There are diverse options available based on the circumstances, and the divorced or separated couple should research and understand each before proceeding through a court.
Landlords often become the plaintiff when the tenant has either not paid rent or has damaged the unit he or she is living in under lease or rental agreement. The landlord usually has an entitlement to rent, security deposit and damages in the event that renters destroy the property, and this is when the lawsuits typically arise.
The Environmental Protection Agency protects farm workers through poisoning and injury incidents with pesticides around the country. The workers protected through the EPA have standards that apply to these situations and may change based on laws and regulations which affect the ability to sue and collect compensation.
In the 21st century, many states made great strides towards decriminalizing the possession of small amounts of marijuana. Some states even passed laws that made marijuana possession legal even for recreational purposes. While Illinois has not gone that far yet at the time of publication, it has started to reduce the criminal sentences associated with small possession charges.
Cruise ship injuries occur infrequently, but when they do, they are often severe with passengers falling overboard or suffering harm on the ship. Expert witnesses hired for these lawsuits generally explain the dangers of certain areas and how proper safety prevents these incidents from transpiring.
Reporting large cash transactions with a financial institution and verification of a customer’s or client’s identity are both required to deter, prevent and avoid illegal activity as per the Bank Secrecy Act. These transactions are affected by tax forms and other processes that could lead to money laundering and terrorism in the financial world.
Texas bankruptcy filings are similar to those found in other regions of the country, but there are certain exemptions available based on specific factors. Most of these exemptions exist with what is possible to retain after the procedure has completed, and this is most beneficial to landowners and those that want to keep their vehicles.
Certification to work in the United States may be accomplished through various means, and acquiring an Alien Labor Certification is possible by non-citizens of the country that have been provided the ability to work and live permanently in the nation. While there are many ways for green card status to be applied, it is important to ensure all rules and regulations are followed strictly.
Fair housing laws are violated when a protected class of individuals is harmed through discrimination from the landlord or owner of a building. While these incidents are illegal, the burden of proving this is placed upon the plaintiff’s shoulders, and he or she must litigate this in court if a settlement is not an option.
There are certain procedures necessary through the Internal Revenue Service when the owner of an estate has a foreign bank account called the Reports of Foreign Bank and Financial Accounts or FBAR. If the person with these accounts has not disclosed revenue, interest and income that has been placed in these accounts, he or she could face criminal charges.
In Illinois, many families decide to place their loved ones in a nursing home for care and treatment. This is a way for family members to leave their loved ones in the hands of professionals who have a background in caregiving. While many residents do receive the quality of care their families expect, some do not. Due to overstaffing, lack of training and other factors, nursing home residents may be neglected.
An H1B visa lottery is necessary for certain immigrants that are unable to acquire sponsorship for certain green cards, obtain permanent or temporary work visas through a company or by other means. Due to the necessity of needing to obtain an H1B visa, some foreign nationals may need to wait until the new year permits the lottery to start issuing these.
Condemning a property is similar to inverse condemnation when the government that seizes the real estate damages it beyond repair. Eminent domain and inverse condemnation are similar and may affect the homeowner in various ways where the entire portion of property or only a parcel are taken by the federal or state government.
Moving to the United States is either increasingly difficult or a moderately hard accomplishment for a foreign national. These factors are dependent on the federal government laws and regulations that affect foreign citizens based on what is believed a good or bad idea.
Corporate tax laws change how the business is structured, how assets are financed and what occurs with the owner and other clients. These changes could alter the very initial processes that start the hires for new workers, and any change may increase or decrease profits that are driven by the hardworking employees chosen based on these laws.
Prenuptial agreements can impact the effect of an estate plan. This is why it is important to understand the potential implications of a prenuptial agreement before entering into as well as what plans can be made in an estate plan after it has been entered into.
Marijuana is currently illegal in the state of Illinois for recreational purposes. Using, distributing or selling marijuana in any quantity is criminalized in Illinois and can lead to significant repercussions for individuals convicted of offenses of this nature. Understanding laws regarding marijuana can help individuals avoid criminal charges.
While much attention goes to child custody determinations in Illinois divorce cases, a subject that can be just as contentious but that does not get the same amount of attention is what happens to a man’s best friend during this proceeding.
To remove, transport and eradicate waste, the Resource Conservation and Recovery Act or RCRA was implemented for these controls and to ensure the small businesses are able to ensure the contaminants are removed from the premises. While there are federal regulations attached to the RCRA, the process permits hazardous waste removal and treatment at the small business site.
Juveniles that are placed behind bars may not remain in solitary confinement beyond a certain amount of time based on new changes to laws in various states. Permitted circumstances are possible based on the state involved, the situation and other mitigating factors that could lead to extended time in solitary confinement.
When contracting with the federal government in a business deal, the Federal Acquisition Regulation has strict standards in cybersecurity and measures to protect data. It is essential to adhere to these rules to retain and acquire the contract for business deals and to ensure revenue is prospering for both the company and the agency.
Expert witness hires come with billing arrangements that are usually set before the professional becomes part of the case. However, sometimes, the lawyer may initiate services, and then he or she will iron out the details after so that the billing is understood.
Tax laws change constantly, and the effect may extend as wide as to law firms, partners and clients depending on the circumstances and the changes in these regulations. It is important to understand the potential impact that could occur to various entities and professionals based on taxation modifications and how the consequences may reach others.
Nursing homes are required to provide quality care to nursing home residents. Duties may be outlined by state law, laws governing care required to receive payment from insurance companies or in the contract between the nursing home and the resident. If the nursing home violates its duties to the resident, it is possible that the nursing home resident may have the right to file a lawsuit against a negligent nursing home.
A business can be a solid investment for many individuals. However, investors may turn away from a prospective sale if the proper prep work has not been laid. Individuals who plan to sell their business can take several proactive steps to properly prepare for this process.
Like all other states, Texas is impacted by the opioid epidemic. This includes the loss of life and extensive property damage that results from car accidents caused by people impaired by opioids. Recent influx of opioid usage and increased traffic fatalities is cause for concern for motorists on Texas roadways.
Subcontracting business to another individual or agency is important for small businesses and certain contractors for various tasks. However, it is important that the common and significant problems are avoided as much as possible to ensure the contracting or small business companies are free from complications and other issues.
Importing companies are facing claims of falsely providing products that are of quality when the materials are inferior, or when the imported items have missing pieces as well as expired consumables. Through the False Claims Act, these companies could face severe penalties unless they are able to resolve the matter legally.
Many of the two million semi trucks that are registered in the country are registered in Texas, Florida and California. Additionally, there has been an increase in commercial trucks in Texas since the implementation of the North American Free Trade Agreement. Because there are more commercial trucks on the roadway today, there are also an increased number of accidents involving these vehicles.
Individuals who are suspected of stealing in Texas may find themselves on the receiving end of property theft charges. These charges may include shoplifting, robbery or other crimes. Robbery and shoplifting have some similarities and many differences. It is important for criminal defendants to understand the nature of the charges against them.
There are differences in legal and biological fathers, and the legal duties of each are different as well which may affect the family unit, cause problems or resolve issues. When the father starts out as a biological parent, he is able to become the legal definition of a father through his own actions and how he presents himself to the child.
People often have many misconceptions about wills and estate planning. They often think of the word as “estate” as only applying if they own a large home. Having a will protects a person’s personal property in several ways. It also provides other benefits.
Small businesses work with subcontractors and contractors to ensure projects are completed on time and through various tasks delegated as needed based on the size and scope of the duties. Some small businesses are able to maintain subcontracting plans and work with other companies with programs and projects that exceed $700,000 in total.
Easements grant certain rights to a person’s land even when the property is not owned by the individual, and making an easement often requires negotiation and time. By contacting the landowner and discussing why an easement is necessary, it may be possible to keep these real estate conditions in the deed of purchase that passes to descendants.
Many individuals suffer from online attacks where a scam artist or illegal entity takes over the computer demanding money to release the software back to the owner. This is a ransomware attack, and most computer illiterate or competent owners of a computer provide payment to these violators believing it will not happen again.
The ability to acquire a permit for medical marijuana and use the substance depends on the state and laws that may alter permissible actions. Those that are in custody, are on probation or parole could face severe consequences when they are not aware of these factors that affect what substances are consumed.
Autopayment to bills and other services, when taken too early, could cause severe problems to the owner of an account. However, certain terms and services accepted could lead to these issues when the company or service is provided a specific date range to remove fees and funding based on when is best for the business.
Marriage creates certain legal duties and responsibilities between parties that would not otherwise exist without the benefit of marriage. One such right includes the right to inherit from a deceased spouse. Some spouses may specifically write out their spouse in their will. However, this may not be an effective way to disinherit a spouse. What the surviving spouse is entitled to depends on state law, where the property is located and whether any valid agreements exist between the parties.
Before any space should be rented by others, the owner is required to have insurance and other preventative measures in place. It is important the owner or landlord of a unit or property has purchased all policies possible to ensure liability is limited and any harm to others cannot be the responsibility of the owner.
Purchasing property requires various details explained and understood before the contract is signed by the buyer. Then, the individual must ensure that the planning is carried out and zoning issues may need changes or adjustments before the property purchase goes through the last stages of paperwork and escrow.
Illinois personal injury cases and workers’ compensation cases have significant differences between them. Some of the key distinctions between these two types of cases are:
Being convicted of a sex offense in Illinois can lead to severe consequences. A conviction often means registration as a sex offender, which can result in significant consequences to all aspects of a defendant’s life. Understanding the significant ramifications can help a person realize the stakes at risk.
There are incidents of United States citizens selling their marriage rights to foreign nationals for a visa, so they may remain in the country or immigrate. When these actions occur, and the couple is not truly together, this is considered marriage immigration fraud and could lead to penalties, deportation and fines.